Haya

Introduction

This application (the "Application") is provided by Haya Group Ltd ("we," "us," or "our") and is intended for use as a tool to create, manage and promote events. These terms and conditions ("Terms") govern your use of the Application and any related services provided by us. By using the Application, you agree to be bound by these Terms.

Eligibility

You must be at least 18 years of age to use the Application. By using the Application, you represent and warrant that you meet this age requirement and that you have the right, authority and capacity to enter into and abide by these Terms.

Use of the Application

You may use the Application solely for lawful purposes and in accordance with these Terms. You agree not to use the Application:

In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.

Proprietary Rights

The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

User Content

You are responsible for your use of the Application and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.

By submitting, posting or displaying content on or through the Application, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).

User Conduct

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Application in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Application; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Application; (vii) collecting or harvesting any personally identifiable information, including account names, from the Application; (viii) using the Application for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities.

Termination of Use

We may, in our sole discretion, at any time terminate or suspend all or a portion of your access to the Application without notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Application (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Application. Termination of your access to the Application may also include removal of some or all of the content submitted by you.

Disclaimer of Warranties

The Application is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Application or the information, content, materials, or products included on the Application. You expressly agree that your use of the Application is at your sole risk.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, agents, and third-party partners from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms.

Governing Law

These Terms and your use of the Application will be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Limitation of Liability

In no event shall the Company, its directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Application, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Application by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Application, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or terms published by us on the Application, shall constitute the entire agreement between you and the Company concerning the Application.

Waiver and Severability

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

Acknowledgment

By using the Application, you acknowledge that you have read these terms of service and understand and agree to be bound by them.

Event Creation and Promotion

You are responsible for creating and promoting events that are legal and comply with all applicable laws and regulations. Any events created on the Application must not be discriminatory, offensive, or promote illegal activities. We reserve the right to remove any events that violate these terms or any applicable laws.

Event Management

You are responsible for managing the events created on the Application. This includes but is not limited to handling ticket sales, providing accurate event information, and ensuring the safety and well-being of attendees.

Event Cancellation and Refunds

You are responsible for canceling events and issuing refunds to attendees if necessary. We are not responsible for any financial loss or damages incurred by you or attendees as a result of canceled events or refunds.

Event Attendee Information

You are responsible for obtaining consent from attendees for the collection and use of their personal information. You must comply with all applicable laws and regulations regarding the collection and use of personal information.

Event Liability

You are responsible for ensuring that all events are run safely and that attendees are not exposed to unnecessary risks. You are liable for any damages or injuries incurred by attendees as a result of your negligence or failure to comply with applicable laws and regulations.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for compliance with all applicable laws and regulations.

Event Insurance

You are responsible for obtaining the necessary insurance coverage for your events such as liability insurance and event cancellation insurance. We are not liable for any financial loss or damages incurred by you or attendees as a result of uninsured events.

Event Compliance with Local Laws

You are responsible for obtaining any necessary permits and licenses required by local laws and regulations for your events. You must comply with all local laws, regulations and codes that apply to your events, such as zoning, fire safety, and health codes.

Event Compliance with Venue Regulations

You are responsible for obtaining the necessary approvals and permits from the venue where your event is to be held. You must comply with all regulations and requirements of the venue, including but not limited to, capacity limits, noise levels, and parking restrictions.

Event Promotion and Advertising

You are responsible for promoting your events and ensuring that all advertising and promotional materials comply with applicable laws and regulations. You must not engage in any false or misleading advertising or promotion.

Event Feedback and Reviews

You agree to receive feedback and reviews from event attendees and understand that these reviews may be shared publicly on the Application or other platforms. You must not engage in any retaliatory or negative behavior towards reviewers.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for compliance with all applicable laws and regulations, as well as the rules and regulations of the venues where your events are held.

Event Attendee Conduct

You are responsible for enforcing a code of conduct for event attendees and taking appropriate action if any attendee violates the code of conduct. This includes but is not limited to, ejecting or banning disruptive attendees and reporting any illegal or dangerous behavior to the relevant authorities.

Event Content and Intellectual Property

You are responsible for ensuring that all content and materials used in connection with your events, such as images, videos, and text, do not infringe on any intellectual property rights of others. We are not liable for any infringement of intellectual property rights that occurs as a result of your use of the Application.

Event Accessibility

You are responsible for ensuring that your events are accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and other applicable laws.

