Table of Contents
User terms and conditions
Always The VIP, LLC. and the Site provide interactive online products and services that are facilitated and controlled by Always The VIP, LLC. and/or third party event organizers, venues, promoters, artists, brands, affiliates or otherwise (“Merchants” and/or “Organizers”). Some of these products and services consist of third party information services, content and transaction capabilities that are facilitated through Always The VIP, LLC.
In order to gain access to some of these products and services such as Special Offers and/or Event Tickets you must register for a Always The VIP account. An account is required so we can collect the information necessary to store your Special Offers and/or Event tickets, personal settings and track the usage of your Special Offers and/or Event Tickets.
This Agreement sets forth the T&C that apply to the use of this Site by you the User. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your account information Including password(s) and other sensitive data, if any. Your acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Always The VIP, LLC., and Always The VIP LLC. shall not be responsible for any data lost while transmitting information on the Internet. While it is Always The VIP, LLC.’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason Including, without limitation to, routine maintenance, third party service outages, connection disruptions and Site functionality. You understand and acknowledge that due to circumstances both within and outside of the control of Always The VIP, LLC., access to the Site may be interrupted, suspended or terminated from time to time with out notice.
Always The VIP, LLC. shall have the right at any time to change or discontinue any aspect or feature of the Site, Including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Always The VIP, LLC. may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
- Modified Terms.
- Your User Account.
By creating a User Account to participate in certain activities and to obtain certain services offered by Always The VIP, LLC., you will be asked to provide varying amounts of personal information (“User Data”) Including, but not be limited to, you name, email address, city of residence, zip code, birthday, IP Address and other general information. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, Including, without limitation, all actions by individuals you share your account information with. You agree to (a) immediately notify Always The VIP, LLC. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Always The VIP, LLC. cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Always The VIP, LLC. shall be the sole arbiter of such dispute in its sole discretion and that Always The VIP, LLC.’s decision (which may Include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
- Facebook Connect
Always The VIP, LLC. provides you the opportunity to interact with this Site via your Facebook account.
If you are not currently registered as a Always The VIP, LLC. User and you use the Site’s Facebook connection functions, you will first be asked to enter your Facebook credentials and then be given the option to register and join Always The VIP, LLC. Once you register with Always The VIP, LLC. and connect with Facebook, you will be able to automatically post recent Always The VIP, LLC. activity back to your Facebook wall. Please refer to the privacy settings in your Facebook account to manage the performance of your Facebook account.
- Registration Obligation
To be a registered user of the Site, whether as a general user or Ticket Buyer, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “User Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or Incomplete, or Always The VIP, LLC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or Incomplete, Always The VIP, LLC. in its sole digression has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Site (or any portion thereof).
- User Data
In addition to the information you willingly provide, Always The VIP, LLC. may also collect information during your visit to the Site through our automatic data collection tools, which may Include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to Always The VIP. LLC. such as your browser type and language, access times, and the address of the website from which you arrived at the Site. They may also collect information about your Internet Protocol (IP) address, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Always The VIP, LLC. Site) and product information. Always The VIP, LLC. may also use some of these automatic data collection tools in connection with certain emails sent from Always The VIP, LLC., and therefore may collect information using these tools when you open the email or click on a link contained in the email. In order to better serve you and present you with relevant data, Always The VIP, LLC. may obtain your location data. If you would not like to share your Location Data please refrain from the Site.
Always The VIP, LLC. uses User Data information to better meet User needs, to respond to specific requests for information, to send promotional materials, and to make you aware of new or similar products or offerings in which you might be interested.
- Notifications and Newsletters
As a registered user, Always The VIP, LLC. reserves the right to send you email communications from time to time regarding promotions, product and company updates, technical or administrative issues, legal notices, promotional offers or other important information about the Site and products and service of Always The VIP, LLC. considered valuable or essential to your continued ability to use them properly. Always The VIP, LLC. does not intentionally send unsolicited emails to anyone who has requested that Always The VIP, LLC. not contact them.
By accepting these T&C you acknowledge that you may receive promotional communications and emails from Always The VIP, LLC. If you would like to opt completely out of receiving communications and any emails from Always The VIP, LLC. you may notify the company that you do not wish to receive any future messaging at [email protected] The VIP.com.
- User Devices.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Always The VIP, LLC. shall not be liable for any damages to the User’s equipment resulting from the use of this Site.
- User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Affiliate”) are private property. All interactions on this Site and/or the Affiliate must comply with these T&C. Although we welcome and encourage user interaction on our Site, we do insist and require that all Users restrict any and all activity in connection with the use of this Site and the Affiliate to that which involves lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Always The VIP LLC.’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Always The VIP LLC.’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the Affiliate is strictly prohibited. User shall not use this Site or any of the Affiliate to advertise or perform any commercial, religious, political or non-commercial solicitation, Including, but not limited to, the solicitation of Users of this Site and/or the Affiliate to become Users of other on- or offline services directly or indirectly competitive or potentially competitive with Always The VIP, LLC.
The foregoing provisions of this Section apply equally to and are for the benefit of Always The VIP, LLC., its subsidiaries, affiliates, Organizers, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Description of Service.
Always The VIP, LLC. provides you with opportunities to hire concierge services, hire event planning services, hire entertainers, or purchase Event Tickets (“Tickets” or “Ticket”) collectively brought to the ticket buyer (“Ticket Buyer” or “you”) by Always The VIP, LLC. and/or third party event organizers, venues, promoters, artists, brands, affiliates or otherwise (“Organizers”). Always The VIP, LLC. provides Organizers with a means to create their events and sell tickets/registrations, merchandise and service for, and the solicitation of donations with respect to, events registered on the Site from you. The Site allows Organizers to collect payment for such events from you through Always The VIP, LLC.’s selected payment processing service such as Paypal, Eventbrite, or Venmo.
