Last Modified: December 2016
Acceptance of the Terms of Service
Keenobby Inc. (“Company”, “we” or “us”) welcomes you to Keenobby, a global marketplace where people offer recreation classes and activities to those looking for fun learning experiences. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of keenobby.com, including any content, functionality and services offered on or through keenobby.com (the “Website”), whether as a guest or a registered user (“User”), together with the online platform offered through the Website whereby organizers of recreational activities (the “Expertainers”) may create listings (the “Listings”) for such recreational activities (the “Activities”) and participants (the “Participants”) may book Activities (collectively, the “Services’) directly with the Expertainers.
This Website and the Services are offered and available to users who are 18 years of age or older. Children under 13 years of age may not use the Services but may be entitled to participate in some Activities only with the presence of their parent or guardian. Users between the 13 and 18 years of age may use the Services only with the approval of their parent or guardian and be entitled to participate in some Activities only with the presence of their parent or guardian. By using this Website and registering to the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.
Expertainers shall ID participants on spot when hosting an ‘alcohol related’ activity.
USING THE SERVICES AND HOSTING OR PARTICIPATING IN ANY ACTIVITY IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF EXPERTAINERS, PARTICIPANTS AND OTHER USERS OF THE WEBSITE AND SERVICES OR ANY ACTIVITIES, AND DISCLAIMS ALL LIABILITY IN THIS RESPECT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY’S RESPONSIBILITIES ARE LIMITED TO: (I) FACILITATING THE AVAILABILITY OF THE WEBSITE AND SERVICES; AND (II) PROCESSING PAYMENTS BETWEEN THE PARTICIPANTS AND THE EXPERTAINERS. THE COMPANY DOES NOT AND CANNOT CONTROL THE SUITABILITY OF ANY ACTIVITY FOR THE PURPOSES IN WHICH A PARTICIPANT IS SEEKING TO PARTICIPATE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIVITIES.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter.
Your continued use of the Website and the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
You are responsible for:
- Making all arrangements necessary for you to have access to the Website and the Services.
- Ensuring that all persons who access the Website or Services through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and the Services or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company shall not be liable for any loss you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Company and its officers, directors, employees, agents, affiliates and their respective successors and assigns (collectively, the “Keenobby Parties”) due to someone else’s use of your account or password.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Users that are registered as Expertainers may create Listings that provide information about themselves as well as information about the Services offered through the Listing on the Website. To create a Listing, you will be asked a variety of questions about the Activity to be listed, including, but not limited to the location, duration, maximum number of people, level of performance and calendar of availability, among others. Listing will be made publicly available on the Website. Participants may contact you or book your Activity via the Website based upon the information provided in your Listing.
You, as an Expertainer, acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Activity described therein: (I) will not breach any agreements you have entered into with any third parties, (II) will be in compliance with all applicable laws (including tax requirements and the possession of all required permits, licenses, insurances and registrations for the organization and conduct of such Activity), and (iii) will not conflict with the rights of third parties. You further represent and warrant that: (a) you have the appropriate insurance to conduct such an Activity; and (b) you are qualified to conduct the Activity and will at all times conduct yourself in a professional and ethical manner. The Company assumes no responsibility for an Expertainers’ compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. You acknowledge and agree that, as an Expertainer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are otherwise present during the Activity at your request or invitation, excluding the Participant (and the individuals the Participant invites to the Activity, if applicable).
You, as an Expertainer, agree to honor any enrollments in an Activity booked through the Website at the price and time in the Listing and not to refuse enrollment or attendance by any Participant for any discriminatory or other illegal reason.
You, as an Expertainer, are responsible for ensuring that the Activity of any and all of your Listings on the Website complies with the quality standard description and safety and health information that you provided.
You, as an Expertainer, understand that Participants will have the opportunity to review their experience in an Activity. We cannot control the contents of any such review and will not be held responsible for any opinions or information that a Participant may include in such a review. We reserve the right, at our sole discretion, to remove inappropriate content from the reviews.
The Company reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service, or otherwise harmful to the Company, the Website or Services.
The Company does not verify or make any representations about the background or qualifications of any Expertainer. Therefore, when booking an Activity, Participants must exercise due diligence and care. The Company is not responsible for any damage or harm resulting from Participant’s interactions with Expertainers, other Participants or any other third party.
