THE WELCOMING COMMITTEE
WEBSITE TERMS AND CONDITIONS
The Welcoming Committee is a provider of events and travel services for the LGBT community that plans, markets, and facilitates “takeovers” of spaces. TWC’s goal of a “takeover” is to bring an LGBT group together at a venue to create a similar type of comfort that exists for gay people in gay bars. Through the events that TWC organizes from time to time (the “Events”), TWC enables LGBT people to experience Venues (as defined below) that may otherwise seem uninviting. Events may include without limitation bar nights, sporting events, concerts or other activities. As most Events are operated by third-party service providers (“Operators”) or at third-party Venues (defined below) some Events may require advance booking to attend; whereas, other Events may be open at the time of the Event. TWC may also offer third-party product and service offerings through the Services for members to purchase.
1. Definitions.
“Operator” means a third-party who owns and operates a Venue(s), provides services at a Venue or who otherwise manages services related to an Event.
“Products” means goods or wares offered through the Services for purchase from time to time whether supplied by TWC or a third-party Vendor.
“Third-Party Event Registration Service” means the online services provided by Eventbrite, Inc. or such other party as TWC may change from time to time in its sole discretion.
“TWC Offerings” means (i) the Services, including, without limitation, the organizing of Events, but excluding Venue Services and (ii) any Products that are not Vendor Offerings.
“Vendor” means the third-party that provides Vendor Offerings to TWC members.
“Vendor Offerings” means third-party vendor offerings including, without limitation, ticket/registrations, merchandise, travel and reservation services, booking services , and other products and services.
“Venue” means a night club, bar, stadium, casino, event facility or other third-party venue where an Event occurs or where a Vendor Offering is provided.
“Venue Services” means any services provided by an Operator or on behalf of an Operator at a Venue.
4. Registration and Membership.
Some of our Services may be restricted to members only, including the registration to certain Events or the purchase of certain Vendor Offerings and TWC Offerings. In order to become a member, we may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms and Conditions. Prior to purchasing any TWC Offerings or Vendor Offerings you will be required to provide your address and billing information as well as other information as required on the Website or as required by our Third-Party Event Registration Service. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a TWC member, all information that you provide to TWC is subject to TWC 's Privacy Policy. You are responsible for keeping your registration information up to date through your account page, once such feature is made available on the Website.
TWC may enable you to connect to your TWC account with your Facebook account, or other third-party social network service provider account information (“Third Party Social Networking Account”) as indicated on the Website from time to time. By connecting to our Services with a Third Party Social Networking Account, you give us permission to access, store and use your information from such third-party social network service provider including, but not limited to, your user ID, any information that you have permitted the third-party social network service provider to share with us, and any information you have made public in connection with that service. Information received by TWC will be subject to our Privacy Policy, but TWC is otherwise not responsible for the information that it receives from such third-party social network service provider. Any such third-party social network service provider accessed from the Services is independent from TWC, and TWC has no control over the terms or content of that web site. Your use of any third-party social network service provider is subject to its term of service and privacy policy. We request that our users exercise caution and good judgment when using third-party social network service providers. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third-party websites and services before linking or connecting them to the Service.
As a registered user of TWC, you agree to receive emails promoting any special offer(s), including TWC Offerings and Vendor Offerings. We may from time to time send you our newsletter with information about upcoming Events, Vendor Offerings, or TWC Offerings. You may opt-out from receiving special promotions or our newsletter by emailing info@thewelcomingcommittee.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
5. Event Booking; Payment.
We use a Third-Party Event Registration Service in lieu of directly processing your registration/reservation information. By submitting your registration/reservation information, you grant TWC the right to store and process your information with the Third-Party Event Registration Service, which third-party TWC may change from time to time; you agree that TWC will not be responsible for any failures of the Third-Party Event Registration Service to adequately protect such information or to adequately process such registration/reservation information. All financial matters regarding your information are subject to the conditions of the Third-Party Event Registration Service’s terms of service; the current versions is attached as a link at http://www.eventbrite.com/tos/. You acknowledge that we may change the Third-Party Event Registration Service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
6. Product Purchases; Payments.
To the extent made available on the Website, you may purchase Vendor Offerings or TWC Offerings through the Third-Party Event Registration Service or as otherwise as set forth on the Website. Events may be free admission. The price of the Vendor Offerings and TWC Offerings are payable in full upon registering or making a reservation, unless otherwise set forth on the Website. Please check our Website for a list of credit cards and other payment methods that we accept.
