Welcome to Huuk.ai, the website and digital platform managed by Huuk Inc. ("Huuk," "we," or "us"). This document delineates the conditions under which you may utilize our website, web widgets, feeds, mobile software applications (collectively referred to as the "Huuk Platform"), applications for third-party websites and platforms, and any other mobile or web services or applications owned, controlled, or made available by Huuk (including those offered through social networking sites such as Twitter or Facebook) (from now on collectively referred to as the "Platform"). By accessing or using the Platform, you confirm your acknowledgment and consent to be bound by these Terms of Use ("Agreement"), whether you are registered with our Platform or not.
We retain the authority to modify this Agreement at any time by providing notice as outlined herein. Amendments to this Agreement that do not materially affect the nature of the Agreement may be made without prior notice. Should there be substantial modifications to the Agreement, we will provide at least seven (7) days notice before the changes take effect. You may reject the changes during that time by terminating your account. Your continued use of the Platform following any such modifications constitutes your acceptance of the revised Terms of Use. If you disagree with the terms herein or any future modifications to these Terms of Use, you should discontinue use of and not access (or continue to access) the Platform. This Agreement is applicable to all visitors, users, and any other individuals who access the Platform ("Users").
Use of Our Platform
Huuk provides a place for you to find travel information and connect with fellow travelers.
Eligibility Requirements
Access to this Platform is exclusively reserved for individuals who are at least thirteen (13) years of age. Registration, usage, or access by anyone under the age of 13 is expressly prohibited and constitutes a breach of this Agreement. Individuals under the age of 18 may utilize the Platform only if they are emancipated minors or have obtained the requisite consent from a parent or legal guardian. Furthermore, they must possess the capability to fully understand and agree to the terms, conditions, responsibilities, affirmations, representations, and warranties outlined in this Agreement and must be able to adhere to and comply with all aspects of this Agreement. Access to the Platform is denied to any Users who have been previously removed by Huuk.
Member Accounts
You are not required to register to visit Huuk. However, registration is necessary to access certain features of the Platform, such as posting content. By registering with Huuk and creating a "Member" account, you gain access to various platform features and functionalities, which we may periodically update and manage at our sole discretion.
You must not use another Member's account without their explicit permission. When setting up your account, it is imperative to provide accurate and complete information. You are solely responsible for all activities conducted through your account, and it is crucial to keep your account password secure. Should there be any security breaches or unauthorized uses of your account, you must inform Huuk immediately. Huuk is not liable for any losses resulting from unauthorized account activity.
You can manage your Member profile and your interactions with the Platform through the settings on your Profile. By providing Huuk with your email address, you consent to receive Platform-related notifications, including legal notices, via email instead of postal mail. We may also use your email to send you other communications, such as updates on Platform features and special offers. Should you choose not to receive such emails, you can opt-out or modify your preferences on your Profile. Please note that opting out may prevent you from receiving emails about updates, improvements, or offers.
Platform Rules
You agree to refrain from engaging in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Platform in any medium, including but not limited to any forms of automated or manual "scraping"; (ii) utilizing any automated systems such as "robots," "spiders," "offline readers," etc., to access the Platform in a way that sends more request messages to Huuk's servers than can reasonably be produced by a human using a standard online web browser within the same timeframe (except that Huuk grants conditional permission to public search engine operators to use spiders to copy materials from Huuk.ai solely for the purpose of generating publicly available searchable indices of the materials, but not for creating caches or archives of such materials); (iii) sending spam, chain letters, or any other form of unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (v) undertaking any action that, at our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Platform; (vii) collecting or harvesting any personally identifiable information, including account names, from the Platform; (viii) utilizing the Platform for any form of commercial solicitation; (ix) impersonating another individual or falsely representing your affiliation with a person or entity, engaging in fraud, concealing or attempting to conceal your identity; (x) interfering with the proper functioning of the Platform; (xi) accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform; or (xii) circumventing any measures we may employ to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on the use of the Platform or its content.