The following terms for Event Tickets apply to you as a Ticket Buyer and your use of Event Tickets through the Site. For the Terms and Conditions for Organizers please see the organizer terms.
- Who You Are Buying From.
Always The VIP may act as first party organizer or a third party agent to Organizers who are promoting and/or otherwise providing you with Event Tickets. By purchasing a Ticket on the Site, you will either be purchasing that ticket from: (1) Always The VIP, LLC.; or (2) the Event Organizer.
Typically, this will be explicitly notated in the promotions.
- Pricing and Availability.
Tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event. However, Always The VIP, LLC. does not control this inventory or its availability. In some cases, Always The VIP, LLC. or other distribution channels may receive additional, subsequent allocations of tickets for distribution, which may arguably be of similar or higher desirability than those sold on the Site, or may be offered for sale at lower prices than prices charged on the Site.
- Amount of Tickets Per Customer.
When purchasing tickets on the Site, you are limited to a specified number of tickets for each event (also known as a “Quantity Limit” or “Limit”). This Limit is controlled by the Organizer and is noted during your purchase process and is verified with every transaction. This policy is in effect to control attendees and discourage unfair ticket buying practices.
- Service Fees.
Services and products such as, but not limited to, Reservations, Bookings, VIP concierge, Event Planning, Promotions, and Tickets purchased on the Site are typically subject to a service fee per item or instance (“The Fee” or “Fee”).The Fee is non-refundable under any circumstances. In the event of a refund you will typically be refunded the face value of the ticket less the Fee you paid in addition to the face value.
- Order Confirmation.
Upon a successful purchase of Services or products such as Tickets, you will receive confirmation (“Confirmation”) from Always The VIP, LLC or the third party Organizer in the form of an email and/or confirmation page both of which will contain your order number (“Order Number”). If you do not receive Confirmation or an Order Number after submitting your payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Always The VIP, LLC or the Organizer’s Customer Service whether or not your order has been actually placed and fully processed. Only you may be aware of any problems that may occur during the purchase process. Always The VIP, LLC. will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Your Ticket is not guaranteed until you receive such confirmation. Even if Tickets are present in your Cart your reservation of those Tickets is not guaranteed until you receive Confirmation of your purchase. If you have attempted to purchase Tickets and are not sure if your payment and order has been confirmed please contact [email protected] The VIP.com.
- Canceled and Postponed Events.
Occasionally, events are canceled or postponed by the Organizer. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online, with the third party Organizer, or contact [email protected].
If you pay for services rendered by Always The VIP, Always The VIP may consider issuing a credit towards a future event at our discretion.
If you purchase a ticket through the Site, and Always The VIP, LLC. is instructed to issue refunds by the Organizer, then Always The VIP, LLC. will most likely give you a refund by issuing a credit to the credit card that you used to purchase that ticket.
Always The VIP, LLC. will not be liable for travel or any other expenses that you or anyone else Incurs in connection with a canceled or postponed event.
If an event is canceled, please contact the Organizer for information on receiving a refund. If the event was moved or rescheduled, the Organizer may set refund limitations.
- Lost and/or Stolen Tickets.
You as the Ticket Buyer are solely responsible for your print and digital tickets. If you lose, have your tickets stolen, account hijacked or duplicate tickets Always The VIP, LLC. is in no way responsible or liable for refunds, damages, or otherwise as a result of mishandling or misuse of digital or print tickets! Under no circumstances will a replacement ticket be issued for any ticket that has been damaged, lost, stolen, or destroyed, hijacked, or otherwise.
- Refunds and Exchanges.
Before purchasing tickets, carefully review your event and ticket type choices. Refund and exchange policies are generally set forth by the event Organizers who generally prohibit Always The VIP, LLC. from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact Always The VIP, LLC. to seek a refund or exchange from Always The VIP, LLC. when Always The VIP, LLC. is prohibited from providing one by its Organizers, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and Always The VIP, LLC. may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
Always The VIP, LLC. typically only offers refunds and/or exchanges based on the Organizer’s instructions. Always The VIP, LLC. is not obligated to issue a refund except to the extent that the Organizer responsible for bringing you the event (1) instructs Always The VIP, LLC. to issue a refund, and (2) provides Always The VIP, LLC. with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the Organizer’s instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the Organizer’s discretion.
If Always The VIP, LLC. issues you a refund for a ticket, it will issue a refund of the ticket’s face value paid (or, if a discounted ticket, then instead the discounted ticket price paid). In no event will Fees or delivery prices or amounts be refunded under any circumstance. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
In general, sales are final and Always The VIP, LLC. and/or it’s Organizers will not issue refunds, unless the event is cancelled or rescheduled or the facility is closed due to unforeseen circumstances. If the event is canceled or rescheduled you may receive a refund or exchange based on the Organizers instructions. To request a refund you must contact Always The VIP, LLC. with your Order number, name, event name and contact info at [email protected] Again, under no circumstances is the service charge ever refunded even if an event is cancelled or rescheduled.
- Ticket Delivery Options.
Organizers may offer different combinations of delivery methods (“Delivery Methods” or “Delivery”) to their events depending on their preference for accommodating guests/attendees at the entry of the event. The Delivery Methods are clearly shown during the purchase process and it is up to you to read and understand the Delivery Method you select and/or is provided for you. If you have any questions regarding Delivery Methods or about your event’s entry circumstances please contact [email protected] The VIP.com.
- Limitation of Liability.
