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TERMS OF SERVICE AGREEMENT

1. Our Mission.

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Our mission is all about crafting a universe where every beat finds its place. From intimate gatherings to grand celebrations, Hubble is your portal to a world of artists and experiences. Explore a myriad of talents tailored to your unique style, from DJs spinning magic to performers crafting unforgettable moments. Dive into our Listings, where creativity knows no bounds. Want to know more about an artist? Check out their profile, reviews, and what the community is saying. Have queries? Shoot a message their way. Because in our universe, every event finds its rhythm.

 

2. Searching and Booking on Hubble.

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2.1 Searching.

 

Find your perfect artist match with ease. Search for artists using criteria like the type of performance, event date, and location. Plus, our filters let you fine-tune your search, ensuring you find exactly what you're looking for. Your results are curated based on relevance, taking into account factors like availability, user reviews, artist popularity, and event compatibility. Dive into the details, and if you have questions, reach out directly to the artists after sending in a request. Booking your ideal creative experience has never been this effortless. Learn more about our search process on our Help Center. 

 

2.2 Booking. 

 

When you book a Listing, you are agreeing to pay all charges for your booking including the Booking price, applicable fees like deposits, Hubble’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Hubble via Stripe Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Dispute or Damage Claims (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Artist Services (a "Booking") is formed directly between you and the Artist. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Booking, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Booking or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking an Artist. Be aware that some Artists work with an organization or as part of a collective to provide their Artists Services.

 

3. Cancellations, Travel Issues, Refunds and Booking Modifications.

 

3.1 Cancellations, Travel Issues, and Refunds. 

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In general, if as a User  you cancel a Booking, the amount refunded to you is determined by the cancellation policy that applies to that Booking, selected by the Artist. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our future Extenuating Circumstance policy. Until this policy is precedent in further updates, current cancellation policies will take place on behalf of the artist. If the Artist cancels, or you experience a Travel Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the future Rebooking and Refund Policy. This policy will come in future updates but current cancellation policies will take in effect for the time being. 

 

3.2 Booking Modifications. 

 

Users and Artists are responsible for any booking modifications they agree to make via the Hubble Platform. Hubble Customer Support does not currently support modifications to booking services but will be included in future updates. Any modifications currently require Users to cancel bookings and therefore Users will agree to pay any additional amounts, fees, or taxes associated with any such cancellations. To ‘modify’ bookings, an additional request will have to be made after cancelling the original booking request, however, with the corrected information.

 

4. Your Responsibilities and Assumption of Risk.

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4.1 Your Responsibilities. 

 

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Booking Service. For example, this means: (i) you are responsible for leaving an Event (and related event space property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Dispute Claim and Damage Claim amounts necessary to cover damage that you, your artist(s), or your attendee(s) cause to an Booking, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional artist who is a minor or if you bring a minor to an event, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

 

4.2 Your Assumption of Risk. 

 

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Hubble Platform and any Content (as defined in Section 10), including your stay at any Bookings, participation in any Events, use of any other Hubble Services, or any other interaction you have with other Users/Artists whether in person or online. This means it is your responsibility to investigate a Artist Service to determine whether it is suitable for you. For example, Artist Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Artist Services.

 

ARTIST'S TERMS

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5. Being an Artist on Hubble.

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5.1 Artists. 

 

As an Artist, Hubble  offers you the right to use the Hubble  Platform to share your Booking Services, Availability, or other Promotional Content with our vibrant community of Users - and earn money doing it. It’s easy to accept a booking and you are in control of the gigs you can perform for - set your price, availability, and rules for each Booking.

 

5.2 Contracting with Users. 

 

When you accept a booking request, or receive a booking confirmation through the Hubble Platform, you are entering into a contract directly with the Users, and are responsible for delivering your Artists Service under the terms and at the price specified in your Booking. You are also agreeing to pay applicable fees like Hubble’s service fee (and applicable taxes) for each booking as well as the deposits listed on a case by case basis. Hubble Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Users must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Booking description.

 

5.3 Independence of Artists. 

 

Your relationship with Hubble is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Hubble, except that Hubble Payments acts as a payment collection agent as described in the Payments Terms. Hubble does not direct or control your Artists Service, and you agree that you have complete discretion whether and when to provide Artists Services, and at what price and on what terms to offer them.

 

6. Managing Your Listing.

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6.1 Creating and Managing Your Listing. 

 

The Hubble Platform provides tools that make it easy for you to set up and manage a Booking. Your Booking must include complete and accurate information about your Artist Service, your price, other items such as technical and hospitality riders, resort fees, offline fees, and any rules or requirements that apply to your Users or Bookings. You are responsible for keeping your Booking information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Artist Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. 

