The Legal Stuff

Last Revised: January 6, 2014

haku App Corporation, Inc. (“haku”) makes it simple to organize, execute, market and register for endurance events by empowering organizers with free, state-of-the-art tools to plan their events, track their progress, engage their participants, and meet their goals. Additionally, haku makes the registration process fast and easy for participants. The following pages contain our Terms of Service, which govern all use of our Services.

1. ACCEPTANCE OF TERMS.

1.1 Overview.

The following terms and conditions of use (this “TOS”) govern all use by you as an Organizer (as defined below) of (a) the haku website, domain, platform software, data feeds, analytic tools, email and text messaging services, and mobile application (including all webpages, subdomains, platforms and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by haku for your events, and (c) all Software (as defined below) (collectively, the “Services”). The Services, and any data of any kind collected through the Services, are owned and operated by haku. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by haku. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY HAKU. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF HAKU, OR (II) BY HAKU AS PROVIDED IN SECTION 1.2 BELOW.

1.2 Modification.

haku reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

1.3 Language.

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. DESCRIPTION OF HAKU.

haku provides a simple and quick means for registered users who are event organizers and planners (“Organizers” or “you”) to collect payments with respect to the sale of registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site, including Service Fees (as defined below) (“Event Registration Fees”), from users who want to attend such events (“Buyers”). Organizers may visit the Site, fill out a questionnaire, or otherwise transmit to haku information about their event, including pricing, location, inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through Stripe.com or other third party payment service methods (“Third Party Payment Service”).  As such, Organizers become a customer of Stripe.com and agree to the company's terms of service.  For more information, please see www.stripe.com. To facilitate the transfer of such payments, Organizer agrees to provide haku with all necessary banking information.  Organizer is aware that during the payment process, as described herein, haku has access to the credit card, debit card, or other payment information of Buyers.  This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor (“non-Organizer”), please see www.hakusports.com.

3. YOUR USE OF THE SERVICES.

3.1 The Services.

haku hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event with respect to, and promoting, managing, tracking, analyzing data, and collecting Event Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Event Registration Fees through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, haku hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by haku in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by haku, including without limitation haku's social media integration services, data analysis capabilities, and mobile application. For clarity, the Software will be deemed a part of the “Services” hereunder.

The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.

4. PAYMENT METHODS.

4.1 Overview.

The method of payment processing consists of collecting Event Registration Fees using Third Party Payment Services.  Monetary payments will be made to the Organizer directly by Buyers via the Third Party Payment Service on a periodic basis, often determined to be every seven days.

4.2 Facilitated Payment Processing.

(a) Independent Relationship.

When using a Third Party Payment Service, Organizers and Buyers effect the applicable monetary payment transaction through the Third Party Payment Service and are bound by the applicable terms of use governing the Third Party Payment Service.

(b) Services Fees.

Organizers will collect all monies directly from Buyers. By registering for and using haku to collect Event Registration Fees, you agree that the Third Party Payment Service can pay directly to haku all then-applicable fees, which are based on the number of registrations sold by you and/or the value of such registrations, as previously communicated by you to haku, and includes all additional on-site service fees, equipment lease charges, printed registration fees, and any other fees and charges of any kind payable by you to haku in connection with the provision of the Services (collectively, “Service Fees”), which payments shall be due and payable upon registration by each individual Buyer.  Organizer also accepts the responsibility for providing any and all refunds to Buyers at its own discretion. haku under no circumstance will refund the Service Fees it receives per registration to the Organizer.  haku will not be responsible or liable for, and Organizer hereby agrees to fully indemnify haku and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Services.  Notwithstanding the foregoing, you acknowledge and agree that haku shall have the right to force a refund of any or all registrations at any time for any reason or no reason, including without limitation if haku receives complaints from a substantial number (as determined by haku in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or haku determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations.

4.3 Non-Exclusive Remedies.

(a) Payment.

In the event that Organizer fails to pay to haku any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to haku under this TOS or otherwise, haku may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer's outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer's outstanding balance is insufficient to cover these costs, in which case Organizer shall pay haku such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to haku hereunder are not made by Organizer when due, haku reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer's registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.

