Social Monster www.socialmonster.com

Terms of Service Agreement

The following is an outline of Company policy for Social Monster terms of service for membership and event operations. Approval of these terms of 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 www.socialmonster.com.

2.      Membership Subscription Payment Terms

a.     Membership Subscription Fees:

Monthly membership fees are $9.95 $10.95 per month.

Annual membership fees are $49.95 $125.00 per annum.

Lifetime membership fees are a one-time $750.00 $750.00 flat fee.

Buddy Memberships are available for all three membership types at a 20% discount when 2 people sign up together.

All payment terms are to be provided in US dollars.
 

b.     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 monthly, annual or lifetime memberships.

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.

3.      Cancellations – Two Types of Cancellations

a.     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 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 YOUR MEMBERSHIP SUBSCRIPTION.

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.

b.     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 www.socialmonster.com with your member ID and password, Click Modify/View Profile 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.

a.     Monthly membership shall be effective from date of payment processing and through each consecutive month either through the 15th or last day of the next month. The 15th or last day of the month shall be determined by the date of payment. For example: a monthly membership paid on the 8th shall be valid through the 15th of the next month or a monthly membership paid on the 21st shall be valid through the end of the next month. Monthly members are subject to monthly activity fees as outlined.

b.     Annual membership shall be effective from date of payment processing through 12 consecutive months either through the 15th or last day of the last month. The 15th or last day of the month shall be determined by the date of payment. For example: an annual membership paid on the 8th shall be valid through the 15th of the last month or an annual membership paid on the 21st shall be valid through the end of the last month. Annual members are subject to monthly activity fees as outlined.

c.     Lifetime membership shall be effective from date of payment processing and through the lifetime of the member in any active Social Monster market. Should the member move to a market not served by Social Monster, there shall be no refund. Should Social Monster remain active in the member’s primary market for a minimum of sixty (60) months following the member’s initial subscription date, there shall be no refunds in the event that Social Monster ceases local operations. Should Social Monster cease local operations in the Lifetime Member’s local market prior to sixty (60) months of the initial subscription date, a refund shall be prorated based on the total membership fee divided by 60 months and refunded for the number of months remaining. Lifetime members are not subject to monthly activity fees as outlined.

d.     Buddy Membership shall be effective from date of payment processing and subject to the terms as outlined above for that type of membership. The initial payment MUST be made by one subscribing member to receive the Buddy discount. For monthly and annual Buddy Memberships, it is understood that the initial subscribing member shall be responsible for ongoing payments until such time as the Buddy makes member profile changes. Upon cancellation by either Buddy’s membership, the remaining member shall be subject to standard Social Monster membership fees.

5.     Activity Fees: There is a $15 monthly activity fee charged to all active members. The $15 activity fee shall be initiated upon a new member’s first RSVP for an activity or event and shall be processed monthly. Monthly and annual members shall NOT be charged an activity fee for their first month of membership as the fee is processed the following month.

6.     Minimum age for membership/participation: 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:

a.     Event Manager/Coordinator: At each Social Monster event or activity, there shall be a manager on hand to assist in the operation of that event or activity. It is strongly encouraged that members check in with the manager when they arrive for the event so it can start in a timely manner.

b.     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.

c.     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.

d.     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.

e.     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.

f.      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.

A valid credit card account number from each member is requested to be held on file to be charged according to prepaid event fees as reserved by that member. If a credit card account number is not available, payment may be made via check or money order made payable to Social Monster 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.

g.     Member No-Show Event Fee: For any Social Monster event or activity, members who make a reservation on/by the RSVP date 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.

h.     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.  Membership Hiatus: Annual Membership may be placed on up to three consecutive months of hiatus due to changes in work or personal commitments. This request must be made in writing and will be put into effect on the first day of the month closest to the requested dates and may not run for more than three consecutive months. Such a hiatus will extend that member’s term for the requested period to be added to the end of the original term. Participation in Social Monster events and activities will not be permitted during this period unless the member requests in writing to be taken off hiatus earlier. Although the member’s participation may be on hiatus, all payments due Social Monster shall be maintained. A hiatus does not represent a refund for membership and requests for refunds shall not be honored. Each member is limited to one hiatus request per term of membership.

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 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 Social Monster 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, and ISPs; 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 to: Social Monster, 4237 N Western Ave, Chicago IL 60618-2815 or call (773) 866-2955 during regular central time business hours.