Accessing the audio-visual content available on the Platform for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audio-visual work via the Internet from the Huuk Platform to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
Huuk may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Platform without notice and liability for any reason, including if, in Huuk’s sole determination, you violate any provision of this Agreement or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
All aspects of the Platform are subject to change or elimination at Huuk’s sole discretion. Huuk reserves the right to interrupt the Platform with or without prior notice for any reason or no reason. You agree that Huuk will not be liable to you for any interruption of the Platform, delay, or failure to perform.
You are solely responsible for your interactions with other Huuk Users. We reserve the right but have no obligation, to monitor disputes between you and other Users. Huuk shall have no liability for your interactions with other Users or for any User’s action or inaction.
User Content
Certain sections of the Platform may permit Users to upload content, including but not limited to feedback, comments, questions, blog posts, travel information, videos, photos, and other types of information (“User Content”). You are entirely responsible for any User Content that you upload, publish, display, link to, or otherwise make available (hereafter, “post”) on the Platform. You acknowledge that we serve merely as a passive conduit for the online distribution and publication of your User Content. You understand that regardless of publication, Huuk does not assure confidentiality for any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity, and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the rights of the performance, mechanical, and sound recording, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Huuk reserves the right, but is not obligated, to reject and/or remove any User Content that Huuk believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Platform is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, Platform mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Huuk takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Platform. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Platform, is solely your responsibility. In connection with your User Content, you affirm, represent, and warrant the following:
You are at least 18 years of age and have not been previously removed from the Platform, or if you are under 18 years of age, you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Platform and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and Huuk’s use thereof as contemplated by this Agreement and the Platform will not infringe any rights of any third party, including, but not limited to, intellectual Property Rights, privacy rights, and rights of publicity.
Huuk may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Huuk is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Huuk shall not be liable for any damages you allege to incur as a result of such User Content.
User Content License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Platform, you expressly grant, and you represent and warrant that you have a right to grant, to Huuk a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform. You also hereby grant each User of the Platform a non-exclusive license to access your User Content through the Platform and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Platform and under this Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Platform. You understand and agree, however, that Huuk may retain but not display, distribute, or perform server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Platform does not provide you a means to delete or remove are perpetual and irrevocable.
End User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Platform for your personal, non-commercial use only. Huuk reserves all rights not expressly granted herein in the Platform and the Huuk Content (as defined below). Huuk may terminate this license at any time for any reason or no reason.
(1) License GrantHuuk hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Huuk Software for one Huuk Member account on one mobile device owned or leased solely by you for your personal use.
(2) RestrictionsYou may not: (i) modify, disassemble, decompile or reverse engineer the Huuk Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Huuk Software to any third party or use the Huuk Software to provide time sharing or similar Platforms for any third party; (iii) make any copies of the Huuk Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Huuk Software, features that prevent or restrict use or copying of any content accessible through the Huuk Software, or features that enforce limitations on use of the Huuk Software; or (v) delete the copyright and other proprietary rights notices on the Huuk Software.
(3) Software UpgradesYou acknowledge that Huuk may, from time to time, issue upgraded versions of the Huuk Software and may automatically electronically upgrade the version of the Huuk Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades.
(4) Third-Party CodeAny third-party code that may be incorporated in the Huuk Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.
(5) Rights ReservedThe foregoing license grant is not a sale of the Huuk Software or any copy thereof, and Huuk or its third-party partners or suppliers retain all rights, title, and interest in the Huuk Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Huuk reserves all rights not expressly granted under this Agreement.
Our Proprietary Rights
Except for your User Content, the Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Platform marks, copyrights, photographs, audio, videos, music, and User Content (the “Huuk Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Huuk and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Platform. Use of the Huuk Content or materials on the Platform for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve the Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Huuk under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Huuk does not waive any rights to use similar or related ideas previously known to Huuk, developed by its employees, or obtained from sources other than you.
Your Responsibilities
Safe OperationThe information provided through the Services, particularly through turn-by-turn in-app navigation services, is not intended to replace the information provided on the road, such as traffic signs, traffic signals, and any other restrictions. You represent and warrant that you will always pay attention to road conditions and road information and obey applicable traffic laws. Especially with regard to turn-by-turn in-app navigation services, you are strictly forbidden from non-verbally interacting with the Services while actively driving. You may only interact with the Services in a non-verbal manner once you have stopped your vehicle in a safe and appropriate location in accordance with applicable traffic laws. Alternatively, you can have a passenger interact with the Services in a non-verbal manner that does not interfere with the driver’s operations on the road.