(b) Confirmation.

Upon receipt of payment from each individual registration purchase, haku generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all registration commitments that have been confirmed by haku through the Services, and it is your responsibility to verify the Buyer's membership status, confirmation number and/or any event restrictions prior to the subject event.

(c) Taxes; Withholding.

(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if haku provides you with tools that assist you in doing so. haku does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. haku cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires haku to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse haku for such Taxes and all costs and expenses related thereto.

(ii) All Service Fees charged by haku do not include any Taxes, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on haku's net income) to haku.

(iii) In addition, due to new IRS regulations, if haku processes transactions and issues you payouts (A) for more than $20,000 in gross sales and (B) for more than 200 order transactions, in each case during a given calendar year and in the aggregate across all of your accounts, haku is required to report to the IRS the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year, as well as, your name, your address, and your Tax Identification Number (“Your Tax Information”). As part of these new IRS regulations, haku is required to either (I) collect Your Tax Information or (II) establish that you are a foreign person not subject to US taxes, before your accounts pass the 200 order transaction threshold in the aggregate. Once your accounts cross the 200 order transaction threshold, you agree that you will not receive any further payments from haku until either (I) or (II) above are satisfied.

(iv) haku reserves the right to withhold the payment of any amounts owed to you hereunder if haku suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or if haku is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by haku).

5. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Services as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or haku has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, haku has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). haku is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

6. ACCOUNT, PASSWORD AND SECURITY.

As part of the Site registration process, you have the option of either signing up using your Facebook account or by creating a personal username, password and account. You are responsible for maintaining the confidentiality of your username, password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify haku of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. haku cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that haku shall be the sole arbiter of such dispute in its sole discretion and that haku's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

7. CONTENT.

7.1 Site Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by haku in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. haku may own the Site Content or portions of the Site Content may be made available to haku through arrangements with third parties. Except as expressly authorized by haku in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of haku. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to haku a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights, including intellectual property rights, of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful.  You agree to indemnify haku against any third party action for your violation of the terms included herein. haku reserves the right to remove any of Your Content from the Site at any time if haku believes in its sole discretion that it does not comply with this TOS. In addition, you agree that haku may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of haku both on the Site and in marketing and promotional materials.

7.3 DMCA.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to: info@hakusports.com.

8. CONDUCT.

8.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • target or harm minors in any way;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies with the law;
  • impersonate any person or entity, including, but not limited to, an haku representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by haku;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of registrations (including without limitation with respect to licensure requirements, maximums or limits on registration prices, etc.);
  • use an inappropriate member name of any kind;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • stalk or otherwise harass any person or entity; or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

8.2 Certain Remedial Rights.

You acknowledge that haku does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that haku and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that haku may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of haku, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

9. LINKS; THIRD PARTY SERVICES; PROMOTIONAL MESSAGES

As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against haku with respect to such sites.

haku and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. haku makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither haku nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from haku such as newsletters, content, messages, text messages, and announcements, and that these communications are considered part of your access of haku and its Services and that you may not be able to opt out of receiving such communications in every instance.

10. SUB-DOMAINS.

haku may provide you with the right to use a sub-domain within the Site (e.g., hakusports.com/events/sub-domain name/). All such sub-domains are the sole property of haku. In the event haku provides you with a sub-domain, your right to use such sub-domain may be terminated by haku at any time (with or without notice) for any reason or no reason.

