Terms of Use

By using the website www.guestqueue.com (the “Site”), you automatically indicate your understanding and acceptance of the following terms and conditions (the “Agreement”):

General

Website

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, or its content. You agree not to add to, subtract from, or otherwise modify the Site or any content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of any third party.

Service

In order to use any service of GuestQueue (the “Service”) you have to open an account (the “Account”). You agree that registration for an Account and therefore the use of the Service are – if not explicitly agreed otherwise – subject to a subscription fee and additional terms and conditions.

Data

GuestQueue explicitly agrees not to share any details of your uploaded data (e.g. details of the subscriber, names and contact details of any guests) (all such data together the "Guest Lists") with any third party.

Communication

You agree that you will not use the Service to send any emails and/or text messages to unsolicited addresses/recipients. This includes any individual who has communicated that your emails and/or test messages are unwanted. You agree that all emails and text messages (send to your guests and to any third party) that are used in conjunction with the Service were obtained specifically for the purpose of receiving correspondence from you, and are being used with explicit permission for that purpose. GuestQueue is not responsible for the content of emails and text messages sent to guests and to any third party by using the Service. GuestQueue offers reasonable effort with respect to the delivery of your emails and text messages when using the Service. However, GuestQueue offers no guarantees to the deliverability of your emails and text messages. GuestQueue is not responsible for any actions of those who receive emails and/or text messages, issued by using the Service.

Term

This Agreement is effective for an unlimited period unless and until earlier terminated as set forth herein. GuestQueue may terminate this Agreement with immediate effect if you fail to comply with any of the terms and conditions described in this Agreement.

Copyright

The Site and its content including the brand and the Service are protected by the respective copyright laws, and belong to GuestQueue.

Monitoring, Information Collection and Data Usage

All actions performed while using the Service and the Site are subject to monitoring and recording by GuestQueue. The information collected by said monitoring may be used for any legal purposes defined in this Agreement, including, but not limited to, providing cooperation with law enforcement authorities and for GuestQueue's marketing and sales activities. All user sessions, emails and text messages sent may be recorded and logged with the respective Account information, IP addresses and time/day stamps. GuestQueue will not share your data (e.g. Guest Lists, log in information etc.) with any third party. Any collected data will be used to control the general usage of the Service and to improve the quality of Service (e.g. pricing, features) and for further marketing and sales activities.

In addition, please see ‘GuestQueue’s Privacy Policy’!

Uploaded Data and Intellectual Property and Rights

You understand and agree that any content and data (including, but not limited any Guest Lists), which you upload, store, use, and transmit by using the Service is owned or fully legally licensed to you, and is non-confidential in nature to any party.

You agree and understand that GuestQueue reserves complete title and intellectual property rights in the Service and the Site and in all information, writings, images and other works that you use, see, hear or otherwise experience on the Site and/or when using the Service.

Right of Admission

The venue and event organizer reserve the right of admission. At their discretion they may refuse entry to individuals for reasons presented but not limited to:

Account – Subscription - Payments – Service Access

By opening an Account (registering for a username/password), subscribing for the Service, and paying a service fee (the “Service Fee”) you are allowed to use the respective Service for a certain period of time. In case of payment by credit card, a third party credit card service provider is handling the payment process. The Service Fee will be charged in USD (United States Dollars). “GuestQueue” will appear on your credit card statement. At the time of checkout, GuestQueue will obtain an authorization from the credit card you have provided. Once GuestQueue receives the credit card authorization, GuestQueue will grant you access to the Service. Access to the Service will generally be granted after receipt of the Service Fee on our account.

If you have any questions about payments, charging and Service Fee, please contact us directly at payments@guestqueue.com. If you dispute any charges on your card without speaking to us first, your Account might be suspended and all data (including Guest Lists) may be deleted with immediate effect.

GuestQueue reserves the right to charge and/or increase the Service Fee for access to the Service at any time. However, in no event will you be charged for access to the Service unless GuestQueue obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred.

GuestQueue shall not be liable whatsoever for any damages incurred by or in connection with such add-on Services subject to the terms of this Agreement. You are aware that GuestQueue may use third parties in order to provide the respective add-on Services.

Pricing (Service Fee) – Services

Service Fee

Once you have paid the Service Fee, GuestQueue will grant you access to the Service. By paying the Service Fee, GuestQueue will grant you access to use the Service as follows:

Upgrades are available and are calculated based on daily price then multiplied by the amount of days in the current subscription.

Manual alteration between Service plans is not available. Users that wish to downgrade Service plans must wait until their current subscription expires.

Pay As You Go

SMS/Text Credits

SMS/Text messaging is an add on service and must be purchased separately from the Service Fee. Text messages do not expire as long as your account is active.

GuestQueue does not guarantee the delivery of any sent text message.

GuestQueue does not provide a cancellation period for any subscription or credit services. Accordingly your purchase cannot be cancelled once paid and will not be refunded if not used. However, if you believe that GuestQueue has charged you in error, you must contact us within 10 days of such charge. No refunds will be given for any charges more than 10 days old. GuestQueue reserves the right to refuse refund requests, if you are in breach of these terms and conditions under this Agreement. This refund policy does not affect your statutory rights.

SMS Marketing

You represent and warrant that the owners of the phone numbers you initiate messages to through the GuestQueue services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages to any individuals after they request DNC status.

You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the GuestQueue Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the GuestQueue Services by visiting the following websites:

The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and SMS or MMS messages. GuestQueue is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the GuestQueue Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages.

You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the GuestQueue Sites or Services.