You assume all risks Incidental to the event for which a ticket is issued, whether before, during or after performance, and you waive any claims for personal injury or death against Always The VIP, LLC. on behalf of yourself and any accompanying minor.
- License; Ejection and Cancellation; No Redemption Value.
Organizers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Organizer rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
- You Are Subject to Search.
You and your belongings may be searched on entry to events you attend. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, Including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
- Unlawful Re-Sale of Tickets; Commercial Purposes.
Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Organizer, provided that even if such consent is obtained, any use of Always The VIP, LLC.’s trademarks and other intellectual property is subject to Always The VIP. LLC.’s sole consent. To inquire about such consent please contact [email protected] The VIP.com.
- Description of Service.
Always The VIP, LLC. provides you with opportunities to use Special Offers (“Offers” or “Offer”) collectively brought to you through third party venues, places, establishments or merchants (“Merchants”). As a registered Always The VIP, LLC. User you will have the ability to purchase these Offers from third parties through the site. Details for each Offer, Including, but not limited to, Offering Merchant, price, time Offered, expiration date, fine print, amount available per user and general limitations will be clearly displayed on each Offer. Please pay close attention to the details and fine print to each Offer, as the details will affect your usage of that Offer. It is your sole responsibility to ensure the terms of each Offer fit within your own personal guidelines and intended use before you purchase the Offer.
- How Offers Work.
For purchasable Offers once you’ve purchased it you will receive confirmation of your Offer purchase and your credit card will be charged for the full amount listed on the Offer, the Offer you purchase will be ready for immediate redemption.
- User Conduct Purchasing and Using Offers.
Offers will be provided for a limited number of purchasers and/or a limited number of purchases, as specified by the Merchant for each particular Offer. Any attempt by a purchaser to obtain more than their individual permitted number of Offers specified for a particular Offer by using multiple or different accounts, identities, credit cards, forms, registrations, addresses or any other method will void that person’s purchases and exclude that person’s future use of the Site. Always The VIP, LLC. will be the arbiter, in its discretion, as to what indicates a violation of these rules.
- Offer Components.
Each Offer combines separate portions that make up the Offer: (i) the amount that you pay for the Offer or the amount your credit card is charged, the (“Paid Portion”); and (ii) the value that the Offer represents if it is used by the Promotional expiration date Included on the Offer details (the “Promotional Portion”) (together, the Paid Portion and Promotional Portion of the Offer are presented as the Offer.
- Expiration Dates.
The expiration date for each Offer is clearly labeled on every Always The VIP, LLC. Offer. If you fail to use your Offer before the expiration date you recognize that your opportunity to use the full promotional portion of that Offer has been terminated. Upon the expiration date the promotional portion of the Offer will be removed and the full amount will no longer be accessible to redeem from your account. The promotional portion of the Offer will expire on the date labeled on the Offer, and the paid portion of the Offer will expire five (1) year from the date the Offer is issued, except to the extent applicable law requires that the Merchant extend the period in which the Offer may be redeemed. The Merchant is obligated to honor the Offer in compliance with law. If the Merchant refuses to honor the Offer before the legally permitted expiration date, then Always The VIP, LLC. will refund the paid portion of your Offer less any applicable fees. In order to receive a full refund, you must provide the following information in writing to [email protected] The VIP.com: (a) reference to the specific Offer and Merchant you were attempting to redeem, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Offer.
- Offer Limitations.
Each Offer has specific terms and limitations associated with your use of the Offer. All Offer information will be presented to you before, at the time you commit to purchase that particular Offer. Offer specific terms supersede any Inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
- Global Terms.
Unless otherwise stated on the Offer or required by law, the following additional terms apply to all Always The VIP, LLC. Offers:
- No cash value is to be given for any Offer,
- No cash back will be issued for partial redemption of the paid portion of an Offer, except as required by law,
- No cash back or credit will be issued for partial redemption of the promotional portion of a Offer,
- Use of an Offer for alcoholic beverages is at the sole discretion of the Merchant (which may be unlimited by applicable state or provincial law), unless otherwise noted on the Offer,
- Offers cannot be combined with any other coupons or promotions unless otherwise noted in the Offer,
- Offer cannot be used for paying certain portions of your bill, Including, but not limited to, taxes, tips, prior balances, etc,
- Unless otherwise stated at the time a Offer is purchased, the Offer price does not Include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Offer.
- Merchant Responsibility
To be clear, Always The VIP, LLC. markets Offers and acts as a selling agent for the Offers on behalf of the Merchants. The Merchant is the issuer of the Offer. As the issuer of each Offer, the Merchants shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by, or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Offers. By purchasing an Offer, a customer acquires the right to redeem that Offer issued by the participating Merchant and to use the Offer according to its terms and the terms of this Agreement. Whether you choose to redeem the Offer is within your sole control and at your sole discretion. Also, it is in the sole discretion of the Merchant whether or not they accept the Offers they provide.
- Sale of Products.
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Always The VIP, LLC. reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Offer for any product or service to a person residing in any jurisdiction or geographical area. Always The VIP, LLC. does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
- Age Restrictions.
You must be 21 years of age in order to purchase and redeem Offers that involve the sale, purchase or involvement of alcohol. You also recognized that if you are under 21 years of have you may not be able to access or redeem Offers at Merchants that require a minimum age of 21 for entry, participation in events and/or otherwise noted with a minimum age requirement. Note that age requirements may not be labeled in the details or fine print of Offers. If you are concerned with potential age restrictions contact the Offering Merchant to inquire about such age restriction before your purchase or go to redeem an Offer. If you are under 21 and accidentally or intentionally purchase an Offer involving age restrictions, the Offer by no means entitles you to receiving any part of the benefit from that Offer.
