HANG WITH THE BAND.COM
THIS AGREEMENT DESCRIBES THE TERMS AND PROVISIONS APPLICABLE TO YOUR USE OF OUR SERVICES AVAILABLE UNDER THE DOMAIN AND SUBDOMAINS OF HANGWITHTHEBAND.COM, ANY OTHER HWTB WEBSITE, AND ANY AFFILIATED WEBSITES (COLLECTIVELY “HANGWITHTHEBAND.COM” OR THE “WEBSITE”) AND APPLY GENERALLY TO OUR AFFILIATES, SUBSIDIARIES, AND JOINT VENTURES. HWTB PROVIDES THE HANGWITHTHEBAND.COM WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY AND REGULARLY AS IT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES.
HWTB’s services consist of the following, without limitation:
- Online auctions for registered users to bid on the opportunity to attend HWTB organized events that will be attended to by a celebrity identified in said auctions (“HWTB Auctions”)
- Organizing and hosting social events for winners of HWTB Auctions (“HWTB Events”)
- Organizing and hosting events for persons, groups or organizations who wish to customize an HWTB Event involving a particular celebrity
- Allowing users to cast votes towards their celebrity preferences for future HWTB Events
- Allowing users to sign up to receive e-mails with information on future HWTB Events (collectively, the “Services”). HWTB may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. HWTB also reserves the right to cease offering any of the Services.
This Agreement is subject to change by HWTB in its sole discretion at any time, with or without notice. Your continued use of this Website or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. The date when the Agreement was last revised is reflected above. HWTB RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE WEBSITE AND ITS CONTENT.
1.1 This Agreement applies to all users of any services on HANGWITHTHEBAND.COM. HANGWITHTHEBAND.COM may contain links to third party websites that are not owned or controlled by HWTB. HWTB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
2. INTELLECTUAL PROPERTY INFORMATION
2.1 All content on the HANGWITHTHEBAND.COM website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HWTB. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through HANGWITHTHEBAND.COM is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
2.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of HWTB.
2.3 You further agree not to reproduce, duplicate or copy Content from HANGWITHTHEBAND.COM without the express written consent of HWTB, and agree to abide by any and all copyright notices displayed on the HANGWITHTHEBAND.COM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in HANGWITHTHEBAND.COM. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of HANGWITHTHEBAND.COM.
3. WARRANTY DISCLAIMER
3.1 THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HWTB PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. HWTB DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. HWTB DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
3.2 Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by HWTB, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. HWTB DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HWTB. UNDER NO CIRCUMSTANCES WILL HWTB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS.
3.3 HWTB, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, ANY WEBSITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR WEBSITE-RELATED SERVICES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. UNDER NO CIRCUMSTANCES WILL HWTB’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID HWTB FOR THE USE OF ANY SERVICES, THE AMOUNT OF US $10.00 OR ITS EQUIVALENT.
3.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HWTB, ITS AFFILIATES AND ITS SPONSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
3.5 Although HWTB attempts to ensure the integrity and accurateness of HANGWITHTHEBAND.COM, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that HANGWITHTHEBAND.COM could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. Moreover, HWTB and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that HWTB and its contractors will have no liability to you arising from any incorrectly verified information. In the event that an inaccuracy arises or is discovered, please inform HWTB immediately so that it can be corrected.
4. WEBSITE ACCESS AND USE
4.1 HWTB grants you a limited, revocable, nonexclusive license to access HANG WITH THE BAND (website access www.HANGWITHTHEBAND.COM) for your own personal use.
4.2 In order to access the features of HANGWITHTHEBAND.COM as well as to participate in any HWTB Event (sometimes also referred to as a Hangout) as a Guest (defined herein), you will have to create an account. Your account is for your personal use only. You may never use another’s account, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. When creating your account, you must provide accurate and complete information. A valid mailing and email address is required in order to use the Services. It is your responsibility to maintain the validity of this information. If you change your mailing address or e-mail address, please update your registration information on the Website with your new mailing address or e-mail address. Failure to maintain a valid mailing and/or email address may result in the inability of you to use the Website or the Services.
