Whoozin Terms of Service
Last updated: April 11, 2016
Whoozin is an online platform which facilitates aspects of event organization, with particular focus on invitations and RSVP’s, event registrations and ticket sales. The Whoozin website is located at www.whoozin.com.
Thinkpuddle Inc. (“Thinkpuddle”, “we”, “us”, “our”) offers, provides and maintains the services (“Functionality”), as described below. Thinkpuddle Inc. is a corporation incorporated under the laws of the Province of Ontario, Canada, having its principal place of business at Suite 1305, 2200 Yonge Street, Toronto, Ontario M4S 2C6.
Online functionality, products and services that are accessible through the Whoozin product line including the Whoozin website, subdomains and related mobile and desktop applications, and all other services provided by us, including technical support and customizations, whether or not delivered online, are collectively referred to as “Functionality”.
Event organizers and persons visiting an event page and/or responding to an event by RSVP, registration or ticket purchase, and other visitors of the Functionality, are collectively referred to as “Users” or “you”.
Acceptance of Agreement
You agree to use the Functionality for its intended purpose and consent to data being used in a manner consistent with the purpose of the Functionality. Thinkpuddle reserves the right to change the Functionality at any time without notice to you. You agree not to engage in any conduct that in our sole discretion restricts or inhibits any other party from using the Functionality. This includes, but is not limited to, the posting or transmitting through the Functionality of any information that is, in our sole discretion, unlawful, obscene, threatening, abusive, libellous or hateful, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, federal or international law. You agree to not upload to, or distribute or otherwise publish through, the Functionality any content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets and other proprietary rights, or which contain viruses, “worms”, “trojan horses” or any other harmful properties, or use the Functionality for, or to further, any illegal purposes. You agree to not use the Functiionality to engage in unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
Access to the Functionality may require your use of login credentials (such as a user name and password). Your password should be kept strictly confidential to prevent unauthorized use. You are fully responsible for any and all activities that occur in association with your account or password. You agree not to transfer your login credentials, or lend or otherwise transfer your use of or access to the Functionality to any unauthorized third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account. In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives having permission to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Functionality.
You are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other materials or content (“Content”) that are transmitted, posted, or distributed by you through the Functionality, including, but not limited to, the contents of your email communications, information, photos or images posted or sent by you to or through the Functionality. All Content posted or sent by you is your sole responsibility. By posting or sending Content you represent and warrant that you own all right, title and interest to such Content and any likenesses contained in such Content, or that you are licensed by such owner to use the Content in such manner.
You understand and agree that we do not control your Content nor do we have any obligation to review, refuse, or remove any Content available via the Functionality. However, Thinkpuddle reserves the right to monitor and review, and if necessary, refuse or remove, any content from the Functionality, and to terminate your account at its sole discretion. Thinkpuddle reserves the right to disclose any Content or any communication through the Functionality, and the circumstances surrounding the transmission thereof, to (1) any third party in order to operate the Functionality, (2) comply with applicable laws, (3) respond to governmental inquiries or requests, (4) comply with valid legal process, (5) protect the rights, privacy, safety or property of Thinkpuddle, the Functionality visitors or the public, (6) permit us to pursue available remedies or limit the damages that we may sustain, and/or (7) enforce these Terms of Service.
You agree that if you post any Content through the Functionality, you automatically grant to Thinkpuddle, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Content to other Users of the Functionality and to third parties with whom Thinkpuddle has a relationship. You also grant Thinkpuddle the right to authorize the downloading and printing in whole or in part of any Content that you post to the Functionality.
Content of Others
Thinkpuddle does not control the Content posted or sent through the Functionality and does not guarantee the accuracy, integrity or quality, safety or legality of such Content; and nor does Thinkpuddle guarantee the ability or willingness of any party to act in accordance with representations contained in the Content. By using the Functionality you understand and agree that you may be exposed to Content posted by other Users that may be offensive, indecent or objectionable.
The Functionality may contain references or links to other companies, web sites and services. While we try to reference or link only to companies, sites and services that share our high standards and respect for privacy, we are not responsible for the content of, or the privacy practices employed by, such other companies or web sites. A reference or link to another company should not be construed to mean that we are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the reference or link. The mention of another party or its product or service in the Functionality should not be construed as an endorsement of that party or its product or service.
Trademarks and Copyrights
The Functionality, including, but not limited to, software, text, graphics, logos, button icons, images, data, audio and video clips is the property of Thinkpuddle, or other parties that have licensed their materials to us, and is protected by Canadian and international copyright laws. Certain words, phrases, names, designs or logos used in the Functionality may constitute trademarks, service marks or trade names of Thinkpuddle or other entities. The display of any such marks or names in the Functionality does not imply that a licence has been granted to you by Thinkpuddle or other entities. You agree to not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, the Functionality or any portion thereof, or use of or access to the Functionality or any portion thereof.
