Terms with Event Organizers
Last Updated: June 26, 2019
Thank you for using Revel Social - the service that enables you to connect with guests of Revel Social to attend your event or venue brought to you by Pink Technologies, Inc. d/b/a Revel Social ("Revel Social," â€œwe,â€ â€œus,â€ or â€œourâ€). These Terms of Service (â€œTermsâ€) apply to your access and use of the Revel Social mobile application (the â€œAppâ€), our website located at https://www.revelsocial.app (the â€œSiteâ€) and other products and services provided by Revel Social (collectively with the App and the Site, the â€œRevel Social Servicesâ€) of Revel Social.
Accepting these Terms
By downloading the app or otherwise accessing or using the Revel Social Services, you agree to be bound by all of the terms below including your agreement to submit disputes to binding arbitration. Please read all of the terms before you use the Revel Social Services. If a term does not make sense to you, please let us know. If you do not agree to all of the terms below, you may not use the Revel Social Services. You must be at least 18 years old to use the Revel Social Services.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Revel Social Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
How Revel Social Works
Through Revel Social Services, brands and event organizers can be connected with Influencers to attend an event, invite a crowd to a venue, or simply promote a product launch. When you request a Revel Social Influencer for a particular event (a â€œRequestâ€), you will log-in to the app, create an event, specify how many Influencers you would like to attend, the date, time and place of the event, and any additional criteria. Alternatively, you may request that the Revel Social team select the Influencers on your behalf. If the Influencer accepts your request, they will attend at the appropriate time and location provided in the Request.
Please report any behavior by a Revel Social Guest that concerns you to us at: firstname.lastname@example.org.
For more information about the Revel Social Services, please see our Frequently Asked Questions at https://support.revelsocial.app.
Creating an Account
To use the Revel Social Services, you will need to create an account. If you are creating an account for a business, you represent and warrant that you have the authority to create and use the account on behalf of that business. You will need to provide us with your contact information, as well as billing information that is requested, which may include credit card information. If you discover or suspect any security breach of the Revel Social Services, please let us know as soon as possible. You represent and warrant to us that you are at least 18 years old and that all information that you provide in connection with your account is at all times accurate, truthful, current and complete. Revel Social reserves the right to deny any account at its sole and absolute discretion. You promise to update the information you have provided to Revel Social in the event of any changes to your contact information. In addition, factors such as number of events, availability of users already using the platform, and size of user base can affect a personâ€™s ability to create an account. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure.
When you submit a Request for Revel Social Influencers, you will provide to Revel Social an â€œEvent Orderâ€ that will include a minimum and maximum budget for the event and a desired number of Influencers for that event with a minimum and maximum range designating the number of Influencers in the Request. You will also provide to Revel Social a detailed description of the type of Influencers based on age, gender, location, skills, interests, social strength or other characteristics or qualities that you deem desirable for your event. You will then select from Revelâ€™s database which guests you would like to attend and accept or decline the rate specified on their profile for your event. Revel Social will make do its best to fulfill your requests, but based on availability, we may provide fewer than the requested minimum, but no more than the maximum. If you agree to allow for overcasting of your event, Revel Social reserves the right to charge you more than the base fee.
The credit card account provided by you must contain an accurate name, credit card number, and billing address. Prior to the event, we may pre-authorize or bill the credit card an amount equal to the total fees as described in the Event Order. Any applicable adjustments will be billed or credited to your credit card after the event.
When advertising an event, should you promise Revel Social Influencers food, drinks or other amenities (â€œRevel Social Influencer Benefitsâ€) and fail to provide the same or Revel Social receives complaints as to the quality of the Revel Social Influencer Benefits, Revel Social reserves the right to charge you a fee which will be paid to the Revel Social Influencer(s) (the â€œBenefits Feeâ€) to compensate him or her for your failure to provide promised benefits. Revel Social reserves the right to determine the amount of the Benefits Fee commensurate with the promised Revel Social Guest Benefits.
