You have accessed the website of Hibberd’s List. Our address is 1 Vista Court, Englishtown, NJ 07726 (USA). We can be reached via e-mail at info@HibberdsList.org or you can reach our company at 732-625-0755. This User Agreement describes the terms and conditions applicable to your use of Hibberd’s List and refers to registered subscribers ("Subscribers"), persons or organizations which sponsor events listed on Hibberd’s List (“Hosts”) Hibberd’s List)or both ("Users").

Hibberd’s List shall not be liable to Users or any third party should Hibberd’s List modify or discontinue any aspect or feature of the Service. We reserve the right to make changes to our Service, policies, and this User Agreement at any time. Material changes will be posted on the site in this location, and the date of the changes will be noted on the Web site for a period of time. Your continued use of the site after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, you may discontinue being a Hibberd’s List User at any time by sending a corresponding email to info@HibberdsList.org. .

BY COMPLETING THE REGISTRATION PROCESS OR USING THE HIBBERD’S LIST SITE, YOU INDICATE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.

If you are dissatisfied with any part of this User Agreement, your sole and exclusive remedy is to discontinue using the Hibberd’s List Service. If you have any questions, please contact us at info@HibberdsList.org.

2.    Hibberd’s List only lists events 

Hibberd’s List lists descriptions of events on its website, and elsewhere, and provides Subscribers with the ability to search out these events and plan their attendance if desired. While Hibberd’s List attempts to ascertain the identity and purpose of each Host, because user authentication on the Internet is difficult, Hibberd’s List cannot and does not confirm each User's purported identity. We do not control the information provided by other Users that is made available through our system. You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. We encourage you to communicate directly with Hosts or potential event participants. Please use common sense and practice caution when using our Site.

Because we are not typically involved in the actual events promoted through our Service, you release Hibberd’s List (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Users.

Please note that there are also risks of dealing with underage persons holding themselves out as of age or people acting under other false pretenses.

3.    Attending Events

As a subscriber, you are ultimately responsible for your profile information. If you are under age 21, this means in particular that you have to be truthful about your month of birth in order to enable Hosts to exclude you from invitations to events that are illegal for under aged audiences.

If you are planning to attend events directed to mature audiences or where alcohol will be served, you can attend them only if you have reached the legal age in the jurisdiction(s) of the event. In the event that you were invited to the event, if you believe that you should not have been invited because you have stated with your month of birth that you are underage for that kind of event, please inform us about the event. Please inform us also if you think an event is unlawful for any reason.

4.    Promoting an Event to Subscribers

You must be legally able to promote the event(s) you are promoting through us whether for yourself or for your clients. You must truly and fully describe your event and all its terms to us. This includes, in particular, that you may have to inform us of a minimum age in order to inform and/or exclude Subscribers that have not yet reached the legal age for your event. You are responsible to inform us (and any of our Subscribers who have registered for your event) of any relevant changes or cancellations of your event(s). Without limiting any other remedies, Hibberd’s List may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or otherwise illegal activity in connection with our Service. We reserve the right to terminate any account for any reason at any time.

5.    Events

You are not allowed to promote an event through Hibberd’s List if its composition, its theme, its description, or any other feature is discriminatory in violation of law, violates copyrights, trademarks or any other rights. Hibberd’s List does not permit Hosts to place in their event descriptions, advertisements for third-party companies, products, or services unrelated to the promoted event. This does not preclude Hosts from listing companies, products, or services sponsoring the event itself in the event description.

Hibberd’s List has to exercise judgment in allowing or disallowing certain listings in the best interest of the Users. Therefore, Hibberd’s List will not promote or allow promotion of events promoting or glorifying hatred, violence, or racial intolerance, or events that promote organizations with such views. Under this policy, Hibberd’s List may, in its discretion, refuse or terminate the promotion of events when the event or description graphically portrays violence or victims of violence, and lacks substantial social, artistic or political value. Furthermore, Hibberd’s List will refuse or terminate any promotion and suspend the Host(s) involved where it appears that a person convicted of a violent felony is attempting to use Hibberd’s List (directly or indirectly) to benefit financially from his or her criminal notoriety.

6.    Fees and Services

Subscribers use the Hibberd’s List Service at the subscriptions rates advertised in this website. We reserve the right to offer members of certain groups a discount on these fees and to change our fee structure at any time. Hosts may pay Hibberd’s List a fee for including their events in the list or for forwarding invitations to their events, in particular for forwarding invitations to subscribers who are not part of their distribution list, and for additional services. We also reserve the right to accept a success-based payment (e.g., per subscriber making a reservation). Our fees for forwarding invitations to subscribers that are not part of your distribution list vary over time and region and may also depend on the technical form (e.g., exclusive distribution vs. aggregation with other invitations) of your invitation. When you promote an event, you have an opportunity to review and accept the fees that you will be charged for the use of our Services. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and our website, as well as all applicable taxes.  

7.    User Accounts, Passwords, Security and Un-subscriptions

Once you become a Subscriber to the Service, you will receive a password and an account. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following the relevant instructions; you may also set up a new account at your convenience. Every Subscriber agrees to immediately notify Hibberd’s List of any unauthorized use of his or her account or any other breach of security known to the User.

