StayClassy

Visitor Agreement


[ Member Agreement ] · [ Nonprofit Member Agreement ]

Date of Last Amendment: October 7, 2011

IMPORTANT: READ THE ENTIRE AGREEMENT.

THIS AGREEMENT APPLIES TO ALL UNREGISTERED VISITORS TO THE STAYCLASSY.ORG WEBSITE.

BY VISITING OR USING THE STAYCLASSY.ORG WEBSITE YOU SIGNIFY THAT YOU HAVE READ, AND ACCEPT, THE FOLLOWING AGREEMENT. YOU WILL BE CONTRACTUALLY BOUND BY THE TERMS CONTAINED HEREIN.

TTHIS AGREEMENT, INCLUDING ANY TERMS REFERENCED HEREIN, MAY BE AMENDED FROM TIME TO TIME. CHANGES TO THIS AGREEMENT WILL ONLY APPLY PROSPECTIVELY. A GIVEN AMENDMENT WILL NOT APPLY TO CLAIMS ARISING BEFORE, OR ARISING FROM FACTS OCCURING BEFORE, THE POINT IN TIME WHEN THAT AMENDMENT WAS PUBLISHED TO THE STAYCLASSY.ORG WEBSITE.

IT IS YOUR RESPONSIBILITY, AND YOUR RESPONSIBILITY ALONE, TO REGULARLY CHECK THE TERMS OF THIS AGREEMENT TO SEE IF REVISIONS HAVE BEEN MADE. THE DATE OF THE LAST AMENDMENT MADE TO THIS AGREEMENT WILL BE POSTED AT THE TOP OF THIS PAGE. YOUR CONTINUING VISITS TO THE STAYCLASSY.ORG WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES THAT HAVE BEEN MADE TO THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT ANY CHANGES MADE TO THIS AGREEMENT, YOU MAY DISCONTINUE YOUR VISITS TO THE STAYCLASSY.ORG WEBSITE AT ANY TIME.


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CONTENTS BY SECTION:

· 1. PRELIMINARY
· 2. INTELLECTUAL PROPERTY
· 3. FINANCIAL TRANSACTIONS
· 4. ALLOCATION OF RISK
· 5. GENERAL
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1. PRELIMINARY

Parties - This is an Agreement by and between StayClassy Productions Incorporated ("StayClassy"), a California corporation, and you, the party, accessing or using the stayclassy.org website (the "Visitor").

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Visitor - By visiting/using the stayclassy.org website, or any subdomains thereof, (collectively the "Website"), Visitor represents and warrants that (1) Visitor is age EIGHTEEN or older, or Visitor is age THIRTEEN or older and has the consent of Visitor's legal guardian to visit/use the Website, and (2) Visitor has the legal authority to enter into this Agreement.

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Consideration - StayClassy grants the Visitor a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to access and use (but not to copy, reproduce, alter, or profit from in any way) the public portions of the Website (those portions not requiring registration); in exchange the Visitor agrees to be legally bound by all the terms and conditions contained herein..

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Term of Agreement - This Agreement will continue in force between StayClassy and the Visitor for as long as the Visitor visits, or continues to visit, the Website. If the Visitor wishes to end the term of this Agreement, then the Visitor's sole remedy shall be to discontinue visiting the Website.

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Notice of Changes to this Agreement - StayClassy reserves the right to amend, modify, or change the terms of this Agreement from time to time. As detailed above, such changes will only apply prospectively. Visitor acknowledges, understands, and agrees that notice of any changes made to this Agreement shall be given solely by way of publication of the "Date of Last Amendment" at the top of this page.

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International Visitors - In addition to the foregoing, Visitors from countries outside the U.S. (i) consent to having their data transferred to and processed in the United States and (ii) represent, warrant, and irrevocably covenant that they will not engage in any financial activity on the Website if they are either a resident of a country embargoed by the United States or listed on the U.S. Treasury Department's list of Specially Designated Nationals.

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Privacy - By accessing the Website Visitor agrees to the StayClassy Privacy Policy, which may be viewed by clicking here. Visitor agrees to the use of Visitor's data by any member-charity, event-host, or person with a fundraising page that Visitor makes a donation to, or purchase from, in accordance with that party's policies.