11. Organizer Referral Program.

haku will pay a referral fee to Organizers that designate haku as a public sponsor of the event and include haku's logos in its event promotion materials, subject to the following terms and conditions: (a) Prior to an Organizer's initial use of the Services, the Organizer contacts haku and execute the referral program documents.  Such documents shall be incorporated herein by reference and shall constitute a part of this TOS.   The referral must be properly registered with haku when the Organizer initially sets up its account and the Organizer must fully comply with all sponsorship requirements with respect thereto (as determined by haku in its sole discretion).  (b) haku will pay the Organizer an agreed upon percentage, as specified in a separate agreement, of the haku Service Fees for that specific event, which may vary based on haku's agreement with the Organizer and does not include additional amounts such as taxes, royalties, credit card processing and other Service Fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) actually paid to Organizer via the Services. The referral fee will be paid to Organizer within a reasonable time following the completion of the event.  (c) haku reserves the right to change, modify or terminate this Organizer referral program and/or its terms at any time in its sole discretion. haku reserves the right to determine what, if any, amounts are properly due Organizer hereunder in its sole discretion.

12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

13. ADDITIONAL SERVICES.

haku may, upon request, and for such fees as haku may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing ticket scanning and other equipment, providing consultants and staffers to assist you on the date of your event, providing access to event related financial statements, providing data analysis software, providing dedicated account management services, providing social media management tools, and providing access to event management tools.  All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services may be set forth in a written Addendum Agreement to this TOS, lease term agreement, and/or other written agreement between you and an authorized officer of haku, and shall set forth the Service Fees and the other terms and conditions relating to such additional services, and such documents shall be incorporated by reference into this TOS and considered a part therein.

Organizer agrees and accepts that such services are provided on an “as is” and “as available” basis. haku hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose, accuracy of data and financial figures, and any other defect associated with the additional services.

14. INDEMNITY.

You agree to defend, indemnify and hold haku, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with any of the Services, including the transmission of emails, SMS messages, other messages, other communications with third parties, including Buyers and other non-Organizers, or violation of any rights of another; your event(s); and/or your violation of this TOS.  haku shall provide notice to you of any such Claim, provided that the failure or delay by haku in providing such notice shall not limit your obligations hereunder. haku reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting haku's defense of such matter.

15. SERVICE MODIFICATIONS/SUSPENSIONS.

haku reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. haku will not be responsible to you for a refund, in whole or part, of Service Fees for any reason.  You agree that haku shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

16. TERMINATION.

haku, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due haku, or if haku believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that haku may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that haku shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

17. LINKS.

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because haku has no control over such websites and resources, you acknowledge and agree that haku is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that haku shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

18. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAKU HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HAKU MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. HAKU IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND HAKU WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT HAKU HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, HAKU IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE, AND HAKU HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to haku. haku, in its sole discretion, may investigate the claim and take necessary action.

19. LIMITATION OF LIABILITY.

HAKU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND HAKU'S REASONABLE CONTROL. HAKU SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

20. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE HAKU, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

21. PRIVACY.

All information provided by you or collected by haku in connection with the Services is governed by haku's Privacy Policy, a copy of which is located at www.hakusports.com, which is hereby incorporated by reference into this TOS. haku strongly recommends that you review the Privacy Policy closely. In particular, Organizers should note that haku may use information it receives or collects regarding Buyers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Buyers. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. haku shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. haku does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

22. NOTICE.

Notices to you may be made via either email or regular mail to the address in haku ‘s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at haku, 261 NE 1st St. 5th Floor, Miami 33132 Attn: Account Manager.

23. Intellectual Property.

23.1 haku Trademarks.

The trademarks, service marks, and logos of haku (the ” haku Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of haku. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with haku Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of haku specific for each such use. The Trademarks may not be used to disparage haku, any third party or haku ‘s or third party's products or services, or in any manner (in haku ‘s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless haku approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any haku Trademark shall inure to haku's benefit.

23.2 haku Copyrights.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly)(the “haku Copyrights”), are the property of haku or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that haku Copyrights presented to you through the Site or by any third party advertisers are protected by all relevant proprietary rights and laws. Except as expressly authorized by haku or such third party advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, services, products or software, in whole or in part.

24. GENERAL.

24.1 Entire Agreement.

This TOS constitutes the entire agreement between you and haku and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and haku on the subject matter hereof, other than any written agreement between you and an authorized officer of haku relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.