You accept that the Services are provided for professional use only, and you agree that your use of the GuestQueue Sites or Services shall not include:

You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that GuestQueue is, under no circumstances, responsible for the contents and/or accuracy of your messages and GuestQueue will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You are solely responsible for providing the content of all messages initiated by you through the Services. GuestQueue will not be liable for any misuse of the Services by you. GuestQueue is not responsible for the views and opinions contained in any of your messages or broadcasts.

Active and Inactive Account, Renew of Service, Termination

Once the status of the Account is inactive, you do not have access to any of your data, e.g. Guest Lists. GuestQueue may permanently delete any inactive Accounts and any thereto related data (incl. Guest Lists) at any time at their sole discretion.

The early termination of the Service before the end of the respective subscription period by you is not available. Further, in the event that your Account is cancelled for violation of the terms and policies as stated in this Agreement, you will not be refunded.

GuestQueue shall have no liability whatsoever to you or any third party due to said deletion of data and any cancellation and/or termination. You understand that, after the termination and deletion of the data in accordance with the aforesaid, none of your data will be recoverable.

Hosting

GuestQueue does not provide any web hosting services. The Site, its database and the Service are hosted by a third party web host provider (i.e. Linux Distribution). GuestQueue shall not be liable whatsoever for any damages incurred by or in connection with the third party web host provider.

Disclaimer of Warranties

GUESTQUEUE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT. GUESTQUEUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GUESTQUEUE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. GUESTQUEUE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. GUESTQUEUE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE ONLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL GUESTQUEUE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) THE LOST OR DAMAGE OF YOUR UPLOADED DATA (INCLUDING, BUT NOT LIMITED TO ANY GUEST-LISTS), OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF GUESTQUEUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE SERVICE.

BECAUSE THE APPLICABLE LAW MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH CASE, GUESTQUEUE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 (ONE HUNDRED US DOLLARS) IN TOTAL.

Indemnification

You understand and agree that you are personally responsible for your behaviour on the Site and your use of the Service. You agree to indemnify, defend and hold harmless GuestQueue, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site and the Service, or any violation by you of this Agreement.

Password Security

If you open an Account and subscribe for the Service that GuestQueue provides through the Site, you are responsible for maintaining the confidentiality of your identification (username) and password information, and for restricting access to your computer (including any telephone devices). You agree to accept responsibility for all activities that occur under your identification and password.

No Rights or License

You are granted no rights or license to any software by this Agreement. You understand and agree not to, directly, or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, remove any notices, labels or advertisement from the Site and the system. You also agree not to modify, translate, or create derivative works based on any aspect of the Site, the Service and the system. You understand that you have no rights to copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site, the Service and the system or any of its components.

Links to Third Party Web Sites / Linking to this Site

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by GuestQueue of the third party, the third party web site, or the information contained therein. GuestQueue is not responsible for the availability of any such web sites. GuestQueue is not responsible or liable for any such web site or the content thereon. If you would like to link to the Site, you must follow the following guidelines: Unless specifically authorized by GuestQueue, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page, and you may not mirror or frame the home page. You may link to your accounts guest sign up page and you may insert the iframe code to your website (These specifications and links are found in your public pages page in your account).

GuestQueue’s Privacy Policy

This privacy policy applies to the use of the Site and the Service, and its terms are a part of this Agreement. Additionally, by using the Site and the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The following statement explains our policy regarding the personal information we collect about you. From time to time, you will be asked to submit personal information about yourself in order to receive or use the Service on our Site. By entering your details in the fields requested, you enable GuestQueue to provide you with the Service. GuestQueue takes your privacy very seriously. GuestQueue does not sell or rent your contact information to other people. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for law enforcement, or other issues of public importance, disclosure is necessary. You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

As is standard practice GuestQueue may use "cookies" (including flash cookies which are different from browser cookies because of the amount of, type of, and how data is stored) and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We use cookies and other technologies to study traffic patterns on our websites, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. If, however, you prefer not to enable cookies, please disable cookies. Please note that certain features of the websites may not be available once cookies are disabled. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data.

From time-to-time, GuestQueue may also engage third parties to track and analyze usage and volume statistical information from individuals who visit GuestQueue's websites.

GuestQueue may also use cookies delivered by third parties to track the performance of GuestQueue's advertisements. For example, these cookies remember which browsers have visited GuestQueue's websites. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after GuestQueue receives it.

GuestQueue may also contract with third party advertising networks that collect IP addresses and other information from GuestQueue's websites, from emails, and from other third party websites. Advertising networks follow your online activities over time by collecting website navigational information through automated means, including through the use of cookies. It is used to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. In general, it also helps GuestQueue manage and track the effectiveness of its marketing efforts.

If at any time you feel GuestQueue acts in violation of this privacy policy, please contact us immediately.

Entire Agreement / No Waiver / Assignment

These terms and conditions constitute the entire Agreement of the parties with respect to the use of the Site. However, for the use of the Service, the terms and conditions might be amended. The amended terms and conditions will constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by GuestQueue of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. GuestQueue is entitled to assign this Agreement (including the Service) to any third party at any time without any prior notification and/or consent.

Correction of Errors and Inaccuracies

The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. GuestQueue therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. GuestQueue does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Changes to this Terms and Conditions

GuestQueue may change this terms and conditions from time to time. If we change this terms and conditions at some point in the future, GuestQueue will post the changes on the Site and by continuing to use the Site and the Service after GuestQueue has posted any changes, you accept and agree to the new terms and conditions, as modified.

Of course, the use of information gathered while the current terms and conditions – especially the current privacy statement – are in effect will always be consistent with the current terms and conditions and the privacy statement, even if we change e.g. the privacy statement later.

Enforcement / Governing Law / Place of Jurisdiction

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

Any and all disputes relating to this Agreement, your use of the Site, the Service, or the content are governed by, and will be interpreted in accordance with, the state laws of California..