MOFO MEDIA INC.
FLAUNTPARTY.COM
208 Glen Ellyn Rd Bloomingdale , IL 60108
Phone: (312) 494-5779 - Fax: (847) 466-7252
TERMS OF USE AND MEMBERSHIP AGREEMENT
Welcome to Flauntparty.com. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. By accessing any areas of Flauntparty.com, users agree to be legally bound and to abide by the terms set forth below. Flauntparty.com. is owned and operated by MoFoMedia, Inc. Any references herein to Flauntparty.com shall be deemed to refer to Flauntparty.com and/or MoFo Media, Inc., as applicable under the circumstances.
Membership in FlauntParty is void where prohibited. This Site is intended solely for users who are Twenty one (21) years of age or older. Any registration by, use of or access to the Site by anyone under 21, or by is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 21 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Etiquette, Rules, and Regulations
As a member of the FlauntParty.com you enter a world where service is personalized, privacy is a
must, and encountering amazing people is a regular occurrence. Upon checking "I have read and I agree
to the terms of the FlauntParty Membership Agreement" and entering your initials, the following
rules of etiquette constitute an agreement, enabling all to equally and fully enjoy the benefits of membership.
Membership Cost
Members agree to pay the monthly or annual cost set forth for access to FlauntParty events in accordance with
the etiquette, rules, and regulations set forth as a term of this agreement.
(www.FlauntParty.com as of the date of application submission; Cost of membership is subject to change).
Guest Cost
Members agree to pay the cost set forth for guests' access to FlauntParty events in accordance with
the etiquette, rules, and regulations set forth as a term of this agreement.
Member & Guest Access to the FlauntParty Events
FlauntParty Members are welcome to purchase as many tickets as desired, subject to space availability and FlauntParty event & venue limitations. FlauntParty reserves the right to control access to any or all parts of the event and VIP Lounge Area, and to deny entry to anyone for any reason.
Dress Code
FlauntParty dress code is your sexiest night club wear, show off as much you like. How ever it must be sophisticated and classy, Jeans are not permitted to be worn and no T shirts, sweatshirts, men's sandals or flip-flops, baseball hats, tank tops, shorts, and torn clothing are not allowed. Unless otherwise dictated by the theme of the event.
FlauntParty management reserves the right to consult with you on appropriateness of attire. From time to time you may see celebrities and touring talent outside the dress code - these are rare and exceptions will be judicious.
Etiquette
In order to maintain an environment that is enjoyable for all, FlauntParty reserves the right to ask a member and/or his/her guest(s) to leave an event if:
Their behavior, language, or clothing is deemed inappropriate;
Their actions or conduct interfere with the enjoyment of other members and their guests;
They bring into a FlauntParty event any alcoholic or intoxicating beverage, any illegal
drug or controlled substance; or Their conduct or actions constitute any illegal, improper, or immoral behavior.
Ticket Purchase /Availability
Event tickets are non-refundable and non-transferable. Event tickets are for use by members and guests of members. Any misuse or re-selling of tickets is unacceptable. Name changes on ticket orders may not occur on the night of the event. Any request for changes in a ticket order must be done at least 72 hours before the date of the event unless otherwise prohibited by the venue. Tickets are on a "first come, first served" basis and quantities are limited. Exclusive arrangements can be made, whenever possible and on
a "first come, first served" basis. Ticket prices are subject to change.
Privacy Policy
By providing the address(es), email address(es), phone number(s), and fax number(s) in the membership application, I hereby give FlauntParty my express written permission to contact me at each number or address to keep me informed about FlauntParty events, services and offerings. I acknowledge that FlauntParty values my right to privacy. I understand that I can revoke this consent at any time by contacting FlauntParty in writing.
Membership Dues & Renewal
I understand that responsibility for annual or monthly dues and FlauntParty privileges begin upon approval of Membership. Membership renewal dues are due upon receipt of annual statement. I agree to pay the dues in full when due. I UNDERSTAND THAT MEMBERSHIP DUES ARE NON-REFUNDABLE. I understand that a late charge up to the maximum amount allowable by law, or other penalties, may be
assessed for past-due accounts. In addition to late fees, penalties may include, but are not limited to
suspension of FlauntParty privileges and/or expulsion from membership. By reading the terms of this agreement, agreeing and clicking the box or by signing below, I agree and fully authorize all such charges to credit card account(s) maintained with FlauntParty and MoFo Media Inc.. I agree to pay all reasonable attorneys fees, investigator fees, and costs in the event this account is turned over for collection. I understand that with payment of annual membership dues I receive one (1) complementary member ticket to one (1) FlauntParty marquee social event and if I elect to attend additional events I will pay the prevailing price for a member event ticket.
