Privacy Policy & Terms of Use

 

Welcome to Hall Pass. Hall Pass makes it easy to find and connect with exclusive venues and events in your city. Quickly make dinner reservations, purchase tickets, get free drinks and VIP services, while automatically taking advantage of customer loyalty platforms, at all your favourite venues.

We’re parting the velvet ropes. Now you “know a guy”.

These terms apply to the use of Hall Pass’s Site, Services and Software by Members (you):

Date of last revision: May 30, 2019

BINDING EFFECT; MODIFICATIONS :This is a binding agreement. By using the Internet site located at www.hallpasscard.com, or any other domain or webpages owned or used by Hall Pass Access, Inc. (the “Site”) or any services provided in connection with the Site or the Software (defined below in Section 17) (collectively with the Site and the Software, the “Services”), you (a “Member”) agree to abide by these Terms of Use (including the Privacy Policy), as they may be amended by Hall Pass Access, Inc., a Delaware corporation (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Company may also, in its sole discretion and without prior notice, modify or discontinue the Site, Services and/or the Software (defined below in Section 17) at any time. It is your responsibility to review these Terms of Use periodically, as access to or continued use of the Services after the effective date of an amendment to the Terms of Use constitutes acceptance of the revised Terms, as well as any changes to the Site, Services and/or the Software.

ELIGIBILITY; USER ACCOUNTS :Users under the age of 18 are not eligible to use the Site or Services. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. Users under the age of 21 may not use the Services to purchase alcohol. Users suspended from using the Services are not eligible to use the Services. The Company reserves the right to refuse use of the Services or Software to anyone and to reject, cancel, interrupt, remove or suspend any Event Host, Member, or the Services or Software at any time for any reason without liability.

All information submitted in connection with a Member account on the Services (each, a “Member Account”) must be accurate and truthful. Each Member also agrees to provide additional information the Company may reasonably request and to answer truthfully and completely any questions the Company might ask you in order to verify such Member’s identity. When you set up your Member Account, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password or there has been any

other breach of security of your Member Account.

DEFINITIONS; FEES; PAYMENT PROCESSOR; REFUNDS :The Services are designed to allow a Member to find events, to purchase tickets, cover charges, food and drinks, and VIP services from VenuesPromoters or Event Hosts and to split costs among Members, as well as participate in the customer loyalty program offered by Venues and Promoters. The Company intends to offer its own customer loyalty program and will make that information available to Members as that feature is launched as a part of the Services.

The Company may charge processing fees and Company service fees to Event Hosts, Promoters, Venues or Members (“Service Fees.”) The Company may adjust the Service Fees at any time, at its sole discretion, but any adjustment will only apply to transactions made after the effective date of the adjustment. You are responsible for paying all Service Fees associated with your use of the Services. Service Fees are non-refundable.

The current Service Fees, including Subscription Fees, can be seen by clicking here.

The Company currently uses Braintree as its third party payments partner. By agreeing to the Terms of Use of the Company, you are automatically agreeing to the Terms of Use of Stripe, which can be found at www.stripe.com.

All transactions are between a Member and the Event Host, Promoter or Venue, and not between the Member and the Company, with the exception of the Subscription Fee, if one is charged. The Company will not be responsible for the rectification of errors, or making refunds, to any Member – Members must deal directly with the Event Host for any refunds or related requests. You agree to contact the Event Host in the event of any payment dispute or request for a price adjustment or correction, or partial or full refund.

LIMITS ON MEMBERS; PROHIBITED SALES AND PROMOTIONS; DISPUTES :A Member must comply with federal and state law, including the law on the purchase, sale and consumption of alcoholic beverages. The Company does not permit Members under the age of 21 to purchase alcoholic beverages via its services. The Event Hosts, Promoters and Venues will not serve alcohol to persons under the age of 21; if you use the Services to purchase drinks for friends, and the Venue refuses to serve the person you purchased drinks for, this is a dispute you will need to resolve directly with the Event Host, Promoter or Venue that received the payment for the purchased alcohol. The Company is not responsible for resolving disputes between Members and Event Hosts, Promoters, or Venues, but may endeavour to make reasonable commercial efforts to provide contact information for the Event Host, Promoter or Venue to enable you to contact them directly about your dispute.

PRIVACY POLICY :Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

USER CONTENT :You grant Company a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Services, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), transferable license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User

Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content as User Content that is in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT : You shall not make the following types of User Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

COPYRIGHT INFRINGEMENT; DMCA AGENT :Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For your notification to be effective, you must provide it to Company’s designated DMCA agent at :

  • DMCA Agent

  • Hall Pass Access, Inc.

  • 1541 Harvard St.

  • Santa Monica, CA 90404

  • DMCA@HallPassCard.com

ALLEGED VIOLATIONS: Company reserves the right to terminate your use of the Services, Software and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site, Software and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site, Software or the Services. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site, Software or Services immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site, Software or the Services by others.

PROHIBITED USES :Company imposes certain restrictions on your permissible use of the Site, Software and the Services. You are prohibited from violating or attempting to violate any security features of the Site, Software or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, Software or the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, Software or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site, Software or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

EXPORT LAWS; OFAC :Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), each User represents that he/she is not a citizen, or otherwise located within, an embargoed nation (including without limitation the comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by the Office of Foreign Assets Control (“OFAC”) as updated from time to time; and that he/she is not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Wedding is deemed to be in violation of Export Laws.

NO WARRANTIES :COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY; RELEASE :COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SOFTWARE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SITE, SOFTWARE AND SERVICES, YOU HEREBY AGREE TO RELEASE THE COMPANY, 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 SITE, SOFTWARE AND/OR SERVICES, YOUR ACCESS AND USE OF THE SITE, SOFTWARE AND/OR SERVICES, OR ANY EVENTS OR PRODUCTS LISTED THEREON.

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.”

AFFILIATED SITES; LINKS :Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, Software and Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

INDEMNITY :You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, Software or Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

SOFTWARE :Company grants a limited, non-exclusive, non-transferable, revocable license to use the Services, subject to Member’s eligibility and continued compliance with the Terms of Use. In addition, Company may make certain software available to you from the Site or other means, including mobile applications. If you download software from the Site or other means, the software, including mobile applications and all files and images contained in or generated by the software or mobile applications, and accompanying data (collectively,“Software”) are deemed to be licensed to you by Company, for your personal, non-commercial, home use only. The Software license is limited, non-exclusive, non-transferable and revocable, and subject to Member’s eligibility and continued compliance with the Terms of Use. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. For clarity, the Software is deemed to be part of the “Services” in this Terms of Use.

TAXES :Any sales or use tax, or other tax, shall be the responsibility of the Event Host, Promoter or Venue offering goods or services for sale via the

Services of the Company.

GOVERNING LAW :These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, or the District Court for the Central District of California in all disputes arising out of or related to the use of the Site or Services.

SEVERABILITY; WAIVER :If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

NO LICENSE IN TM, LOGOS & COPYRIGHT :Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. All contents of Site or Services are :

Copyright © 2019 Hall Pass Access, Inc., 1541 Harvard St., Santa Monica, CA 90404. All rights reserved.

CALIFORNIA USE ONLY :The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

ACKNOWLEDGEMENT :BY USING THE SERVICE OR SOFTWARE, OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Summary of Amendments to Terms of Use:

Original Terms of Use posted on May 30, 2019.