Terms & Conditions
TERMS AND CONDITIONS
Last updated March 09, 2025
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AGREEMENT TO OUR LEGAL TERMS
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We are SayHello ("Company," "we," "us," "our").
​
We operate the website https://sayhello.social/event (the
"Site"), as well as any other related products and services that refer or link
to these legal terms (the "Legal Terms") (collectively, the "Services").
​
Connecting professionals at networking events
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You can contact us by phone at N/A, email at sayhelloupdates@gmail.com.
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These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and SayHello,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
​
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by sayhelloupdates@gmail.com, as stated in
the email message. By continuing to use the Services after the effective
date of any changes, you agree to be bound by the modified terms.
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The Services are intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services. If you are a
minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.
​
We recommend that you print a copy of these Legal Terms for your
records.
​
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. SOFTWARE
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. SOCIAL MEDIA
11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
25. SMS TEXT MESSAGING
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
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The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
​
2. INTELLECTUAL PROPERTY RIGHTS
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Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than
as set out in this section or elsewhere in our Legal Terms, please address
your request to: sayhelloupdates@gmail.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal information, or
other material ("Contributions"). Any Submission that is publicly posted
shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to: use,
copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other works,
your Contributions, and to sublicense the licenses granted in this section.
Our use and distribution may occur in any media formats and through any
media channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services
or making Contributions accessible through the Services by linking your
account through the Services to any of your social networking accounts,
you:
confirm that you have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit
through the Services any Submission nor post any Contribution that
is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original
to you or that you have the necessary rights and licenses to submit
such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If
we remove or edit any such Contributions, we may also suspend or disable
your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright
you own or control, please immediately refer to the "COPYRIGHT
INFRINGEMENTS" section below.
​
3. USER REPRESENTATIONS
​
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have the legal capacity
and you agree to comply with these Legal Terms; (4) you are not under the
age of 13; (5) you are not a minor in the jurisdiction in which you reside, or
if a minor, you have received parental permission to use the Services; (6)
you will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (7) you will not use the Services
for any illegal or unauthorized purpose; and (8) your use of the Services
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
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4. USER REGISTRATION
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You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in
.
__________
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed
by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
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6. SOFTWARE
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We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"), the
terms of the EULA will govern your use of the software. If such software is
not accompanied by a EULA, then we grant to you a non-exclusive,
revocable, personal, and non-transferable license to use such software
solely in connection with our services and in accordance with these Legal
Terms. Any software and any related documentation is provided "AS IS"
without warranty of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all risk arising out of use
or performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal Terms.
7. PROHIBITED ACTIVITIES
​
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws
or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username
of another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services.
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-
generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
​
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites. As such,
any Contributions you transmit may be treated as non-confidential and non-
proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and
these Legal Terms.
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-
being of minors.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
9. CONTRIBUTION LICENSE
​
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur
in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Services; and (3) to pre-
screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
10. SOCIAL MEDIA
​
As part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such
account, a "Third-Party Account") by either: (1) providing your Third-Party
Account login information through the Services; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay
any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Services via your
account, including without limitation any friend lists and (2) we may submit
to and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject
to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable
the connection between your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You acknowledge
and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or
tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party
Account by contacting us using the contact information below or through
your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-
Party Account, except the username and profile picture that become
associated with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
​
The Services may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Services or any Third-
Party Content posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install any Third-
Party Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you
use or install from the Services. Any purchases you make through Third-
Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us blameless from any
harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
12. SERVICES MANAGEMENT
​
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
13. PRIVACY POLICY
​
We care about data privacy and security. Please review our Privacy
Policy: https://www.sayhellosocial.org/privacypolicy. By using the
Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are
hosted in the Netherlands. If you access the Services from any other region
of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the
Netherlands, then through your continued use of the Services, you are
transferring your data to the Netherlands, and you expressly consent to
have your data transferred to and processed in the Netherlands. Further,
we do not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S.
Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably practical.
14. COPYRIGHT INFRINGEMENTS
​
We respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright
you own or control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your Notification will
be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be
held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or linked to
by the Services infringes your copyright, you should consider first
contacting an attorney.
15. TERM AND TERMINATION
​
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN
THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
​
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or
use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain
and support the Services or to supply any corrections, updates, or releases
in connection therewith.
17. GOVERNING LAW
​
These Legal Terms are governed by and interpreted following the laws of
the Netherlands, and the use of the United Nations Convention of
Contracts for the International Sales of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory provisions
of the law in your country to residence. SayHello and yourself both agree to
submit to the non-exclusive jurisdiction of the courts of Amsterdam, which
means that you may make a claim to defend your consumer protection
rights in regards to these Legal Terms in the Netherlands, or in the EU
country in which you reside.
18. DISPUTE RESOLUTION
​
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat
in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Amsterdam, Netherlands. The
language of the proceedings shall be English. Applicable rules of
substantive law shall be the law of the Netherlands.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
​
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
20. DISCLAIMER
​
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
21. LIMITATIONS OF LIABILITY
​
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF
THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR
$1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
22. INDEMNIFICATION
​
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.
23. USER DATA
​
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
​
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
25. SMS TEXT MESSAGING
​
Opting Out
Opt out by not inputting the phone number
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier and
the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at sayhelloupdates@gmail.com or call at
N/A.
26. CALIFORNIA USERS AND RESIDENTS
​
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
27. MISCELLANEOUS
​
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
​
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
SayHello
Netherlands