By using the website www.laboomny.com (the “Site”), you automatically indicate your understanding and acceptance of the following terms and conditions (the “Agreement”):
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, or its content. You agree not to add to, subtract from, or otherwise modify the Site or any content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of any third party.
In order to use any service of Guest List (the “Service”) you have to open an account (the “Account”). You agree that registration for an Account and therefore the use of the Service are – if not explicitly agreed otherwise – subject to a subscription fee and additional terms and conditions.
Guest List explicitly agrees not to share any details of your uploaded data (e.g. details of the subscriber, names and contact details of any guests) (all such data together the “Guest Lists”) with any third party.
You agree that you will not use the Service to send any emails and/or text messages to unsolicited addresses/recipients. This includes any individual who has communicated that your emails and/or test messages are unwanted. You agree that all emails and text messages (send to your guests and to any third party) that are used in conjunction with the Service were obtained specifically for the purpose of receiving correspondence from you, and are being used with explicit permission for that purpose. Guest List is not responsible for the content of emails and text messages sent to guests and to any third party by using the Service. Guest List offers reasonable effort with respect to the delivery of your emails and text messages when using the Service. However, Guest List offers no guarantees to the deliverability of your emails and text messages. Guest List is not responsible for any actions of those who receive emails and/or text messages, issued by using the Service.
This Agreement is effective for an unlimited period unless and until earlier terminated as set forth herein. Guest List may terminate this Agreement with immediate effect if you fail to comply with any of the terms and conditions described in this Agreement.
The Site and its content including the brand and the Service are protected by the respective copyright laws, and belong to Guest List.
Monitoring, Information Collection and Data Usage
All actions performed while using the Service and the Site are subject to monitoring and recording by Guest List. The information collected by said monitoring may be used for any legal purposes defined in this Agreement, including, but not limited to, providing cooperation with law enforcement authorities and for Guest List’s marketing and sales activities. All user sessions, emails and text messages sent may be recorded and logged with the respective Account information, IP addresses and time/day stamps. Guest List will not share your data (e.g. Guest Lists, log in information etc.) with any third party. Any collected data will be used to control the general usage of the Service and to improve the quality of Service (e.g. pricing, features) and for further marketing and sales activities.
Uploaded Data and Intellectual Property and Rights
You understand and agree that any content and data (including, but not limited any Guest Lists), which you upload, store, use, and transmit by using the Service is owned or fully legally licensed to you, and is non-confidential in nature to any party.
You agree and understand that Guest List reserves complete title and intellectual property rights in the Service and the Site and in all information, writings, images and other works that you use, see, hear or otherwise experience on the Site and/or when using the Service.
Right of Admission
The venue and event organizer reserve the right of admission. At their discretion they may refuse entry to individuals for reasons presented but not limited to:
- Failure to present valid Government ID and Original Credit Card used to purchase tickets
- Failure to arrive on time when the event begins
- Overly intoxicated
- Being a danger to themselves and/or others
- Generally acting in an unlawful manner
- Violations of dress code
Account – Subscription – Payments – Service Access
By opening an Account (registering for a username/password), subscribing for the Service, and paying a service fee (the “Service Fee”) you are allowed to use the respective Service for a certain period of time. In case of payment by credit card, a third party credit card service provider is handling the payment process. The Service Fee will be charged in USD (United States Dollars). “Guest List” will appear on your credit card statement. At the time of checkout, Guest List will obtain an authorization from the credit card you have provided. Once Guest List receives the credit card authorization, Guest List will grant you access to the Service. Access to the Service will generally be granted after receipt of the Service Fee on our account.
If you have any questions about payments, charging and Service Fee, please contact us directly at email@example.com. If you dispute any charges on your card without speaking to us first, your Account might be suspended and all data (including Guest Lists) may be deleted with immediate effect.
Guest List reserves the right to charge and/or increase the Service Fee for access to the Service at any time. However, in no event will you be charged for access to the Service unless Guest List obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred.
Guest List shall not be liable whatsoever for any damages incurred by or in connection with such add-on Services subject to the terms of this Agreement. You are aware that Guest List may use third parties in order to provide the respective add-on Services.
Pricing (Service Fee) – Services
Once you have paid the Service Fee, Guest List will grant you access to the Service.
Manual alteration between Service plans is not available. Users that wish to downgrade Service plans must wait until their current subscription expires.
SMS/Text messaging is an add on service and must be purchased separately from the Service Fee. SMS/Text credits do not expire as long as your account is active. SMS/Text messages are sent using a third party.
Guest List does not guarantee the delivery of any sent text message.
Guest List does not provide a cancellation period for any subscription or credit services. Accordingly your purchase cannot be cancelled once paid and will not be refunded if not used. However, if you believe that Guest List has charged you in error, you must contact us within 10 days of such charge. No refunds will be given for any charges more than 10 days old. Guest List reserves the right to refuse refund requests, if you are in breach of these terms and conditions under this Agreement. This refund policy does not affect your statutory rights.
