Agreement between User and ClubHost.com, MeMo Entertainment Group, Incorporated.
ClubHost.com is owned and operated by MeMo Entertainment Group, Incorporated. This web site ("Site") is intended for personal, noncommercial use.
This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of ClubHost.com and its third-party suppliers or providers including, without limitation, the nightclubs, restaurants, affiliates and other suppliers that provide services through this Site.
BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, YOU ("USER" OR "YOU" OR "USERS" IF PLURAL) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). By entering the Site you consent to the terms and conditions set forth in this Agreement. ClubHost.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN CLUBHOST.COM'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
I. GENERAL TERMS AND CONDITIONS
A. Copyright Notice
You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of ClubHost.com. In addition, other content on the Site, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to ClubHost.com or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention.
B. Trademark Notice
"CLUBHOST.COM", "CLUBHOST", "BOTTLE SPONSOR", and "THE ULTIMATE NIGHTLIFE TOOL" are registered service marks of MeMo Entertainment Group, Inc. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of ClubHost.com or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
C. Acceptable Use/License
ClubHost.com grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The Content and information on this Site (including, without limitation, price and availability of nightlife services), as well as the infrastructure used to provide such content and information, is proprietary to ClubHost.com and/or its service providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your club itinerary (and related documents) for services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
i. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose;
ii. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
iii. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other Users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
iv. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
v. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of applicable federal and state law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you, and fraudulent Users will be prosecuted to the fullest extent of the law.
ClubHost.com reserves the right to cancel any reservation or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.
D. Accounts, Security, Passwords
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain current, complete and accurate registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify ClubHost.com immediately of any unauthorized use of your account. ClubHost.com is not liable for any loss or damage that you may incur as a result of someone else using your account, either with or without your knowledge.
F. Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. CLUBHOST.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE STATE AND LOCAL LAW, CLUBHOST.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CLUBHOST.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CLUBHOST.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
CLUBHOST.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
Persons under the age of 21 are not eligible to use any services on ClubHost.com.
II. General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLUBHOST.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
FURTHER, THE NIGHTLIFE SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A NIGHTLIFE SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITY IS ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
No Covered Party shall be responsible for any nightlife Service Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a nightlife Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Service Provider's failure to comply with this Agreement nor for any Service Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by ClubHost.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to defend and indemnify ClubHost and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:
C. your breach of this Agreement
D. your violation of any law or the rights of a third party; or
E. your use of this Site in violation of this Agreement.
D. Third Parties
If you use this Site to submit Requests for or on behalf of a third-party, such as a family member or a traveling companion ("Third-party"), you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
E. Modification/Termination of Usage
ClubHost.com reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, ClubHost.com shall not be liable to you or any third-party for any termination of your access to this Site.
F. Pricing Errors
We endeavor to publish and maintain accurate prices and information for the services we offer. Our Nightlife Service Providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Nightlife Service Providers, we retain the right to refuse or cancel any requests placed for such service. We shall have the right to refuse or cancel any such requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your request is canceled because of incorrect Nightlife Service Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
G. Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent permitted by applicable law, the internal laws of the State of California shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, in all questions and controversies arising out of your use of this Site and this Agreement.
1. NightLife Service Providers
You agree to abide by the terms or conditions of purchase imposed by any Nightlife Service Provider, whether that Nightlife Service Provider is selected by you or by ClubHost.com, including, but not limited to, payment of all amounts when due and compliance with the Nightlife Service Provider's rules and restrictions regarding availability and use of services. You understand that any violation of any such Nightlife Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to entry, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in ClubHost.com debiting your account for any costs ClubHost.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, taxes, and assessments arising out of the use of this Site.
You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any Nightlife Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Travel Service Provider and not toward us.
At ClubHost.com, we have no special knowledge regarding the suitability for disabled persons of any portion of any reservation. For information concerning the suitability for disabled persons for any portion of any reservation, contact the Nightlife Service Supplier directly.
2. Name Your Price Nightlife Services
In addition, the following restrictions apply to ClubHost.com's Name Your Price Bottle Service:
i. All Bottle service tables are non-refundable, non-cancellable, non-endorsable and non-changeable. At the time your request is accepted, your method of payment will be charged for the amount shown, regardless of whether or not the bottle service table is used. Credit will not be given for any unused bottle service table and cannot be used toward any future purchases;
ii. Once a ClubHost.com Request is submitted, it cannot be modified by you.
Taxes and Fees Charges: If you submit a Name Your Price request for bottle service, you agree that if a club satisfying your Price request is located, the amount of the submitted name your price request, and taxes, charges, surcharges, and/or processing or other fees, which are described in more detail in the click through "Taxes and Fees" will be automatically charged to the method of payment you provided to ClubHost.com. The "Total Table Cost" will be disclosed to you before you submit your request. Our fee for fulfilling a Request is included in the amount of your request.
C. Nightlife Service Restrictions
a. Check In: Upon check-in, guests must present a valid ID and credit card or, in the Service Provider's discretion, debit card, in their name that is consistent with the transactional details provided to ClubHost.com. Debit cards may not be accepted.
b. You agree that if a Nightlife Service Provider accepts your offer, ClubHost.com will confirm the reservation and charge the entire amount of the service, including applicable Taxes and Fees (as described below) disclosed to you before submitting an offer, to your method of payment.
c. Charges for Taxes and Service Fees: In connection with facilitating your transaction, we will charge your method of payment for Taxes and Fees. This charge includes an estimated amount to cover the amount we pay to the service provider in connection with your reservation for taxes owed by the service provider including, without limitation, gratuity, sales tax, or other similar taxes. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation and may include profit that we retain.
d. We are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our service suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
e. Accommodations and Special Requests: All reservations are guaranteed for the number of individuals you specify at reservation. ClubHost.com requests that our suppliers provide the requested areas that you’d like your table located. However, table assignments are based on availability and are at the club's discretion. We cannot guarantee a specific table. You must call and verify that special requests can be met after you have made your booking. Since ClubHost.com does not know which Nightlife service provider will accept your name your price offer prior to your submission of your offer and since ClubHost.com has no control over which table a club will assign to you, ClubHost.com cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. A reservation cannot be refunded, canceled or modified on the basis that a special request was not (or could not be) met by the club.
f. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible table or require the use of a service animal) you must call the club after your booking is made and verify that your needs can be met. If your disability needs cannot be accommodated by the club, please call ClubHost customer service. Since ClubHost.com does not know which club will accept your name your price offer prior to your submission of your offer and since ClubHost.com has no control over which table a club will assign to you, ClubHost.com cannot accommodate disability needs in advance of your booking.