4.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You acknowledge that HWTB is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. You must notify HWTB immediately of any breach of security or unauthorized use of your account. Although HWTB will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HWTB or others due to such unauthorized use.
4.4 The Website and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
4.5 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses HANGWITHTHEBAND.COM. You agree not to collect or harvest any personally identifiable information, including account names, from HANGWITHTHEBAND.COM, nor use the Website for any commercial solicitation or illegal or improper purposes. Notwithstanding the foregoing, HWTB grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. HWTB reserves the right to revoke these exceptions either generally or in specific cases.
4.6 Unless otherwise authorized by HWTB, you will not advertise or solicit any user to buy or sell any products or services through the Website or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise, solicit to or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to HWTB, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HWTB $50 for each such unsolicited communication you send through the Website or Services.
4.7 You will not harass, annoy, intimidate or threaten any HWTB employees or agents engaged in providing any portion of the Services to you.
4.8 You will promptly report to HWTB any violation of the Agreement by others.
5. WEBSITE AUCTIONS ACCESS AND USE
5.1 In order to access certain features of HANGWITHTHEBAND.COM and to participate in any HWTB Auctions and/or HWTB Event (Hangout) as a bidder, you must first register as a Hang With the Band user (free) by filling out completely and accurately all information required by HWTB as part of the Website’s online registration form. You must then activate your account for bidding by paying a one-time $10 bidding activation fee to have access to the bidding process. Rankings refer to the placement of your bid in relation to other bidders whereby the bidder who places the higher dollar amount bid shall be ranked highest and the bidder who places a lesser bid per person shall be ranked lower (i.e. the highest dollar amount per person bidder would receive a ranking of 1 whereby the second highest dollar amount per person bidder would receive a ranking of 2 and so on). You can check your ranking by logging into your account. Your ranking position can change from moment to moment as you increase your bid amount and as other bidders place their bids. You can generally update your ranking by refreshing the web page that displays your ranking position while logged into your account. You will indicate when registering for the auction whether you are bidding for one or 2 persons on the understanding that bids made for 2 shall be represented at 50% of your actual bid amount for purposes of determining your respective rankings in the auction. Your first bid must be at least the minimum bid amount specified on the auction you are bidding on (that amount should be doubled if bidding for 2). By clicking on the button to “Place Your Bid”, you will be prompted to type in your initial bid amount which must be a least the minimum amount per person as specified in the Event Details description on the HWTB web site. The Event Details description will also specify the number of prize packages (spots) that are up for auction. It is understood and agreed that the spots as described on the Event Details page will be awarded to the winning bidders in correspondence with their final auction ranking subject to fulfilling their obligations as stipulated herein. As a result of Paypal restrictions that may fluctuate, it is possible that your opening bid may not exceed $10,000 although you may bid beyond that amount thereafter. After your initial bid you may increase your bid as many times time you like up to the scheduled close of auction as specified in each event. You may not decrease your bid once it’s placed. You agree that by participating in an auction on this website that you are personally legally bound to pay HWTB the amount of your final bid should the auction close and your preliminary final ranking end up in a winning position according to the event details as described on the HWTB website. All bids and bidding minimums are in U.S. dollars. If you finish in a preliminary winning position or rank at the end of the auction, you will receive a link to a Paypal Invoice via the email address you have provided to HWTB, for the amount of your last bid before auction close. You agree that in this circumstance that you are legally bound by this agreement to pay that amount within 8 hours of that Paypal invoice being sent out by HWTB to you at the email address you have provided. If your final bid amount exceeds Paypal limitations for a single invoice payment HWTB reserves the right to provided multiple invoices to make up the total dollar amount bid or otherwise provide an option for an alternate form of payment. If at the end of an auction, you place lower than the winning rankings as described in the event details, then you shall not be obligated to pay the amount you bid. In this circumstance, you may be also be offered by HWTB a different tiered package (includes some but not all of the activities as prescribed in the event details) for the final price you bid which you may accept or decline at your discretion. You must have a valid credit card number in your name or have a valid Paypal account in your name in order to have your HWTB bidding account profile activated and bid on any HWTB Auctions. It is your responsibility to maintain the validity of this information. HWTB cannot be responsible for your inability to bid or pay for bids you make If your credit card expires or your Paypal account is closed or otherwise canceled for any reason.
