CUSTOMER TERMS OF SERVICE

The following terms constitute a binding legal agreement ("Agreement") dated as of the date on which you accept this Agreement between you (“Customer”) and VIP BIDDING, LLC, an Illinois limited liability company ("VIP"). In order for you to be granted use of and access to the Portal on VIP’s website or mobile application, you agree to the following terms and conditions.

VIP DOES NOT PROVIDE THE GOODS AND/OR SERVICES PROVIDED BY VENDORS. IT IS UP TO THE VENDORS TO OFFER GOODS AND SERVICES WHICH MAY BE OFFERED THROUGH USE OF THE PORTAL. VIP OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH GOODS AND/OR SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE GOODS AND/OR SERVICES OR ACT IN ANY WAY AS A SELLER OF SUCH GOODS AND/OR SERVICES, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY GOODS AND/OR SERVICES PURCHASED BY CUSTOMER THROUGH CUSTOMER’S USE OF THE PORTAL.

VIP agrees to allow Customer access to and use of the Portal according to the following terms.

  1. Customer Portal. Customer will be given access to such internet websites or mobile applications as may be offered and supported by VIP from time to time (such websites or mobile applications referred to collectively as the “Portal”) for the purpose of Customer requesting the purchase of discount offers, goods and/or services (all such discount offers, goods or services referred to herein as “Goods and Services”) from nightclubs, restaurants, bars, ticket brokers and other nightlife and entertainment vendors (the “Vendors”).
  2. Solicitation of Goods and Services. Customer will use the Portal only for the purpose of entering requests for Goods and Services. Customer’s requests for Goods and Services that are entered into the Portal will be sent to such appropriate Vendors as VIP determines in its sole discretion.
  3. Acceptance of Offers. Customer may (but is not guaranteed to) receive offers from Vendors relating to Customer’s request for Goods and Services (“Offer(s)”). Customer shall accept such Offer(s) as Customer determines in its sole discretion. At the time of acceptance of an Offer, Customer shall pay percentage (%) of the price for such Offer (the “Deposit”). Customer shall complete payment for the Offer upon receipt of the Goods and Services provided to Customer at the Vendor’s place of business, provided that Customer shall receive credit for the amount of the Deposit as a reduction to Customer’s final bill.
  4. Use of Offers. Upon payment of the Deposit, Customer shall be entitled to be provided with the Goods and Services included in the Offer at the Vendor’s place of business, all pursuant to the explicit terms of the Offer.
  5. Vendor Policies. Customer is required to follow all policies and requirements of Vendors, including policies on dress code, conduct and the like.
  6. Indemnification. Customer will indemnify and hold harmless VIP from and against any and all loss, costs, claims or liability of any kind, by reason of accident, injuries, or negligence of any kind that may result from any act or omission of Customer.
  7. Representations and Warranties of Customer. Customer hereby represents and warrants that:
    1. Customer is an individual who is at least 21 years of age;
    2. Customer will not use the Portal for any unlawful or fraudulent purpose;
    3. Customer has access to all requisite technology hardware and software necessary to access and utilize the Portal;
    4. Customer will protect and secure Customer’s Portal login information from unauthorized access by third parties and will be responsible for any charges arising from unauthorized access.
    5. Customer will not re-sell or transfer Offers in any way.
  8. Term. The term of this Agreement (the “Term”) will begin on the date this Agreement is accepted by Customer and will continue until terminated by either party for any reason upon thirty (30) days prior written notice delivered to the other party.
  9. Disclaimer of Warranties. VIP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PORTAL. VIP DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PORTAL WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PORTAL WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS IN THE PORTAL WILL BE CORRECTED, (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE PORTAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) REQUESTS FOR GOODS AND SERVICES ENTERED INTO THE PORTAL BY CUSTOMER WILL BE ACCEPTED BY A VENDOR. THE PORTAL IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VIP. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF CUSTOMER’S USE OF THE PORTAL REMAINS SOLELY WITH CUSTOMER TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PORTAL MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
  10. Limitation of Liability. IN NO EVENT SHALL VIP’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL VIP BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). VIP SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY CUSTOMER, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PORTAL, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PORTAL, EVEN IF VIP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    VIP WILL INTRODUCE CUSTOMER TO THIRD PARTY VENDOR FOR THE PURPOSES OF PROVIDING GOODS AND SERVICES. CUSTOMER EXPRESSLY WAIVES AND RELEASES VIP FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE VENDORS. VIP WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN CUSTOMER AND SUCH VENDORS. CUSTOMER EXPRESSLY WAIVES AND RELEASES VIP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM CUSTOMER’S USE OF THE PORTAL, OR IN ANY WAY RELATED TO THE VENDORS.