We or our Third-Party Event Registration Service may use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant TWC the right to store and process your information with the third party payment service, which we may change from time to time; you agree that TWC will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
You acknowledge and agree that, as between you and TWC, all purchases made through the Services or Third-Party Event Registration Service are final and non-refundable. The applicable Vendor is solely responsible for making any decisions regarding refunds that you may feel you are entitled to for purchases made through the Services, and you agree to address any such requests solely to the applicable Vendor for the respective Vendor Offering. If you believe you have been charged by us in error, please contact us via e-mail at payments@thewelcomingcommittee.com. You acknowledge that, as with any transmission of credit card information over the Internet or through a wireless network, we cannot guarantee the security of your credit card information.
7. Vendor Rules and Restrictions.
Additional terms and conditions will apply to your reservation and purchase of Vendor Offerings that you select. Please read each Vendor’s terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Vendor with whom you receive Vendor Offerings, including, but not limited to, payment of all amounts when due and compliance with the Vendor's rules and restrictions regarding availability and use of Vendor Offerings. We reserve the right to cancel your order if full payment is not received in a timely fashion. You acknowledge that some Vendors may require you to sign their liability waiver prior to participating in the Vendor Offering. You understand that any violation of any such Vendor's rules and restrictions may result in cancellation of your reservation(s)/registration(s), in your being denied access to the applicable Vendor Offerings, in your forfeiting any monies paid for such Vendor Offerings, and/or in our debiting your account for any costs we incur as a result of such violation.
8. Prepaid Reservations to Events and Vendor Offerings.
You acknowledge that TWC pre-negotiates certain group rates with Vendors to facilitate the booking of registration or reservations on your behalf, or the availability of Vendor Offerings. The group rate provided by TWC is a combination of the pre-negotiated group rates for Event registration or other Vendor Offerings plus the facilitation fee retained by TWC for our Services. Upon selecting an Event or TWC Offering on our Website or through the Third-Party Event Registration Service, you authorize TWC or its or Third-Party Event Registration Service to book Events and Vendor Offerings for the total price, which includes the group rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes. You agree that your payment account or credit card will be charged by TWC for such total price. Upon submitting your request to register or purchase Event admission or Vendor Offering, you authorize TWC to facilitate the registration or purchase on your behalf, including making payment arrangements with Vendors.
9. Travel Destinations.
TWC urges members who purchase Vendor Offerings for travel to a foreign country to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY INCLUDING VENDOR OFFERINGS IN THE SERVICES FOR SALE OF TRAVEL TO PARTICULAR DESTINATIONS, ESPECIALLY INTERNATIONAL DESTINATIONS, TWC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
10. Shipping and Risk of Loss for Products.
All shipping and risk of loss for any Vendor Offerings or Venue Services are solely between You and the applicable Vendor or Operator.
For all TWC Offerings that you purchase through the Website, unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify TWC within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of TWC Offerings and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
Repeated claims of undelivered products or services may result in the cancellation of your membership.
11. Returns and Exchanges of Products.
Vendor Offerings and Venue Services are provided by TWC “AS-IS” and are subject only to any applicable manufacturer’s, Operator’s or Vendor’s warranty, and any returns or exchanges of defective Vendor Offerings or Venue Services may only be handled through the applicable manufacturer, Operator or Vendor.
If a TWC Offering is defective, you may return it and we will re-perform, replace or credit your account, in TWC’s sole discretion. To request a refund, please contact us at info@thewelcomingcommittee.com. When returning TWC Offerings that are Products, it is your responsibility to take reasonable care to see that such Products are not damaged in transit and are received by us at our address as displayed on the Website.