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Standards of Conduct - By visiting the Website Visitor agrees to the StayClassy Standards of Conduct, which may be viewed by clicking here

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2. INTELLECTUAL PROPERTY

StayClassy's Intellectual Property - Notwithstanding the above-granted limited license, the Visitor understands that all web content, graphics, software and the like that Visitor gains access to on the Website remain the sole property of StayClassy. The Visitor acknowledges that it has no right, title, or interest in StayClassy's intellectual property. All goodwill accruing from the use of StayClassy's intellectual property shall inure to the benefit of StayClassy alone.

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Visitor's Intellectual Property By posting, transmitting, or uploading content to the Website Visitor grants StayClassy a non-exclusive, worldwide, transferrable, irrevocable, royalty-free, license, to reproduce, publicly display, publicly perform, publish, store, transmit and modify (create derivative works from) such content for use in connection with the operation of the Website; such use may include the display or reproduction of the Visitor's content by StayClassy affiliates or partners. Visitor agrees that unless the Visitor specifically requests anonymity, the fact and amount of any donation or purchase made by the Visitor may be shared through the Website's various activity feeds. By posting, transmitting, or uploading content to the Website, Visitor represents and warrants that Visitor has legal authority to grant the above-described license to StayClassy

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3. FINANCIAL TRANSACTIONS

Agency - Visitor understands that StayClassy acts as the agent of its member-charities for the limited purpose of receiving donations for, and periodically remitting donations to, such member- charities. As used here, "donation" includes money from ticket sales. ↑ Back to Top ↑

Donation and Ticketing Fees - StayClassy charges a fee for donations made to StayClassy member charities or for tickets purchased through the Website. The fees are as follows:

Individual ticket sale or donation totaling $5.00 or less:

$0.50

Individual ticket sale or donation totaling more that $5.00:

5.5% of the donation/ticket amount, and


An additional 1% added on for international donations or donations made with an American Express card

Note:

The 5.5% fee includes a 3% StayClassy fee and a 2.5% fee to cover standard credit card processing costs. For tickets, fees are applied to each ticket individually even if several tickets are purchased in the same transaction.

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Ticket Sale Refunds - It is the sole responsibility of the host of a given event to communicate a refund policy to ticket purchasers. It is also the sole responsibility of the event host to address and settle any consumer requests for ticket sale refunds. Visitor agrees that it will bring any refund claims directly against the host of the event at issue and never against StayClassy.
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4. ALLOCATION OF RISK

Responsibility for Events - TThe Visitor agrees that StayClassy shall HAVE NO RESPONSIBILITY FOR ANY EVENTS BEING ADVERTISED FOR ON THE WEBSITE. ALL RESPONSIBILTY FOR THESE EVENTS, INCLUDING THEIR ADMINISTRATION, RESTS WITH THE PARTY PLANNING, AND HOSTING, THE EVENT. The Visitor agrees to pursue any and all claims related to the inadequacy of an event, including an event's complete non-occurrence, against the party responsible for hosting the event and not against StayClassy itself. StayClassy neither warrants nor represents anything at all about the persons, or other parties, that may choose to advertise events through the Website, including such persons', or parties', ability to complete a given transaction. Likewise, StayClassy neither warrants nor represents anything about the administration, quality, legality, or safety of events advertised through the Website.

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Indemnification - The Visitor agrees to indemnify and hold harmless StayClassy, its successors or assigns, and all StayClassy's officers, directors, employees, agents, independent contractors, and all StayClassy affiliates for all costs (including attorney's fees) from third party claims arising out of, or relating to, the Visitor's breach of this Agreement.