Event Attendee Safety

You are responsible for providing a safe environment for event attendees. This includes having adequate security measures in place and having emergency evacuation procedures in place.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for ensuring that your events are safe, accessible, and compliant with all applicable laws and regulations.

Event Ticket Sales

You are responsible for handling ticket sales for your events. You must comply with all applicable laws and regulations regarding ticket sales, including but not limited to, the use of authorized ticket sellers, pricing, and refund policies.

Event Livestreaming

If you plan to live stream your events, you are responsible for obtaining any necessary permissions and complying with all applicable laws and regulations. This includes but is not limited to, obtaining consent from performers and attendees, and ensuring that no copyrighted material is used without permission.

Event Sponsorships and Partnerships

You are responsible for obtaining any necessary approvals and complying with all applicable laws and regulations regarding sponsorships and partnerships for your events.

Event Compliance with Sanitary and Health Regulations

You are responsible for complying with all sanitary and health regulations for your events, including but not limited to, providing adequate sanitation facilities, and ensuring that food and drinks are prepared and served in accordance with all health codes and regulations.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for ensuring compliance with all applicable laws and regulations regarding ticket sales, livestreaming, sponsorships and partnerships, and sanitary and health regulations.

Event Insurance

You are responsible for obtaining the necessary insurance coverage for your events such as liability insurance, event cancellation insurance and insurance for loss or damage of equipment. We are not liable for any financial loss or damages incurred by you or attendees as a result of uninsured events.

Event Compliance with GDPR and other data protection laws

You are responsible for complying with the General Data Protection Regulation (GDPR) and other data protection laws when collecting, storing and processing personal data from event attendees. This includes obtaining consent for the collection and use of personal data, and ensuring that the data is securely stored and protected from unauthorized access.

Event Compliance with Marketing Laws

You are responsible for complying with all laws and regulations regarding marketing and promotions for your events, including but not limited to, the use of email, phone and SMS marketing. This includes obtaining consent for the use of personal data for marketing purposes and ensuring that all marketing materials are compliant with the CAN-SPAM Act and other marketing laws.

Event Compliance with Payment Processing Regulations

You are responsible for complying with all laws and regulations regarding payment processing for your events, including but not limited to, the Payment Card Industry Data Security Standards (PCI-DSS). This includes ensuring that all payment transactions are secure, and that all sensitive payment information is properly protected and stored.

Event Compliance with Health and Safety Regulations

You are responsible for complying with all health and safety regulations for your events, including but not limited to, providing adequate crowd management, emergency evacuation plans, and first aid facilities.

Event Compliance with Environmental Regulations

You are responsible for complying with all environmental regulations for your events, including but not limited to, proper waste management, and ensuring that the event does not cause any harm to the environment.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for ensuring compliance with all applicable laws and regulations regarding payment processing, health and safety, and environmental regulations.

Event Compliance with Alcohol Service Regulations

You are responsible for complying with all laws and regulations regarding the service of alcohol at your events. This includes ensuring that all attendees are of legal drinking age, and that all alcohol service is done in accordance with local and state laws and regulations.

Event Compliance with Fire Safety Regulations

You are responsible for complying with all fire safety regulations for your events, including but not limited to, providing adequate fire exits and emergency evacuation plans, and ensuring that all equipment and materials used at the event meet fire safety standards.

Event Compliance with Transportation Regulations

You are responsible for complying with all transportation regulations for your events, including but not limited to, providing adequate parking and transportation arrangements, and ensuring that all transportation providers used for the event meet safety and regulatory standards.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for ensuring compliance with all applicable laws and regulations regarding alcohol service, fire safety, and transportation regulations.

Event Compliance with Insurance requirements

You are responsible for obtaining all necessary insurance policies required by the venues or authorities such as liability insurance and event cancellation insurance.

Event Compliance with Laws and regulations

You are responsible for complying with all laws and regulations that applies to your event and to your industry. This includes but not limited to, copyright laws, labor laws, taxes, and health and safety regulations.

By using the Application to create and promote events, you agree to these terms and conditions and understand that you are fully responsible for ensuring compliance with all laws and regulations that apply to your event and to your industry.

Compliance with these Terms

Your use of the Application and any related services provided by us is subject to these Terms. We reserve the right to take appropriate action, including termination of your use of the Application, if you violate these Terms.

If you have any questions about these Terms or the Application, please contact us at contact@thehaya.app.

By using this Application, you acknowledge that you have read and understand these Terms and Conditions, and agree to be bound by them.

Legals