Always The VIP, LLC. will provide a full refund equal only to the purchase price paid, less any applicable fees, by you for any Offer within twenty four (24) hours after the purchase of a Offer, and only if the Offer has not yet been redeemed. If the Offer you have purchased has expired Always The VIP, LLC. will not provide a refund. After twenty four (24) hours, Always The VIP, LLC. does not generally provide refunds except if you are unable to redeem an Offer before the applicable expiration of the Offer because the Offering Merchant has gone out of business.
- Description of Service.
Always The VIP, LLC. produces, co-produces, hosts, co-hosts, manages, co-manages (“Host” or “Hosted”) events (“Events” or “Event”) on the Company’s behalf or the behalf of third party organizers, partners and/or otherwise (“Organizers”). Always The VIP, LLC. provides the general public, individuals, groups and/or private access to its events. You or such individuals that attend the Company’s Events are referred to as (“Attendees”). Always The VIP, LLC. has set the following terms for Event Attendees who agree to once they purchase a Ticket to a Always The VIP, LLC. Event. If an Attendee does not wish to consent to these terms they will not be allowed to attend the Event. It is the Attendees sole responsibility to ensure that these terms fit within your own personal guidelines and intentions before they attend.
- License and Ownership of Event Materials.
Always The VIP, LLC. may record your participation at such Event and request your comments, voting and/or testimonial regarding such event. You consent and agree that in your participation of a Company hosted Event, Always The VIP, LLC. may use your name, photos, video footage, likeness and biographical material, and any comments you provide to Always The VIP, LLC. during such Event. For all Event media, Including but not limited to, print, video, electronic, internet, and digital formats whether now known or hereafter created (collectively, the “Event Materials”), solely in connection with the promotion, advertising and marketing and/or distribution of Always The VIP, LLC. the Services and the Events. You acknowledge and agree that any and all Event Materials developed in connection with any Always The VIP, LLC. Event shall be the sole and exclusive property of Always The VIP, LLC. and that you will not receive a fee for Always The VIP, LLC.’s use of your Event Material.
- Release and Waiver.
You hereby release Always The VIP, LLC., its affiliates, partners, directors, officers, employees, agents, representatives, successors, and assigns (collectively, the “Affiliates”) from any and all liability, from injury, loss or damage of any kind arising out of or resulting from your endorsement of a Always The VIP, LLC Event and use of your Always The VIP, LLC. Event Material.
You hereby release Always The VIP, LLC. and its Affiliates from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced, or any unintentional misspellings or inaccuracies.
- Limitation of Liability of Attending Always The VIP, LLC. Events.
You agree that neither Always The VIP, LLC. nor its officers, directors, employees, agents, Merchants, Organizers or otherwise shall have any liability to you under any theory of liability or indemnity in connection with your presence at a Always The VIP, LLC. hosted event. You solely assume all risks Incidental to the event for which a you attend, whether before, during or after performance, and you waive any claims for personal injury or death against Always The VIP, LLC. on behalf of yourself and any accompanying minor.
- Copyright and Trademarks.
Everything located on or in this Site, Including the Affiliate, is the exclusive property of Always The VIP, LLC. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ALWAYS THE VIP LLC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site and any Affiliate contain copyrighted material, trademarks and other proprietary information, Including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Always The VIP, LLC. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Always The VIP, LLC. or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Affiliate otherwise owned or operated in conjunction with Always The VIP, LLC. shall not be deemed to be in the public domain but rather the exclusive property of Always The VIP, LLC., unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Always The VIP, LLC. unless otherwise stated.
User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Always The VIP, LLC. does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Affiliate, User warrants that the owner of such material has expressly granted Always The VIP, LLC. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to Incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that User’s personal use. User hereby grants Always The VIP, LLC. the rights to edit, copy, publish and distribute any material made available on this Site or any Affiliate by User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Always The VIP, LLC., its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER ALWAYS THE VIP LLC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALWAYS THE VIP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability.
IN NO EVENT SHALL ALWAYS THE VIP, LLC., BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL ALWAYS THE VIP LLC.’S LIABILITY IN CONNECTION WITH A ALWAYS THE VIP LLC DEAL EXCEED THE AMOUNTS PAID FOR SUCH DEAL, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING
OF ANY CLAIM.
Always The VIP, LLC. shall have the right, but not the obligation, to monitor and edit the content of the Site and any Affiliate at all times. Without limiting the foregoing, Always The VIP, LLC. shall have the right, but not the obligation, to edit or remove any material that Always The VIP, LLC., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- License Grant.
By posting communications on or through this Site or any Affiliate, User shall be deemed to have granted to Always The VIP, LLC. a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.
User agrees to defend, indemnify and hold harmless Always The VIP, LLC., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, Including attorneys’ fees, arising out of or related to any products or services purchased by User in connection with the Site or any Affiliate.
User is solely responsible for interactions with Merchants and other users of the Site or Affiliates. To the extent permitted under applicable laws, User hereby releases Always The VIP, LLC. from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, Including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Deal, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Always The VIP, LLC. may terminate this Agreement at any time. Without limiting the foregoing, Always The VIP, LLC. shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which Always The VIP, LLC., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
- Third-Party Content.
Always The VIP, LLC., similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Always The VIP, LLC. has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, Including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Always The VIP, LLC.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Always The VIP, LLC. Always The VIP, LLC. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Site by anyone other than authorized Always The VIP, LLC. employee spokespersons while acting in official capacities. Under no circumstances will Always The VIP, LLC. be liable for any loss or damage caused by a User’s reliance on information obtained through Always The VIP, LLC. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Always The VIP, LLC.