5.2 Upon confirmation of enrolling on the Website as a Registered User and your payment of the Auction activation fee ($10), your bidding profile will be activated. You will then be able to log onto the Hang With the Band Website and place bids on HWTB Auctions.
5.4 Each HWTB Auction shall have a designated start time and end time during which you may place bids. Each HWTB Auction will provide a description of and details about the particular HWTB Event (Hangout) on which you may place a bid, including the number of spots that are available to bid on and the incremental procedure of the bidding. In some auctions bids may be increased freely while in others increases may only be done in pre-specified increments (i.e. increments of $100 or multiples thereof). During the pendency of any HWTB Auction on which you place a bid, you will be able to log into your Hang With the Band website account to see your ranking relative to other bidders; however, the dollar amounts and the ranking of other bidders will not be displayed. All bids are time-stamped and therefore, for purposes of ranking, bids of identical dollar amounts will be prioritized on a first-come basis by the date and time they are received (e.g., a $4000 bid made at 10:01 a.m. will be ranked higher than a $4000 bid made at 10:05 a.m. on the same day). All bids are legally binding and non-revocable. Once you place and confirm a bid on any HWTB Auction, your bid constitutes a legally binding agreement authorizing HWTB to collect the full amount of your bid if and when it is determined by HWTB to be among the winning bids at the close of the HWTB Auction for which the bid was placed. In the event that you are in a preliminary final winning position at an auction’s and you do not pay as per your commitment for any reason you shall be subject to possible action by HWTB as detailed herein and you will forfeit any claim to the HWTB Auction prize (event package) for which the bid was placed. In this event the ranking in question will also be forfeited and rankings below it will be adjusted upwards accordingly. In the event of this said failure to pay as promised you also agree that such action constitutes fraud and is subject to legal recourse by HWTB for any damages that ensue as a result of such action.
5.5 While HWTB will make every effort to ensure that all HWTB Auctions are continuous and uninterrupted, HWTB cannot and does not guarantee that all HWTB Auctions will be continuous and uninterrupted and operation of any HWTB Auction may be interfered with by numerous factors outside HWTB’s control. In the event that a disruption of an HWTB Auction occurs for any reason, including but not limited to, a crash of the computers hosting the Website and/or the HWTB Auction, then any such HWTB Auction and all associated bids shall be rendered null and void with HWTB reserving the right to decide whether or not the start over and run again the disrupted HWTB Auction within the same or different timelines as previously designated. As a user of the Hang With the Band.com website you agree to hold HWTB harmless against any damages that should occur as result of said interruption of an Auction.
5.6 Following the termination of each HWTB Auction, HWTB will tabulate the highest bids for the available spots and compile a Preliminary Winning Rankings list within 120 minutes after the close of each HWTB notifying potential winning bidders by email and/or telephone utilizing the contact information provided by the Bidders. Bidders who are not in “winning” ranking positions at this time will know as such by checking their ranking position after the auction end date and time.
