Thank you for visiting the Mami in Miami website, mobile applications and/or other services. By accessing or using the Mami in Miami website (including the mobile optimized version of the website), online services, mobile and other applications and social networking platforms (each, a “Site”), whether automated or otherwise, you agree to be bound by these Terms of Use, to the collection and use of your information as set forth in our Privacy Policy, which is incorporated herein by reference and located at https://www.mamiinmiami.com/privacypolicy, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site.

Please read these Terms of Use carefully before using or accessing the Site. These Terms of Use supersede any prior User Agreement and apply to all visitors, users, vendors, and others who access the Service (“Users”).

Mami in Miami Terms of Use

(User Agreement)

The Mami in Miami website and/or mobile application is owned or operated by Mami in Miami LLC.,(together with its parent company and their respective subsidiaries and affiliates, referred to herein as “Mami in Miami” or “we” or “us” or “our”).

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. When you decide to enter a contest or sweepstakes, we present the terms and conditions for the contest or sweepstakes to you. In addition, some areas of the Site are provided by our third-party partners and are subject to separate terms and conditions of use, which are posted within those areas.

Use of Our Site

Mami in Miami provides a place for Mami in Miami Users to interact with vendors and those vendors to provide all of the services needed to host an event. However, Mami in Miami does not provide any vendor services, nor is it an agent for the vendors or act as a representative of any User. Therefore, Mami in Miami has no control over any User’s activity on the Site, including interactions between Users, and we make no representations regarding the quality, accuracy or safety of the services being provided by a vendor or the activities or transactions between Users.

You acknowledge that Mami in Miami is a neutral venue and not a broker, and you are solely responsible for your interactions with other Mami in Miami Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Mami in Miami shall have no liability for your interactions with other Users, or for any User’s action or inaction.

You represent that you are legally able to accept these Terms of Use and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use the Site.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

NOTE: THESE TERMS OF USE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

Rules of Conduct

There are rules of conduct that all users and vendors are required to follow when using the Sites. You must not:

  • engage in any Circumventing Tactics (as defined below), or direct or encourage others to do so. “Circumventing Tactics” means any method by which a vendor or a user attempts to circumvent the Site, the Mami in Miami marketplace and /or Mami in Miami website
  • “harvest,” “scrape” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
  • use unauthorized automated means to access the Site, or otherwise gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • “stream catch” (download, store or transmit copies of streamed content).
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems. (e.g., perform a Denial of Service attack)
  • circumvent or reverse engineer the Site or its systems.
  • restrict or inhibit another user or users from using and enjoying the Site.
  • manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
  • impersonate any person, including, but not limited to, other community members or our employees.
  • engage in or promote spamming, chain letters or other unsolicited communications.
  • provide inaccurate, misleading or false information to us.
  • post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.
  • post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content, behavior, asking for personally identifiable details or otherwise.
  • post any content or take any action that contains any information, content or behavior that we deem vulgar, obscene, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to Mami in Miami, vendors or other users of the Site).
  • post any content or take any action that contains any information that you know is not correct and current.
  • post any content or take any action that, (or, as a vendor, refuse to provide services for any reason that) is fraudulent, unlawful, threatening, harassing, abusive or discriminatory, including, without limitation, discrimination due to race, color, religion, national origin, age or sexual orientation.
  • post any content or take any action that encourages criminal conduct.
  • post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
  • post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Site.
  • post any content or take any action that contains or distributes any virus, malware, spyware or other harmful content or code.
  • post any content or take any action that contains any information or content that is illegal, including any information or content that violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange or the NASDAQ Stock Market.
  • contact a Mami in Miami client with an offer or suggestion to book an event listed on Mami in Miami.
  • interfere with a Mami in Miami vendor’s booking.
  • contact a Mami in Miami client in an open or completed booking to warn them away from hiring a Mami in Miami vendor.
  • if you are a vendor, discourage clients from hiring other Mami in Miami vendor or members.
  • discourage and/or prevent Mami in Miami clients from booking you through Mamiinmiami.com.
  • if you are a vendor, ‘farm’ out client leads (i.e., taking client leads provided to them and transferring these client leads to non-mamiinmiami vendors and entities or outside the Mami in Miami Site in any way).
  • if you are a vendor, utilize client leads sent to other Mami in Miami vendors or members but not sent to you.

You also must comply with all applicable laws and contractual obligations when you use the Site. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Site is void where prohibited.

Ownership of Site Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site (“Site Content”). You may use the Site (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights, the posting and use of your materials and content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and that the such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms of Use.

You may choose to or we may invite you to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Mami in Miami under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Mami in Miami does not waive any rights to use similar or related ideas previously known to Mami in Miami, or developed by its employees, or obtained from sources other than you.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

Any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.

Disclaimer of Warranties

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE AND ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED OR GENERATED BY MAMI IN MIAMI, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU),
  • OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

 

THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE, OUR PARENT ENTITY, OR ANY OF OUR RESPECTIVE SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Other

These Terms of Use and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone.

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Last Updated: February 26, 2018

 

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