The following is an outline of Company policy for Social Monster terms of service for membership and event operations.Approval of these termsof service shall represent agreement by the member of understanding and for full compliance:
1. Acceptance of Terms of Service: Social Monster reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of this Addendum and the most recent version of the Social Monster Terms of Service at http://socialmonster.com/.
2. Membership Subscription Payment Terms
- Membership Subscription Fees:
All payment terms are to be provided in US dollars.
- 2. One month trial membership available for $.99 with automatic monthly membership renewal.
- 3. Monthly membership fees are $9.95 per month with automatic renewal.
- 4. Annual membership fees are $49.95 per year with automatic renewal.
- Payment for Membership Subscription Fees
All Membership Subscription Fees are on a Pre-Pay Basis Only. Upon submission of membership information via Social Monster’s website, hard copy or membership representative, the member is responsible for and has agreed to the terms of payment and to provide full payment for trial, monthly or annual membership subscriptions.
Annual membership shall automatically be renewed at the end of the term.
Monthly membership shall automatically be renewed at the end of the term and payment shall be processed either on the 16th or 1st of each month depending on initial registration date.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE INBILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MATCHING MONSTER IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR DASHBOARD. IF YOU FAIL TO PROVIDE SOCIAL MONSTER ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SOCIAL MONSTER MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SOCIAL MONSTER).
3. Cancellations – Two Types of Cancellations
- Membership Subscription Cancellation within first Seventy-Two Hours:
You may cancel these Terms of Service, without any penalty or obligation, at any time prior to midnight of the third day following the original date of this membership contract, excluding Sundays and US federal holidays. To cancel this agreement under this Seventy-Two Hour Cancellation Policy, mail or deliver a signed and dated notice or send telegram with your FULL NAME, Social Monster ID, BILLING ADDRESS USED FOR MEMBERSHIP SUBSCRIPTION and E-MAIL ADDRESS, which states that you, the member, are canceling this agreement, or words of similar effect. This notice shall be sent to: Social Monster, Attn: Cancellations, 4237 N Western Ave, Chicago IL 60618-2815.
PLEASE NOTE THAT THE FOLLOWING NOTICES WILL NOT BE PROCESSED: (A) NOTIFICATIONS MISSING YOUR FULL NAME, SOCIAL MONSTER ID OR BILLING ADDRESS, (B) NOTIFICATIONS SENT BY E-MAIL, PHONE OR FACSIMILE, OR (C) NOTIFICATIONS MAILED OR TELEGRAMMED AFTER THE FIRST THREE BUSINESS DAYS OR IF YOUR MEMBERSHIP SUBSCRIPTION HAS ALREADY EXPIRED.
If you do not submit a proper, complete and timely notice, your membership subscription will not be cancelled and you will not receive a refund.
- Membership Subscription Cancellation after first Seventy-Two Hours
To cancel your membership subscription after the first three business days of your membership subscription, sign in on http://socialmonster.com/ with your member ID and password, Click DASHBOARD and follow instructions to Cancel Membership.
4. Membership Term Definitions: All subscription based paying customers of Social Monster shall be considered members. Membership will go into effect immediately following confirmation of payment.
- Trial membership shall be effective from date of payment processing and through a full calendar month at which time standard Monthly membership fees shall be charged. See below for Monthly membership definition.
- Monthly membership shall be effective from date of paymentprocessing and through each consecutive month until such time asmembership has been canceled. Monthly membership shall renew based onthe calendar month. If registering on a month with 31 days, renewalwill occur on the 1st of the following month if it has 30 days. Monthlymembers are subject to event fees as outlined.
- Annual membership shall be effective from date of paymentprocessing through 12 consecutive months and shall automatically renewon each anniversary. Annual members are subject to event fees asoutlined.
5. Activity Fees: There is no activity fee charged to all active members.
6. Eligibility: Social Monster has a minimum age requirement of 21 years old for membership. All Social Monster events have a minimum age requirement of 21 years old for participation. All members must sign a waiver of liability at or before attending their first event or activity. Failure or refusal to do so shall void membership.
7. Social Monster Reservation of rights: Social Monster expressly reserves the right to immediately modify, suspend or terminate Member’s account and refuse current or future use of any Social Monster service without explanation. Failure to abide by membership rules or failure to provide full payment will result in forfeiture of event/membership participation. No refunds will be provided in such instances.
8. Event/Activity Operations:
- Event Manager/Coordinator: At each Social Monster event or activity, there shall be a representative on hand to assist in the operation of that event or activity. It is strongly encouraged that members check in with the event manager when they arrive for the event so it can start in a timely manner.