24.2 Applicable Law; Consent to Jurisdiction.

This TOS and the provision of the Services to you are governed by the laws of the state of Florida.  You agree that exclusive jurisdiction for any dispute with haku, or in any way relating to your membership or use of haku, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any dispute including any claim involving Florida or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

24.3 Arbitration.

Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami-Dade County in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and haku agree to submit to the personal jurisdiction of the courts located within the county of Miami-Dade, Florida. Either you or haku may seek any interim or preliminary relief from a court of competent jurisdiction in Miami-Dade County, Florida, necessary to protect the rights or property of you or haku (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

24.4 Waiver; Invalid Provisions.

The failure or delay of haku to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

24.5 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

24.6 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

24.7 Violations.

Please report any violations of this TOS by email to info@hakusports.com.

Last Revised: January 6, 2014

haku App Corporation, Inc. (“haku”) makes it simple to organize, execute, market and register for endurance events by empowering organizers with free, state-of-the-art tools to plan their events, track their progress, engage their participants, and meet their goals. Additionally, haku makes the registration process fast and easy for participants. The following pages contain our Terms of Service, which govern all use of our Services.

1. ACCEPTANCE OF TERMS.

1.1 Overview.

The following terms and conditions of use (this “TOS”) govern all use by you as a Buyer (as defined below) or other non-Organizer (as defined below), user or visitor of (a) the haku website, domain, platform software, data feeds, analytic tools, email and text messaging services, and mobile application (including all webpages, subdomains, platforms and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by haku in connection with the events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services, and any data of any kind collected through the Services, are owned and operated by haku. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by haku. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY HAKU. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.

1.2 Modification.

haku reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

1.3 Language.

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. DESCRIPTION OF HAKU.

haku provides a simple and quick means for registered users who are event organizers and planners (“Organizers”) to collect payments with respect to the sale of registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site, including Service Fees (as defined below) (“Event Registration Fees”), from users who want to attend such events (“Buyers” or “you”). Organizers may visit the Site, fill out a questionnaire, or otherwise transmit to haku information about their event, including pricing, location, inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through Stripe.com or other third party payment service methods (“Third Party Payment Service”).  As such, Organizers become a customer of Stripe.com and agree to the company's terms of service.  For more information, please see www.stripe.com. To facilitate the transfer of such payments, Organizer agree to provide haku with an Automatic Clearing House (ACH) agreement with all necessary banking information.  During the payment process, as described herein, haku has access to the credit card, debit card, or other payment information of Buyers and/or other non-Organizers.  This TOS applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor of the Services (“non-Organizer” or “you”). For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor, please see www.hakusports.com.

3. YOUR USE OF THE SERVICES.

3.1 The Services.

haku hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, haku hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by haku in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by haku, including without limitation haku's social media integration services, data analysis capabilities, and mobile application. For clarity, the Software will be deemed a part of the “Services” hereunder.

The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.

4. PAYMENT

4.1 Independent Relationship.

When using a Third Party Payment Service, Organizers and Buyers effect the applicable monetary payment transaction through the Third Party Payment Service and are bound by the applicable terms of use governing the Third Party Payment Service.

4.2 Refunds.

haku will not be responsible to you for a refund, in whole or part, for any reason, for any fees whatsoever, including Event Registration Fees. It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise.  If a Buyer desires to request a refund, Buyer must request a refund directly to and from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer, and haku shall not be responsible or liable for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding refunds are between the Organizer and Buyer, and haku shall not be responsible or liable in any way for refunds in connection with a Buyer's use of the Services .  If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly.

5. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or haku has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, haku has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). haku is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

6. ACCOUNT, PASSWORD AND SECURITY.

As part of the Site registration process, you have the option of either signing up using your Facebook account or by creating a personal username, password and account. You are responsible for maintaining the confidentiality of your username, password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify haku of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. haku cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that haku shall be the sole arbiter of such dispute in its sole discretion and that haku's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

7. CONTENT.

7.1 Site Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by haku in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. haku may own the Site Content or portions of the Site Content may be made available to haku through arrangements with third parties. Except as expressly authorized by haku in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of haku. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to haku a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights, including intellectual property rights, of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful.  You agree to indemnify haku against any third party action for your violation of the terms included herein. haku reserves the right to remove any of Your Content from the Site at any time if haku believes in its sole discretion that it does not comply with this TOS. In addition, you agree that haku may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of haku both on the Site and in marketing and promotional materials.