You represent and warrant that the owners of the phone numbers you initiate messages to through the Guest List services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages to any individuals after they request DNC status.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the Guest List Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the Guest List Services by visiting the following websites:
- Federal Trade Commission, http://www.ftc.gov
- Federal Communications Commission, http://www.fcc.gov
- DoNotCall Registry Info, http://www.donotcall.gov
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and SMS or MMS messages. Guest List is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the Guest List Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages.
You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the Guest List Sites or Services.
You accept that the Services are provided for professional use only, and you agree that your use of the Guest List Sites or Services shall not include:
- Sending unsolicited marketing messages (i.e. spam);
- Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services;
- Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services;
- Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
- Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting information about others, without their consent;
- Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you;
- Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
- Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
- Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Interfering with another’s use and enjoyment of the Services or Guest List Sites; or
- Engaging in any other activity that Guest List believes could subject it to criminal liability or civil penalty/judgment.
You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that Guest List is, under no circumstances, responsible for the contents and/or accuracy of your messages and Guest List will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You are solely responsible for providing the content of all messages initiated by you through the Services. Guest List will not be liable for any misuse of the Services by you. Guest List is not responsible for the views and opinions contained in any of your messages or broadcasts.
Active and Inactive Account, Renew of Service, Termination
Once the status of the Account is inactive, you do not have access to any of your data, e.g. Guest Lists. Guest List may permanently delete any inactive Accounts and any thereto related data (incl. Guest Lists) at any time at their sole discretion.
The early termination of the Service before the end of the respective subscription period by you is not available. Further, in the event that your Account is cancelled for violation of the terms and policies as stated in this Agreement, you will not be refunded.
Guest List shall have no liability whatsoever to you or any third party due to said deletion of data and any cancellation and/or termination. You understand that, after the termination and deletion of the data in accordance with the aforesaid, none of your data will be recoverable.
Guest List does not provide any web hosting services. The Site, its database and the Service are hosted by a third party web host provider (i.e. Linux Distribution). Guest List shall not be liable whatsoever for any damages incurred by or in connection with the third party web host provider.
Disclaimer of Warranties
GUEST LIST MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT. GUEST LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GUEST LIST DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. GUEST LIST DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. GUEST LIST DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE ONLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
BECAUSE THE APPLICABLE LAW MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH CASE, GUEST LIST’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 (ONE HUNDRED US DOLLARS) IN TOTAL.
You understand and agree that you are personally responsible for your behavior on the Site and your use of the Service. You agree to indemnify, defend and hold harmless Guest List, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site and the Service, or any violation by you of this Agreement.
If you open an Account and subscribe for the Service that Guest List provides through the Site, you are responsible for maintaining the confidentiality of your identification (username) and password information, and for restricting access to your computer (including any telephone devices). You agree to accept responsibility for all activities that occur under your identification and password.
No Rights or License
You are granted no rights or license to any software by this Agreement. You understand and agree not to, directly, or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, remove any notices, labels or advertisement from the Site and the system. You also agree not to modify, translate, or create derivative works based on any aspect of the Site, the Service and the system. You understand that you have no rights to copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site, the Service and the system or any of its components.
Links to Third Party Web Sites / Linking to this Site
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Guest List of the third party, the third party web site, or the information contained therein. Guest List is not responsible for the availability of any such web sites. Guest List is not responsible or liable for any such web site or the content thereon. If you would like to link to the Site, you must follow the following guidelines: Unless specifically authorized by Guest List, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page, and you may not mirror or frame the home page.
The following statement explains our policy regarding the personal information we collect about you. From time to time, you will be asked to submit personal information about yourself in order to receive or use the Service on our Site. By entering your details in the fields requested, you enable Guest List to provide you with the Service. Guest List takes your privacy very seriously. Guest List does not sell or rent your contact information to other people. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for law enforcement, or other issues of public importance, disclosure is necessary. You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
From time-to-time, Guest List may also engage third parties to track and analyze usage and volume statistical information from individuals who visit Guest List’s websites.
Entire Agreement / No Waiver / Assignment
These terms and conditions constitute the entire Agreement of the parties with respect to the use of the Site. However, for the use of the Service, the terms and conditions might be amended. The amended terms and conditions will constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Guest List of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Guest List is entitled to assign this Agreement (including the Service) to any third party at any time without any prior notification and/or consent.
Correction of Errors and Inaccuracies
The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. Guest List therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. Guest List does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Changes to this Terms and Conditions
Guest List may change this terms and conditions from time to time. If we change this terms and conditions at some point in the future, Guest List will post the changes on the Site and by continuing to use the Site and the Service after Guest List has posted any changes, you accept and agree to the new terms and conditions, as modified.
Of course, the use of information gathered while the current terms and conditions – especially the current privacy statement – are in effect will always be consistent with the current terms and conditions and the privacy statement, even if we change e.g. the privacy statement later.
Enforcement / Governing Law / Place of Jurisdiction
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
Any and all disputes relating to this Agreement, your use of the Site, the Service, or the content are governed by, and will be interpreted in accordance with, the state laws of New York.