Terms and Conditions
Last updated August 4, 2016
These Terms and Condition ("Terms and Conditions") govern your (the "User" or "you") use of the Hoopla, www.Hooplanow.com, website (the "Website") and is provided to you by The Gazette Company, Inc., dba The Gazette ("The Gazette", "we" or "us"). If you are an Advertiser and entered into an agreement with us for publishing your advertisement on the Website nothing herein shall effect, supersede, or replace the terms and conditions in such agreement.
BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH IN THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
1. Purpose of Website and Permitted Use
The Website is a venue to allow you to view content, event listings, and obtain discounts and deals from area merchants. You agree not to hold The Gazette responsible for any acts or omissions of other users of the Website, or for any liability associated with the use of any goods or services posted on the Website by other users or advertisers.
2. Posting of Ads
Subject to these Terms and Conditions, including the payment of the fees in Section 10, you may post an advertisement for your goods or services on the Website through display advertising space. You may also post a deal on the website in the Deals section. If you post any advertisements on the Website, you grant The Gazette all necessary rights that The Gazette needs to publish your advertisement, including a non-exclusive, paid up, non-terminable, royalty free license to all content, including photographs, videos, and text. You represent and warrant that (a) you assume full responsibility for the content of all advertisements posted on the Website by you, (b) such advertisements contain no libelous, tortious or unlawful statements, (c) the publication thereof shall not constitute unfair competition, unfair trade practice, infringement of copyright, trademark, trade name or other proprietary or statutory right, or an invasion of privacy of others. You further represent and warrant that all products and services referred to in the advertisements to be posted by you on the Website are of merchantable quality and are as represented in such advertisements, that the advertising, sale and furnishing thereof as contemplated in such advertisements complies with all applicable laws, and that all consents required by law or contract as a condition to the publication of the advertisements shall have been obtained prior to the posting of such advertisements on the Website.
3. Reservation of Right to Remove Listings
The Gazette reserves the right in its sole discretion, and without liability to anyone, to remove any inappropriate posts to the Website, but shall have no liability to anyone for the failure to remove any posted advertisement.
4. Effect of Submission of Ads
Submission of an advertisement to The Gazette does not constitute a commitment by The Gazette to publish the advertisement on the Website. The Gazette accepts advertising only by publishing such advertisement. By submission of an advertisement to The Gazette, Customer acknowledges that these Terms and Conditions apply.
5. Alteration of Ads
The Gazette reserves the right to alter any advertisement so that it conforms to the mechanical limits of the Website.
The Gazette shall not be responsible for proofreading advertisements or other material supplied by Customer for publication on the Website, or for errors contained in the advertisements or other material supplied by Customer. The Gazette shall not be responsible for any material that is not properly displayed or that cannot be accessed or viewed because it was not received by The Gazette in proper form, in a timely manner, or in an acceptable technical quality for display on the Website. The Agreement cannot be invalidated, and The Gazette will not be liable for, typographical errors, incorrect insertions or omissions in any advertisement.
The Gazette's failure to publish any advertisement shall be deemed immaterial, and shall not be considered a breach of these Terms and Conditions. The Gazette shall not be liable for damages for any failure to publish an advertisement. If a copy for an advertisement is submitted and your payment is received and that copy is omitted from publication on the Website, The Gazette's sole obligation and Customer's sole remedy shall be for The Gazette to publish on the Website the identical advertisement within a reasonable time after the date of such.
8. Truth in Advertising
Customers who are dealers, merchants or businesses must carry their corporate, business or trade names in all ads offering to buy, sell, rent or trade property or services and cannot advertise in a manner that is misleading to the public or violates any applicable law.
Customers who are subject to rules and regulations relating to advertising by a governing body are solely responsible for compliance with such rules and regulations. The Gazette shall not be liable or responsible for any breach of Customer's obligations to such governing body.
All advertisements are subject to the rates and fees set forth in discussions offline, and in sales meetings.