 

6.2 Know Your Legal Obligations. 

 

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Booking or Artist Services. For example: Some venues or promoters may have their own separate rules on a case by case basis, depending on a variety of factors. Not every user might have complete control of their setting rules, therefore inquiring about event space rules and guidelines will be the responsibility of the Artist. Some jurisdictions require Users to register, get a permit, or obtain a license before hosting certain Artists Services at events (such as festivals, after hour events, occupancy safety guidelines, serving alcohol at event space, hours of operation, or operating vehicles in transit to events). In some places, the Artist Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Artists Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Users and others in compliance with applicable privacy laws and these Terms, including our Artists Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

 

6.3 Search Ranking. 

 

The ranking of Bookings in search results on the Hubble Platform depends on a variety of factors, including these main parameters:

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  • Users search parameters (e.g. number of Users, time and duration of the trip, price range),

  • Booking characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Artist Service, Artists status, age of the Listing, average Users popularity),

  • Users booking experience (e.g. customer service and cancellation history of the Artists, ease of booking),

  • Artists requirements (e.g. minimum or maximum nights, booking cut-off time), and

  • Users preferences (e.g. previous trips, saved Listings, location from where the Users is searching).

 

6.4 Your Responsibilities. 

 

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Artists Services. You are responsible for setting your price and establishing rules and requirements for your Booking. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Hubble Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Users to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Hubble Platform in violation of our Off-Platform Policy.

 

6.5 Working as an Artist  as a Team or Organization. 

 

If you work with a co-Artists or Artists as part of a collective, business, or other organization, the entity and each individual who participates in providing Artists Services is responsible and liable as a Artists under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Hubble to transfer a portion of your payout to a co-Artists or other Artists, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

 

6.6 Your Assumption of Risk. 

 

You acknowledge that being an Artist on Hubble carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Hubble Platform, offering Artist Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Hubble Platform and any laws, rules, regulations, or obligations that may be applicable to your Bookings or Artist Services and that you are not relying upon any statement of law made by Hubble.

 

7. Cancellations, Travel Issues, and Booking Modifications.

 

7.1 Cancellations and Travel Issues. 

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In general, if a Users cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Artists, you should not cancel on a Users without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Users without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Users experiences a Travel Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Users, and by any other reasonable costs we incur as a result of the cancellation. If a Users receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Hubble exceeds your payout, Hubble (via Hubble Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Hubble’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Users. If we reasonably expect to provide a refund to a Users under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. 

 

7.2 Booking Modifications. 

 

Artists and Users are responsible for any Booking Modifications they agree to make via the Hubble Platform or direct Hubble customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

 

8. Taxes.

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8.1 Artist Taxes. 

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As an Artist, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

 

8.2 Collection and Remittance by Hubble. 

 

In jurisdictions where Hubble facilitates the collection and/or remittance of Taxes on behalf of Artists, you instruct and authorize Hubble to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Hubble are identified to Users on their transaction records, as applicable. Hubble may seek additional amounts from Users (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Users’ tax obligations, and you agree that your sole remedy for Taxes collected by Hubble is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Users, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

 

8.3 Tax Information. 

 

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Hubble may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Artist Services to facilitate accurate tax reporting by you, our Users, and/or their organizations.

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GENERAL TERMS

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9. Reviews.

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After each Artist Service, Users and Artists will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Hubble for accuracy and may be incorrect or misleading.

 

10. Content.

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Parts of the Hubble Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Hubble a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Hubble pays for the creation of Content or facilitates its creation, Hubble may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Hubble the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Hubble may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Hubble does not guarantee the accuracy or quality of translations and Users are responsible for confirming the accuracy of such translations.

 

11. Fees.

 

Hubble may charge fees (and applicable Taxes) to Artists and Users for the right to use the Hubble Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Hubble Platform, service fees are non-refundable. Hubble reserves the right to change the service fees at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.

 

12. Hubble Platform Rules.

 

12.1 Rules. 

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You must follow these rules and must not help or induce others to break or circumvent these rules.

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  • Act with integrity and treat others with respect

    • Do not lie, misrepresent something or someone, or pretend to be someone else.

    • Be polite and respectful when you communicate or interact with others.

    • Follow our Nondiscrimination Policy and do not discriminate against or harass others.

  • Do not scrape, hack, reverse engineer, compromise or impair the Hubble Platform

    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Hubble Platform.

    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Hubble Platform or Content.

    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Hubble Platform.

    • Do not take any action that could damage or adversely affect the performance or proper functioning of the Hubble Platform.