Trip PlanningThe Services may be used for general trip planning purposes. Although Huuk strives to provide the most accurate maps and information possible, Huuk cannot guarantee that any use of the Services will result in any desired results for you. Huuk cannot guarantee that all locations are accurate on our maps. In some instances, Huuk may use third-party data from Google Maps and other technologies. Although third-party data is generally accurate, errors may occur.
Mapping and Satellite ImageryUnless otherwise expressly authorized by us, you acknowledge that no map data may be used to create paper maps. In addition, you acknowledge that satellite imagery is made available for viewing through the Services only and may not be downloaded or otherwise extracted for offline use in any capacity.
Safe Use of the ServicesAlthough Huuk strives to provide the most accurate maps and information possible, Huuk cannot guarantee that any use of the Services will result in any desired results for you. Huuk cannot guarantee that all locations are accurate on our maps. Location data, map data, GPS, directions, height/weight restrictions for bridges and tunnels, and other features or content included in or accessible through the Services may be inaccurate or incomplete and may depend on network availability. Any usage or reliance on the information accessible through the Services by you shall be at your own risk and sole responsibility. Huuk assumes no liability for your use of information provided through the Services. You acknowledge and agree to rely on your own judgment and take into account real-world conditions when using the Services. You are responsible for your own conduct and must observe all applicable laws while using the Services. The Services are not intended to be relied upon in situations where precise data is needed or where inaccurate or incomplete data may lead to death, personal injury, or property damage.
You understand that the Services do not show what is actually happening in front of you. Any alerts are merely visualizations of data from the Services and may not reflect actual circumstances. Predicted journey distance, arrival times, routes, gas prices, and points of interest are all estimates. Huuk does not make any guarantees as to the time of arrival, destinations, or locations found on the Services.
Paid Subscriptions
Premium FeaturesThe Services may allow you to purchase one or more paid subscriptions (each a “Subscription”) to enable access to premium features, content, services, discounts, or other benefits (collectively, “Premium Features”). Subscriptions renew automatically until canceled, as provided below.
Subscription TermsEach Subscription requires a pre-paid contract commitment for a specific length of time specified at the time of purchase (the “Subscription Term”). Subscriptions are typically offered on an annual or monthly basis, but we may occasionally offer Subscriptions for different periods of time. Each Subscription Term begins on the date of purchase. Your access to the Premium Features included in your Subscription will begin at the start of the Subscription Term and will end on the last day of the Subscription Term unless your Subscription is renewed (except as otherwise provided in this Agreement).
Automatic RenewalsAfter your initial Subscription Term, your Subscription will automatically renew for an additional Subscription Term of the same length, allowing you to maintain access to the Premium Features conveniently. By purchasing a Subscription, you authorize us to automatically charge your Payment Method upon the end of the initial Subscription Term at the full Subscription price in effect at the time of renewal (plus applicable taxes), without any additional action by you. Promotions and discounts applied to the purchase of your initial Subscription or which may be advertised at the time of renewal are not applicable to automatic renewals.
In order to stop the auto-renewal of your Subscription, you must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Term. If you submit your cancellation request less than 24 hours before the end of your current Subscription Term, your Subscription will automatically renew for the next Subscription Term, and the cancellation will be effective at the end of that renewed Subscription Term.
Lifetime SubscriptionsA “Lifetime Subscription” is a limited offer providing you access to the Premium Features available at the time of your purchase for as long as such Premium Features are available and supported. Your Subscription confirmation will indicate if you have a Lifetime Subscription. We may, at our discretion, stop issuing Lifetime Subscriptions at any time and/or limit participation or eligibility. A Lifetime Subscription may not be transferred to another person and is nonrefundable. We anticipate offering the Premium Features for a long time, but we are not obligated to do so. You understand and agree that a Lifetime Subscription does not guarantee the Premium Features will be available or supported for your lifetime or any other specific period of time. The Lifetime Subscription may not be transferred to another person and is nonrefundable.