You may not deduct payments or dispute payment amount if you subjectively do not approve of the quality or individual personality traits of any Revel Social Influencers. All Revel Social Influencers that are cast must be allowed into the venue and provided amenities as described in the Event Order. In the event that a Revel Social Influencer is rejected by a doorman, employee, server, host, or otherwise unable to enter an event or venue due to no fault of the Revel Social Influencer, but has been cast by Revel Social, the full Revel Social Fee is due and payable as Revel Social has already arranged for payment and provided its services. If you cancel the event more than 24 hours prior to the scheduled time of the Event, your credit card account will be charged 50% of the full amount. If you cancel the Event, for any reason, less than 24 hours before the scheduled time of the event, your credit card account will be charged the full amount.
Revel Social does not have any control over the environment of your event and does not evaluate or investigate the physical or environmental elements related to your event. You agree that you will provide a safe environment at your event for Revel Social Influencers, and you will not knowingly or negligently create or include any physical hazards at the event. You will not ask or encourage any Revel Social Influencer to perform any action that is illegal, unethical, immoral, abusive, offensive or hateful. You retain any and all responsibility and liability for any injury, illness, death, loss of property or any other damage that may be suffered by a Revel Social Influencer at your event. Under your reasonable and responsible care and authority, and subject to prevailing local laws, there is the potential that alcoholic beverages may be served or sold at your event. Revel Social has no ability or authority to monitor what or how much alcohol or other substance is served to, sold to, or consumed by any Revel Social Influencer or other attendee at your event. Revel Social is not meant to be a dating or matchmaking service.
Revel Social does not intend to appoint you or any of your employees or agents as a Revel Social employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Revel Social and Revel Social will not make commitments on your behalf, except as contemplated by the Revel Social Services or expressly stated in these Terms.
RELEASE OF LIABILITY
REVEL SOCIAL HAS NO LIABILITY TO YOU, ANY REVEL SOCIAL INFLUENCER, OR ANY ATTENDEES FOR ANY INJURY, ILLNESS, DEATH OR LOSS OF PROPERTY, OR ANY OTHER DAMAGE OCCURRING AT OR RELATING TO YOUR EVENT, DIRECTLY OR INDIRECTLY, INCLUDING INJURY, ILLNESS, DEATH, LOSS OF PROPERTY OR ANY OTHER DAMAGE CAUSED BY OR ARISING OUT OF THE ACTIONS BY ANY REVEL SOCIAL INFLUENCER YOU HEREBY FULLY RELEASE REVEL SOCIAL FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO YOUR EVENTS, INCLUDING ANY INJURY, ILLNESS, DEATH OR LOSS OF PROPERTY CAUSED BY ANYONE (INCLUDING ANY REVEL SOCIAL INFLUENCER ) AT YOUR EVENT OR ON YOUR PREMISES.
You acknowledge that you (and the owner of the property at which your Event is held, if applicable) retain any and all liability that may attach to you under the applicable laws of your jurisdiction pertaining to the sale or service of alcoholic beverages to any persons on the premises at which your event is being held, including for any acts, events, or circumstances that result from the sale or service of alcohol to any attendee, including any Revel Social Influencer of your event.
Right to Use the Revel Social Services
On the condition that you fully comply with these Terms, Revel Social grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Revel Social Services for your own personal, non-commercial use and you may not resell the Revel Social Services. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Revel Social that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern. Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Revel Social Services, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Revel Social Services, (c) disassemble, decompile or reverse engineer any of the software components of the Revel Social Services, (d) copy, frame or mirror any part of the Revel Social Services, (e) interfere with or disrupt the integrity or performance of the Revel Social Services, or (f) attempt to gain unauthorized access to the Revel Social Services or its related systems or networks.
Prohibited Use of the Revel Social Services
You may not assert, post or otherwise make available on or through the Revel Social Services any of the following:
- Content, including any that relates to an event, that is untruthful or inaccurate;
- Content that may result in harm, injury or damage to a person or product;
- Content that is libelous, defamatory, abusive, offensive or hateful;
- Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
- Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
- Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
- Content that contain viruses, corrupted data or other harmful, disruptive or destructive files or code;
- Content that, in Revel Socialâ€™ judgment, is objectionable, may restrict or inhibit another from enjoying the Services or may expose Revel Social or users of the Revel Social Services to harm or liability of any type; and/or
- Content that you are contractually or legally required to keep confidential.
