TERMS OF SERVICE
The Site is owned and operated by SOCIAL CROWD MEDIA, INC. (“www.socialcrowdmedia.com”).
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Social Crowd Media, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. This Agreement is not assignable, transferable or sublicensable by you except with Social Crowd Media’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement. You shall establish and use your membership on the Social Crowd Media Sites, and purchase and use the products and services available through the Social Crowd Media Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Social Crowd Media may be recorded.
3. PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Social Crowd Media is located at [www.socialcrowdmedia.com/privacypolicy]. You consent to any personal information we may obtain about you (either via the Social Crowd Media Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Social Crowd Media may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
4. INTELLECTUAL PROPERTY
The Site and its contents are intended solely for your personal use and not the use of third parties. You may use the Site only according to the terms of this Agreement. All materials on the Site are protected by copyright. You shall abide by all copyright laws when accessing or using any content on the Site. If you believe that your work has been used or copied for use on the Site in a way that constitutes copyright infringement, please contact us at mail to: christina@socialcrowdmedia.
5. REGISTRATION AND SECURITY
Registration As a condition to using Services, you may be required to register with socialcrowdmedia.com. At a minimum, registration requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Social Crowd Media’s sole discretion. You agree to provide socialcrowdmedia.com with your accurate, complete and updated registration information. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Security Information [https://socialcrowdmedia.com/privacypolicy] for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information. Use of Registration You shall not use Social Crowd Media membership for any purpose competitive to Social Crowd Media or its affiliates. You will notify Social Crowd Media immediately by emailing of any unauthorized use of your Social Crowd Media membership or the Social Crowd Media Sites known to you, whether by you or a third party.
6. ORDER PROCESSING
Payment for Services is charged at the time of purchase or consumption of goods. Social Crowd Media may, however, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been miss-priced, we suspect the reservation request is fraudulent, full payment has not been collected prior to 24 hours of booking date, or in other circumstances Social Crowd Media deems appropriate in its sole discretion. Social Crowd Media also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Social Crowd Media will either not charge you the full package price or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
7. PRODUCT AND SERVICE AVAILABILITY
In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact Social Crowd Media to make alternative arrangements or to cancel your reservation at email@example.com.
8. PRODUCT AND SERVICE DESCRIPTIONS
Social Crowd Media attempts to provide accurate descriptions of products and services on the Social Crowd Media Sites and its Social Crowd Media communications. Social Crowd Media does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
9. SPECIAL REQUESTS
If you have any special requests in connection with your Social Crowd Media itinerary, you must submit them on the Social Crowd Media Sites or with your Destination Specialist Agent at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. Social Crowd Media is not liable for any failure to fulfill a special request, and no cancellation due to any special request not being met shall be allowed. Social Crowd Media does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
10. PRICING INFORMATION
Social Crowd Media pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. Social Crowd Media retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through Social Crowd Media. The rates displayed on the Social Crowd Media or by quote reflect Social Crowd Media pre-negotiated rates, which include the fees retained by Social Crowd Media. Social Crowd Media strives to provide accurate pricing information regarding the products and services available on the Social Crowd Media Sites. We cannot, however, insure against pricing errors or pricing changes. Social Crowd Media reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, Social Crowd Media will notify you by email and correct the pricing on the Social Crowd Medias Sites. If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout and or payment on the Social Crowd Media Sites, you will be responsible for paying these charges directly to the service provider. Social Crowd Media does not guarantee that it offers best available rates for products and services available on the Social Crowd Media Sites. reserves the right to change the prices of Services at any time, notification of which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
11. SOCIALCROWDMEDIA.COM PROMOTIONAL CODE AND OFFERS
These terms and conditions apply to those promotions where you must redeem a promotion code as part of the offer. The promotion code is valid for a limited time only. Social Crowd Media, reserves the right to modify or cancel it at any time. Each promotion code can be used only once, unless otherwise specified. Each promotion code applies only to qualifying items. Each promotion code applies only to website transactions sold and fulfilled by Social Crowd Media. It does not apply to hotel and transportation bookings or nightclub and day club bookings. The promotion is subject to all restrictions set forth in the offer. If the promotion has a minimum purchase requirement, taxes, gratuities, service charges do not apply toward the minimum purchase amount. The promotion applies only to bookings made online at http://www.socialcrowdmedia.com. The promotion code is not transferable and may not be resold. If you cancel your bookings using a promotion code, we will subtract the value of the promotion code from your return credit. Promotion codes may not be combined with other offers. Limit one promotion code per customer. Does not apply to the entire order or package price which contain multiple products/services or combined. Void where prohibited. If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply.
