Terms & Conditions of Service and Use of Website
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT IS A LEGALLY BINDING CONTRACT BEWTEEN YOU and 1000 Passions Inc., a Delaware corporation, governing your use of the Website www.1000passions.com and the purchase by you of any Experiences listed on the Website.
Your use of the Website and any Experiences purchased by you or procured for you are subject to the terms and conditions of this Agreement. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THIS WEBSITE, AND YOU MAY NOT PARTICIPATE IN ANY OF ITS SERVICES OR PURCHASE ANY EXPERIENCES FROM THE WEBSITE.
1000passions reserves the right to change these terms and conditions at any time, without any notice to you. Changes to these terms and conditions will be posted on the Website at www.1000passions.com. YOUR CONTINUED USE OF THE WEBSITE AFTER CHANGES HAVE BEEN MADE TO THESE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS, AS CHANGED, MODIFIED OR AMENDED.
“Company or 1000passions”means 1000 Passions Inc., a Delaware corporation and its subsidiaries.
“Experience”means a service offering provided by one of the Hosts, as listed on the Website.
“Force Majeure” means any act of god, nature or public enemy, fire, casualty, flood, earthquake, explosion, war, labor dispute, strike, lockout, embargo, epidemic, destruction of Company or Host facilities, riot, insurrection, failure of the internet generally in the United States, material unavailability or change in supply costs, acts of terrorism, governmental requirement, act of any military or civil authority, or any other similar cause beyond the reasonable control of Host or the Company.
“Guest”means a person who will be participating in the Experience provided by the Host.
“Host”means a person or entity that provides an Experience listed on the Website.
“Purchaser” means the person who purchases the Experience on the Website, whether for Purchaser’s own use, Purchaser’s use accompanied by Guests, or exclusively for the use of Purchaser’s Guests.
“Weather Dependent Experience” means an experience that is subject to weather conditions, as described in the Experience listing on the Website, as determined by the Host. For the purpose of these terms and conditions, Weather Dependent may also include conditions other than weather to which the Experience is subject, as described in the Experience listing on the Website, as determined by the Host.
“Website” means the website operated by the Company and found at www.1000passions.com.
Registration and Account.
In order to purchase an Experience or participate in any of the other services provided by the Website, you must create an account. To create an account, you must provide the information required on the registration page of the Website. To open an account you must: (i) represent you are at least 18 years of age; (ii) provide true, complete and accurate current information about you as requested on the registration page; and (iii) update the information provided by you on the registration page in order to ensure that the information contained in your member registration is always true, complete and accurate.
If you provide information that is untrue, incomplete or inaccurate, or if the Company reasonably believes that the information is not current or no longer true, complete and accurate, the Company has the right to terminate or suspend your account. The Company reserves the right to terminate or suspend any account that has been inactive or dormant for an extended period of time.
You will be required to provide your e-mail address and create a password to access your account. You are responsible for the safe keeping of your account information, and are liable for all activity in your account. You will promptly notify the Company of any unauthorized use of your account and/or other breach of security relating to your account. You agree to log out at the end of each session on the Website. The Company shall not be liable for any loss, liability or damage resulting from non-compliance with these provisions.
Types of Experiences.
There are three types of Experiences offered by the Company: Private Experiences; By Now Book Later Experiences; and Social Experiences.
Private Experiences are Experiences, uniquely designed for you and your Guests. These are Experiences in which only you, your Guests and the Host will be present. Private Experiences are offered only on specific dates and times during which the Host has agreed to provide the Experience.
Buy Now Book Later Experiences also are private, uniquely designed for you and your Guests, at which only you, your Guests and the Host will be present. However, the Host doesn’t list specific dates on which the Experiences are pre-scheduled. Rather you propose the dates on which you and your Guests would like to schedule the Experience with the Host. We shall attempt to schedule the Experience at a time mutually agreeable to you and the Host.
Social Experiences are Experiences are not private to you and your Guests. Social Experiences are limited to a certain number of persons, and are available generally until the Experience is completely sold. Social Experiences may also be subject to a minimum number of Guests purchasing the Experience. Social Experiences are only offered on specific dates and times during which the Host has agreed to provide the Experience.
Certain experiences listed on the website are subject to additional and/or different terms and conditions, particularly with respect to cancellation and refund policies. Such experiences are indicated by an *appearing AFter the name of the experience. you are advised to read the complete terms and conditions of experiences marked with an *prior to purchasing an experience.
