TERMS AND CONDITIONS
Happening Out Terms and Conditions
This contract or booking, referred to as “Agreement,” constitutes a contract between you and Happening Out, LLC, DBA Happening Out, DBA Queer News Tonight, DBA HAPPENING.Fun hereinafter referred to as “HOUT”. You may either accept or decline the Terms as indicated at the bottom of this page, but to make payment using either by check or Credit Card you must accept the Terms by clicking “I Accept”. This agreement represents the entire agreement between both parties and may not be changed unless agreed to in writing by both parties.
All payments of HOUT invoices are subject to the following conditions.
- You warrant that:
- You are 18 years of age or over.
- You have the appropriate authority to validly accept the Payment
- Terms and are able to and will meet your obligations in relation to these Terms.
- The check/credit card used in connection with the Agreement is issued in your name or you are authorized to use the check/credit card.
- You will pay the check/credit card issuer all charges incurred in the use of the Services.
- The information supplied by you is true and correct.
By using HOUT’s payment facilities you accept and consent to your personal data being provided to the Service Provider for sole purpose of offering and administering the online payment. We respect the privacy of every individual who visits our site. The HOUT websites have security measures in place to protect the loss, misuse and alteration of the information under our control. HOUT’s Terms and Conditions for payments are subject to change at any time. Each transaction shall be subject to these specific Terms and Conditions that were in place at the time of the transaction. If you have any questions or concerns, please contact support by email at email@example.com. Important security note: Never transmit credit card information by e-mail.
You hereby authorize HOUT to produce or advertise the items listed in this Agreement. You understand that you shall provide HOUT with any and all requested materials necessary for HOUT to complete this Agreement within the deadlines mutually agreed upon. If deadline is missed by you, you agree to be subject to “Deposit & Payments” section of these Terms & Conditions.
Should HOUT need to edit content for any reason You agree to approve changes by HOUT within the requested deadline, understanding that failure to do so will cause all rights to be waived and HOUT shall be held harmless for any and all errors contained herein.
You understand that edits to LIVE content is not possible. You agree that edits to video content created for You by HOUT is limited to two (2) revisions total.
You understand that although positioning of said advertisement is not guaranteed and is subject to HOUT’s discretion, HOUT will make every attempt to place said ad in any location requested.
You understand that HOUT reserves the right to accept, reject, or cancel Your ad and/or content for any reason. Any rejection or cancellation of content that can be considered maliciously exclusionary to any group, racist, sexist, illegal, or violate other principals that we feel constitute being a good citizen (such as libel, obscenity, invasion of privacy, disruption, etc.) is subject to the “Deposits & Payments” section of these Terms and Conditions.
Deadlines Outlined by HOUT
You understand that our deadlines are based on production times. You agree that HOUT is not responsible for any deadlines missed by You, regardless of their time frame or nature. For example, a deadline issued by HOUT may be “within the next hour”. You understand that failure to do so will cause all rights to be waived and HOUT shall be held harmless for any and all omissions, undelivered products/services, and/or errors contained. You also understand that missed deadlines are subject to the “Deposits & Payments” section of these Terms and Conditions.
Deposit & Payments
You understand the balance due shall be due and payable upon at time of purchase (this Agreement), or within the outlined payment plan included in this Agreement. You agree that deposits and payments are non-refundable for any reason at any time, even if Agreement is canceled by You.
Credit Card Specific Terms & Conditions:
You agree to authorize the use of the credit card provided for this agreement. For declined CC payments, we will attempt to charge the card a second time. You agree to be charged $10 for each additional attempt to process your credit card after it is declined. If this Agreement is terminated for non-payment because HOUT is unable to process your card on payment due date, you agree that all deposits and payments are non-refundable. You agree to permit HOUT to collect monies due with the credit card(s) you have provided. You understand that this includes deposits, invoices, and fees outlined in these Terms & Conditions.
Check Specific Terms & Conditions:
In some states checks constitute a form of contract between the issuer and the receiver. You agree that You understand that the Terms & Conditions in this agreement supersede any other agreements that may be implemented via check. You understand that a service charge of $36.00 will be added to any check item returned unpaid by Your financial institution for any reason.
Accounting & Past Due Fees
You understand that Payment Plans require additional accounting and have an associated fee called “Processing Fee” that is included in your Agreement.
You agree that a finance charge of 1.5% per month (18% per annum) may be assessed to any balance 30 days past due. You also understand that You are responsible for any costs associated with the collection of these fees.
MANDATORY ARBITRATION / FORUM / CHOICE OF LAW:
You and HOUT hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Florida. You and HOUT agree that the arbitration shall take place in Broward County, Florida and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and HOUT acknowledge and agree that this arbitration is the sole recourse and that You may not file a lawsuit against HOUT. If You fail to submit Your claim to arbitration and instead files suit, HOUT shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. You and HOUT agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
You agree this agreement represents the entire agreement between both parties and may not be changed unless agreed to in writing by You and HOUT. There have been no representations or agreements made other than those contained herein. By Accepting this Agreement, You hereby agree to all terms set forth herein and acknowledge receipt of a copy of this agreement. Upon acceptance, this contract is binding and non-cancelable.
The staff of HOUTs continually strives to provide you with the best possible price and products and the quality customer service required. On behalf of the entire staff we thank you for your business!