5.7 For any HWTB Auctions for which you are among the Preliminary Winning Ranking (positioned in a package winning rank at auction close) you hereby agree to pay the Paypal invoice that will be sent to you by HWTB in full for the amount owing (the amount of your final bid amount) within 8 hours from the time that the invoice is sent by HWTB to the email address you provide at registration. In the event that your invoice remains unpaid 8 hours after the final invoice is sent, HWTB reserves the right to revoke your winning bid for non-payment and cancel your Website membership. HWTB may also, at its sole discretion (but shall not be required to) contact you in the event of non-payment after 8 hours via the e-mail address and/or the phone number you provided at registration to provide you with the opportunity to use an alternative method of payment for the purpose of paying for and securing your winning spot in the HWTB Auction. It is understood that this would be done as a courtesy and not as a matter of policy.
5.8 HWTB reserves the right to sell any unsold or additional spots after any auction closes so long as such spots do not usurp any previous paying bidders’ auction ranking in a negative or downward direction. Pricing and method of marketing of such packages shall be at HWTB’s sole and absolute discretion
5.9 In the event that your bid includes a bid for a guest and said bid is placed in a ranking position which divides your bid for two persons into winning and non-winning positions or which divides your bid into different tiers relative to the HWTB Event (Hangout) that you are bidding on, then HWTB, at its complete and sole discretion reserves the right to accommodate bidders in these types of situations by increasing the amount of available total winning spots and/or the available winning spots in total and/or in a tier of a multi-tiered Event (Hangout) by a factor of one person.
5.10 As a registered participant of the HWTB website, you agree to refrain from bidding or being a guest of a bidder for any HWTB Event (Hangout) where you have a history of altercation with a celebrity or celebrities who are featured guests of said Event (Hangout) whereby it may be reasonably deemed that said celebrity/celebrities may feel that your presence at the Event (Hangout) may constitute a threat to their comfort, safety or security. HWTB reserves the right to refuse your bid or to disqualify your bid, winning or otherwise, if said celebrity/celebrities determine and express to HWTB that they feel that you are in any way a threat to their comfort, safety or security. In the event that such a determination is made prior to the Final Winning Rankings being published or anytime before the start of the actual Event (Hangout), HWTB shall refund to you the Auction Price paid to HWTB for the Event (Hangout) and shall not be liable to you for any reimbursement otherwise. Should that determination/assessment occur after that start of an Event (Hangout) then the offending bidder(s) shall be removed from the event and barred from participating further in the Event (Hangout) Itinerary without refund or compensation by HWTB or the celebrity/celebrities. For purposes of clarity on this, HWTB strongly advises that any person who plans to bid, is bidding on an Event or is a registered guest of a bidder for an HWTB event that involves celebrity/celebrities with whom the bidder has had any kind of prior meeting, association or relationship, then the bidder should declare such history to HWTB via email so that HWTB may have the opportunity to approve their participation via the celebrity/celebrities in question.
5.11 To the extent you are required by law, you are solely responsible for remitting any taxes owed in your domicile to which you are subject to arising from any winning HWTB Auctions. HWTB is not obligated to determine whether such taxes apply and is not responsible for collecting, remitting or reporting such taxes arising from the HWTB Auction.
6. HWTB EVENTS
6.1 Upon successful payment in full of the Auction Price, you will receive an e-mail confirmation of your winning bid. Prior to the actual event you will also receive a detailed itinerary from HWTB regarding the HWTB Event (the “HWTB Event Itinerary”). You agree and accept that timing and Itinerary activities may be subject to updates and changes as circumstance dictates. HWTB shall send such updates to you via email as they occur. As a HWTB event participant you agree to provide and show valid identification to confirm your identity to HWTB staff. You also agree to provide a valid cell phone number (if you have a cell phone available to you) to HWTB to enable communication during event pick up points. HWTB shall also make available a mobile phone number by which you can contact HWTB. As a HWTB event or Hangout participant you agree and understand that it is essential that all participants be present and accounted for at pre-determined pick up points where transportation is provided by HWTB. It is further understood and agreed that as an event participant, your failure to be present at such a meeting point at a pre-determined time shall be just cause for HWTB to proceed to the destination without said participant. It is further agreed and understood that HWTB shall not be held liable to said participant for such action in any way and that said participant shall be not be entitled to a refund of any funds paid to HWTB in this circumstance.
