Terms & Conditions

The following describes the terms on which Orlando VIP Card LLC offers you access to our services.

Introduction

Welcome to Orlando VIP Card LLC. By using the services on the Orlando VIP Card LLC Web sites (Orlando VIP Card LLC and other related Web sites where this agreement appears) (the “Sites”), you are agreeing to the following terms, (the "Agreement" or "User Agreement") with Orlando VIP Card LLC Inc. as well as the Terms of Use as posted on each of the Sites.

Before you may become an advertising user or member of Orlando VIP Card LLC’ Sites, you must read and accept all of the terms and conditions in, and linked to, this User Agreement, our Terms of Use and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each Web site.

Using Orlando VIP Card LLC Sites

While using the Sites, you will not:

post content or items in an inappropriate category or areas on the Sites; violate any laws, third party rights, or our policies;
use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
fail to deliver payment in any transaction for any Third Party Goods or Services (as defined below) provided to you by a third party purveyor, unless that third party has materially changed the good or service from what was originally listed, a clear typographical error is made, or you cannot authenticate the third party purveyor's identity;
fail to deliver goods or services purchased from you, unless the interested third party fails to meet the posted terms, or you cannot authenticate the interested third party's identity;
manipulate the price of any good or service or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Orlando VIP Card LLC;
post false, inaccurate, misleading, defamatory, pornographic or libelous content (including personal information);
transfer your Orlando VIP Card LLC account (including feedback) and User ID to another party without our consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Orlando VIP Card LLC, or the interests or property of the users of Orlando VIP Card LLC Sites;
copy, modify, or distribute content from the Sites and Orlando VIP Card LLC' copyrights and trademarks; or
harvest or otherwise collect information about users, including e-mail addresses, without their consent.

Abusing Orlando VIP Card LLC Sites

Orlando VIP Card LLC and our user community (the “Community”) work together to keep the Sites working properly and the Community safe. Please report problems, offensive content and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Web site, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees and Services

Our Sites offer a service that brings together third party purveyors and interested third parties in connection with transactions involving merchandise and/or services (“Third Party Goods or Services”). Information about Third Party Goods or Services is supplied by third party purveyors and not by Orlando VIP Card LLC. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the Sites often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Sites will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one’s own good judgment.

When you offer any Third Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third party purveyor, and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other Web site, product or service. Orlando VIP Card LLC reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate.

Responsibility for the information contained in listings lies with each third party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Sites. Nothing will undermine a user's confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Sites fairly and honorably.

Though we cannot monitor every transaction that originates on the Sites, we may perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Sites are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third party purveyor is engaging in "bait and switch" or other unfair or deceptive practices, Orlando VIP Card LLC reserves the right to deny that third party purveyor use of the advertising service.

By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third Party Goods or Services.

The term Fees does not currently apply to our FREE Listing Promotion. Fees may be imposed for future listing modifications. Fees do apply to the purchase of a Premium Listing, Banner Advertisement or the purchase of Orlando VIP Cards. There may also be fees associated with participation in our Fundraising Program.

We reserve the right to reject any ad copy or application. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change.

We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Orlando VIP Card LLC. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency) to enforce our Terms of Use, User Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our Sites, our advertisers, the public or Orlando VIP Card LLC. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. Publisher accepts no liability for error or omission. NO REFUNDS AFTER POSTING.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold Orlando VIP Card LLC responsible for other users' actions or inactions, including things they post. The Sites are a venue to allow anyone to consummate transactions involving Third Party Goods or Services, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between third party purveyors and interested third parties. We have no control over and do not guarantee the quality, safety or legality of Third Party Goods or Services advertised, the truth or accuracy of listings, the ability of third party purveyors to sell items, the ability of interested third parties to pay for items, or that an interested third party and a third party purveyor will actually complete a transaction.

We do not transfer legal ownership of items from the third party purveyor to an interested third party, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of goods are transferred upon physical delivery of the goods to the interested third party by the third party purveyor. Unless the interested third party and the third party purveyor agree otherwise, the interested third party will become the lawful owner of the goods upon physical receipt of the goods from the third party purveyor, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Orlando VIP Card LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Orlando VIP Card LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without the prior express written permission of Orlando VIP Card LLC and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Orlando VIP Card LLC Privacy Policy. We view protection of users' privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Orlando VIP Card LLC Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Orlando VIP Card LLC' national registered agent (in the case of Orlando VIP Card LLC) or to the e-mail address you provide to Orlando VIP Card LLC during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Law and Forum for Disputes

This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Orlando VIP Card LLC must be resolved by a court located in Orlando, Florida. You agree to submit to the personal jurisdiction of the courts located within Orlando, Florida for the purpose of litigating all such claims or disputes.

Terms of Limited Liability and Use of Service

THIRD PARTY CONTENT, SITES, AND TERMS OF SERVICE

The Orlando VIP Card site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Orlando VIP Card LLC, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through our Site and Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Orlando VIP Card LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Orlando VIP Card LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Orlando VIP Card LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Independent Sales Representative

In accordance with the terms and conditions hereinafter set forth, either a Sales Representative or Independent Sales Representative of Orlando VIP Card, LLC shown on the accompanying Advertising Order is authorized on behalf of Company to provide advertising space to Advertiser as specified on the Advertising Order under the specific conditions noted below. You may contact us by phone or email providing you the Advertiser an opportunity to verify the authenticity of any authorized salesperson.