7.3 DMCA.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (seehttp://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to: info@hakusports.com.

8. CONDUCT.

8.1 Certain Restrictions.

Whether you are using the Services as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Buyers, other non-Organizers and other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • target or harm minors in any way;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies with the law;
  • impersonate any person or entity, including, but not limited to, an haku representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by haku;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of registrations (including without limitation with respect to licensure requirements, maximums or limits on registration prices, etc.);
  • use an inappropriate member name of any kind;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • stalk or otherwise harass any person or entity; or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

8.2 Certain Remedial Rights.

Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that haku does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that haku and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that haku may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of haku, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

9. LINKS; THIRD PARTY SERVICES; PROMOTIONAL MESSAGES

As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against haku with respect to such sites.

haku and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. haku makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither haku nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from haku such as newsletters, content, messages, text messages, and announcements, and that these communications are considered part of your access of haku and its Services and that you may not be able to opt out of receiving such communications in every instance.

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

11. INDEMNITY.

You agree to defend, indemnify and hold haku, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS and/or your violation of any rights of another.  haku shall provide notice to you of any such Claim, provided that the failure or delay by haku in providing such notice shall not limit your obligations hereunder. haku reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting haku's defense of such matter.

12. SERVICE MODIFICATIONS/SUSPENSIONS.

haku reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. haku will not be responsible to you for a refund, in whole or part, of Service Fees for any reason.  You agree that haku shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

13. TERMINATION.

haku, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due haku, or if haku believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that haku may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that haku shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

14. LINKS.

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because haku has no control over such websites and resources, you acknowledge and agree that haku is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that haku shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

15. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAKU HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. HAKU MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASE OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES OR THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. HAKU IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND HAKU WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT HAKU HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to haku. haku, in its sole discretion, may investigate the claim and take necessary action.

16. LIMITATION OF LIABILITY.

HAKU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND HAKU'S REASONABLE CONTROL. HAKU SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, HAKU IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND HAKU HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM OR OMISSION OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE HAKU, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

18. PRIVACY.

All information provided by you or collected by haku in connection with the Services is governed by haku's Privacy Policy, a copy of which is located at www.hakusports.com, which is hereby incorporated by reference into this TOS. haku strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. haku shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. haku does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

19. NOTICE.

Notices to you may be made via either email or regular mail to the address in haku ‘s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at haku, 261 NE 1st St. 5th Floor, Miami 33132 Attn: Account Manager.

20. INTELLECTUAL PROPERTY.

20.1 haku Trademarks.

The trademarks, service marks, and logos of haku (the ” haku Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of haku. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with haku Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of haku specific for each such use. The Trademarks may not be used to disparage haku, any third party or haku ‘s or third party's products or services, or in any manner (in haku ‘s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless haku approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any haku Trademark shall inure to haku's benefit.

20.2 haku Copyrights.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly)(the “haku Copyrights”), are the property of haku or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that haku Copyrights presented to you through the Site or by any third party advertisers are protected by all relevant proprietary rights and laws. Except as expressly authorized by haku or such third party advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, services, products or software, in whole or in part.

21. GENERAL.

21.1 Entire Agreement.

This TOS constitutes the entire agreement between you and haku and governs your use of the Services as a Buyer or other non-Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and haku on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.

21.2 Applicable Law; Consent to Jurisdiction.

This TOS and the provision of the Services to you are governed by the laws of the state of Florida.  You agree that exclusive jurisdiction for any dispute with haku, or in any way relating to your membership or use of haku, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any dispute including any claim involving Florida or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

21.3 Arbitration.

Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami-Dade County in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and haku agree to submit to the personal jurisdiction of the courts located within the county of Miami-Dade, Florida. Either you or haku may seek any interim or preliminary relief from a court of competent jurisdiction in Miami-Dade County, Florida, necessary to protect the rights or property of you or haku (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

21.4 Waiver; Invalid Provisions.

The failure or delay of haku to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

21.5 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

21.6 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

21.7 Violations.

Please report any violations of this TOS by email to info@hakusports.com.