Promotional Offers. We may provide offers, codes, coupons, vouchers, or other means (“Offers”) to be used to claim a free or discounted Subscription from time to time. All such Offers expire according to their terms. If no expiration date is provided, such Offers expire six (6) months after issuance. An Offer may not be combined with any other offer or promotion. All Offers are subject to availability and may be withdrawn at our sole discretion. Not all Premium Features or other Services are available in all areas. We may limit offers to certain users or potential users. Offers will be void where prohibited by law.
Payment TermsBy starting your Subscription, you agree to pay the Subscription fee and any applicable taxes. The Subscription fee must be paid in full and in advance of each Subscription Term must be paid in full and in advance. All sales are final. No refunds will be given.
You must provide a Payment Method acceptable to us and our Payment Processor. By providing a Payment Method, you authorize us to charge the Subscription fee to your Payment Method prior to the start of each Subscription Term unless and until your Subscription is canceled in accordance with the terms of this Agreement. You represent and warrant that: (a) the Payment Method information you supply to our Payment Processor is true, correct, and complete, (b) you are duly authorized to use such Payment Method for the purchase; (c) charges incurred by you will be honored by your Payment Method provider; and (d) you will pay charges incurred by you at the posted prices and all applicable taxes, if any.
If we cannot charge your Payment Method for any reason (such as expiration or insufficient funds), and you have not canceled your Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the Payment Method as you may update your Payment Method information. This may change the start of your next Subscription Term and may change the date on which you are billed.
We will notify you of any increase in the Subscription fee price and, if required, seek your consent to continue. If we are not required to seek your consent, you will be deemed to have agreed to the increased Subscription fee price upon renewal of your Subscription or payment of the Subscription fee for the next Subscription Term. If you do not agree to a pricing change, you must cancel your Subscription in accordance with the terms of this Agreement.
We may offer a free trial period prior to charging your Payment Method a Subscription fee for a paid Subscription. If you receive a free trial, you acknowledge and agree a paid Subscription will begin immediately upon the end of the free trial period unless you cancel your Subscription at least 24 hours before the end of the free trial period. You will be notified of the length of the paid Subscription Term when activating your free trial. If you do not cancel your Subscription at least 24 hours before the end of the free trial period, we will charge your Payment Method for the full price of the paid Subscription Term.
Privacy
We care about our Users' privacy. By using the Platform, you consent to having your personal data collected, used, transferred to, and processed in the United States.
Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Links
The Platform may contain links to third-party websites, advertisers, Platforms, special offers, or other events or activities that are not owned or controlled by Huuk. Such third-party websites may include sites that collect and process your credit card information or sites through which you may purchase travel arrangements. Huuk does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or Platforms. If you access a third-party website from the Platform, you do so at your own risk, and you understand that this Agreement and Huuk’s Privacy Policy do not apply to your use of such sites. You expressly relieve Huuk from any and all liability arising from your use of any third-party website, Platform, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods and any other terms (such as warranties), are solely between you and such advertisers. You agree that Huuk shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Indemnity
You agree to defend, indemnify and hold harmless Huuk and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Platform with your unique username, password or other appropriate security code.
No Warranty
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUUK OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HUUK, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT, INCLUDING WITHOUT LIMITATION ANY FLIGHT OR TRAVEL INFORMATION ON THE PLATFORM, IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
HUUK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HUUK PLATFORM OR ANY HYPERLINKED WEBSITE OR PLATFORM, AND HUUK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR PLATFORMS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUUK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL HUUK BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUUK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND/OR (VIII) ANY CHARGES OR FEES INCURRED AS A RESULT OF INACCURATE OR INCOMPLETE TRAVEL INFORMATION, INCLUDING WITHOUT LIMITATION CANCELLATION, HOTEL, OR TICKET-RELATED FEES, RESULTING FROM YOUR USE OF THE PLATFORM. IN NO EVENT SHALL HUUK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HUUK HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HUUK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Huuk without restriction.
General
ArbitrationFor any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification ProceduresHuuk may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Huuk in our sole discretion. Huuk reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Huuk is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.
Entire Agreement/SeverabilityThis Agreement, together with any amendments and any documents referenced herein, shall constitute the entire agreement between you and Huuk concerning the Platform. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No WaiverNo waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Huuk’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at [email protected]