6.2 In addition to the provisions set forth in this Agreement, your participation in any HWTB Event (including, as the case may be, your participation as a Guest of a bidder with an activated Bidding Account) shall be governed by any restrictions or limitations set forth in the applicable HWTB Auction Hangout Description and the HWTB Event Itinerary, which are incorporated herein by reference.
6.4 In the event that one or more portions of the HWTB Event (Hangout), other than the scheduled celebrity appearance for which HWTB is compensating said celebrity, are cancelled or otherwise unavailable for any reason, HWTB shall make every reasonable effort to reschedule any such cancelled portions of the HWTB Event, but HWTB reserves the right to substitute said cancelled portion with activities of a comparable level and HWTB shall not be liable to you for any additional amounts incurred by you relating to your attendance of the HWTB Event, including but not limited to airfare, hotel and transportation expenses.
6.5 Bidders and participants of HWTB Events (Hangouts) must be at least 18 years of age. In some cases a person under the age of 18 may be able to participate in a HWTB event provided that HWTB has expressly given written permission as such and that person is accompanied by an adult who has bid for them and has also secured a spot for themselves via the bidding process or otherwise purchases or is awarded a spot. If you are under the age of 21, you hereby acknowledge, understand, and agree that you will be prohibited by law from participating in one or more portions of any HWTB Event that has age restrictions. Any portions of any HWTB Event that have age restrictions will be described in the HWTB Auction Hangout Description. HWTB shall not be liable to you for any additional amounts incurred by you or your guest relating to your attendance of said HWTB Event, including but not limited to airfare, hotel and transportation expenses, nor shall HWTB be liable to you in any manner for any claimed loss arising from you or your guest’s inability to attend the portions of any HWTB Event that have age restrictions.
6.6 You shall be solely responsible for your transportation to and from the venue city where the HWTB Event is held as well as to and from the location (hotel or otherwise) where accommodations relating the HWTB Event may be provided by HWTB. HWTB shall only be responsible for providing the transportation and accommodations expressly set forth in the HWTB Event Details on a case by case basis.
6.7 You must arrive and depart the HWTB Event within the time parameters set forth in the HWTB Event Itinerary in order to take part in all of the events listed in the HWTB Event Itinerary associated with the HWTB Auction. The HWTB Event Itinerary will also indicate meeting times and locations within the HWTB Event for which you are scheduled to take part. HWTB will not be responsible to you in any way for any portion of an HWTB Event that you miss due to late arrival or early departure from the venue city or your late arrival for any for pre-determined meeting points for transportation to specific activitiesy within the HWTB Event.
6.8 You agree that you will be subject to physical search in order to attend an HWTB Event. Any weapons of any kind, whether or not they are legally permitted, are strictly prohibited at any HWTB Event.
6.9 At any HWTB Event, you agree to conduct yourself in accordance with all provisions of applicable federal, state and locals laws as well as decent public morals and standards. You further agree that you will not be under the influence of illegal drugs or narcotics or engaging in any illegal activity during a HWTB Event. HWTB reserves the right to remove you and/or your Guest from the HWTB Event in the event that you or your guest’s behavior is deemed inappropriate (such determination to be at the sole discretion of HWTB representatives). You further agree that any interactions, conversations, and/or discussions between you and any celebrity attending the HWTB Event will be strictly limited to those of a social nature; discussions involving business ventures or proposals or other forms of commercial solicitation are strictly prohibited during the HWTB Event and will result in immediate removal from the HWTB Event. In the event that you and/or your guest are removed from an HWTB Event for reasons set forth herein, you will not be entitled to any refund of the Auction Price you paid and HWTB reserves the right to cancel your Website membership.