Private Experiences have specific dates on which the Experience will be hosted. When you purchase a Private Experience, you are booking a specific a specific date and time, for a specific number of participants. You will receive a specific experience confirmation, not a general use voucher or gift certificate. Therefore, when purchasing a Private Experience for Purchaser and/or Purchaser’s Guests, be certain that the date, time and nature of the experience are suitable prior to purchasing an experience. See Refund Policy; see also Rescheduling, Cancellation and Credits.
Buy Now Book Later Experiences are without specific dates on which the Experience will be hosted. You will be asked to provide dates on which you would like to schedule the Experience. 1000passions will attempt to schedule the Experience with the Host on one of the dates you request. Host and Purchaser must agree to a mutually acceptable date for the Experience within thirty (30) days after the purchase of the Experience. The Experience must be booked for a date within one year of the date of purchase of the Experience. See Refund Policy; see also Rescheduling, Cancellation and Credits.
Social Experiences have specific dates on which the Experience will be hosted. When you book a Social Experience, you are booking a specific date and time. Social Experiences are limited to a certain number of Guests and may be subject to a minimum number of Guests. You will receive a specific experience confirmation, not a general use voucher or gift certificate. Therefore, when purchasing a Social Experience for Purchaser and/or Purchaser’s Guests, be certain that the date, time and nature of the experience are suitable prior to purchasing an experience. See Refund Policy; see also Rescheduling, Cancellation and Credits.
After purchasing an Experience, Purchaser will receive an e-mail confirmation of the Experience purchased. The confirmation shall set forth the name of the Host, date, time and location of the purchased Experience. Additionally, the confirmation will contain Purchaser’s name, the number of persons attending the Experience and the confirmation number of the purchased Experience. Purchaser or one of Purchaser’s Guests must present the confirmation number to the Host at the time designated for the Experience.
ALL PURCHASERS AND GUESTS MUST AGREE TO THESE TERMS OF SERVICE.
Payment for Experiences.
1000passions uses Paypal or another independent 3rd party to process payments for Experiences. All major credit cards are accepted. The Company does not charge any processing or other fees in connection with the payment for an Experience. The Company does not process your payment for an Experience, but transfers you to a secure network provided by Paypal or other 3rd party processorthrough which all transactions are processed. The Company doesn’t retain any of your credit card or other payment information.
PRIVATE EXPERIENCES ARE NON-REFUNDABLE. Therefore, when purchasing a Private Experience, be certain that the date, time and nature of the experience are suitable prior to purchase.
ONCE A BUY NOW BOOK LATER EXPERIENCE IS CONFIRMED FOR A DATE AND TIME THE PURCHASED EXPERIENCE IS NON-REFUNDABLE. When a Purchaser purchases a “Buy Now Book Later” experience, Purchaser must submit a list of dates on which Purchaser would like to schedule the Experience. The Company shall endeavor to schedule the Experience with the Host on one of the requested dates. If Host cannot provide the Experience on one of those dates, the Company shall endeavor to find a date for the Experience acceptable to Purchaser and Host. If Purchaser and Host cannot agree to a mutually acceptable date within thirty days of the date of purchase, the Company shall refund to Purchaser the amount that was paid by Purchaser for the Experience.
ONCE THE MINIMUM NUMBER OF SPACES REQUIRED FOR A SOCIAL EXPERIENCE TO TAKE PLACE IS PURCHASED, THE PURCHASED EXPERIENCE IS NON-REFUNDABLE. If the minimum number of spaces required for a Social Experience to take place is not sold and the Social Experience is Cancelled the Company shall refund to each Purchaser the amount that was paid by each Purchaser for the Experience.
The Company will provide a refund to Purchaser only in the following circumstances:
· If the Host is not present to host the Experience on the date and within one hour after the scheduled time of the purchased Experience;
· If the Host cancels a Private Experience or Buy Now Book Later Experience prior to the scheduled day of the Experience and the Host and the Guest are unable to reschedule the Experience at a mutually acceptable time (other than Weather Dependent Experiences);
· Upon the occurrence of a Force Majeure which prevents the Experience from taking place, and Host and Guest are unable to reschedule the Experience at a mutually acceptable time;
· Subject to the absolute discretion of the Company, upon the occurrence of certain special circumstances, such as death, severe illness of a Guest or similar circumstance, which determination by the Company shall be made upon submission to the Company of proper documentation confirming the existence of the special circumstances; and
· In the case of Buy Now Book Later Experiences, if Purchaser and Host are unable to arrange a mutually agreeable time for the Experience within, thirty (30) days after the date of purchase of the Experience.
· In the case of Social Experiences, if the minimum number of Guests has not purchased the Experience by the date set forth on the Website under “Additional Information” for the Experience.
