PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE VIP Exclusives WEB SITE (THE “SITE”). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
OWNERSHIP
VIPexclusives.com is owned and operated by VIP Exclusives, LLC. The mailing address is VIP Exclusives, LLC, 83 Ashley Lane, Colchester, CT. 06415.
VIP Exclusives is an independent marketing company that specializes in providing tickets, entertainment packages and VIP services to high demand events. VIP Exclusives is a marketing affiliate of Maxim, Inc., the Lagardere Group, In the Know Experiences, LLC., and Karma International, LLC. for the sales of tickets to their events and experiences, held at locations throughout the world. All logos and proprietary materials are used courtesy of their respective owners for marketing of their events.
Maxim and Maxim Experiences are neither endorsed, nor sponsored by, nor affiliated with the National Football League (NFL). “Super Bowl” is a registered trademarks of the NFL and any reference to this term is used for a factual description of the time frame and location of the event.
VIP Exclusives is not licensed, endorsed, sponsored or affiliated with Playboy Enterprises, Inc. Not all parties held at the venue Playboy Mansion are Playboy parties nor sponsored nor produced by Playboy Enterprises, Inc. Any use of trademarked terms or images on any pages of our website are used solely for descriptive purposes of the venue.
The contents of all material available on this site are copyrighted by VIP Exclusives.
All rights are reserved by VIP Exclusives. Content may not be copied, replaced, distributed, published, displayed, modified, or transferred in any form or by any means except with the prior permission of VIP Exclusives. Copyright infringement is a violation of federal law subject to criminal and civil penalties.
ACCESS TO THE SERVICES
Subject to the Terms and Conditions of this Agreement, VIP Exclusives may offer to provide certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site (“Services”), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services VIP Exclusives performs for you, as well as the offering of any content on the Site. VIP Exclusives may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. VIP Exclusives may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. VIP Exclusives reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, VIP Exclusives encourages you to review the Terms and Conditions whenever you use the Site.
You certify to VIP Exclusives that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
NO LIABILITY
VIP Exclusives, and its employees or agents, are not responsible for any direct, indirect, special, incidental, consequential or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this site or in reliance on the information available on this site, including any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether in an action of contract, negligence or other tortuous action, even if VIP Exclusives has been informed of the possibility thereof.
NO ADVICE OR WARRANTEES
The information on this site, including but not limited to newsletters, articles, opinions and views, is provided for educational information purposes only. You should not act or rely on any information at this site without seeking the advice of a professional.
Information provided on this site is believed to be reliable when posted. However, VIP Exclusives does not guarantee the quality, accuracy, completeness or timeliness of the information provided. VIP Exclusives, and its employees or agents, assume no obligation to update the information or advise on further developments concerning topics mentioned. Information contained on this site may contain typographical errors. Information provided may be changed without notice.
Access to this site is provided on an “as is” basis. You should not assume that your use of this site will be error free or that this site will operate without interruption.
VIP Exclusives and its employees or agents disclaim all warranties, representations and conditions regarding use of this site or the information provided, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
NO ENDORSEMENT OR AFFILIATION
This site contains links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than VIP Exclusives and VIP Exclusives does not assume responsibility for the accuracy or appropriateness of the information contained at, or endorse the viewpoints expressed at, such sites. In providing links to other sites, VIP Exclusives is in no way acting as a publisher of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over such sites.
A link to another site should not be construed to imply that VIP Exclusives is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
WARRANTY DISCLAIMER
VIP Exclusives has no special relationship with or fiduciary duty to you. You acknowledge that VIP Exclusives has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release VIP Exclusives 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. VIP Exclusives makes no representations concerning any Content contained in or accessed through the Site, and VIP Exclusives will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. 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.
INDEMNITY
You agree to defend, indemnify and hold harmless VIP Exclusives, 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 fees, 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.
LIMITATION OF LIABILITY
Under no circumstances shall VIP Exclusives, 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 VIP Exclusives 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 and Conditions, 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 VIP Exclusives 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)].
SITE CONTENT
The Site and its contents are intended solely for the use of VIP Exclusives users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from VIP Exclusives, or from the copyright holder identified in such Content’s copyright notice.
RESTRICTIONS
You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any VIP Exclusives user.
SUBMISSIONS
You are welcome to submit comments regarding the Site. However, by sending any comments, feedback, notes, messages, ideas, suggestions or other communications (“User Submissions”), you hereby grant to VIP Exclusives a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against VIP Exclusives for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions.
The carriers, hotels and other suppliers providing travel or other services for VIP Exclusives are independent contractors and not agents or employees of VIP Exclusives or its affiliates. VIP Exclusives 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. VIP Exclusives 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. VIP Exclusives and its affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
FEES AND PAYMENT
Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. VIP Exclusives reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, 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.
LINKS
This Site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by VIP Exclusives, its third party providers or distributors of the contents of such other web sites. Neither VIP Exclusives nor any third party provider or distributor shall be responsible for the Content of any other web sites. Neither the VIP Exclusives nor any third party provider or distributor make any representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
ATTORNEY’S FEES
If VIP Exclusives 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.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to VIP Exclusives as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that VIP Exclusives 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 and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by VIP Exclusives 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.
TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. VIP Exclusives may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the Terms and Conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
NOTIFICATION AND CONTACT INFORMATION
To the extent that VIP Exclusives may need to contact you, you agree that VIP Exclusives may do so via any electronic means, included but not limited to communication posted on the Site or electronic mail. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Site or the services offered by VIP Exclusives, you may contact our Customer Service department as indicated below. VIP Exclusives will attempt to respond to your questions or concerns promptly upon receipt.
DISPUTES
VIP EXCLUSIVES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CONNECTICUT, HOWEVER, THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. VIP Exclusives shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond VIP Exclusives’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with VIP Exclusives’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind VIP Exclusives in any respect whatsoever.