12. Taxes.
You may be charged local sales tax or VAT, if applicable.
13. International.
a. This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with all applicable local laws and regulations.
b. We make no representation that information on this Website, or the TWC Offerings or Vendor Offerings we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk.
14. Termination; Membership Cancellations.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account. Termination of your membership, shall not affect any obligations that you have accrued under these Term and Conditions prior to such termination. TWC also may terminate the Website immediately as part of a general shut down of our Services.
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website or by emailing us at info@thewelcomingcommittee.com.
TWC will have no obligation to provide a refund of any amounts previously paid to TWC. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, irrevocable license grants, warranty disclaimers, indemnity, release and limitations of liability.
15. Release.
You acknowledge and agree that TWC does not provide Venue Services or Vendor Offerings and acts solely as a sales channel between you and the Operator or Vendor. You further acknowledge and agree that TWC has no control over, and is not responsible for, VENDOR OFFERINGS OR any activity that occurs at a Venue, including but not limited to: your being denied access (including because of age restrictions) to a Venue, your being required to leave a Venue, any interactions between Venue personnel and you or your guests or any interactions between you or your guests and other Venue guests. you MUST submit aNY complaint regarding A VENDOR, Operator, Venue or Venue services DIRECTLY TO the Operator or Venue; TWC WILL NOT BE RESPONSIBLE FOR FORWARDING SUCH COMPLAINTS ON YOUR BEHALF. You acknowledge that it is the sole responsibility of the Operator to resolve any complaints or issues you may have relating to a Venue, Venue service or Venue Operator.
You agree that under no circumstances will TWC be liable for any loss or damage from TWC OFFERINGS or your reliance on information in any Content on this Website. You agree that your sole and exclusive remedy arising from or relating in any way to any TWC OFFERING shall be ITS REPLACEMENT OR A CREDIT TOWARDS A FUTURE PURCHASE, IN TWC’s DISCRETION.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS, SERVICES TWC OFFERINGS, VENDOR OFFERINGS, CONTENT, EVENT INFORMATION AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TWC DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS, SERVICES, VENDOR OFFERINGS OR CONTENT ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE VENDORS PROVIDING VENDOR OFFERINGS AND OPERATORS OPERATING VENUES AND PROVIDING VENUE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TWC. TWC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH VENDORS, OPERATORS, VENUES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TWC SHALL 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, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL TWC AND/OR ITS RESPECTIVE VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TWC AND/OR ITS RESPECTIVE VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree TWC’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, The WEBSITE, THE CONTENT, OR any Product or Services WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO TWC IN THE THEN-PRIOR CALENDAR MONTH.
19. Indemnification.
By using this Website, our TWC Offerings, Vendor Offerings, or Venue Services you agree to indemnify, hold harmless and defend TWC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, our Services, TWC Offerings, Vendor Offerings, or Venue Services by you or any other person accessing the Website using your member login account.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
We may post pictures on the Services from time to time from Events or other activities that include our Users (collectively, the “photographs”). Each User hereby grants to TWC. a perpetual, irrevocable, transferable, sublicensable, royalty-free right to use in any manner, all such photographs, and any portions thereof, which can be used presently and in the future with no limitation with regards to purpose or time. You hereby release TWC and its successors from any claim of any kind or nature whatsoever arising from the use of photographs. You understand there will be no compensation made to you for use of the photographs.
d. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by TWC, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion forum, or other Service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
TWC services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. We will revoke the Login Credentials of anyone we believe is under 18 years of age.
Unless otherwise noted, all Content contained on this Website is the property of TWC and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by TWC and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us the license set forth in Section 21(a).
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
Governing Law; Dispute Resolution. These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and TWC shall appoint as sole arbitrator a person mutually agreed by You and TWC or, if You and TWC cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, TWC shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TWC of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. TWC does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information. If you have any questions about these Terms and Conditions, please contact info@thewelcomingcommittee.comCopyright 2012, The Welcoming Committee, Inc. All Rights Reserved.
Version: November 18, 2012
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