- RSVP: Member’s reservations must be provided on/by the RSVP date as advertised in Social Monster’s on-line and/or printed calendars. All events are based on a first reserved, first placed basis. If a member reserves for an event on/by the RSVP date but that event has already reached the maximum participation number as advertised and is sold out or cancelled, a full refund for any pre-payments shall be provided within 10 business days of the RSVP.
- Active RSVP Member Bonus: For any member who makes RSVP’s for at least six (6) events per month, should three (3) of those events not become viable or are cancelled, that member shall receive either a refund for that month at the end of their membership term or an extension to their membership by one month. Member’s reservations must be provided on/by the RSVP date as advertised in Social Monster’s on-line calendar. Social Monster shall automatically implement a membership extension at the end of that member’s term unless a written refund request is provided.
- Operational Status: Unless otherwise noted, all Social Monster events shall be deemed operational with a minimum of four (4) members making timely reservations for attendance. Events with less than four (4) members’ reservations shall be deemed inoperative and cancelled.
- Reserved Rights for Even Flexibility: Social Monster reserves the right to make any necessary location, time, fee and participation changes for any and all events advertised on the on-line calendar. While the Company will make every effort to contact members affected by the change, there may be occasion where this cannot be accomplished. Should such changes occur for prepaid events, Social Monster shall provide a refund for that event for the member not be able to attend and who has either advised the Company of their status or who was not able to have been contacted by the Company. Upon notification of changes and participation confirmation by member, no refunds shall be provided.
- Event Payment: All prepaid event fees must be paid in full on or by date requested. Failure to do so will void reservation for that event and cancel participation. Avalid credit card account number from each member is requested to beheld on file to be charged according to prepaid event fees as reservedby that member. If a credit card account number is not available,payment may be made via check or money order made payable to SocialMonster received on/by the reservation date.
Once a member reserves space and provides payment for a prepaid event, unless the event does not become operational, there are no refunds. The member may find a replacement in their stead but must notify Social Monster in advance of this change. Failure to provide prepayment for an event voids the event from that member’s monthly reservation totals.
Please do NOT just show up for an event without having sent in a timely RSVP or receiving confirmation for the local Social Monster office that you are okay to attend! Changes toevents can and do happen and we are not responsible should you justdecide to show up and the event has been changed.
- Member No-Show Event Fee: For any Social Monster event or activity, members who make a successful reservation and then do not show up for the event shall be charged a $15 no-show penalty fee. As the majority of Social Monster events and activities have limited availability, this no-show fee has been implemented to encourage participation fulfillment. Members may provide cancellation notices at least forty-eight (48) hours before the event or activity via e-mail or phone and will not be assessed a no-show penalty. Phone and e-mail notification MUST be received by Social Monster and confirmed with the member to be applicable.
- Member Tardiness: Upon receipt of payment for any ticketed event, it is the member’s responsibility to arrive/meet at the prescribed time. Although Social Monster will make every effort for member to attend late via Will Call window, etc. If available, Social Monster assumes no responsibility for member’s failure to attend event and no refunds shall be provided. In addition, member shall be assessed the No-Show Event Fee IF they do not have an in-person check-in with the Event Coordinator at any time during the event.
9. Transfer of Membership: Annual Membership is transferable to any market served by Social Monster or the Company’s affiliates. Should a member move to a market not served by Social Monster, there are no refunds.
10. Non-Commercial Use of socialmonster.com: By posting Content to any public area of socialmonster.com, you automatically grant, and you represent and warrant that you have the right to grant, to socialmonster.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
11. Member Demeanor: Social Monster requests that all members conduct themselves in a ladylike or gentlemanly manner, dress appropriately and utilize proper civility and language during events.
12. Invalidity of Specific Terms: If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid,the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the such documents remain in full force and effect.
13. This User Agreement is made in the state of Illinois, and shall be governed by and construed in accordance with the laws of the United States of America and of the state of Illinois. Any cause of action of the Member with respect to the Terms of Service must be instituted within one year after the claim or cause of action has arisen or it shall be barred. Any and all such claims must be made in the jurisdiction of Cook County, Illinois.
14. Waiver of Liability: Member agrees to indemnify and hold harmless Sports Monster, SocialMonster and its employees and directors, information providers,licensors, suppliers, agents, and ISPs against all claims, liabilities,damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of Member's account. This includes, without limitation, responsibility for all such consequences of User's (or that of any user of User's account)violation of this Membership Agreement.
15. Right to Enforcement: This Agreement is for the benefit of Social Monster and its employees and directors, information providers, licensors, suppliers, agents, andISPs; and each shall have the right to assert and enforce such provisions directly on its own behalf.
16. Correspondence: All questions and correspondences should be sent by regular mail, FedEx or UPS to: Social Monster, 4237 N Western Ave, Chicago IL 60618-2815 or call (773) 866-2955 during regular central time business hours.