Third Party Content found on Site is subject to change without Always The VIP, LLC.’s knowledge. This content may Include, but is not limited to, happy hours, descriptions, daily specials, menu items, menu prices, deals, etc.. Always The VIP, LLC. is not responsible for inaccurate content as it may be at the discretion of such Third Parties. In the event content is LLCorrect or out of date Always The VIP, LLC. is not held liable for any loss or damage caused by inaccurate content.
Site may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Always The VIP, LLC. of the contents on such third-party sites, and Always The VIP, LLC. hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with Always The VIP, LLC. expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Always The VIP LLC. reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, Including the Terms of Sale set forth below (which are Incorporated into this Agreement), and any operating rules for Always The VIP, LLC. established by Always The VIP, LLC., constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
- Disputes and Arbitration.
By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against Always The VIP ,LLC. arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be attempted to resolved between Always The VIP LLC and the user, and any recovery, whether it is through direct negotiation or arbitration, will not exceed the actual amount paid (less any unrecoupable expenses such as fees, labor costs, or rentals) directly to Always The VIP LLC by the User.
(2) If no resolution can be agreed upon within 30 business days, then the Company and the User shall decide to resolve the dispute exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) at the User’s expense, and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”), wherein the amount to be recovered will not exceed the actual amount paid (less any unrecoupable expenses such as fees, labor costs, or rentals) directly to Always The VIP LLC by the User;
(3) the arbitration shall be held at Somerset NJ, or a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by User and Always The VIP LLC.; (4) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the User’s and/or Always The VIP LLC.’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) in the event that the User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Always The VIP LLC. will pay as much of the User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (7) with the exception of subpart (5) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Always The VIP LLC. shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Users may visit the AAA website at http://www.adr.org.
Organizer terms and conditions
Welcome to ALWAYS THE VIP! First and foremost, thank you being here and taking interest in our event platform! Our goal is to give you a seamless and cost effective means for your event ticketing, promotion and management needs. The following Terms and Conditions (the “Terms and Conditions”, “T&C” or “Agreement”) outline and govern the use by you as an event organizer, promoter, venue, establishment, individual, artist or otherwise (“Organizer” or “You”). This T&C applies to you and your use of the Site and Services as an Organizer.
For the Terms and Conditions that applies to the use of the Site and Services as a User, Ticket Buyer and/or visitor, please see the User Terms and Conditions.
General Terms & Conditions
The Company provides you with an online platform (collectively the “Site”, “Service”, and/or “Services”, and/or “Backstage”) for you to list events, sell tickets, and promote your events. The Services are owned and operated by Always The VIP LLC. The Services are offered subject to your acceptance without modification of all of the T&C contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Always The VIP LLC. By using or accessing Backstage, you agree to all of the T&C contained herein and all other operating rules, policies and procedures that may be published from the time on the Site by Always The VIP LLC. If you do not agree to any of the T&C please refrain from using the Site and Services. These T&C may only be modified or otherwise agreed upon if such changes are written and agreed upon as an addendum to the T&C herein, agreed upon in a separate Ticketing Agreement or Always The VIP LLC modifies such T&C as stated below.
Always The VIP LLC hereby grants Client a non-exclusive, non-transferable, non-sub licensable right to access and use the Site and Services solely for the purposes of creating, promoting, managing, tracking, and collecting Payments for events that Client has created on the Site, in each case (i) in compliance with this T&C, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, Client shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Event Fees through the Site as a Client in accordance with this T&C); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
Always The VIP LLC reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this T&C at any time. It is Client’s responsibility to check these T&C periodically for updates and changes. The Client’s continued use of the Site and/or Services following the posting of any changes to this T&C constitutes acceptance of those changes. If any change to this T&C is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site and/or Services.
These Terms and Conditions become effective once you have confirmed that you agree to the “Client Terms and Conditions” on the “Review & Publish” step as you, a representative or agent of yours, or your designated ALWAYS THE VIP account manager are creating your events. Doing so confirms that you agree to all T&C herein and you remain in agreement with these T&C (a) until these terms have been modified, (b) unless otherwise agreed upon and (c) until this agreement has been mutually terminated as defined below.
Your Use of the Site and Service
- Description of Service.
Always The VIP LLC provides means for Client to collect payments with respect to the sale of tickets, tables, bottle service, entry, access, registrations, merchandise and services for events on the Site (“Items”) and Additional Fees, Gratuity, Refund Protection (“Additional Order Items”) and Always The VIP LLC’s service fees (“Service Fees” or “Fees”) collectively defined as (“Payments”), from users who want to attend such events (“Ticket Buyers”). The Client may either provide a link to a payment processor or external ticketing platform, or submit details by filling out a form about events, Including event name, timing, description, purchase conditions, pricing, location, Item inventory, Additional Order Items, etc., and collect Payments online directly from Ticket Buyers.
In the case the tickets are sold directly on Always The VIP LLC website, then Payments may be transacted through selected payment or ticket processing services (“Payment Processing”), collected by Always The VIP LLC and issued to the Client as a payout (“Payout”) as defined below.
Ticketing Service Fees.
In consideration of the Services provided by the Always The VIP LLC, the Client understands and agrees that Always The VIP LLC will be compensated from Items and Additional Order Items sold online (“Online Service Fees”).