Resignation
In the case a member wishes to resign from membership, resignation must be requested in writing with a signed letter to FlauntParty stating reason(s) for resignation. FlauntParty must receive this request at least 30-days in advance of renewal date (i.e. the one year anniversary date of application for membership).
CONDITIONS OF ADMISSION TO EVENTS
The member agrees that FlauntParty.com, ad its event sponsors, venues or charitable
beneficiaries shall have the unrestricted right and license to use and exploit the member's image, voice, and likeness as it appears in any film, photograph, broadcast, telecast, and/or recording made in
connection with a FlauntParty event in any manner, in all media, worldwide, in perpetuity, including without limitation, in any advertisements and/or promotions or other trade purposes without express written permission.
WARNING - ASSUMPTION OF RISK
By entering any FlauntParty event, the member assumes all risk and danger incidental to the event, whether such risks occur prior to, during, or subsequent to the actual event. The member further agrees that FlauntParty and their agents are not liable for any personal items lost, stolen, damaged, or misplaced at any event or in any venue. THE MEMBER HEREBY FULLY RELEASES AND DISCHARGES FLAUNTPARTY, ITS EMPLOYEES, AGENTS, OWNERS, AFFILIATES, SPONSORS, VENUES AND ASSIGNS FROM ANY LIABILITY, INJURY, LOSS, DAMAGE OR CLAIM ARISING FROM MY ATTENDANCE AND/OR PARTICIPATION AT ANY
FLAUNTPARTY EVENT.
Default/cancellation of membership
Breach of any term of this agreement by the member and/or their guests shall constitute default. Upon such an occurrence, FlauntParty reserves the right to cancel or revoke a membership, without recourse. FlauntPartyretains the right, under such circumstances, to terminate its obligation under this agreement and shall have any and all remedies available under applicable law, including without limitation the right to eject the member and/or their guests. The member shall be liable for all reasonable attorney fees, investigator fees and expenses incurred by FlauntParty in connection with the
enforcement of any of its rights or remedies hereunder. The failure by FlauntParty to exercise any right or remedy hereunder shall not constitute a waiver or release thereof.
I agree the terms and conditions of my membership and may not be added to, amended, or contradicted in any way by evidence of prior, contemporaneous, or subsequent oral agreements of any kind and acknowledge there are no unwritten oral agreements of any kind. Upon checking "I have read and I agree to the terms of the FlauntParty Membership Agreement" and entering my initials, I agree to all of the terms and conditions set forth herein, and in witness whereof hereby execute this agreement.
- PLEASE PRINT THIS DOCUMENT FOR YOUR RECORDS -
MOFO MEDIA INC.
FLAUNTPARTY.COM
208 Glen Ellyn Rd Bloomingdale , IL 60108
Phone: (312) 494-5779 - Fax: (847) 466-7252
I. TRADEMARKS:
All Flauntparty.com graphics, logos and service marks and trademarks of MoFo Media, Inc. and its affiliates may not be used without prior written consent of Mofo Media, Inc. or its affiliates, as the case may be. All other trademarks,product names, and company names and logos appearing on Flauntparty.com are the property of their respective owners. All rights reserved.