    THE QUALITY OF THE GOODS AND SERVICES SCHEDULED THROUGH THE USE OF THE PORTAL IS ENTIRELY THE RESPONSIBILITY OF THE VENDOR WHO ULTIMATELY PROVIDES SUCH GOODS AND SERVICES TO CUSTOMER.
  11. Modification. Any provision of this Agreement shall be modified at VIP’s sole discretion upon thirty (30) days prior written notice delivered to Customer. Customer shall have not authority to modify this Agreement, except as may be accepted by VIP in writing.
  12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior verbal or written agreements, understandings, representations, proposals and other communications with respect to the subject matter herein. The parties may from time to time during continuance of this Agreement modify any of its provisions hereof only by an instrument in writing duly executed by both parties.
  13. Successors and Assigns; Assignment. This Agreement will bind the parties and their successors and permitted assigns. Customer shall not assign this Agreement without the prior written consent of VIP. Any assignment attempted without the written consent of VIP will be void. VIP shall have the right to assign this Agreement in its sole discretion.
  14. No Waiver. No action or inaction taken pursuant to this Agreement shall be deemed to constitute a waiver of compliance with any covenant, condition or agreement contained herein. The waiver by any party hereto of any breach or modification of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or modification.
  15. Execution; Counterparts. This Agreement may be executed simultaneously, in two or more counterparts or electronically, each of which shall be deemed an original, but all of which shall together constitute one in the same instrument.
  16. Notice. VIP may give notice by means of a general notice on the Portal, electronic mail to Customer’s email address on record in VIP's Customer account information, or by written communication sent by first class mail or pre-paid post to Customer’s address on record in VIP's Customer account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Customer may give notice to VIP (such notice shall be deemed given when received by VIP) at any time by any of the following: letter sent by confirmed facsimile to VIP at the following fax number: (312) 262-8603; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to VIP at the following address: Duggan Bertsch, LLC, Attn: Clint A. Costa, Esq., 303 W. Madison St., Suite 1000, Chicago, IL 60606.

CUSTOMER PRIVACY POLICY

This Customer Privacy Policy of VIP BIDDING, LLC (“Company”) covers the collection, use, and disclosure of personal information that may be collected by the Company anytime you interact with the Company, such as when you visit our website, when you purchase the Offers or when you contact us. Please take a moment to carefully read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at the Company, and we go to great lengths to protect it. All capitalized terms in this Privacy Policy have the same meanings as found in the Customer Terms of Service Agreement.

1. Reasons the Company Collects Personal Information

We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about.

If you do not want the Company to keep you up to date with our news and the latest information on products and services, update your personal contact information and preferences using the Portal.

2. Information the Company Collects and How the Information May be Used

There are a number of situations in which your personal information may help us give you better products. For example:

We may ask for your personal information when you’re using or logged into the Portal or purchasing an Offer.

When you interact with the Company, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about the Offers you have purchased.

We also collect information for market research purposes — such as your occupation and where you are looking for Offers—to gain a better understanding of our customers and thus provide more valuable service.

We collect information regarding your activities on the Portal. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them.

We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve our products.

This information may be shared with third parties or in special circumstances as described elsewhere in this policy.

3. Your Online Company ID and Related Information

Our website allows you to create an “ID” based on your personal information. This convenient service saves you time and allows for easier use of our Portal. In order to create your ID you will need to create a personal profile by providing your name, phone number, email address, and in some cases your mailing address or a credit card number. The system saves the information in your personal profile and assigns you your own unique personal ID which you can use when performing various activities relating to the Portal and the Offers you purchase from the Company.

4. When the Company Discloses Your Information

The Company takes your privacy very seriously. The Company does not sell or rent your contact information to other marketers.

To help us provide superior service, your personal information may be shared with legal entities within our corporate group globally who will take steps to safeguard it in accordance with our privacy policy.

There are also times when it may be advantageous for the Company to make certain personal information about you available to companies that the Company has a strategic relationship with or that perform work for the Company to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. In such situation these companies are prohibited from using your personal information for any unauthorized purposes and are also obligated to protect your information in accordance with the Company’s policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on our website.

The Company may take the personal information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). The Company then uses the aggregated information to improve the quality of its services to you, and to develop new services and products. This aggregated non-personally identifying information may be shared with third parties.

We also reserve the right to disclose your personal information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, litigation or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies and procedures. Finally we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

5. How the Company Protects Your Personal Information

The Company takes precautions—including administrative, technical, and physical measures—to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

Our websites use Secure Sockets Layer (SSL) encryption on all web pages where personal information is required and to make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it’s transmitted over the Internet. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your personal information.

6. Integrity of Your Personal Information

The Company has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. You always have the right to access and correct the personal information you have provided and can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking at the Portal.

In addition, you can request a copy of your personal information and your interactions with the Portal by contacting us at the email address below.

7. Privacy of Children

Protecting children’s privacy is especially important to us. The Company recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the Company purchaser of the product, and will be treated as such by this privacy policy. If a child under 13 submits personal information to the Company and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our website to persons 21 years or older.

YOU MUST BE TWENTY ONE (21) YEARS OR OLDER TO ACCESS THE PORTAL. IF YOU ARE UNDER TWENTY ONE YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE PORTAL FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THE PORTAL, NO INFORMATION OBTAINED BY THE PORTAL FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.

8. Cookies and Other Technologies

As is standard practice on many corporate websites, our website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our website, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.

As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. The Company will not use the information collected to market directly to that person.

In some of our email messages we use a “click-through URL” linked to content on our website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

In addition we use pixel tags—tiny graphic images—to tell us what parts of our website customers have visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we’re sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database.

9. Commitment to Your Privacy

As we said, the Company takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to our employees and strictly enforce privacy safeguards within the company. In addition, the Company supports industry initiatives, such as TRUSTe, to preserve privacy rights on the Internet and in all aspects of electronic commerce

10. Links to Sites of Other Companies

Our website has links to the sites of other companies. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

11. Further Questions Regarding Privacy

If you have questions or concerns about the Company’s Customer Privacy Policy or data processing, please contact us via the contact information you can obtain by logging onto the Portal.

12. Effective Date; Updates to Privacy Policy

The terms and conditions in this policy statement came into effect on October 1, 2013.

The Company reserves the right to revise, amend, or modify this policy at any time and in any manner. When we change the policy in a material way a notice will be posted on our website along with the updated privacy policy. Your use of our website and any other services provided by the Company after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.