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Waiver of Warranties - StayClassy disclaims all warranties, express or implied, concerning the Website to the fullest extent allowed by law (which may vary by jurisdiction). This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. StayClassy makes no warranty about the safety or security of the Website, and Visitor accepts all risk related to technological threats. StayClassy makes no warranties concerning continuity of service; interruptions of indeterminable length may occur for any number of reasons and Visitor assumes all risk attendant with such interruptions. StayClassy only offers the Website "AS IS" and "WITH ALL FAULTS." ↑ Back to Top ↑

Liability Release - In exchange for access to and use of the Website, the Visitor agrees to release StayClassy, its officers, directors, employees and agents (the "Releasees") from ALL LIABILITY, DAMAGES (INCLUDING DEATH OR PERSONAL INJURY), LOSSES, OR CLAIMS OF ANY KIND WHICH MAY ARISE FROM THE VISITOR'S USE OF THE WEBSITE, OR THE VISITOR'S INTERACTION, OF ANY TYPE OR DEGREE, WITH THIRD PARTIES APPEARING ON THE WEBSITE. THIS RELEASE WILL APPLY EVEN IF SUCH LIABILITY, DAMAGE, LOSS, OR CLAIM IS CAUSED BY, OR CONTRIBUTED TO BY, THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES.

Visitor expressly waives all rights Visitor may have under California Civil Code � 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."↑ Back to Top ↑

Limitation of Liability - To the extent that Visitor may have a claim not covered by the above release, Visitor understands and agrees that StayClassy and the other Releasees' aggregate liability to Visitor for any damage alleged to be suffered by Visitor in connection with Visitor's use of the Website, shall not exceed the greater of one hundred U.S. dollars or the total amount the Visitor has paid to StayClassy in the year preceding the date of the claimed violation. StayClassy and the other Releasees will not be liable to the Visitor for any consequential, special, indirect or incidental damages (including lost profits), even if they have been informed of the possibility of such damages, arising out of or in connection with breach of this Agreement or the Visitor's use of the Website. Applicable law may not allow for the above limitations or exclusions, so they may not apply to every Visitor; in such a case, StayClassy and the other Releasees' liability will be limited to the fullest extent allowed by applicable law. ↑ Back to Top ↑

Nonprofits - StayClassy makes no warranties about the legitimacy of the nonprofits reachable through the Website. StayClassy makes no warranties concerning the potential tax-deductibility of any financial transactions Visitor might make on the Website. Although StayClassy may characterize a given transaction as a "donation" or "charitable gift," or use another like term, this should not be relied upon as tax advice. Always consult a qualified tax professional before determining whether, or to what extent, a particular financial transaction may be written off for tax purposes.↑ Back to Top ↑


5. GENERAL

Entire Agreement - StayClassy and the Visitor intend for this document (entitled "Visitor Agreement") to be a complete integration of the agreement between StayClassy and the Visitor. As the final agreement between StayClassy and the Visitor it supersedes and displaces any other earlier or contemporaneous written or oral agreements, negotiations, or statements purporting to deal with the subject matter hereof.
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Divisibility - The finding by a court of competent jurisdiction of the unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. Such court shall have the authority to modify or replace the invalid, illegal, or unenforceable term or provision with a valid and enforceable provision that most accurately represents the parties' intentions with respect to the invalid, illegal, or unenforceable term or provision. The parties' intentions should be judged solely by reference to the language of this Agreement prior to any court modification. ↑ Back to Top ↑

Headings - - The bolded headings provided at the beginning of each term, as well as the numbered section headings, are for ease of reference; they have no independent legal weight and should not be used to limit the construction given to the language of each term. ↑ Back to Top ↑

Assignments - - StayClassy reserves the right to assign rights under this Agreement. All assignments by the Visitor of rights under this contract, however, are VOID. ↑ Back to Top ↑

Law, Jurisdiction, and Venue - - Any dispute arising from, or in connection with, this Agreement or the Visitor's use of the Website shall be governed by the laws of the state of California without regard to its choice of law provisions The Visitor and StayClassy agree that ANY AND ALL claims related to such disputes will be brought in a state or federal court located in San Diego County, California. The Visitor expressly submits to the personal jurisdiction of the courts of San Diego County, California for the purposes of litigating all such claims. For purposes of jurisdiction and venue, StayClassy and the Visitor agree that this contract, though entered into over the internet, is to be taken as having been executed in San Diego County, California. ↑ Back to Top ↑

Attorneys' Fees and Costs - - If a dispute under this Agreement needs to be adjudicated in a court of law, then the prevailing party to the litigation shall be entitled to recover all costs incurred as a result of the litigation, including reasonable attorneys' fees, from the party who suffers the adverse judgment. ↑ Back to Top ↑