Terms and Conditions

Houston Press, LP
Last Updated: December 11, 2019

TERMS AND CONDITIONS

These Terms and Conditions govern the relationship between Houston Press and each donor, including the terms on which donations may be accepted, refused, or returned by Houston Press. Donations will only be accepted in the form of a one-off/single or monthly/annual recurring payment made directly to Houston Press as described in these Terms and Conditions.

1. AGREEMENT

By making a donation, a donor agrees and acknowledges that:

The donation is provided to Houston Press as an irrevocable gift, subject to any exercise of the donor’s right to receive a refund as described below and Houston Press’s right to return any donation at its discretion.

The donation may be used by Houston Press for any purposes and/or to support its operations in any/all areas of its business such as editorial; and the donation is made subject to these Terms and Conditions, which shall constitute a legally binding agreement between the donor and Houston Press (the "Agreement"), entered into by each party in consideration of the other’s obligations under these Terms and Conditions.

2. REGISTRATION

If you decide to register and contribute, you agree to provide accurate and up-to-date information about yourself, as required by the relevant registration or contribution process. You agree not to attempt to use the registration under the name of another person. It is your responsibility to keep the password of your account condential, to promptly notify us of any unauthorized use of your account, whether found or suspected, and to take all reasonable steps necessary to prevent such a situation from occurring again.

3. RECURRING CONTRIBUTION PAYMENTS

You agree to pay your selected contribution amount on a monthly or annual basis.

You must provide us with complete and accurate payment information at the time you agree to pay a recurring monthly contribution. Payment for your recurring contribution can be made by credit or debit card.

Your payments will be taken on a monthly or annual basis and your recurring contribution will continue unless and until it is ended by either of us in accordance with the provisions of section 6 (Refunds and Cancellation of Contributions).

4. CONDITIONS

Donations will be accepted from individuals as well as any other legal entities (such as companies).

Donors who are individuals must be aged 18 or over and United States residents. All other donors must be incorporated, established and/or registered in the United States (as applicable).

5. ADMINISTRATION OF CONTRIBUTIONS

All donations to Houston Press shall be made through the donations page on www.houstonpress.com/contribute (the "Houston Press Website"). Donations will be accepted by Houston Press for the period during which the donations page is live on the Houston Press Website.

Donations received by Houston Press will be deposited in one or more bank accounts in the name of Houston Press together with other Houston Press funds. Each donation will be identifiable by a unique merchant identification number and accounted for separately by Houston Press.

From the moment the donation is processed, Houston Press will be legally and beneficially entitled to the full amount of the donation and the donor has no entitlement to the return of a donation in any circumstances other than as specified in these Terms and Conditions.

The donor shall receive benefits as outlined here:

Donor:

1. Access to purchase pre-sale VIP Event tickets.
2. Automatically entered into VIP ticket giveaways for each event. This is only available to Houston Press "Donors" and "Members."

Member:

1. Access to purchase pre-sale VIP Event tickets.
2. Automatically entered into VIP ticket giveaways for each event. This is only available to Houston Press "Donors" and "Members."
3. Use of Houston Press’s Website in an ad-free experience. Houston Press will do its best to provide a 100% ad-free experience for Members. There may be products or situations where we are contractually obligated to show a partner advertisement. Members will also have the option of using the mobile progressive web application, which will have one partner advertisement per page, with all other ads removed.

Houston Press is a for-profit business and donations will be used to support its operations and not dedicated for any charitable purpose. Donations to Houston Press are not charitable donations under the laws of the United States and, as far as Houston Press is aware, donors shall not be entitled to any charitable contribution deduction in respect to their donations under either United States federal or state law or the laws of any other jurisdiction worldwide.

6. REFUNDS AND CANCELLATION OF CONTRIBUTIONS

Houston Press reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with the mission, values or interests of Houston Press, or where, with regard to the source of the contribution or intentions of the contributor, Houston Press believes that accepting the contribution could damage the independence or reputation of Houston Press or adversely affect the relationship of Houston Press with other contributors or stakeholders.

Donors shall be entitled to receive a refund of their contribution for up to 14 days after receipt of payment by notifying Houston Press by email at [email protected]. Any requests for a refund of a contribution received by Houston Press following expiration of the 14-day period will be ineligible.

Any refused and/or returned contributions shall be repaid into the account from which the contribution was made.

Recurring contributions can be cancelled at any time. Simply email [email protected]. Cancellation requests will be confirmed within 48 hours.

7. TRANSPARENCY OF CONTRIBUTIONS

Houston Press reserves the right to:

Request the full name and contact details of the contributor;

Request from the contributor any other information that it considers to be necessary or desirable to determine the provenance of the contribution;

Undertake any further investigations it deems fit to determine the provenance of the contribution.

If the contributor refuses to provide information requested by Houston Press under clause 5.1, Houston Press may refuse and return the contribution to the contributor at its discretion.

8. CONFIDENTIALITY AND PUBLICITY

Contributors shall not be entitled to publicise their contribution or otherwise market themselves or any connected person or business in connection with their contribution, except with the prior written consent of Houston Press and then only if the contributor complies with any relevant policies, procedures or requirements of Houston Press.

9. DATA PROTECTION AND PRIVACY

If a contributor opts in to receive information relating to offers from Houston Press via the email address supplied by the contributor then he or she may unsubscribe at any time by updating their account profile.

Any personal information about a contributor obtained by Houston Press as a result of a contribution being made will be used in accordance with the Houston Press privacy policy, available at https://www.houstonpress.com/about/privacy-policy. By making a contribution, the contributor accepts the terms and conditions of the privacy policy.

10. EXCLUSION OF LIABILITY

Neither Houston Press nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by any donor or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.

11. MISCELLANEOUS

A failure of Houston Press to assert a right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

This Agreement constitutes the entire agreement between the contributor and Houston Press in respect of any contributions made by the contributor.

These Terms and Conditions are not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999.

12. CUSTOMER SERVICES

If you have a query or complaint about your contribution, please contact us using the contact details below:

Email: [email protected]