- Online Service Fees
Pursuant to this Agreement, Company is authorized to collect and retain a total of six percent (30%) of gross Item sales as a commission plus applicable transaction fees or ninety-nine cents (U.S. $0.99) per Item sold for Online Service Fees (whichever is greater), which Includes all Credit Card Processing Fees (“Processing Fees”) charged by the Processor, Stripe, Eventbrite, unless Client elects to use a Standard Account per the Payment Processing section below. When Client is creating each ticket type on the Site, the Client can, at its own discretion, choose to pass the Service Fee to the Ticket Buyer. If Client elects to pass the Fee to the Ticket Buyer, it will be added to the Item total when the Ticket Buyer makes their purchase. Client may elect, at its own discretion, to pay the Service Fee out of the Item total. The percentage portion of Company’s Online Service Fees are calculated off of the initial Face Value, Additional Fees, as defined below, and Gratuity Fees, as defined below, all of which are established by Client during the creation of Items submitted to Always The VIP LLC.
Additional Order Items.
The Client also has the ability to collect additional revenue through different fee types through the site. Additionally, the Company can offer additional products and services on Client’s events that aim to help the Ticket Buyer. Collectively these additional fees and options are the (“Additional Order Items”).
- Additional Fees.
The Client may, in its sole discretion, add per Item and/or per order service fees or charges, for example: venue fee, artist fee, sales tax, gratuity, etc. (the “Additional Fees”) in addition to Company’s Online Service Fees and Online Box Office Fees respectively stated above, and Client will retain one-hundred percent (100%) of any such Additional Fees, which will be paid to Client along with the general event Payouts per as defined below.
2. Gratuity Fees.
The Client may, in its sole discretion, enable a per order Gratuity option (the “Gratuity Fees”) to be presented and paid by the Ticket Buyer in addition to Company’s Online Service Fees and Online Box Office Fees respectively stated above, and Client will retain one-hundred percent (100%) of any such Gratuity Fees, which will be paid to Client along with the general event Payouts per as defined below.
3. Payment Processing.
All Payments through the Site Including the Service Fees will be collected through Company’s payment processing service that is powered by a third-party partner, Eventbrite, or Paypal (“Payment Processor”).
The Client understands that by using a payment Processor, they incur the cost of Processing.
In the case that Always The VIP LLC collects proceeds from Payments, Including the Items, Service Fees, Additional Fees, Gratuity, remittances will be issued with the portion of such proceeds due to Client (“Payout” or “Payouts”), less the Service Fees that the Always The VIP is entitled to pursuant to this agreement.
All Payouts are paid to Client fourteen (14) business days after the event occurs. Payouts are made either by check through mail, or bank transfer. Payouts will be made per the Client’s preference and to the payee and payout information (“Payout Info”, “Payout Information” and/or “Payee”) when creating the Organization that the Client’s event is under.
It is the sole responsibility of the Client to ensure that the Payout Information is legal, accurate, and current. Changes to the Payout Information can be made anytime through your Account.
Client agrees that all Payments for a given event are earned by Client only following conclusion of the applicable event and all Payouts ultimately due will be net of all Service Fees, Refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise.
If Company becomes aware of specific information about an event or receives customer service requests Including but not limited to early closure, talent not performing, location change, overcrowding, unusually long lines, or services not rendered, Company reserves the right to withhold up to 100% of ticket revenues for any event for a period up to 180 days after the event occurs, to allow all returns and disputed charges to clear processing. Company will only release funds where Company does not consider to be at risk of additional refunds, ongoing or future chargebacks, or any dispute in relation to the Client’s event and the Company’s involvement.
In the event of a cancellation, Client agrees to notify Company within three (3) hours to prevent further sales for the canceled event. Once notified of cancellation, Company will act in accordance with the Client’s instructions to issue refunds to Ticket Buyers.
No Payouts shall be made to a Client from Company with respect to any event that is cancelled. If Incremental Payouts have already been made by Company to a Client leading up to an event that was subsequently cancelled, at any point, Client will return necessary funds from such Payouts to Company within three (3) business days of notice of cancellation to cover refunds to Ticket Buyers. If Client does not act in accordance with this policy and return funds from Payouts for an event that was cancelled the Company within three (3) days of notice the Company reserves the right to use all collection means listed below in the Settlements, Invoicing & Collection section below.
6. Ticket Buyer Refunds.
Ticket Buyers are refunded based on the terms that are expressed to them in the Purchase Conditions listed on each event (the “Refund Policy”). By default, the Company communicates to Ticket Buyers that “All Payments are non-refundable and all sales are final” through each event’s Purchase Conditions (the “Default Refund Policy”). It is the Client’s sole responsibility to further define, revise or customize the Refund Policy if the Client wishes via the Purchase Conditions tab in the Client dashboard (the “Client’s Refund Policy”).
The Refund Policy, whether the Default Refund Policy set by Company or Client’s Refund Policy set by the Client, is communicated to Ticket Buyers through the Purchase Conditions field on the Client’s event page(s), during the checkout process, and on the Ticket Buyers account when viewing their Items and Payments.
Refund inquiries shall be considered and addressed per the following provisions: (i) If the Client is contacted by a Ticket Buyer who requests a refund and the Client would like to issue the Ticket Buyer a refund, Client will notify the Company of the refund with the Ticket Buyer’s full name, email address and order number. Company will then issue the refund for the amount defined by the Client, less non-refundable Service Fee, to the Ticket Buyer and make all adjustments to the Ticket Buyer’s account. (ii) If the Ticket Buyer contacts the Company to request for a refund, the Company will act within the Client’s Refund Policy. If the Client has not established the Client’s Refund Policy, the Company will act within the Default Refund Policy. In any case, the Client will be notified of the request and asked to confirm or deny the Ticket Buyer’s request for a refund. Company will not issue refunds to Ticket Buyers in any case without the Client’s expressed consent. All decisions regarding refunds are ultimately made by the Client, and Company will not be responsible or liable in any way for chargebacks regarding the refunds or the Services.