Last updated: January 6, 2014

Our Policy:

This Privacy Policy sets forth our policy with respect to information, including personally identifiable information (“Personal Data”), that is collected from users of and/or visitors to the Services (including through those users' and visitors' agents) (“you” or “your”), including (i) registered users who are event organizers, planners and charitable organizations (“Organizers”), (ii) users who want to purchase tickets to, register for or donate to events (whether free or paid) listed by Organizers on the Services (“Buyers”), and (iii) other non-Organizer users or visitors to the Services (“other non-Organizers”).  Any terms not defined herein shall have the meanings set forth in the Terms of Service.

We take the privacy of your Personal Data and other information seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.

If you have any questions or concerns, please do not hesitate to contact us at info@hakusports.com.

CONSENT:

By using the Services or allowing someone to use the Services on your behalf, you are consenting to our collection, use, disclosure, transfer and storage in accordance with this Privacy Policy of any Personal Data or other information received by us as a result of such use.

Information We Collect:

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

1. Personal Data:

Organizers: We collect Personal Data from you when you voluntarily provide such information to the Services, such as when you register for access to the Services as an Organizer, contact us with inquiries, respond to one of our surveys or use certain Services. The Personal Data we may collect includes without limitation your name, address, email address and other personally identifiable information. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).

Buyers and other non-Organizers: We collect Personal Data from you when you voluntarily provide such information to the Services (including event registration pages within the Services), such as when you register for access to the Services (whether as an Organizer or otherwise), register for an event as a Buyer, contact us with inquiries, respond to one of our surveys or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address, zip code and other personally identifiable information. If you register for a paid event, we will collect financial information from you (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Buyers in connection with registration for an Organizer's event listed on the Services. If a Buyer voluntarily provides that information in connection with registration for an event or otherwise, it will be available to us and will be held by us in accordance with this Privacy Policy. In addition, such information will be delivered to the Organizer of the applicable event in accordance with “Our Disclosure of Information That We Collect: Organizers” below.

2. Non-Personal Data:

Non-Identifiable Data: When you interact with the Services, we collect certain personally non-identifiable information (“Non-Personal Data”). The Non-Personal Data we collect includes without limitation Internet Protocol (IP) addresses, Internet browser type, other characteristics of your device and software, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Services, the time of your usage and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you. We also collect Non-Personal Data (including, without limitation, of the type set forth above) from third parties. The information we collect from third parties may be combined with the information we collect.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as Non-Personal Data under this Privacy Policy.

3. Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar Technologies:

Our Cookie Policy

If you have any questions or concerns regarding our Cookie Policy, please do not hesitate to contact us at info@hakusports.com. By using the Services, you are consenting to the use of the technologies described in herein to collect both Personal Data and Non-Personal Data and to the storage of information on your device or web browser as described herein.

What are cookies, pixel tags (aka clear GIFs or web beacons), local shared objects and web storage?

  • Cookies: A cookie is a piece of information that is placed on your web browser when you access and/or use the Services that stores text and which can later be read back by the Services or third parties. They are used to recognize your browser.
  • Pixel Tags (aka Clear GIFs or Web Beacons): A pixel tag is a tiny invisible tag or graphic placed on certain parts of the Services, in emails or in certain other downloadable content, but not on your computer, mobile device or browser.
  • Local Shared Objects (aka Flash Cookies): A local shared object is similar to a cookie, except it is stored on your computer or mobile device, instead of your browser, and it can store more than just text. The methods for controlling local shared objects are different than the methods for controlling cookies (as discussed below).
  • Web Storage (aka HTML5 Local Storage): Web storage methods are similar to cookies but can store more information than cookies and usually store that information on a persistent basis.