Also, you MAY NOT DO any of the following in connection with the Revel Social Services or other users:
- Use the Revel Social Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Revel Social Services or that could damage, disable, overburden or impair the functioning of the Revel Social Services;
- Collect any personal information about Revel Social Influencer or other users;
- Intimidate, threaten, stalk, bully or otherwise harass Revel Social Influencers or other users;
- Post spam or commercial messages through the Revel Social Services;
- Create an account if you are not over 18 years of age;
- Use the Revel Social Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
- Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Revel Social Services, its users, or third parties.
Revel Social Rights
As between you and Revel Social, all information, materials and content of the Revel Social Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Revel Social or is used with permission. When you create, share, link to, or otherwise make available any information about an event, or other content (â€œUser Contentâ€), you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Revel Social Services. Revel Social reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Revel Social any and all moral rights that you may possess in or to any Requests, questions or responses that you submit or post on or through the Revel Social Services.
Any suggestions, comments or other feedback you give us about the Revel Social Services (the â€œFeedbackâ€) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
EXCEPT AS REQUIRED OTHERWISE OF REVEL SOCIAL BY APPLICABLE LAW, THE REVEL SOCIAL SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING ANY USER CONTENT) ARE PROVIDED TO YOU ON AN â€œAS IS,â€ â€œAS AVAILABLEâ€ BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE Revel Social SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Revel Social SERVICES (INCLUDING ANY USER CONTENT).
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL REVEL SOCIAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE Revel Social SERVICES (INCLUDING THE APP AND ANY USER CONTENT), EVENTS, AN EVENT ORGANIZERâ€™S CONDUCT, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF Revel Social HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF REVEL SOCIAL AND ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS TO YOU WILL NOT EXCEED USD$100.00.
Revel Social provides the Revel Social Services to allow Event Organizers and Revel Social Guests to connect in an easy and efficient way. Except as expressly provided in these Terms, Revel Social and the Revel Social Guest(s) do not intend to take liability with respect to your use of the Revel Social Services. AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST REVEL SOCIAL AND ITS DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE â€œREVEL SOCIAL PARTIESâ€) AND THE REVEL SOCIAL GUEST(S) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE REVEL SOCIAL SERVICES INCLUDING, WITHOUT LIMITATION, IN THE CASE OF THE REVEL SOCIAL PARTIES, ANY ACTIONS OR INACTION OF THE Revel Social GUEST(S). YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTYâ€™S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE Â§1542, WHICH STATES: â€œA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneysâ€™ fees, costs, penalties, interest, and disbursements) arising from or related to: (a) any of your conduct with respect to the Revel Social Services, (b) your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Revel Social account or who attends your Event or (c) any damages alleged or suffered by Revel Social Influencers at your event(s).
Third Party Software and Links
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.
Changes to the Services
Revel Social reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Revel Social Services and/or any features, information, materials or content on the Revel Social Services with or without providing notice to you. Revel Social will not be liable to you or any third party for any changes or discontinuance of the Revel Social Services or any part of the Revel Social Services.
Consent to Electronic Communications
By using the Revel Social Services, you agree that we may communicate with you electronically regarding your use of the Revel Social Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at email@example.com.
Suspension and Termination
Revel Social may suspend or terminate your rights to access or use the Revel Social Services (including the App) for any reason or for no reason at all and with or without notice at Revel Socialâ€™s sole and absolute discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. Termination of access to the Revel Social Services will not release either party from any obligations incurred prior to the termination and Revel Social may retain and continue to use for its own internal purposes any information previously provided by you.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Revel Social AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REVEL SOCIAL.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Revel Social Services, you and Revel Social agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the JAMS/Endispute (â€œJAMSâ€) in Los Angeles, California. Both you and Revel Social both give up the right to litigate disputes and may not proceed to arbitration without first trying meditation, but you and Revel Social are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Revel Social will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneysâ€™ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Revel Social Services.
Enforcement of these Terms is solely at Revel Socialâ€™s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms. These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Revel Social Services and the Revel Social Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at firstname.lastname@example.org or send a letter to:
2176 Ridgemont Dr.
Los Angeles, CA 90046
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice Regarding Apple
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (â€œAppleâ€) and its subsidiaries are third-party beneficiaries of these Terms and further that (a) upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party; (b) these Terms are between you and Revel Social only, and not Apple; (c) Revel Social, and not Apple, is solely responsible for the App and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the App; and Revel Social, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty; (f) in the event of any third party claim that the App or your possession and use of that App infringes that third partyâ€™s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.