In no circumstance are Company’s Service Fees refundable even when the Ticket Buyer’s requests for a refund are granted by Client. The Service Fees are non-refundable and will be retained by Company for all processed refunds. If Client elects to pay the Service Fee out of the Item price the, Company will issue a full refund to the customer Including all Additional Order Items and will invoice the Client for the Company’s Service Fees.
In the event the Client elects to issue refunds to Ticket Buyers for any reason at any point and such refunds result in a negative event balance, the Client agrees to promptly reimburse Company per the Settlements, Invoicing & Collection section below. If Client fails to reimburse the Company within sixty (60) days of notice the Company reserves the right to use all collection means listed below in the Settlements, Invoicing & Collection section below.
If you are a Ticket Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Client directly.
Chargebacks filed by Ticket Buyers are the sole responsibility of the Client and the Company will not be financially responsible or liable in any way for chargebacks in connection with the Client’s or Ticket Buyer’s use of the Services.
Any credit card chargebacks initiated by the Ticket Buyer, Including the processors’ charge back fees, will be charged and billed to the Client. Client agrees to promptly reimburse Company for lost chargebacks per their preferred means of paying Balance Due per the Settlements, Invoicing & Collection section below. If Client does not reimburse the Company for lost chargebacks within sixty (60) days of notice the Company reserves the right to use all collection means listed below in the Settlements, Invoicing & Collection section below.
Client must add all applicable city, county, municipality, district, state or federal taxes which apply to the admission, Item, or right to occupy a seat at any performance covered under this agreement to the Item price or as an Additional Fee, and assumes all responsibility for payment of such tax to the appropriate governmental authority.
9. Additional Products & Services.
Client may require, opt-in, subscribe or otherwise voluntarily seek additional products and services (“Products” and/or ”Services”) from the Company and/or its third-party service providers (“Service Providers”). Products and Services Include but are not limited to: custom hard tickets, shipping and handling, credit card readers, entry devices, marketing/advertising, website development, custom design services, email campaign management software, etc. Client understands that the cost of these Products and Services are not Included in Company’s Service Fees and lead to additional costs for Client, unless otherwise agreed upon by Client and Company in writing. If Client does not pay the Company Balance Due for Products and Services within sixty (60) days of notice the Company reserves the right to use all collection means listed below in the Settlements, Invoicing & Collection section below.
10. Settlements, Invoicing & Collection.
The Client’s general use of the Site and collection of Payments and the election to use Additional Products & Services offered by Company may result in additional funds or balances due (“Balance Due”) to Company.
Client may elect to pay their Balance Due by (i) automatic charge to Client’s credit card on file, (ii) auto debit of Client’s account with Company (I.e. withhold funds from other events by Client), (iii) receive invoices electronically to be paid to be paid via check, credit card, or bank ACH on net 30 terms.
If any Balance Due is not paid within sixty (60) days (“Past Due Balance”), the Company reserves the right to (i) make a debit of Client’s account with Company (I.e. withhold funds from other events by Client), (ii) debit of Client’s bank account to recoup Past Due Balance (iii) in the event Client has insufficient funds in their account with Company or Bank, or the Client’s bank account us not on file, the Company reserves the right to seek any legal means necessary and/or legal action to recoup the Past Due Balance.
11. Protection of Ticket Buyer Information.
Client agrees not to release or sell ANY Ticket Buyer personal information (i.e. name, birth-dates, gender, address, phone number, e-mail) of any Ticket Buyer obtained through the Site and Services to any third party for any reason. In addition, Company will not be held liable for any reason for Clients misuse of Ticket Buyer personal information and Client bears all liability for any misuse of such personal information.
Company may provide Client with the right to use a sub-domain within the Site (e.g., example.Always The VIP.com). All such sub-domains are the sole property of Company. In the event Company provides you with a sub-domain, your right to use such sub-domain may be terminated by Company at any time (with or without notice) for any reason or no reason.
The Client agrees that the Company may feature the Client’s relationship with Company in press releases or other public communications, provided that the Client shall have the right to review and approve any such use, such approval not to be unreasonably withheld or delayed. Upon the execution of this Agreement, Client and Company may be permitted to refer to each other respectively on their own website and social media.
The Client agrees that the Company may use the Client’s Intellectual Property and Content for the sole purpose of the Company promoting the Client throughout its network Including, but not limited to: email, social media, marketing/sales decks and material, etc. Client shall retain all right, title and interest in and to its respective intellectual property, trademarks and branding provided for this purpose.
If Client is expected to sell greater than two hundred and fifty thousand dollars (U.S. $250,000) gross revenue for their event or events in a twelve (12) month period, they are required to carry a General Liability Insurance policy equal to or greater than the expected gross revenue. The Insurance Policy must have event cancellation policy coverage and the Client is required to list Company as Additionally Insured with their Insurance Provider and provide proof of such to Company.
13. Ticket Quantities & Event Capacity.
The Client is responsible for accurately maintaining the number of tickets available for sale online for all events (“Ticket Quantities”), and bears the full responsibility for liability, losses either by legal action, refunds or chargebacks that are Incurred due to over-selling an event.
Organizer warrants that the number of Ticket Quantities put on sale does not exceed legal, fire, or other restrictions of the facility or of governmental agencies or laws.
The Company has and will develop, compile, and own certain proprietary techniques and confidential information Including but not limited to trade secrets, inventions, discoveries, research and development and test results, know-how, marketing and business plans, strategies, forecasts, unpublished financial information, budgets as well as providing unique training and insight into Company’s business and industry all of which belongs to the Company and has great value to the Company. Confidential information Includes not only information disclosed by Company, but also information learned during the term of this Agreement.
