Hubbli Inc. Terms & Conditions of Use
Last updated 06/23/2014
1. This Service
1.1 The Hubbli.com Service is provided by Hubbli Inc. (Us,We) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
1.2 Hubbli.com provides and hosts for its clients (“Clients”) customizable Hubs, including event calendars, notifications and registration tools, communication tools and collection of dues and other payments via third-party online payment providers (collectively, the “Client Services”). Hubbli.com may also make certain services available to individual and family end-users (“End-Users”), including online calendars, file repository, scheduling, discussions, reminders, event information and publishing, and messaging services (the “End-User Services”). Together, the Client Services and the End-User Services shall be referred to as the “Services.” Clients and End-Users are responsible for establishing and maintaining their own event calendars and information and for the use of their event calendars by any person or entity. Hubbli.com may impose limits on various calendar or other functions, as it may determine in its sole discretion.
1.3 Although member information will only be accessible and viewed by other members of a Client organization, Clients have the option of setting the access restrictions and information settings for Client member information. You understand and acknowledge that information provided to the Client organization, including without limitation, personal name, address, telephone number and email, may be accessed and viewed by other members depending on the settings chosen by the Client organization.
1.4 End Users may also request event reminders, request or download event information, or request any other action regarding a calendar, in which case the End User's email address and other personal information provided in connection with such action may be provided to the publisher of such calendar. Hubbli.com shall not be responsible or liable for any third party access to calendars or for your or any third party's use of any calendars. Additional information regarding the Services may be found on the Site. In the event of any conflict between the information contained on the Site and in these Terms of Use, these Terms of Use shall govern.
1.5 End Users may register for Client organizations, pay registration fees and purchase products or promotional items from such Client organizations through the Site and utilizing the Services. Please note that in such event, Hubbli.com is acting only as a service provider to facilitate such transactions and is not responsible for the delivery of such products or services or for any services or events sponsored or offered by such Client Organizations. Each Client organization remains solely responsible for its registrations, events and other services, including without limitation, delivery of ordered products and refunds, if any. End Users should review the Client organization's policies and procedures regarding registration, purchase of products or other items and event registration, including such Client organization's refund policies, which policies and procedures may be found on the Client organization' home page on the Site. Hubbli.com shall in no event be obligated to refund any such amounts to End User. but End User understands and acknowledges that he or she must contact the applicable Client organization directly to request return permissions or refunds.
2. Eligibility
You must be a minimum age of 13 to register as a Hubbli Site Administrator and use the Service. By registering and using the Service you warrant that you are 13 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organization with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that whenever you contact users requesting them to confirm their username & password or other details.
3.4 The Services shall only be available upon registration and/or subscription to the Client Services or End-User Services and payment of any applicable subscription fees (the “Subscription Fees”). Once you have registered, including payment of the applicable Subscription Fees, you may start using the Service. Hubbli.com may establish limitations or other parameters restricting the number of or size of files, members, messages or events, etc. that any user may establish on the Services.
3.5 In consideration of your use of the Site or the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Profile Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Profile Data, and any other information you provide to Hubbli.com, to keep it accurate, current and complete; and (d) immediately notify Hubbli.com of any unauthorized use of your account or password or any other breach of security and accept all risks of unauthorized access to the Profile Data and any other information you provide to or through Hubbli.com.
4. Pricing, Plans and Features
4.1 For current pricing and plans please see the pricing page located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5. Payment and Credit Control
5.1 All services are billed in advance.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
5.4 If your method of payment is by monthly subscription, it is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
5.5 Where a credit, debit card payment or Paypal request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
6. Cancellation
6.1 You many cancel your account or accounts at any time.
6.2 After your specified warrantee period expires (see official quote) no refunds will be provided for remaining unused days under any subscription.
6.3 For 12-month accounts (where offered) a refund will not be offered.
7. Upgrading or Downgrading Accounts
7.1 Users have the ability to upgrade or downgrade their accounts and the services offered at any time.
7.2 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
7.3 Users should backup and download their data prior to requesting a downgrade in service.
7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.5 Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.
7.6 In the case of 12-month accounts (where offered) no partial refund will be offered.
7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8. Trial and Offer Periods
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Only one person or organization may use a single free or trial account, the account cannot be shared amongst multiple individuals or organizations.
8.3 These Terms and Conditions apply to all trial or offer period accounts.
9. Technical Support
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full techncial support service to free or trial account users.
10. Specific Service Rules
10.1 Client hubs may contain Interactive Areas, such as calendars, files, forums, message boards, messages services and chat rooms (the “Interactive Areas”), that enable Clients and End-Users to create, post, transmit or store calendar entries, emails, messages, text, images, photos, graphics, music, sound, video, data, information, or other materials, items or content on the Site (the “User Content”). Each Client and End-User is solely responsible for its use of such Services and Interactive Areas and the User Content and other End-Users should use such User Content at its own risk. Each End-User and Client agrees not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, each Client or End-User represents and warrants that it has the lawful right to distribute and reproduce such User Content;
- User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents an End-User's or Client's affiliation with a person or entity or the source of any email;
- Transmission of any email in violation of the CAN-SPAM Act or any other applicable anti-spam law, or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom Client or End-User has no preexisting relationship, or transmission of emails that are substantially unrelated to the Client organization's or End-User's information stored as part of the Client Services;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
- Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
- User Content that, in the sole judgment of Hubbli.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Hubbli.com, its Clients or its users to any harm or liability of any type.
10.2 If you use the Service or Interactive Areas or other portions of the Site in violation of the foregoing or otherwise violate these Terms, Hubbli.com may terminate or suspend your use of the Services, the Interactive Areas and/or the Site.
10.3 Hubbli.com takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by any Client, End-User or any third party, or for any loss or damage thereto, nor is Hubbli.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity any user may encounter. All use of the Services, including Interactive Areas, is at your own risk. As a provider of the Services, Hubbli.com is not liable for any statements, representations or User Content provided by its users in any public or private calendar, forum, or other areas of the Site, including Interactive Areas. Although Hubbli.com has no obligation to screen, edit or monitor any of the User Content, Hubbli.com reserves the right, and has absolute discretion, to screen and refuse to post or remove any calendar, calendar entry, event notice, message, file, posting, or other User Content posted or stored on the Site at any time and for any reason without notice, and all Clients and End-Users are solely responsible for creating backup copies of and replacing any calendars, calendar entries event notices, and other User Content it posted or stored on the Site at its sole cost and expense.
10.4 Clients may not use any personal information of any user or person collected through use of the Site and Services other than in connection with its administration of the Hub and the related organization without the user's express consent. Clients and End-Users will not use or provide personal information of any other user or person collected through the Site and Services in a way that is contrary to or in violation of our Privacy Policy without the express consent of the user.
10.5 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
10.6 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11. Content Ownership
11.1 As a user you retain all ownership rights to content provided by you.
11.2 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
12. Copyrighted Material
12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
13. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
14. Termination
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15. Access and Backups
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
15.2 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
16. Disclaimer
16.1 We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.
16.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
17. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
18. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
19. Privacy
Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
20. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
21. Waiver
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
22. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Ontario law and shall be subject to the exclusive jurisdiction of the Ontario Courts.