  • Only use the Hubble Platform as authorized by these Terms or another agreement with us

    • You may only use another Users’s personal information as necessary to facilitate a transaction using the Hubble Platform as authorized by these Terms.

    • Do not use the Hubble Platform, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent.

    • You may use Content made available through the Hubble Platform solely as necessary to enable your use of the Hubble Platform as a Users or Artists.

    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

    • Do not request, make, or accept a booking or any payment outside of the Hubble Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.

    • Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Hubble.

    • Do not engage in any practices that are intended to manipulate our search algorithm.

    • Do not book Artists Services unless you are actually using the Artists Services.

    • Do not use, copy, display, mirror or frame the Hubble Platform, any Content, any Hubble branding, or any page layout or design without our consent.

  • Honor your legal obligations

    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

    • Read and follow our Terms, Additional Legal Terms, Policies, and Standards.

    • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.

    • Do not use the name, logo, branding, or trademarks of Hubble or others without permission, and only as set forth in our Trademark Guidelines.

    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Hubble branding.

    • Do not offer Artists Services that violate the laws or agreements that apply to you.

    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

 

12.2 Reporting Violations. 

 

If you believe that a Users, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Hubble. In addition, if you believe that a Users, Listing or Content has violated our Standards, you should report your concerns to Hubble. If you reported an issue to local authorities, Hubble may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

 

12.3 Copyright Notifications. 

 

If you believe that Content on the Hubble Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

 

13. Termination, Suspension and other Measures.

 

13.1 Term. 

 

The agreement between you and Hubble reflected by these Terms is effective when you access the Hubble Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

 

13.2 Termination. 

 

You may terminate this agreement at any time by sending us an email or by deleting your account. Hubble may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Hubble may also terminate this agreement immediately and without notice and stop providing access to the Hubble Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Hubble, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

 

13.3 Users Violations. 

 

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Hubble believes it is reasonably necessary to protect Hubble, its Users, or third parties; Hubble may, with or without prior notice:

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  • suspend or limit your access to or use of the Hubble Platform and/or your account;

  • suspend or remove Bookings, Reviews, or other Content;

  • cancel pending or confirmed bookings; or

  • suspend or revoke any special status associated with your account.

 

For minor violations or where otherwise appropriate as Hubble determines in its sole discretion, you will be given notice of any intended measure by Hubble and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Booking is cancelled under this Section, the amount paid to the Artist will be reduced by the amount we refund or otherwise provide to the User, and by any other costs we incur as a result of the cancellation.

 

13.4 Legal Mandates. 

 

Hubble may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

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13.5 Effect of Termination. 

 

If you are an Artist and terminate your Hubble account, any confirmed booking(s) will be automatically cancelled and your Users will receive a full refund. If you terminate your account as a Users, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Bookings’  cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Hubble Platform has been limited, or your Hubble account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Hubble Platform through an account of another Users.

 

13.6 Survival. 

 

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.

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14. Modification.

 

Hubble may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Hubble Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Hubble Platform will constitute acceptance of the revised Terms.

 

15. Resolving Complaints and Damage Claims.

 

If a User provides valid evidence that you, your User(s), or your personnel damaged the complaining User’s real or personal property, or real or personal property the complaining Users is responsible for, including consequential damages, ("Damage Claim"), the complaining Users can notify Hubble and/or seek compensation through Customer Service. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Hubble and Hubble determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Hubble via Hubble Payments can collect the amount of the Damage Claim from you. You agree that Hubble may seek to recover from you under any insurance policies you maintain and that Hubble may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Hubble requests, execute documents, and take further reasonable action, in connection with Damage Claims, Users complaints, claims under insurance policies, or other claims related to your provision or use of Artists Services.

 

16. Hubble’s Role.

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We offer you the right to use a platform that enables Users to publish, offer, search for, and book Artists Services. While we work hard to ensure our Users have great experiences using Hubble, we do not and cannot control the conduct of Users and Artists. You acknowledge that Hubble has the right, but does not have any obligation, to monitor the use of the Hubble Platform and verify information provided by our Users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Hubble Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that Hubble administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for Artists), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Hubble in good faith, and to provide Hubble with such information and take such actions as may be reasonably requested by Hubble with respect to any investigation undertaken by Hubble regarding the use or abuse of the Hubble Platform. Hubble is not acting as an agent for any Users except for where Hubble Payments acts as a collection agent as provided in the Payments Terms.