Our Services are not available to children under the age of 18 or to temporarily or indefinitely suspended Hibberd’s List Users. We reserve the right in our sole discretion to refuse Service, terminate accounts, remove or edit content, or cancel promotions at any time. If you do not qualify for any reason, please do not use our Services.

To unsubscribe, simply send an email with "unsubscribe" in the subject line to info@HibberdsList.com. We will deactivate your account, contact information, and financial information from our active databases. However, unless your request was made within 5 days of the date of your subscription, no refunds will be made. In some rare cases, you might still receive emails reminding you of events or changes/cancellations of events that you were invited to before your cancellation.  

8.    A License to Access Our Site

Hibberd’s List grants you a limited license to access and use our List and this Site. You may not download (other than page caching) or modify the site, or any portion thereof, except with the express written consent of Hibberd’s List. For such consent, please e-mail us at publisher@HibberdsList.org. Although you can use Hibberd’s List to promote events on behalf of your clients, this license does not include any further resale or commercial use of this Site or its contents; any collection and use of any event listings or descriptions; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hibberd’s List. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hibberd’s List without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hibberd’s Lists’ name or trademarks without the express written consent of Hibberd’s List. Any unauthorized use terminates the permission or license granted by Hibberd’s List. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hibberd’s List so long as the link does not portray Hibberd’s List, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

9.    Content

Hibberd’s List is a distributor of content supplied by Hosts, coordinators, promoters and other third parties. Hosts are solely responsible for any data, text, software, music, sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by them through the Service. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity from which such Content originated. This means that each Host, and not Hibberd’s List, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Service. Hibberd’s List attempts to control but cannot insure the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. As a Subscriber, you may be exposed to Content posted by Hosts that may be offensive, indecent or objectionable to you.

Under no circumstances will Hibberd’s List be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

Solely in order to enable Hibberd’s List to use the information you supply us with (so that we are not violating any rights you might have in that information), you agree to grant Hibberd’s List and its successors a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content that you supply to us, in any media now known or not currently known, with respect to that Content. Hibberd’s List will only use your Content in accordance with our Privacy Policy. Hosts also grant Hibberd’s List the right to authorize the downloading, printing, and, if not explicitly stated otherwise, email forwarding in whole or in part of any Content that you have posted to the Hibberd’s List website or through the Service, by Subscribers for their personal use.

10.    Links to Other Sites

The Hibberd’s List Site and Emails contain links to other websites, resources and advertisers. Hibberd’s List is not responsible for the availability of these external sites and never does it endorse nor is it responsible for any of the content, advertising, or other materials on such external sites. Under no circumstances shall Hibberd’s List be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, in connection with the use of or reliance on any content, goods or services available on any external site. Any concerns regarding any external link should be directed to the external site's administrator or webmaster.

Hosts may be able to place a simple link to another web page in the description portion of their listing to help provide more information about their event or to direct invitees to other websites for the purpose of RSVP'ing online. However, the following links are not permitted: links to other event direct-marketing services; links to information about events that are prohibited on Hibberd’s List; links to sites that are unlawful for the invited audiences; and links to sites to which the Host does not have permission to link.

11.    Our Copyright Policy

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Millennium Publishing and/or Hibberd’s List, Hosts or Hibberd’s Lists’ content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Millennium Publishing and protected by U.S. and international copyright laws. All software used on this Site is the property of Hibberd’s List or its software suppliers and protected by United States and international copyright laws.

Hibberd’s List respects the copyright and intellectual property rights of others and insists that our Users respect those rights as well. Any copyrighted material posted on the Hibberd’s List Site or distributed through Email is intended for the personal use of subscribers only. Commercial distribution, performance, public display and/or commercial use of any of these materials is strictly prohibited. You may not reproduce, modify, or otherwise use this Content in any other way without the written consent of Hibberd’s List. You may, however, forward Email messages in their entirety if not stated otherwise in the Email message. Materials that infringe or appear to infringe on the proprietary rights of others may be removed by Hibberd’s List in its sole discretion. In addition, Hibberd’s List may terminate the accounts of Users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that your copyright in any material has been infringed on our Site or in Emails sent through Hibberd’s List, please notify us at publisher@HibberdsList.org or at 1 Vista Court, Englishtown, NJ 07726. You must provide us with the following information, which we will then forward to the alleged infringer:

Identify the copyrighted work that you claim has been infringed; identify the material on our Site or in Emails sent through us that you claim is infringing, with enough detail so that we may locate it in our data; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and your physical or electronic signature.   

12.    Trademarks

“Hibberd’s List” and other marks indicated on our Site are registered trademarks of Millennium Publishing, 1 Vista Court, Englishtown, NJ 07726 in the United States. Logos on our Site and other Hibberd’s List graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Millennium Publishing. All other trademarks not owned by Millennium Publishing that appear on this Site or in Email sent to you through Hibberd’s List are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hibberd’s List.