How can I manage these technologies?

  • Cookies: Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are affirmatively deleted). You can manage cookies through your web browser's option settings and through those settings you may be able (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your web browser's help section for information on how to do this.
  • Pixel Tags: Pixel tags do not store information on your computer, mobile device or browser (although they are occasionally downloaded to your computer if contained in an email or other downloadable content) so cannot be managed by you.
  • Local Shared Objects: Local shared objects are stored on your computer or mobile device. To learn how to manage privacy and storage settings for local shared objects visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
  • Web Storage: Web Storage, or HTML5 Local Storage, is an industry-standard data storage technology that is implemented by browser manufacturers. Refer to your browser's help contents for procedures on how to manage settings for Web Storage.

What do you use these technologies for?

Generally we use these technologies for one of the following reasons:

  • Essential (strictly necessary): We use these technologies in a way that is essential for the operation of our Services or parts thereof. For example, we may use cookies to determine where to route your traffic to effectively distribute the workload across numerous computers.
  • Performance/Analytics: We use these technologies to analyze how you use our Services and to monitor our Services. For example, we may place cookies that allow us (i) to measure the time of your requests to our servers and our responses, (ii) to A/B test new features, (iii) to record statistics about site usage, (iv) to track your activities on the Services, and (v) to track the places from which you come to the Services.
  • Functionality: We use these technologies to allow us to provide certain functionality on the Services and to remember your preferences. For instance, when you click the “remember me” box on our log in page we place a persistent cookie on your browser that allows our Services to pre-populate your email address when you return. Other examples include remembering your preferences (such as language and location preferences), preventing web application vulnerabilities, allowing for Facebook Connect and other third party integrations, and in connection with providing search results.
  • Advertising: We use these technologies to deliver advertisements to you both on and off the Services. By using these technologies we hope to better tailor these advertisements to your interests. Sometimes this is called online behavioral or interest based advertising. Some (but not all) of the third party services that we use in this context participate in industry bodies that allow you to opt out of such use. As of the date hereof, we use technologies from Google, Bing/Yahoo, Perfect Audience, Retargeter and Qualtrics for such purposes. If you are a resident of the US, visit http://www.aboutads.info/choices/ to manage your opt-outs for those third party service providers who participate in such opt-out frameworks. If you are a resident of the EU, visit http://www.youronlinechoices.com to manage your opt-outs for those third party service providers who participate in such opt-out frameworks.

Does anybody else use these technologies on your Services?

Most of the cookies and other technologies described above on our Services are set by us or are used in connection with the Services and set by third party service providers at our direction (“Third Party Cookies”). We may use Third Party Cookies with respect to each of the uses set forth above. For example, we use technologies from Google Analytics to measure performance/analytics and technologies from Facebook to provide Facebook Connect functionality. Occasionally, a third party such as a haku organizer may use these technologies on their event pages for their own purposes.

Our Use of Information That We Collect:

1. Personal Data:

We use the Personal Data we collect in a manner that is consistent with this Privacy Policy. We may use the Personal Data as follows:

  • Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
  • Access and Use: If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Services for the purpose of registering as a Buyer or processing payments as an Organizer, we will use that information to facilitate such purchase or process such payments.
  • Internal Business Purposes: We may use your Personal Data for internal business purposes including without limitation to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.
  • Marketing: We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Services that we believe might be of relevance to you. In particular, Organizers should note that we may use information we receive or collect regarding Buyers (including without limitation via an Organizer's event registration page) in accordance with the terms of this Privacy Policy, including in the manner set forth above.
  • Organizer Emails: We allow Organizers to use our email system to contact Buyers for their current and past events, so you may receive emails from our system that originate with such Organizers.

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.