The fee displayed in each Listing is comprised of the “Experience Fee”, which is the amount due and payable by a Participant solely relating to an Expertainer’s Activity. It is the Expertainer and not Keenobby which determines the Experience Fee. Keenobby charges a service fee to Expertainers (“Expertainer Fee”) of 15% of applicable Experience Fees. Keenobby will also charge a non-refundable service fee to Participant (“Participant Fee”) of 5% of applicable Experience Fees.
The Experience Fee is collected by the Company from Participants . The Experience Fee (minus the Expertainer Fee) is then remitted to the Expertainer via Paypal. ASSUMING THE COMPANY HAS RECEIVED PAYMENT FROM A PARTICIPANT, THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO REMIT THE EXPERIENCE FEE (MINUS THE EXPERTAINER FEE) TO THE EXPERTAINER WITHIN TEN (10) DAYS AFTER THE DATE OF THE ACTIVITY.
Reservations and Cancellations
All reservations (“Reservations”) are subject to Keenobby’s cancellation policy, as stated below:
- If a Reservation is cancelled by a Participant at least 48 hours prior to the applicable Activity date, the Expertainer shall not be paid any of the Experience Fee and the Participant shall be reimbursed the full Experience Fee net the Participant Fee.
- If a Reservation is cancelled by a Participant between 24 and 48 hours prior to the applicable Activity date, the Expertainer shall be paid 50% of the Experience Fee minus the Expertainer Fee and the remainder shall be returned to the Participant net the Participant Fee.
- If a Reservation is cancelled by a Participant less than 24 hours before the applicable Activity, the Participant shall not be entitled to any return, credit or reimbursement.
No refunds are available without prior cancellation request. Your Reservation shall be deemed canceled only upon receipt of Keenobby confirmation of your cancellation.
The Company reserves the right (in the event of an emergency) to cancel a Reservation at any time upon returning full refund of the Experience fee to the Participant.
In case an Expertainer cancels Participant’s Reservation to participate in an Activity, the Company will credit Participant with the full Experience Fee and Participant Fee such Participant has paid to Keenobby.
Expertainers are not allowed to cancel the Activity within 36 hours prior to the start time of the Activity. This is to avoid any last minute cancellation and to allow every Participant to be able to plan in advance. Expertainers who must cancel within that timeframe must contact the Participants who have booked the activity to seek their availability for a reschedule of the Activity.
Expertainers who cancel the Reservation or Activity will not be credited of the Experience Fees. The Company reserves the right to charge the canceling Expertainer with the Expertainer Fees collected.
Keenobby shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Expertainer’s or Participant’s cancelation of a Reservation of an Activity. As an Expertainer, you agree that the Company may apply penalties or consequences to you or your Listing, including (I) publishing an automated review on your Listing indicating that an Activity was cancelled, (II) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (III) imposing a cancellation fee (to be withheld from your future payouts from Paypal). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
Cancellation due to Outside factors
Certain Activities may depend on factors outside either party’s control, such as weather conditions (“Outside Factors”). The Expertainer has the discretion as to whether Outside Factors will prevent the Activity from taking place. As an Expertainer, if you need to cancel an Activity due to Outside Factors, you must contact the Participants and Keenobby (at firstname.lastname@example.org ) as early as possible. Subject to the Participants’ consent, the Expertainer and the Participants may choose to reschedule the Activity for another date. If the Activity cannot be rescheduled, the Participant should contact Keenobby so we may assist in finding a replacement Activity at a similar price range. For clarity, in the event the alternative Activity is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. As a Participant, if you have contacted Keenobby as provided above and Keenobby is unable to find you a replacement Activity, Keenobby may refund the Experience fee and Participant fee for such booking to the applicable Participant within a commercially reasonable time of the cancellation.
Claiming a Participant Issue
Additionally, Keenobby reserves the right to charge back from Expertainers the Experience Fee they received for organizing certain Activity if upon the receipt of a complaint by a Participant with respect to such Activity (“Participant Issue”), it believes, at its sole discretion, that such Activity was not compatible with Keenobby standards of service or in case of any misconduct of the Expertainer.
A Participant Issue will be considered in cases where the Expertainer (i) fails to arrive at the agreed Location for the Activity within 20 minutes of the scheduled start time; (ii) fails to provide the Participants with the reasonable ability to access the venue of the Activity; (iii) does not behave in accordance with Keenobby’s standards of service; (iv) fails to provide the minimum conditions of safety or health that would be reasonably expected, given the nature of the particular Activity, at the sole discretion of the Company.