12. CANCELLATIONS AND CHANGES TO RESERVATIONS
With respect to the services and reservations available on the Social Crowd Media Sites, the rules and restrictions regarding your reservation, no cancellations, refunds, or modifications are allowed, without confirming with Social Crowd Media, and payment is charged at the time of purchase. All guests must be at least 21 years of age with valid ID. No-shows will be charged in full. Reservations are not guaranteed until full payment is received and processed by Social Crowd Media and the associate club venue. See Section 28 below for Cancellation Policies for Nightclubs, Dayclubs & Lounges See Section 29 below for Cancellation Policies for Transportation Bookings See Section 30 below for Cancellation Policies for Ticket Sales & VIP Hosted Entry See Section 31 below for Cancellation Policies for Wholesale Room & Accommodation Bookings. After contacting Social Crowd Media we will specify whether you may be able to cancel or change your reservation. If a change to or cancellation of your reservation is permitted, you may be charged a cancellation or change fee based on product or service booked. You agree to pay any cancellation or change fees that you incur. All refunds will be paid in the currency in which you originally paid for the booking, as specified by Social Crowd Media. You may not sell, auction, barter or transfer your reservation to a third party.
13. SERVICE PROVIDER RULES AND RESTRICTIONS
Service providers may impose additional rules and restrictions on products and services available through the Social Crowd Media Sites. Please read these additional terms of service and terms and conditions carefully. By purchasing products and services through Social Crowd Media you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by Social Crowd Media for any costs we incur as a result of such violation.
14. TAXES AND FEES
The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to request a breakdown of the taxes and additional service fees included in a booking before confirming the booking.
Social Crowd Medias bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
ALL RESERVATIONS BOOKED THROUGH SOCIAL CROWD MEDIA MUST BE PREPAID IN FULL AT THE TIME OF BOOKING. YOU AGREE TO PAY TO SOCIAL CROWD MEDIA THE FEES, COSTS, EXPENSES AND OTHER CHARGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”). YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY SOCIAL CROWD MEDIA.
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON SOCIAL CROWD MEDIA UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE SOCIAL CROWD MEDIA SITES (WHERE AVAILABLE).
18. CONTENT YOU SUBMIT
With respect to any content you submit or make available to Social Crowd Media (other than personal information, which is handled in accordance with the Privacy Notice [https://socialcrowdmedia.com/privacypolicy], including but not limited to endorsements or testimonials, you grant Social Crowd Media a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Social Crowd Media. You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that: is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; may contain software viruses or malware; contains advertisements or solicitations of any kind, or other commercial content; is designed to impersonate others; contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; contains messages by non-spokesperson employees of Social Crowd Media purporting to speak on behalf of Social Crowd Media or containing confidential information or expressing opinions concerning Social Crowd Media; contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; contains multiple messages placed within individual folders by the same user restating the same point; contains chain letters of any kind; or contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
19. WARRANTY DISCLAIMER
socialcrowdmedia.com makes no representations or warranties concerning any Content contained in or accessed through the Site and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. You release socialcrowdmedia.com from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Site contains links to other websites, which are provided solely as a convenience to you and not as an endorsement by socialcrowdmedia.com, its third party providers or distributors of the content of such other websites. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. LIMITATION ON LIABILITY
Under no circumstances shall socialcrowdmedia.com, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of socialcrowdmedia.com or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with the Terms of Service, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of socialcrowdmedia.com and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed two hundred fifty dollars (U.S. $250.00). The carriers, hotels and other suppliers providing travel or other services for socialcrowdmedia.com are independent contractors and not agents or employees of socialcrowdmedia.com or its affiliates. socialcrowdmedia.com and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. socialcrowdmedia.com and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. socialcrowdmedia.com and its affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
You agree to defend, indemnify and hold harmless socialcrowdmedia.com, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting frees, resulting from or arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.