Artwork and Advertising Deadlines

Advertiser must provide logo and/or artwork for a Premium Listing, it must be in electronic, print ready format, and delivered directly to Company within five business (5) days of the date of this Agreement. Artwork must meet Company specifications. The Company shall make every effort to contact the Advertiser for approval of necessary and appropriate changes to advertising copy for inclusion in contracted Media Ad runs, including, but not limited to, discount expiration dates and seasonal offers. In the event Company is unable to contact Advertiser before Advertising Deadline, Company reserves the right, in its sole discretion, to make necessary and appropriate changes to advertising copy to ensure fulfillment of this Advertising Order and Agreement. Advertiser also gives full and unlimited permission to Company, during the term of this Agreement, to utilize Advertiser’s advertising copy, complimentary and at no cost to Advertiser, in other related multimedia advertisements.

Digital and Electronic Artwork

It is the Advertiser’s responsibility to maintain a copy of the original layout and artwork file. Company is not responsible for accidental damage to artwork or media supplied by the Advertiser or for the accuracy of input provided by Advertiser. Media provided may be returned to the Advertiser, please include a self addressed stamped return envelope.

Color Proofing

Due to differences in computer color configurations, equipment, paper, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs it will be considered acceptable performance.

Copyrights

Advertiser warrants that the logo to be posted is either not copyrighted by a third party, or, if copyrighted by a third party, is being used with permission. Advertiser recognizes that, because advertising copy does not have to bear a copyright notice to be protected by copyright laws, absence of such noticed does not necessarily assure the right to reproduce. Advertiser further warrants that no copyright notice has been removed from any material used in preparing the advertising copy for reproduction. Advertiser agrees to indemnify and hold harmless the Company for all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement involving the advertising copy produced or provided.

Company Image Rights

Advertiser also warrants that their business does not promote anything that is libelous or scandalous or anything that threatens or violates anyone’s right to privacy or other personal or economic rights. The Advertiser will, at the Advertiser’s sole expense, personally and thoroughly defend Company in all legal actions on these grounds as long as the Company:

Promptly notifies the Advertiser of legal action.
Gives the Advertiser reasonable time to undertake and conduct a defense.

The Company reserves the right to use its sole discretion in refusing to promote anything the Company deems libelous, scandalous, improper or infringing on copyright law.

Indemnification

Advertiser agrees to protect the Company from economical loss and other harmful consequences with regard to the contracted work. Advertiser will indemnify and hold harmless and defend the company against any claims, demands, actions and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

Vendor Referrals

During the sign up process you will be given the opportunity to provide the Company with referrals, you will receive 1 Complimentary VIP Card for each Premium Listing Sign Up referred.

Satisfaction Guarantee

Our commitment to Customer Service and your satisfaction is unwavering.We will work with you to reasonably resolve any issue. That’s our guarantee and we proudly stand behind it.

Additional Terms and Conditions:

This Agreement is non-cancellable by the Advertiser unless requested in writing with a 30 day notice and approved by the Company.
All processed transactions are Non-Refundable.
Advertiser acknowledges that Advertiser has not relied upon any promise, statement, representation or inducement, whether verbal or written, other than as contained in this Agreement and in executing and agreeing to be bound by this Agreement. No verbal or written modifications to this Agreement or its accompanying Advertising Order are permitted.
Final acceptance of this Agreement shall be confirmed at Company headquarters, Advertiser and Sales Representative hereby waive notification of same.
This Agreement shall remain valid for the period specified on the accompanying Advertising Order.
Company shall not be liable for failure to perform as a result of any causes beyond the reasonable control of Company, such as, without limitation, contractor delays, labor disputes, strikes or materials shortage. In such case, Company, at its sole discretion, may extend the term and expiration of the Advertising Order.
Advertiser acknowledges that unforeseen conditions may reduce the volume of VIP Card Sales and/or distribution and agrees to hold the said Company harmless.
All check payments shall require a waiting period to proceed for the check to clear, waiting period not to exceed 3 business days past the period of time necessary to confirm the validity and posted payment as per the Advertising Order.
Returned checks are subject to a $35 returned check fee.
If a renewal invoice has not been paid by the due date, The Company reserves the right to resell a Premium Listing location.
If Annual Auto-Pay option is authorized it is the responsibility of the Advertiser to make sure the Company has up to date credit card information. Falseinformation or expired charge cards may cause the resale of a Premium Listing location.
A Basic Listing may be cancelled by the Advertiser in writing via email or mail at any time. The listing will be removed from the website within 3 business days of receiving an authorized cancellation. A Premium Listing may not be cancelled until the listing end date because your company logo or likeness may appear on some of our marketing material.
Absolutely NO REFUNDS after your listing has been posted to the Orlando VIP Card website.
In the event any authorized Advertiser’s Credit Card payment is declined, the Company shall make 3attempts to obtain payment authorization. If Company is unable to obtain authorization for payment, it may initiate the resale of a Premium Listing location.
In the event of any legal action involving this Agreement, the prevailing party shall be entitled to its attorney’s fees and costs.
Each Advertising Order, regular or promotional, shall be treated as an individual order, and any dispute with respect to any individual Advertising Order shall have no affect whatsoever with respect to any other individual Advertising Order.
By signing this agreement the Advertiser acknowledges that they have read, understands and agrees to be bound by all of the terms, conditions and provisions listed within this agreement.
This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws principle.
Any and all litigation involving Advertiser, Independent Sales Representative of Company, and/or Company respecting this Agreement shall be in the federal or state courts located in Osceola County Florida, and each of the parties hereto agrees to accept the jurisdiction of such courts and waives any right to challenge such jurisdiction or to request a change of venue.
No amendment, change or modification of this Advertising Order and Agreement for shall be valid unless in writing and signed by the parties hereto.
This Multimedia Advertising Order and Agreement document constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Advertiser agrees to honor the promotion listed on the Advertising Order Form until the Listing End Date unless rescinded in writing and approved by the Company.

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