EXPERIENCES LISTED ON THE WEBSITE MARKED WITH AN *MAY HAVE A REFUND POLICY SPECIFIC TO THOSE EXPERIENCES.
Rescheduling, Cancellation and Credits
For Private Experiences and Buy Now Book Later Experiences, in the event a Guest cannot attend an Experience on the scheduled date, an attempt shall be made to reschedule the Experience at a time mutually acceptable to Host and Guest. If Guest and Host are unable to agree to a mutually acceptable time to reschedule the Experience, the Experience will be cancelled. If cancellation of the Experience occurs more than fourteen (14) days prior to the scheduled date of the Experience, Purchaser will receive a credit equal to the amount that was paid by Purchaser for the Experience. The Purchaser may use the credit towards the purchase of any Experience that is scheduled to occur prior to the date of the first anniversary of the date on which Purchaser purchased the Experience. NO REFUND OR CREDIT WILL BE ISSUED in the event a Purchaser or Guest cancels a Private Experience or Buy Now Book Later Experience fourteen (14) or fewer days prior to the scheduled date of the Experience.
No credit shall be given for any Social Experiences for any reason.
In the event a Weather Dependent Experience is cancelled due to the weather (or other applicable condition), Purchaser will receive a credit equal to the amount that was paid by Purchaser for the Experience. The Purchaser may use the credit towards the purchase of any Experience that is scheduled to occur prior to the date of the first anniversary of the date on which the Experience was cancelled due to weather (or other applicable) conditions.
Certain experiences listed on the website marked with an * mayhave a rescheduling and/or cancellation policy specific to those experiences.
Host Terms and Conditions for Experiences.
1000passions reviews with Hosts the Experiences listed by them, and encourages Hosts to be as complete as possible in the descriptions of the Experiences, including special terms and conditions applicable to each Experience. Each Host is an independent contractor, and is not affiliated with the Company in any way. The Company makes no representations, warranties or guaranties about the Experience or the Host.
Experiences may be subject to certain additional terms and conditions, as indicated with an *next to the listing on the Website. You are encouraged to read listed Experiences carefully and make any necessary inquiries prior to purchasing an Experience. Hosts may require that you sign liability and other waivers. Experiences may be subject to age, size, health, physical or mental ability or other requirements. Purchasers are responsible for ensuring compliance with all the conditions by each and every Guest participating in the Experience. If Purchaser and/or Guest have any questions or concerns regarding special terms and conditions, Purchaser and/or Guest are expected to address them with Host prior to the Experience.
Website Use and Conduct.
The Website is operated by the Company to facilitate the purchase of Experiences. YOU AGREE NOT TO CIRCUMVENT (OR ENCOURAGE THE CIRCUMVENTION BY OTHERS) OF THE PURCHASING AND BOOKING OF EXPERIENCES PRESENTED ON THE WEBSITE BY ATTEMPTING TO PURCHASE OR ENCOURAGING OTHERS TO ATTEMPT TO PURCHASE THE LISTED EXPERIENCES DIRECTLY WITH A HOST. This Website is designed to bring together Hosts with a unique passion for what they do with non-professional members of the public who share a similar passion. It is intended to enable Hosts and Guests to share their passions. YOU AGREE NOT TO USE THE WEBSITE FOR COMPETITIVE OR SIMILAR PURPOSES, SUCH AS ATTENDING EXPERIENCES HOSTED BY COMPETITORS TO GAIN INFORMATION ABOUT ITS BUSINESS.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purpose, the Website or any portion thereof. You agree not to use the Website, except to purchase Experiences or participate in the other services provided by Company on the Website. You will access and use the Website for your personal use, however, you will not alter, remove or modify any content provided on the Website, nor duplicate, publish, distribute, create derivative works from any content on the Website.
You acknowledge that as between you and the Company, all right, title and interest in and to the Website, including but not limited to, all content; all intellectual property, including but not limited to any patent rights, copyrights, trade marks, trade names, service marks, inventions, business methods, trade secrets and know-how; the IP address and URL belong to, and is owned by, the Company.
You agree not to in any way damage or disrupt service, negatively affect the Website or in any way interfere with the Website and the use and enjoyment of the Website by any other person or entity. You will not e-mail, transmit or make available on the Website any content that is unlawful, harmful, threatening, abusive, harassing, libelous, obscene, vulgar, or hateful, whether racially, ethnically or sexually objectionable.
You will not harm minors in any way, impersonate any person or entity, or misrepresent yourself or your position or affiliation with any person or entity, including but not limited to the Company. You will not violate any applicable federal, state, local, national or international law, regulation or rule.