 

17. Users Accounts.

 

You must register an account to access and use many features of the Hubble Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Hubble Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Hubble if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

 

18. Disclaimer of Warranties.

 

We provide the Hubble Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Users, Artists, Artists Service, Booking or third party; (ii) we do not warrant the performance or non-interruption of the Hubble Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Bookings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Booking being "verified" (or similar language) indicate only that the User or Booking or Hubble has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

 

19. Limitations on Liability.

 

Neither Hubble (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Hubble Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Hubble Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Hubble Platform, or (iv) publishing or booking of a Listing, including the provision or use of Artists Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hubble has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

 

Except for our obligation to transmit payments to Artists under these Terms, or make payments under the Hubble Artists Damage Protection, in no event will Hubble’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the Hubble Platform, any Content, or any Artists Service, exceed: (A) to Users, the amount you paid as a Users during the 12-month period prior to the event giving rise to the liability, (B) to Artists, the amount paid to you as a Artists in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

 

These limitations of liability and damages are fundamental elements of the agreement between you and Hubble. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

 

20. Indemnification.

 

To the maximum extent permitted by applicable law, you agree to release, defend (at Hubble’s option), indemnify, and hold Hubble (including Hubble Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms,  Policies or Standards, (ii) your improper use of the Hubble Platform, (iii) your interaction with any Users, stay at an Accommodation, participation in an Experience or other Artists Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

 

21. Contracting Entities.

 

Based on your country of residence or establishment and what you are doing on the Hubble Platform, Schedule 1 below sets out the Hubble entity with whom you are contracting. If we identify through the Hubble Platform, a Hubble entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Hubble entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Hubble company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.

 

22. United States Governing Law and Venue.

 

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Austin, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Austin, Texas.

 

23. United States Dispute Resolution and Arbitration Agreement.

 

23.1 Application. 

 

This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Hubble in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

 

23.2 Overview of Dispute Resolution Process. 

 

Hubble is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Hubble’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Hubble each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

 

23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. 

 

At least 30 days prior to initiating an arbitration, you and Hubble each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Hubble by mailing it to Hubble’s agent for service: Hubble: Capture Your Space, LLC, 1201 Lady Bird Lane, Apt 408, Austin, TX 78741. Hubble will send its notice of dispute to the email address associated with your Hubble account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

 

23.4 Agreement to Arbitrate. 

 

You and Hubble mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Hubble Platform, Artists Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Hubble agree that the arbitrator will decide that issue.

 

23.5 Exceptions to Arbitration Agreement. 

 

You and Hubble each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Hubble Platform or Artists Services. You and Hubble agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

 

23.6 Arbitration Rules and Governing Law. 

 

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

 

23.7 Modification to AAA Rules - Arbitration Hearing/Location. 

 

In order to make the arbitration most convenient to you, Hubble agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Travis County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

 

23.8 Modification of AAA Rules - Attorney’s Fees and Costs. 

 

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

 

23.9 Arbitrator’s Decision. 

 

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 

23.10 Jury Trial Waiver. 

 

You and Hubble acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

 

23.11 No Class Actions or Representative Proceedings. 

 

You and Hubble acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class Users in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

 

23.12 Severability.

 

Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

 

23.13 Changes to Agreement to Arbitrate.

 

If Hubble changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Hubble (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Hubble.

 

23.14 Survival. 

 

Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Hubble Platform or terminate your Hubble account.

 

27. Miscellaneous.

​

27.1 Other Terms Incorporated by Reference. 

 

Our Privacy Policy and Cancellation Policies and other supplemental policies and terms linked to in these Terms apply to your use of the Hubble Platform, are incorporated by reference, and form part of your agreement with Hubble.

 

27.2 Interpreting these Terms. 

 

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Hubble and you pertaining to your access to or use of the Hubble Platform and supersede any and all prior oral or written understandings or agreements between Hubble and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Hubble. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

 

27.3 No Waiver. 

 

Hubble’s  failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

27.4 Assignment. 

 

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Hubble's prior written consent. Hubble may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

 

27.5 Notice. 

 

Unless specified otherwise, any notices or other communications to Users  permitted or required under this agreement, will be provided electronically and given by Hubble via email, Hubble Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. 

 

27.6 Third-Party Services. 

 

The Hubble Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Hubble is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

 

27.7 Google Terms. 

 

Some translations on the Hubble  Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Hubble  Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

27.8 Apple Terms. 

 

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

 

27.9 Hubble Platform Content. 

 

Content made available through the Hubble Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Hubble and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Hubble Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Hubble grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Hubble Platform and accessible to you, solely for your personal and non-commercial use.

 

27.10 Force Majeure. 

 

Hubble shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

27.11 Emails and SMS. 

 

You will receive administrative communications from us using the email address or other contact information you provide for your Hubble  account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Hubble  account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

 

27.12 Contact Us. 

 

If you have any questions about these Terms please email us.

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