Commercial User Agreement

Updated: 11/22/17

This agreement (Agreement) as of the date of User execution below is between Hoot Media Labs LLC, a Texas LLC registered to do business in Illinois, (Provider) and the commercial user operating a restaurant, bar, or entertainment organization executing this Agreement below (User).  Provider will provide the services described below (Services) according to the terms of this agreement in exchange for the mutual promises exchanged herein and the payments required.

I.  Services. 

Provider offers two levels of subscription services to Users through the Current mobile application (App):  BASE and CURRENT SELECT.  The services allow User to directly and indirectly interact with private consumer users of the App (Private Users).

BASE Subscription Features:

1.    Access to an administrative online dashboard for up to 5 persons to facilitate access to the other features.

2.    Ability to create up to two promotions per day consisting of customized events at User’s establishment or special offers to Private Users (Promotions).  Users must adhere to Provider guidelines and requirements concerning Promotions communicated to Users from time to time via email, telephone, website updates, in-App messages to User, or in Provider’s Terms of Use and Privacy Policy.  Current guidelines and requirements are detailed in the initial subscriber welcome email. 

3.    Ability to communicate with Private Users who select User as an establishment from whom to receive messages (Followers) by posting events, special offers, videos, and images (Content).  Posted Content is subject to the Provider’s Terms of Use and Privacy Policy.  User is solely responsible for its content posted on the App.

4.    Promotions and Content may be posted by User to the public Discovery Feed (a live stream of internet-based communications between Private Users and Provider, Users, and each other).

5.    If User is followed by the choice of a Private User, User may send Promotions and Content directly to the Private User to the Private User’s in-App inbox.  Private Users may set their own preferences to be alerted via notification with regards to messages received in the in-App inbox.  To prevent spam, the maximum number of messages per day will be two.

6.    BOOSTS:  Fee based preferred placement of Promotions on the Discovery Feed for a one-time fee based on placement options.  Boosts are for a specific day beginning at 6 a.m. day of Boost through the following day at 6 a.m.  Boosts are subject to approval confirmed via either email or in-app notification with a message the BOOST has been approved and is live and viewable.

7.    RSVP Functionality:  Users can enable or disable RSVP registration by Private Users for specific Promotions creating an automatic guest list viewable by the User and usable to check in Private Users that have arrived at the establishment or have received the special offer.

8.    Chat and Messaging with Private Users:  Private Users may initiate communications directly with Users via the Chat and messaging features within the App.  Users may not initiate communications with Private Users.

9.    Stats:  Statistics and analytic tools are available including:  followers, number of impressions, click-throughs (Private User actions applied to User communications though the App), messages, and demographic data (age and gender).

CURRENT SELECT Subscription Features:  All the features of the BASE Subscription plus:

1.    Ability to create subgroups within followers and to customize those subgroups by manually adding and removing Followers.

2.    Ability to send Promotions and Content only to specific subgroups, specific age ranges, and/or specific genders.

II.  Pricing and Payment.  

The BASE Subscription is $30 per month.  The CURRENT SELECT Subscription is $50 per month.  The price for each BOOST is displayed at the time the BOOST is requested.  The term of each subscription begins on the day the User subscribes.  Payment must be made by credit card.  User is required to keep a valid credit card with current information on file with Provider at all times.  User authorizes Provider in advance to charge the credit card on file each month unless prior valid notice of termination is given.  User reserves the right to change pricing with thirty days advance notice and to change or add services and features as they become available.

III.   Termination. 

User may terminate the subscription by providing thirty days advanced notice to Provider, by giving notice via email to Provider.  Provider may terminate User or suspend User’s services at any time for any breach of this agreement including nonpayment or breach of the Terms of Use or Privacy Policy.

IV.    Representations and Warranties of User. 

User represents and warrants that User:  is a business and not a private individual; is solely responsible for compliance with all municipal, county, state, and federal laws, rules, and regulations with respect to alcohol consumption; and has read, understands, agrees with, and will abide by the Terms of Use and Privacy Policy as modified from time to time and posted on Provider’s website at and respectively the terms of which are hereby each incorporated by reference and made a part of this Agreement.

Additional Clauses

VI.    This Agreement and the performance hereunder shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules.  The sole and exclusive venue and exclusive forum for any suit brought by either Party against the other arising out of this Agreement (including, but not limited to, any suit for enforcement of this Agreement) shall be the Texas state district courts in Houston, Harris County, Texas or the United States District Courts for the Southern District of Texas Division. 

VII.  This Agreement reflects the entire agreement between Provider and User with respect to the subject matter addressed herein.  All prior agreements, understandings, and representations, whether written or verbal, as to the subject matter of this Agreement are now void and of no force or effect.  If any provision contained in this Agreement is determined to be void, illegal, or unenforceable, in whole or in part, such shall not affect the remainder of the Agreement which shall be construed as if the provision determined to be void, illegal, or unenforceable had not been included in the Agreement. 

VIII.   This Agreement shall be binding upon the successors, representatives, and assigns of each of Provider and User.  The parties expressly agree that Provider’s rights and obligations under this Agreement may be transferred or assigned, and User agrees to be liable to any successor or assignee as if the transfer or assignment had not occurred. 

XI.    The failure by Provider to require performance of any provision shall not affect that Provider's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract by Provider constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

XII.  The Developer may at any time modify the nature of the App. You understand that this may require interruption of service without notice. You also understand that maintenance to the application will occur and may interrupt service. In the case that technical issues arise, you understand that service may be disabled for an unforeseen time. Provider will not be held responsible for any lost information, including but not limited to: lot promotions, advertisement, or revenues due to technological issues. Provider in exchange will attempt to resolve potential issues in a reasonable amount of time, but does not provide an official time frame for repair. You also understand that the Developer may decide to discontinue and terminate the operation of the App at any time.  Prepaid accounts will be settled on a pro-rata basis.