You understand that the Company may maintain, preserve, access and disclose any account information if, in good faith, the Company believes it is reasonably required to do so; (a) by law; (b) in connection with any legal, judicial, governmental or regulatory proceedings; (c) protect the Website, its account holders and users, its Hosts, and the public at large, and their respective rights; and (d) enforce these Terms and Conditions of Service and Use of the Website.
THE WEBSITE, INCLUDING THE PURCHASE OF EXPERIENCES, IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING: ANY IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-IFRINGEMENT; ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR BY ANY HOST OR OTHER CONTENT PROVIDER; OR FREEDOM FROM ANY COMPUTER VIRUS, MALWARE, BUGS, WORMS, TROJAN HORSES OR OTHER SOFTWARE PROBLEMS; AND THE COMPANY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF THE DESCRIPTIONS OF EXPERIENCES AS SET FORTH ON THE WEBSITE OR THAT ANY PURCHASER OR GUEST ATTENDING AN EXPERIENCE WILL ENJOY, OR BE SATISFIED WITH, THE EXPERIENCE.
NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY THE COMPANY OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF SERVICE AND USE OF WEBSITE OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY GRANTED UNDER THESE TERMS AND CONDITIONS OF SERVICE AND USE OF THE WEBSITE, AND YOU AGREE THAT YOU WILL NOT RELY ON ANY SUCH ADVICE OR INFORMATION. TO THE EXTENT THE COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUMPERMITTED UNDER SUCH LAW.
Assumption of Risks.
Purchaser acknowledges, understands and agrees that Purchaser and Purchaser’s Guests must evaluate each Experience and any risk associated with it, and that Purchaser and Purchaser’s Guests bear all risks associated with participating in an Experience. Purchaser acknowledges and agrees that Purchaser has read the complete description of the Experience prior to purchase, conveyed all information regarding the Experience to any Guests prior to their participation in the Experience, and understands the risks associated with the Experience. Purchaser and/or any Guests are voluntarily participating in the Experience after considering the nature of the Experience and any risks associated with it.
Limitation of Liability.
THE COMPANY, ITS OFFICERS, DIRECTORS, EMOPLOYEES, AFFILIATES, AGENTS, LICENSORS, LICENSSES, HOSTS, AND OTHER SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY.
WITHOUT LIMITING THE FOREGOING, NONE OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES NEGLIGENCE OR MISCONDUCT OF ANY HOST, ITS EMPLOYEES OR AGENTS, OR OTHER SERVICE PROVIDER RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH ANY EXPERIENCE.
YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, LICENSEES HOSTS AND OTHER SERVICE PROVIDERS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES AND EXEPENSES, MADE BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY CONTENT YOU SUBMIT, POST OR TRANSMIT THROUGH THE WEBSITE, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS OF SERVICE AND USE OF THE WEBSITE, OR PURCHASER’S CONDUCT (AND/OR THE CONDUCT OF GUESTS) IN CONNECTION WITH ANY EXPERIENCE.
If any provision of these Terms and Conditions of Service and Use of Website is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision or part thereof which is necessary to render the provision valid, legal and enforceable shall be severed from the agreement and remaining part of that provision and the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part, will remain in full force and effect to the extent not held invalid or unenforceable.
These Terms and Conditions of Service and Use of Website shall be governed by, and construed in accordance with, the laws of the State of New York, applicable to agreements to be executed and fully performed therein.
You irrevocably consent to the exclusive jurisdiction of the Supreme Court of the State of New York, County of Westchester (or if you can obtain jurisdiction, then in the United States District Court situate in the County of Westchester, NY), and YOU WAIVE ANY OBJECTION TO VENUE IN SUCH COURT, FOR THE PURPOSE OF BRINGING ANY LEGAL ACTION IN LAW OR EQUITY, TO ENFORCE THE TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS OF SERVICE AND USE OF THE WEBSITE.
Nothing in these Terms and Conditions of Service and Use of Website, express or implied, is intended to or shall confer upon any person or entity, other than you and the parties enumerated herein and their respective successors, legal representatives and permitted assigns, any rights, benefits or remedies of any nature whatsoever under or by reason of these Terms and Conditions of Service and Use of Website, and no person shall be deemed a third party beneficiary under or by reason of this Agreement.
Any provision of these Terms and Conditions of Service and Use of Website, which by its context is intended to apply after Purchaser and/or Guests attend an Experience (e.g., indemnification) shall survive and continue in full force and effect.
All words used in these Terms and Conditions of Service and Use of Website will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.
The headings of sections of these Terms and Conditions of Service and Use of Website are provided for convenience only and will not affect its construction or interpretation.