It is generally permissible for you to refer to Hibberd’s List on your website, in event listings or in advertisements in a descriptive manner. You should not refer to Hibberd’s List in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by Hibberd’s List without written consent of Hibberd’s List.

13.    More on User Conduct

Hibberd’s List reserves the right, but does not assume any responsibility, to monitor or review User conduct on the Service. Users' use of the Service is subject to all applicable local, state, national and international laws and regulations. Users agree to the following conditions: (1) not to use the Service for illegal purposes (including, but not limited to, gambling or betting); (2) not to interfere or disrupt networks connected to the Service; and (3) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Users' conduct is subject to Internet regulations, policies and procedures. Users agree NOT to:

• Transmit or upload any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
• Harvest or otherwise collect information about others, including email addresses, without their consent;
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a User of the Service any directory of Hibberd’s Lists’ Users or other User or usage information or any portion thereof other than in the context of your use of the Service as permitted under this User Agreement;
• Publish, distribute or disseminate any libelous, threatening, inappropriate, profane, defamatory, infringing, indecent, unlawful, harassing, abusive, harmful, vulgar, obscene, sexually explicit, false, inaccurate, misleading or otherwise objectionable material or information;
• Defame, abuse, harass, stalk, threaten or in any way violate the legal rights (such as rights of privacy and publicity) of others;
• Violate any applicable local, state, federal or international law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
• Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  Invade another's privacy or violate rights of publicity or intellectual property rights (including, but not limited to, copyright, trademark and patent rights) while using the Service;
• Create a false identity for the purpose of misleading others as to the identity or age of the User or the origin of Content;
  Interfere with another User's use and enjoyment of the Service;
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
• Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
  Engage in any other conduct which, in Hibberd’s List sole discretion, is considered unauthorized, objectionable, or unlawful.

Users agree not to use Hibberd’s List for chain letters, junk mail, surveys, contests, pyramid schemes, "Spamming" or for any use of distribution lists to any person who has not given specific permission to be included in such a process. Any email advertisement that is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Hibberd’s List. If any Host uses the Service for Spam, Hibberd’s List reserves the right to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact us at publisher@HibberdsList.org.

14.    Privacy

It is Hibberd’s List policy to respect the privacy of its Users. Hibberd’s List will only disclose Users' Data, the contents of Users' private communications, or the contact information of Hosts' guests only if required to do so by law, or as otherwise stated in Hibberd’s Lists’ Privacy Policy, or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Hibberd’s List or Millennium Publishing; (2) protect and defend the rights or property of Hibberd’s List; or (3) act under exigent circumstances to protect the personal safety of its Users or the public. A Subscriber's ability to access his or her personal information is limited to that information contained in that Subscriber's account profile, which the Subscriber can update or change at any time by visiting his or her Subscriber's Account Profile page. Users consent to the use of their information as described in the Privacy Policy. Please see Hibberd’s List Privacy Policy for more information.

15.    Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Hibberd’s List, 1 Vista Court, Englishtown, NJ 07726 (for User notices to Hibberd’s List) or to the email address you provide to Hibberd’s List during the registration process (for Hibberd’s List notices to Users). Notice shall be deemed to be given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If you are a Host, we may alternatively give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Hibberd’s List during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

16.    Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable costs and attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of any third party.

17.    No Warranty

Users expressly agree that use of the Service is at their sole risk. Hibberd’s List Services are offered on an "as is" and "as available" basis. Hibberd’s List makes no representations or warranties of any kind regarding the Content of this Site and our related Email services. Under no circumstances will we be liable to any party for any direct, indirect, special, punitive or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information), or any other damages arising in any way out of the Content included within a Hibberd’s List Email, as part of the Site, or undelivered Email messages, even if Hibberd’s List or Millennium Publishing shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of any Content.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights; you may also have other legal rights that vary from state to state. 

18.    Liability Limit

In no event shall we or our suppliers be liable for any direct, indirect, incidental, special or consequential damages or lost profits arising out of the use of or inability to use the Service, even if Hibberd’s List has been advised of the possibility of such damages, resulting from the use or the inability to use the Service. Our liability, and the liability of our suppliers, to you or any third parties in any circumstances is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

19.    No Agency

You and Hibberd’s List are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20.    Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Service and your planning and your attendance of events promoted through this Service.

21.    Arbitration and Form Selection

Any legal controversy or legal claim arising out of or relating to this Agreement or our Services, excluding legal action taken by Hibberd’s List to collect our fees and/or recover damages for, or obtain an injunction relating to, the Hibberd’s List Site operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Newark, New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Hibberd’s List may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey necessary to protect the rights or property of you or Hibberd’s List pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover reasonable attorneys fees and costs up to $3,000.00.

22.    Breach

Without limiting other remedies, we may immediately issue a warning, temporarily refuse, or indefinitely refuse to provide our Services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our Users or us.

23.    Other

This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Hibberd’s List, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the complete and entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Release), 7 (Fees and Services) with respect to fees owed for our Services, 10 (License), 17 (Indemnity), 19 (Liability Limit) and 22 (Arbitration) shall survive any termination or expiration of this Agreement.