11. Disclaimers with respect to the Website and Goods or Services listed on the Website
The Gazette has no control over and makes no representations or warranties, and provides no guarantees, as to the condition, quality, safety or legality of goods or services advertised on the site, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. The listing of goods or services on this Website does not constitute or imply an endorsement of such goods or services by The Gazette. The Gazette is not endorsing any goods or services listed on the Website. THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". THE GAZETTE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Further, The Gazette does not warrant or make any representations concerning the accuracy, completeness, timeliness, or reliability of any of the content on the Website (or of any information, goods or services that are referred to, or advertised on, or sold through the Website), nor does The Gazette guarantee that the Website (or any site linked to the Website) will be error free, continuously available, free of viruses or other harmful components. The Gazette does not assume any responsibility or risk for your use of the Website. If any representation, warranty or guaranty is made in any advertisement on the Website with respect to goods or services, The Gazette is not a party to it and such representation, warranty or guaranty is strictly between the seller and the buyer. By using this Website, you assume the entire risk that the content on this Website may be inaccurate, incomplete, or that the goods or services advertised may not meet your needs and requirements, or correspond to their description on the Website.
12. Indemnification of The Gazette
You shall indemnify and hold harmless The Gazette and its officers, directors, partners, employees and agents from and against any and all liability, loss, or expense, including attorney's fees and expenses, resulting from any claim or litigation based upon any alleged facts which, if true, would constitute a breach by you of any of the foregoing representations and warranties. The Gazette shall have the right to defend any suit through counsel of its own choice and to make you a party to such suit.
13. Limitation of Liability
IN NO EVENT SHALL THE GAZETTE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR LOST SALES OR PROFITS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED AS TO THE POSSIBILITY OF SAME. IN NO EVENT SHALL THE GAZETTE'S LIABILITY FOR THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICE AGREEMENT, OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID TO THE GAZETTE BY THE CUSTOMER UNDER THE SERVICE AGREEMENT. Except as provided in Section 7 above, The Gazette shall not be liable for any damage arising out of or with respect to any failure to publish or timely publish an ad; any error in a published ad; the operation (or any failure in operation) of the Internet and/or any servers or systems comprising all or any portion thereof; or otherwise from the publication of any ad. You agree that The Gazette, its licensors, employees or agents do not warrant either: (i) the results to be obtained from publishing an advertisement on the Website; (ii) that any minimum level of audience or minimum number of impressions or click-throughs with respect to any ad; (iii) that The Gazette’s performance or any of its services or the Website will be uninterrupted or error free; or (iv) submissions to search engines or directories will be acted upon, if at all, within a reasonable time.
In no event shall The Gazette’s liability for the performance or nonperformance of services, or otherwise, exceed the amount actually paid to The Gazette by you for the defective services at issue. The foregoing is intended as a complete allocation of the risks between the parties. Because the bargain struck and the price paid for Services reflect such allocation this limitation upon remedies will not have failed of its essential purpose.
Nothing contained in any Addendum or in these Terms and Conditions shall be construed to place The Gazette and you in a relationship as partners, joint venturers, or principal and agent, respectively.
15. Governmental Regulations
These Terms and Conditions are at all times subject to governmental proclamations, laws and regulations now or hereafter in effect.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions
The Gazette will provide you with any notices required or permitted under these Terms and Conditions on the Website. You may only deliver notices to The Gazette in writing and delivered personally or mailed by U.S. mail, postage prepaid, addressed to The Gazette at the following address:
500 3rd Ave SE
Cedar Rapids, IA 52401
The provisions of Sections 11 through 18 of these Terms and Conditions shall survive your cancellation, termination or expiration of these Terms and Conditions or your use of the Website. These Terms and Conditions shall be governed and construed in accordance with the laws of the state of Iowa, without regard to its conflicts of law principles. You agree to promptly and voluntarily submit to the exclusive jurisdiction of the Iowa state courts located in Cedar Rapids, Iowa or the United States District Court for the Northern District of Iowa located in Cedar Rapids, Iowa, with respect to any legal proceedings arising out of these Terms and Conditions, waiving all defenses with respect to jurisdiction, forum and venue. Any action against The Gazette, including without limitation, claims pertaining to defects, errors or omissions in the goods or services provided by The Gazette, warranty claims, or errors in billing, must be brought by you within one (1) year of when the cause of action arose against The Gazette, regardless of your lack of knowledge of the claim. These Terms and Conditions: (a) contain the entire agreement between The Gazette and you relating to the services; and (b) shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties. The paragraph headings contained herein are for the convenience of reference only and shall not be construed so as to affect the interpretation or construction of any substantive provision hereof.