14.2. Client and Company agree that the terms of this agreement shall be maintained by the parties on a confidential basis and shall not be disclosed to any third party without each party’s prior written consent, except to the extent that disclosure is mandated by applicable law or such disclosure is to the parties’ respective attorneys, accountants other advisors, and immediate family.
- Binding Effect.
The terms, conditions, provisions, and undertakings contained in this agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns. Client shall not assign this agreement without the prior written approval of Company.
The Client shall not assign this agreement without the prior written approval of Company.
- Attorneys’ Fees and Cost.
In the event of default, or nonpayment of Service Fees or Past Due Balances earned by Company, the Parties agree that Company shall be entitled to all attorneys’ fees and costs Incurred in collection or enforcement of its rights under this Agreement.
In the event that a lawsuit is filed to enforce any rights or obligations under this Agreement, the Parties agree that the “prevailing party” as defined by New Jersey Tules of Civil Procedure, shall be entitled to reasonable attorneys’ fees and costs.
This Agreement shall terminate at the end of any term that either party provides the other. Termination notification must be delivered via email, fax and/or direct mail with written notice of termination no more than 30 days prior to the end of the term.
The Company, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, Including, without limitation, for lack of use, failure to timely pay any Service Fees or Past Due Balances or other monies due Company., or if Company believes that you have violated or acted Inconsistently with the letter or spirit of this T&C. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Company shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this Agreement that by their nature should survive termination of your right to use the Services shall survive (Including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
Termination of the agreement and/or Client’s account shall have no effect on contractual obligations relating to previously scheduled and/or ongoing events. Such events will be handled according to terms to this Agreement in effect at the time the events were published.
- Assignment; Successors.
Each party hereto agrees on behalf of himself and his executors and administrators, heirs, legatees, distributees, and successors and any other person or persons claiming any benefit through or under such party by virtue of this Agreement, that this Agreement and the rights, interests and benefits hereunder shall not be assigned, transferred, pledged, or hypothecated in any way by either party hereto or any executor, administrator, heir, legatee, distributee, successor or any other person claiming under or through any party hereto by virtue of this Agreement and shall not be subject to execution, attachment or similar process. Any attempt to assign, transfer, pledge, hypothecate or otherwise dispose of this Agreement or of such rights, interests and benefits contrary to the foregoing provisions, or the levy of any attachment or similar process thereupon shall be null and void and without effect and shall at the sole option of the other party terminate this Agreement.
- Service Modifications/Suspensions.
Company reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree to defend, indemnify and hold Company, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, Incidental, consequential or otherwise), loss, liability, cost and expense (Including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your event(s), your content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this Agreement. Company shall provide notice to you of any such Claim, provided that the failure or delay by Company in providing such notice shall not limit your obligations hereunder. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Company defense of such matter.
- Disclaimer of Warranties.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NIGHT, OUT, LLC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NIGHT, OUT, LLC. MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NIGHT, OUT, LLC. IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, TICKET BUYER OR VISITOR, CLIENT OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND COMPANY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT NIGHT, OUT, LLC. HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-CLIENTS’ AND CLIENTS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND CLIENTS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, NIGHT, OUT, LLC. IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND COMPANY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Clients, Clients and/or third parties in connection with the Site or any Services to Company, in its sole discretion, may investigate the claim and take necessary action.
- Limitation of Liability.
COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SITE OR SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS T&C, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN CLIENT WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND COMPANY’S REASONABLE CONTROL. COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
COMPANY ASSUMES NO FINANCIAL LIABILITY FOR LOSSES INCURRED DUE TO SERVICE INTERRUPTIONS WHICH ARE NOT THE DIRECT RESPONSIBILITY OF COMPANY.
IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY, THE LIMITATION OF ANY CLAIM OF LOSS BY CLIENT SHALL BE NO GREATER THAN THE PROVEN FINANCIAL LOSS SUSTAINED BY CLIENT BY VIRTUE OF SAID BREACH.
IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER CLIENTS, BUYERS, AND OTHER NON-CLIENTS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Notices to you may be made via either email or regular mail to the address in Company’s records. The Services may also provide notices of changes to this T&C or other matters by displaying notices or links to notices to you generally on the Services.
- Entire Agreement.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Services as a Client, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Company on the subject matter hereof, other than any written addendum and/or supplemental agreement between you and an authorized officer of Company relating to a specified event(s) or supplemental service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third-party software or the Services in a manner other than as governed by this Agreement.
- Choice of Law.
This Agreement and the provision of the Services to you are governed by the laws of the state New Jersey, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within New Jersey by New Jersey residents.
- Disputes and Arbitration.
(1)Any controversy or claim arising out of or relating to this Agreement or the provision of the Services shall be resolved directly between Always The VIP LLC and the user, and any recovery, whether it is through direct negotiation or arbitration, will not exceed the actual amount paid (less any unrecoverable expenses such as fees, labor costs, or rentals) directly to Always The VIP LLC by the User.
(2) If no resolution can be agreed upon within 30 business days, then any controversy or claim shall be shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association at the User’s expense. 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 Somerset, New Jersey, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Company agree to submit to the personal jurisdiction of the courts located within the city and county of Somerset, New Jersey. Either you or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Somerset, New Jersey, necessary to protect the rights or property of you or Company (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
To notify Always The VIP, LLC. of any copyright-infringing content, please contact us at [email protected] The VIP.com with the following information in accordance with the Digital Millennium Copyright Act:
- Identification of the allegedly copyright-infringing material
- Identification of the allegedly infringed-upon work and the copyright-holder of said work
- Information reasonably sufficient for Always The VIP, LLC. to contact you
- A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Including your physical or electronic signature, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (Including costs and attorneys’ fees) under Section 512(f) of the DMCA.