Terms of Service Overview
Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.
Your Relationship with Pastimes
By using our Platform, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and Pastimes.
If you break the rules, we may suspend or terminate your account.
The Real World
Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.
Many of the activities listed on our Platform involve risk, which can sometimes lead to injury or sometimes even death. We are not responsible for your participation in any of these activities nor any injuries, damage, or other harms that you or others may sustain as a result of such participation. You should use common sense and good judgement when deciding to participate in these activities, what gear or equipment to use for these activities, and who to participate with to do these activities.
Your Content and Content of Others
You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms of Service.
We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Pastimes and our Platform for the benefit of you and others.
We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.
We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.
We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.
By using our Platform, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. Unless you are based in the European Union, you agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.
You may be based in a country where the laws that apply provide for different or additional rights and obligations. These Terms of Service will point out areas of difference.
Terms of Service
Last Updated: November 02, 2020
1. This Agreement
1.1 The Agreement. Pastimes enables you and other users to arrange offline, real-world events for activities. The terms “Pastimes,” “we,” “us,” and “our” include Pastimes, Inc. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Pastimes, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.
2. Your Account and Membership
2.1 Eligibility. Our Platform is intended for anyone who is at least 18 years old. You represent that you are at least 18. If you are not 18 or older, you may not use our Platform. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for an event may be set by the organizer of that event.
2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of other members on the Platform, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time.
Other users of the Platform, including event organizers, have the ability to moderate or manage your access to their accounts and events. We do not have any responsibility to facilitate any of your interactions with any other user.
2.3 Account Information and Security. When you register, you provide us with some basic information, including your phone number, name, age, gender, email address, username, and a password. We may use two-factor authentication in order for you to register or access your account with us. You consent to our use of SMS/text message verification. Standard data and messaging rates may apply. Keep your phone number, email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others.
2.4 License to the Pastimes Platform and Services. Subject to your compliance with this Agreement, Pastimes grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.
3. Fees, Payments, and Offers
3.1 No Fees Currently Charged by Pastimes. Use of all of the features on our Platform is currently free, but we may charge fees for other features. We may in the future implement a fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars.
4. Your Content and Privacy
4.1 Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to Pastimes. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include, but are not limited to:
The material that event organizers and members attending events typically post to the Platform, such as information about events for activities, comments, and photos;
Information that you post to any publicly available portion of the Platform, such as your public profile and publicly discoverable events;
All feedback, suggestions, and other communications that you send or direct to Pastimes.
By being responsible for your Content, you agree, among other things, that:
You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to Pastimes;
Your Content does not include personal, private or confidential information belonging to others; and
Your Content does not otherwise violate the rights of any individual or entity.
You also agree that you and your Content comply with this Agreement. You also agree that we may remove the metadata associated with your Content.
4.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Pastimes and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Pastimes a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of a Pastimes event or of the Platform, subject to any restrictions imposed by applicable law.
5. Your Use of Our Platform
Summary: We require that you follow our policies and guidelines when using our Platform. We have no responsibility for Content that anyone posts to our Platform.
5.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.
In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.
When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services.
If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination.
5.2 Content of Others. Pastimes does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.
5.3 Interactions with Others. Without limitation to Section 8, Pastimes is not a party to any offline arrangements made through our Platform. Pastimes does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Pastimes makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.
Tip: Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at Pastimes events. If you have a concern regarding other members, you can report them within the app or by contacting us at email@example.com.
5.4 Prohibited Uses of the Platform. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in an event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
5.5 Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.
You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in Pastimes events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer strictly necessary for the administration of a Pastimes event or promptly following a request from Pastimes, and you will promptly certify to such deletion.
5.6 Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.
5.7 Third Party Sites and Services. The Platform may contain links to third party sites, and may be integrated with various third party services, applications and sites that could make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.
Summary: To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Pastimes event. You also agree not to hold event organizers or other Pastimes members responsible for their negligence in connection with their Content or conduct during an event.
To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Pastimes Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Pastimes event. You also agree, to the full extent permitted by applicable law, to release event organizers and other members from Claims based on their negligence arising out of or in any way connected with their Content, or conduct during a Pastimes event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You acknowledge that some Pastimes events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.
Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.
To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Pastimes Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Pastimes event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Pastimes Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
8. Warranty Disclaimer and Limitation of Liability
Summary: Our Platform is provided to you “as is” and we make no warranties of any kind with respect to our Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.
8.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.
8.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Pastimes Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Pastimes Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Pastime events, attendance at Pastimes events, participation in or exclusion from Pastimes events and the actions of you or others at Pastimes events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.
9. Dispute Resolution
Summary: If you have a dispute with Pastimes, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. Members based in the European Union may have additional or different rights, as provided by applicable law. Pastimes has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.
9.1 Informal Resolution. Before making any claim, you and Pastimes agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Pastimes events. You or Pastimes may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Pastimes may bring a claim in accordance with this Section 9. Members based in the European Union may have additional or different rights, as provided by applicable law.
9.2 Arbitration Agreement. The arbitration procedures described in this Section 9.2 applies to all members, except for members who are based in the European Union. Section 9.6 sets out the dispute resolution procedures that apply to members who are based in the European Union.
a. Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to JAMS, Inc., or its successor (“JAMS”) for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Pastimes are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Pastimes.
b. Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
c. Arbitration Procedures. Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) that are in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in Salt Lake County, Utah or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees, and expenses, including attorneys’ fees, to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
9.3 Exceptions. You or Pastimes may assert claims, if they qualify, in small claims court in Salt Lake County, Utah or any U.S. county where you live or work. You or Pastimes may seek injunctive relief from a court of competent jurisdiction in Salt Lake County, Utah as necessary to protect the intellectual property rights of you or Pastimes pending the completion of arbitration. Pastimes may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Pastimes’ right to modify, suspend or terminate your account or access to our Platform under Section 2.
9.4 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at firstname.lastname@example.org within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Pastimes account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Section 9.2 of this Agreement does not apply to you. This opt-out does not affect any other sections of this Agreement.
9.5 Class Action Waiver. You agree to resolve disputes with Pastimes on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.
9.6 Dispute Resolution Terms Applicable to Members Based in the EU. If you are a member based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to rely on the mandatory provisions of the local law that applies. If you are based in the European Union, the local laws in your European Union Member State may allow you to take legal action against Pastimes in your Member State and to invoke certain local laws against Pastimes. The European Commission provides for an online dispute resolution platform.
10. Intellectual Property
10.1 Intellectual Property of Pastimes. Pastimes trademarks, logos, service marks, and service names are the intellectual property of Pastimes. Our Platform, including our material on the Platform, are also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent.
10.2 Intellectual Property of Others. Pastimes respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact us at email@example.com.
11. General Terms
Summary: This section contains terms we have added for miscellaneous purposes. Please continue to read this section carefully.
11.1 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by emailing us at firstname.lastname@example.org. Any notice to you shall be given to the most current email address in your account.
11.2 Entire Agreement. This Agreement constitutes the entire agreement between you and Pastimes, superseding any prior agreements between you and Pastimes on such subject matter.
11.3 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Pastimes is intended or created by this Agreement. A member of the Pastimes Platform is not Pastimes’ representative or agent, and may not enter into an agreement on Pastimes’ behalf.
11.4 Governing Law. This Agreement and the relationship between you and Pastimes shall be governed by the laws of the State of Utah without regard to its conflict of laws provisions, except as provided in Section 9.
11.5 Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9.4, you and Pastimes agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Salt Lake County, Utah, and you and Pastimes agree to venue and personal jurisdiction in those courts.
If you are a member based in the European Union, you may bring judicial proceedings against us arising from or in connection with this Agreement in your country of residence. In addition, for members based in the European Union, the European Commission provides for an online dispute resolution platform.
11.6 Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law. This clause does not apply to you if you are based in the European Union.
11.7 Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with Pastimes’ prior written consent, but may be assigned or transferred by us to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Pastimes’ assets, or similar transaction.
11.8 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
11.9 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Pastimes nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
11.10 Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in Section 11.11 will survive such termination.
11.11 Survival. Sections 3 (Fees, Payments, and Offers), 4 (Content License from You), 4 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.
11.12 Violations. Please report any violations of this Agreement by a member or third party by sending an email to email@example.com.