Our Disclosure of Information That We Collect:

1. Personal Data:

We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of haku (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Data with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions. Examples of such functions include mailing information, registration fulfillment, fraud prevention, maintaining databases and processing payments. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

Organizers: When you purchase tickets to, register for or donate to an event or related fundraising page on the Services, you consent to our providing your Personal Data to the Organizers of such event and related fundraising page, if applicable. For fundraising pages we may provide your personal information both to the Organizer charity of the fundraising page and the Organizer of the event to which the fundraising page is linked. These Organizers are not bound to treat your Personal Data in accordance with this Privacy Policy. You agree that we are not responsible for the actions of these Organizers with respect to your Personal Data. It is important that you review the applicable policies of the Organizers of an event (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that event or related fundraising page.

Facebook and Other Third Party Connections: You can connect your haku account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook ID, first name, last name, email, location, and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in with certain groups of people like your Facebook friends.

Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Services, (iv) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) to protect against legal liability.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may disclose, transfer or share Non-Personal Data for any lawful purpose.

Your Choices:

You have several choices available when it comes to your Personal Data:

Limit the Personal Data You Provide: You can use the Services without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to open an account, or create events for registration, your name and email address will be required.

Opt Out: You can “opt out” of receiving haku newsletter emails by logging in, clicking on “Account” and following the instructions to “email preferences.” You may modify your choices at any time in your haku account. In the event an Organizer uses our system to email you, you will be able to “opt out” of receiving those communications as well. Please note that if you unsubscribe from receiving a particular Organizer's emails, you will no longer receive emails from the particular Organizer that are sent through our system (but you may still receive emails sent by that Organizer through means other than our system), however, you will still receive haku communications and communications from other Organizers whose events you have attended or are registered to attend or who have otherwise obtained your email address. Likewise, if you unsubscribe from our communications you will continue to receive communications from Organizers. So you may have to unsubscribe from multiple emails before you stop receiving all communications. You can also unsubscribe from receiving all Organizer emails sent through our system. It may take up to 24 hours for us to process an unsubscribe request. Note that you cannot unsubscribe from update communications about the Services. You can stop receiving Service communications only by contacting us at info@hakusports.com and closing your account. By electing to stop receiving all communications from us or through our system you will no longer receive any updates on your account or on events you are registered to attend or have previously attended, including communications regarding refunds. We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an event, are not currently organizing an event and will have no need to receive further communications from us or through our system. Even after you opt out of all communications, we will retain your Personal Data and Non-Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Organizers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to do so.

Do Not Track: We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by us other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to us or another user or visitor through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Children:

We do not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us at [Insert Link], and we will attempt to delete that information from our databases.

Links to Other Web Sites:

This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Storage and Security:

We may store Personal Data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We take what we believe to be reasonable steps to protect the Personal Data provided via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet.

International Privacy Laws:

If you are visiting our website or using one of our software applications from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country.

Other Terms and Conditions:

Your access to and use of the Services is subject to the Terms of Use which can be found at www.hakusports.com.

Changes to This Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, “Modifications”). In certain circumstances haku may, but need not, provide you with notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective 30 days following the “Last Updated” date or such other date as communicated in any other notice to you. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

Access to Information:

Organizers may access and update their Personal Data being stored by us by logging in and visiting the My Account page. Organizers may also contact us directly at the address specified below with respect to Personal Data that is not accessible through the My Account page. Buyers and other non-Organizers do not have a formal account with haku, however, you can create a formal account by signing up. After signing up, you can update and access your Personal Data on the My Account page. Buyers and other non-Organizers can also contact us directly with requests to update Personal Data at the address specified below. We will take reasonable steps to respond to requests relating to Personal Data within 30 days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information). Note that you may not have access to or the ability to update Non-Personal Data, much of which is held in aggregate form.

Retention and Deletion:

We may retain your Personal Data as long as you continue to use the Services. You may close your account by contacting us. However, we may retain Personal Data and Non-Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media and other information systems.

Contacting haku:

Please also feel free to contact us if you have any questions about this Privacy Policy or our information practices. You may contact us by writing to info@hakusports.com

Dispute Resolution:

If you have a complaint about haku's privacy practices you should write to us at 261 NE 1st St.
5th Floor, Miami, FL 33132 or by email to info@hakusports.com. We will take reasonable steps to work with you to attempt to resolve your complaint.

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