6.10 You agree that you will keep the amount of your Auction Price confidential and will not reveal your paid Auction Price to any other attendee at or before the HWTB Event you bid on takes place. This provision shall be equally applicable to you in all respect to the fullest extent even if you are only the guest and not the bidder of the HWTB Auction. You further acknowledge and understand that a violation of this provision of the Agreement would cause irreparable harm to HWTB or would be difficult to assess damages therefrom, and therefore, any violation of this provision will entitle HWTB to monetary liquidated damages in an amount equal to three times the amount of your Auction Price. HWTB also reserves the right to immediately remove you and/or your Guest from the HWTB Event in the event that you violate this provision and, in such case, you will not be entitled to any refund of the Auction Price you paid and HWTB reserves the right to cancel your Website membership.
6.11 If you have any food allergies, you must notify HWTB in writing at least 15 days prior to any HWTB Event where food will be provided by HWTB as part of the HWTB Event Itinerary.
6.12 HWTB makes no representations, warranties, guarantees, or promises of any form of relationship between you and any celebrity or other person attending the HWTB Event prior to or after the HWTB Event. HWTB further makes no representations, warranties, guarantees, or promises regarding the nature and quality of any time that you may spend with any celebrity attending the HWTB Event. HWTB makes no guarantees regarding you obtaining any phone numbers, email addresses, and/or contact information from any celebrity attending the HWTB Event.
6.13 HWTB assumes no responsibility or liability whatsoever for any of your actions or activities occurring prior your arrival and after your departure from an HWTB Event.
6.14 Your winning auctions are non-transferable and the Auction Price paid is non-refundable in the event you are unable to participate in the HWTB Event after paying for it except for the following: If your inability to participate in the HWTB Event is a result of extraordinary circumstances, then HWTB may consider a cancellation or a “transfer of prize” request on your part provided that such request is made in writing by the completion of a form provided by HWTB upon your request. HWTB’s willingness to approve your cancellation or transfer request and refund of the Auction Price will be subject to HWTB’s sole discretion in its assessment of the circumstances that make you unable to participate the HWTB Event as well as HWTB’s ability to fill the vacancy arising from your cancellation by offering them to other bidders. Moreover, if HWTB approves your cancellation request, you will receive a refund of the Auction Price minus a 20% cancellation fee of the total price paid. In case of said cancelation, HWTB shall not be responsible for any reimbursement of any additional amounts incurred by you relating to your attendance of the HWTB Event, including but not limited to airfare, hotel and transportation expenses.
6.15 By your attendance at any HWTB Event, you hereby expressly consent to HWTB using your likeness in connection with any photographs or videos of said HWTB Event in any commercial manner.
7.1 You agree to defend, indemnify and hold harmless HWTB, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
a. your use of and access to the HANGWITHTHEBAND.COM website;
c. your violation of any third party right, including without limitation any copyright, property, or privacy right; and
d. your participation in and/or actions at any HWTB Event.
8. GOVERNING LAW / DISPUTES
8.1 You agree that the HANGWITHTHEBAND.COM website shall be deemed solely based in the State of Nevada.
8.2 The HANGWITHTHEBAND.COM website shall be deemed a passive website that does not give rise to personal jurisdiction over HWTB, either specific or general, in jurisdictions other than Nevada.
8.3 Governing Law: This Agreement will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.
8.4 Disputes: Any dispute, claim or controversy arising out of or relating to the HANGWITHTHEBAND.COM website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay its counsel fees and expenses.
8.5 Damages: HWTB will not be liable for any consequential, indirect, exemplary, special or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising from or relating to your use of the HANGWITHTHEBAND.COM website and the Services, including but not limited to, your participation in and/or actions at any HWTB Event.
8.6 Severability: In the event that any of the provisions of this Agreement will be held to be invalid or unenforceable in whole or in part, all other provisions of this Agreement shall nevertheless remain in full force and effect and will continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. Upon such determination that any provision is invalid or unenforceable, such term or other provision will be interpreted so as to best accomplish the intent of the parties.
9. ASSIGNMENT / MODIFICATION