(Online Processing of Payments between Purchaser and Organizer)
The Functionality includes features which enable or facilitate the sale of tickets for events, the collection of registration fees for events and other methods by which an event organizer ("Organizer") can receive payments from an attendee or other visitor to the site ("Purchaser"), such features and capabilities being collectively referred to herein as “Payment Services”. Payment Services’ role is to offer optional features which facilitate the transfer of funds between Organizer and Purchaser.
The Organizer shall fulfill its obligations in respect of any ticket, registration or other service or product for which it received monies through Payment Services, provided that if it is unable to do so, it shall, without limitation, promptly refund the applicable payments to the Purchaser.
In consideration of its role as technology provider, Thinkpuddle shall be paid a fee when Payment Services is used, such fee to be deducted from the amount collected from the Purchaser. The Organizer may be given the option to add the fees of Thinkpuddle and the payment processor onto the face amount of the product which Purchaser is buying, in order that the Organizer’s net receipt be equal to the face value of the product. Under no circumstances will Thinkpuddle be responsible or liable for any aspect of payments and transfer of funds conducted using Payment Services including, but not limited to, errors in payment amounts or payment transfers, chargebacks, refunds, errors in issuing refunds or failures to refund.
The Organizer is presented with a capability to display a refund policy on the screen where the Purchaser orders tickets. If the Purchaser does not see such a policy and/or has concerns about the Organizer’s refund policy, the Purchaser shall contact the Organizer directly. Although information pertaining to a fraudulent or allegedly fraudulent Organizer may be communicated to Thinkpuddle, Thinkpuddle assumes no responsibility for the actions of the Organizer and may not be called upon to issue any refund or other payment to the Purchaser.
The Organizer is responsible for all aspects relating to the collection, refund and dispute of payments made by Purchaser. The Organizer shall communicate its refund policy to Purchaser and is responsible for issuing refunds to the Purchaser. The Organizer shall communicate directly with the Purchaser for all issues relating to payments, refunds and disputes. The Organizer acknowledges that Thinkpuddle is merely the technology provider and that all aspects of the dispute are solely between the Organizer and the Purchaser. The Purchaser shall communicate directly with the Organizer for all issues relating to payments, refunds and related disputes. The Purchaser shall contact the Organizer directly to initiate any refund or dispute process. The Purchaser acknowledges that Thinkpuddle is merely the technology provider and that all aspects of the dispute are solely between the Organizer and the Purchaser.
This Agreement and your right to access or use the Functionality may be terminated at any time, either by Thinkpuddle or by you. Termination by you shall be deemed to occur if you delete your account or request that we do it for you. Without limiting the foregoing, this Agreement and your right to access the Functionality will terminate immediately without notice from Thinkpuddle if, in our sole discretion, you fail to comply with any material term or provision hereof or if Thinkpuddle believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of Thinkpuddle and/or its affiliates. All of the provisions of these Terms of Service that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of these Terms of Service and you agree to remain bound by those provisions.
Disclaimer of Warranties
Unless otherwise expressly provided, the Functionality is provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Thinkpuddle, its affiliates and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the Functionality. Thinkpuddle, its affiliates and licensors do not warrant the Functionality or that its contents will meet your requirements, that the Functionality, or its contents, are fit for any particular purpose or that use of the Functionality or its contents will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Functionality is free of viruses, worms or other harmful components. Thinkpuddle, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the Functionality (including, but not limited to, functionality for the transfer of information and data) in terms of its correctness, accuracy, reliability, security or otherwise. You (and not Thinkpuddle) assume the entire cost of any necessary servicing, repair or correction.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Thinkpuddle, its affiliates and licensors, or their directors, officers, employees, agents, contractors, be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from the use of, or the inability to use, the Functionality, even if Thinkpuddle or a Thinkpuddle authorized representative has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall the total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the greater of (a) the amount of the fee received by Thinkpuddle for the specific event in which the Functionality was used and the liability occurred and (b) the sum of one hundred ($100.00) US.
You hereby agree to release, defend, indemnify and hold Thinkpuddle, its affiliates and related companies, and any of their respective directors, officers, employees, agents, contractors, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of your breach of any provision of this Agreement, or your use of the Functionality.
You agree that this Agreement shall be interpreted and enforced in accordance with the laws of the Province of Ontario, Canada. You consent to the jurisdiction of the courts of the Province of Ontario and federal courts located therein, with respect to the forum for any dispute which may arise in connection with this Agreement or your use of the Functionality. The Functionality is controlled and operated by Thinkpuddle from Canada, and is not intended to subject Thinkpuddle to the laws or jurisdiction of any territory other than that of Canada. Thinkpuddle does not represent or warrant that the Functionality or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Functionality do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Functionality’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. The language in this Agreement shall not be interpreted strictly for or against any party. Neither this Agreement nor any rights or obligations hereunder, in whole or in part, may be assigned by you. Any delay or failure by Thinkpuddle to take any action or exercise any right which it may have pursuant to this Agreement or otherwise shall not be construed as a waiver with respect thereto.