This Agreement shall be governed by the laws of the State of Nevada without regard to the conflicts of laws provisions thereof. You agree that a violation or attempted violation of this Agreement and the Terms of Service will cause irreparable damage to socialcrowdmedia.com in an amount difficult to ascertain with no adequate remedy at law. You agree that socialcrowdmedia.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms of Service by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by socialcrowdmedia.com in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction. If socialcrowdmedia.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
23. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement of between you and Social Crowd Media regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and any such prior agreements, letters proposals, discussions and other documents, these Terms of Service will control.
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
25. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Social Crowd Media may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at [www.socialcrowdmedia.com/termsofservice]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
26. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Either party may terminate the Services at any time by notifying the other party by any means. socialcrowdmedia.com may also terminate or suspend any and all Services and access to the Site immediately without prior notice or liability for breach of these Terms. Notwithstanding the expiration or earlier termination of Services or your socialcrowdmedia.com registration or usage, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
27. NIGHTCLUBS, DAYCLUBS & LOUNGES
In addition to the terms set forth above, these terms apply to bookings for experiences involving nightclubs, dayclubs, lounges and club crawls: Reservations are not guaranteed until the reservation is paid for in full, and processed by Social Crowd Media Inc. and the associate club venue. Additional charges may be incurred if the number of people exceeds the amount listed on the reservation. All ticket and admission sales are final. No refunds will be provided. Any cancellations must be made prior to 24 hours of booking/reservation date via e-mail to firstname.lastname@example.org. No refunds will be made if cancelled within the 24 hours of said booking/reservation date. All daylife/pool party experiences will take place as scheduled, rain or shine and no refunds will be given due to inclement weather. Clients must meet with the VIP Host at the designated time and place on the night of the event. If for any reason you cannot reach or meet your VIP Host, please email no later than the agreed meeting time. Table reservations must be checked in by designated time. Otherwise location cannot be guaranteed and there will be no refunds if client is more than 30 minutes late. Client must arrive no later than 11:00am day of reservation for all dayclub reservations and 11:00pm the night of for all nightclub reservations or be subjected to cancellation and forfeiture of booking deposit. No-shows will be charged in full. Clients must be at least 21 years of age and must present proper valid identification. Dress code is strictly enforced. Social Crowd Media is not responsible if client is denied entry do to improper dress or lack of proper identification. Nightclub reserves all rights. There is a zero tolerance policy in regard to the use and/or possession of illegal substances. Clients will be refused entry if nightclub determines client is over intoxicated at the time of entry. No refunds will be allowed. Exact table location and section request is simply a request and not a guarantee. Seating capacity may vary based venue configuration of table. Table size is based on the number of individuals a table can accommodate and not the number of individual seats. For security purposes the organizer name must match the name of the credit card used for the booking, and the credit card used for the booking must be presented at the time of redemption with matching valid ID. Nightlife bookings include the following: minimum of 20% waitress gratuity (varies from venue to venue), 8.1% sales tax, and applicable 10% live entertainment tax and service fees. Social Crowd Media. encourages everyone to have a good time but any illegal activites including drug use or possession, nudity, over intoxication, and any other illegal behavior will result in access denied or be prosecuted to the fullest extent of the law by venue management. E-cig or smoking devices are not allowed within many establishments and may be confiscated by venue management. Social Crowd Media is not responsible or liable for personal belongings that are confiscated by venue management.
28. EFFECTIVE DATE September 1, 2018.