To be considered valid, Participant Issues must be claimed in accordance with the following criteria:
Participants must report the Participant Issue in writing to Keenobby (at email@example.com) or via telephone and provide information and evidence about the Activity and the circumstances of the Participant Issue within 24 hours after the start of the Activity, and must respond to any requests by the Company for additional information and cooperation on the Participant Issue;
Participants must not have directly or indirectly caused the Participant Issue (through action, omission or negligence); and
Participants must have used reasonable efforts to try to remedy the circumstances of the Participant Issue with the Expertainer prior to making a claim for a Participant Issue, and must provide evidence accordingly.
Each Expertainer acknowledges and agrees that he or she is solely responsible for all income, sales and other taxes associated with fees earned from their Activities, including VAT, surcharges, sales taxes, goods and services taxes, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes imposed and levied in connection with Activities or the payment thereof and they represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law. Note that failing to pay such taxes, as ordered by applicable tax law or to comply with any provisions the applicable tax law may prevent such Expertainers from continuing publishing their Activities on Keenobby.
Attending an Activity
Participants agree to follow all reasonable rules established by an Expertainer with respect to an Activity and agree not to take any actions to interfere with the Expertainer or any other Participants in the Activity.
These Terms of Service are in addition to any agreements, releases or other documents (the “Activity Agreements”) that an Expertainer and Participant may independently agree to enter into in connection with any Activity, for which the Company disclaims any liability.
To the fullest extent permitted by law, you hereby release THE KEENOBBY parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to the ACTIVITY agreements or any transaction with another user of the service (whether aN EXPERTAINER OR PARTICIPANT). You ACKNOWLEDGE AND agree that this assumption of risk and release is binding upon you and your heirs, executors, agents, and assigns.
You acknowledge and agree that by participating in any Activity (whether as an Expertainer or a Participant) you may be exposed to a variety of risks and hazards, which may or may not be foreseen. You are solely responsible for all risks associated with your participation in any Activity.
To the fullest extent permitted by law, you hereby release THE KEENOBBY PARTIES from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your participation in any ACTIVITY, whether as AN EXPERTAINER OR A PARTICIPANT. You ACKNOWLEDGE AND agree that this assumption of risk and release is binding upon you and your heirs, executors, agents, and assigns.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any User’s use of the Website.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards as set forth below.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Otherwise attempt to interfere with the proper working of the Website.
- Contact another User for any purpose other than related to an Activity.
- Recruit or otherwise solicit any Users to join third-party services or websites that are competitive to the Company.
- Use the Website to find an Activity and then complete a booking of an Activity independent of the Website in order to circumvent the obligation to pay any service fees to the Company.
The Website may contain message boards, chat rooms, personal profiles, forums, reviews, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its service providers, and each of their respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services.
- Terminate or suspend your access to all or part of the Website or the Services for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE KEENOBBY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE KENNOBBY PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User
Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that that the Website or the Services infringe your copyright, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
Please include the following:
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where within the Website the material that you claim is infringing is located.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
The Company’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: firstname.lastname@example.org.
Reliance on Information Posted
We do not warrant the accuracy, completeness or usefulness of any information made available on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out herein.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EXPERTAINERS OR PARTICIPANTS. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTAINERS OR PARTICIPANTS. THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
We make no warranty regarding any transactions executed through, or in connection with the ACTIVITIES, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any ACTIVITY is provided solely by such third party, and not by us or any other of our affiliates.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES, YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE WEBSITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. IN NO EVENT WILL THE KEENOBBY PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to release, defend, indemnify, and hold the Keenobby Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or in any way connected with (a) your access to or use of the Website and Services, or your violation of these Terms of Service; (b) your User Contributions; (c) your (i) interaction with any User, (ii) booking of an Activity, (iii) creation of a Listing; (iv) participation in an Activity or (v) use of the Website or Services other than as expressly authorized in these Terms of Service.
Governing Law and Jurisdiction
All matters relating to the Website, the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right under these Terms of Service shall not constitute a waiver of such right.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We reserve the right to withdraw or amend the Website and the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services, or the entire Website and Services, to Users.