II. DISCLAIMERS & LIMITATION OF LIABILITIES:
User expressly agrees that use of Flauntparty.com is at User's sole risk. Neither MoFo Media, Inc., nor its affiliates,nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that Flauntparty.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Flauntparty.com , or as to the accuracy, reliability,or currency of any information content, service, or merchandise provided through Flauntparty.com. THIS SITE IS PROVIDED BY MoFo Media, Inc. ON AN "AS IS"AND "AS AVAILABLE" BASIS. MoFo Media, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MoFo Media, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MoFo Media, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Mofo Media, Inc. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Flauntparty.com or any other party involved in creating, producing, or distributing Flauntparty.com be liable for any direct, indirect,incidental, special, or consequential damages that result from the use of or inability to use Flauntparty.com , including but not limited to reliance by a User on any information obtained from Flauntparty.com or that result from mistakes,omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction,
or unauthorized access to Flauntparty.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Flauntparty.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT:
a. PROPRIETARY RIGHTS:
User acknowledges that Flauntparty.com contains information, data, software, photographs, graphs, videos, typefaces,graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks,trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content,in whole or in part. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other
propriety right.
b. DISTRIBUTION OF THIRD PARTY CONTENT:
The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
Neither Flauntparty.com , nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement by contacting Flauntparty.com or MoFo Media.com Mofo Media, Inc. at info@flauntparty.com By
submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Flauntparty.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content 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 Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on Flauntparty.com retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT:
Flauntparty.com is a distributor and not a publisher of Content supplied by third parties and Users. Flauntparty.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements,services, offers, or other information that constitutes part of Content expressed or made available by third parties,including Providers or any other User of Flauntparty.com , are those of the respective authors or distributors and not of Flauntparty.com or its affiliates or any of their officers, directors, employees, or agents. Neither Flauntparty.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider,or any other User of Flauntparty.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Flauntparty.com represents the opinions and judgments of the respective Provider, or User not under contract with Flauntparty.com.
Flauntparty.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Flauntparty.com by anyone other than authorized Flauntparty.com employees. Under no circumstances shall Flauntparty.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss,damage or harm caused by a User's reliance on information obtained through Flauntparty.com. It is the responsibility of
User to evaluate the information, opinion, advice, or other Content available through Flauntparty.com.
IV. ONLINE CONDUCT:
User agrees to use Flauntparty.com only for lawful purposes. User is prohibited from posting on or transmitting through Flauntparty.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful,racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law. If Flauntparty.com is notified of allegedly infringing, defamatory,damaging, illegal, or offensive Content provided by User, Flauntparty.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Flauntparty.com. Flauntparty.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate Flauntparty.com; or (iii) to protect the rights or property of Flauntparty.com, its Users or Providers. Flauntparty.com reserves the right to prohibit conduct, communication,or Content that it deems in its sole discretion to be harmful to individual Users, Flauntparty.com, the communities that make up Flauntparty.com, or any rights of Flauntparty.com.com or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither Flauntparty.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Flauntparty.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct,communication, or Content on Flauntparty.com.
V. PRIVACY POLICY:
In accordance with the terms of Flauntparty.com's Privacy Policy, Flauntparty.com respects the privacy of its Users.
VI. TERMINATION OF USAGE:
Flauntparty.com may terminate User's access, or suspend any User's access to all or part of Flauntparty.com, without notice, for any conduct that Flauntparty.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Flauntparty.com.
VII. USAGE BY CHILDREN UNDER 13:
Flauntparty.com cannot prohibit minors from visiting this site. Flauntparty.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Flauntparty.com requires that all purchases be made by individuals 21 years of age or older.
EACH TIME YOU PURCHASE A PRODUCT AT Flauntparty.com, YOU ARE REPRESENTING TO Flauntparty.com THAT YOU ARE AN INDIVIDUAL 21 YEARS OF AGE OR OLDER.
VIII. APPLICABLE LAW:
This site is created and controlled by Flauntparty.com in the State of Illinois. As such, the laws of the State of Illinois will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Flauntparty.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Illinois and of the United States of America located in the State of Illinois for any litigation arising out of or relating to use of or purchase made through Illinois (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Illinois Courts and agrees not to plead or claim in any IllinoisCourt that such litigation brought therein has been brought in an inconvenient forum.
IX. SEVERABILITY:
The provisions of this ENTIRE Disclaimer Statement are intended to be severable. If for any reason any provision of this ENTIRE Disclaimer Statement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT of this ENTIRE Disclaimer Statement, including all documents referenced herein, represents the entire understanding between you and Flauntparty.com regarding your relationship with Flauntparty.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Flauntparty.com web site. The aforementioned Disclaimer Statement is subject to change without notice, if deemed necessary by MoFo Media, Inc. and/or Flauntparty.com
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