Terms of Service
This document was last updated on April 13, 2020.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, clients, licensees, sponsors, consumers, RSVD system registrants and users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Client partners may be subject to additional contractual terms and conditions in a separately executed license agreement.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of RSVD and by a separate license agreement, its licensees. The Service is protected by copyright, trademark, and other laws of the United States which are also recognized worldwide outside the United States.. Our trademarks, logo, company name, software and trade secrets may not be used in connection with any product or service without the prior written consent of RSVD.
We are continuously updating product and service offerings on the Service. Therefore, we may experience delays in updating information on the Service, references on our website, in our social channels, our advertising on other third party websites. The information found on the Service may contain errors or inaccuracies and may not be complete, current or accurate. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Service Purchases (Users)
Complimentary Booking for Users
In cases where users are not required to pay or put down a deposit for their Service, users are not required to submit payment information. All or part of their RSVD Service may be paid for by RSVD, a RSVD licensee or a third party brand, company or sponsor that may seek to provide the RSVD Service for free to users as part of a Promotion or benefit to its potential or actual customers and end-users of their customers. RSVD and/or licensee may assess a fee to a third party brand or sponsor to provide the RSVD Service to end consumer users for free or at a discounted rate or offer special features and functionality.
Non-Refundable Service Fee (Fixed Booking Fee)
In cases where users are required to pay for all or part of the RSVD Service, such as to make a reservation in the form of a Fixed Booking Fee for example, users are required to submit payment information via a RSVD payment partner. We have permission to pre-authorize credit or debit card or other payment types for transactions in which a user makes reservations. We have the right to renew such pre-authorizations so the payment pre-authorization(s) does not expire prior to the reservation date and time, and/or obtain renewal or new authorizations post reservation event in the event of a payment processing error or RSVD reservation processing error. Fixed reservation fees and/or fixed reservation no-show fees may are typically processed at the time of your reservation as consideration for making the reservation using RSVD’s Service. In general, Fixed Booking Fees are not refundable even if the user doesn’t show up for the reservation or shows up outside their reservation time. User may be charged a separate fee for each reservation made as some events may permit more than one reservation.
In certain cases, the licensee or RSVD reserves the right to process Fixed Booking Fees once the user attends the reservation, but such decision shall be between RSVD and licensee only.
RSVD is not responsible for any reservations or events that are cancelled by a licensee. While user may request a refund to RSVD or licensee, it is the RSVD licensee, not user, which shall formally recommend and request to RSVD any specific user’s Fixed Booking Fees be considered for a partial refund, full refund or RSVD credit for a future reservation, due to cancellation by licensee of user’s reservation for any reason. Any such refund shall be on a case by case basis at RSVD’s sole discretion. Any credits or refunds approved by RSVD shall be credited to user and the full cost of which licensee agrees to pay RSVD within Net 7 business days. RSVD reserves the right to offset any monies owed licensee to reimburse RSVD for refunds and the credit card processing charges related to refunds issued by RSVD for licensee’s users.
RSVD is not responsible for the quality, duration, composition or any factors related to the underlying event for which the RSVD reservation was made and / or for other monies paid by user to licensee for goods and services (such as event registration or attendance fee(s), not related to the RSVD reservation service itself. Such matters shall be solely between licensee and user.
Refundable Service “No Show” Fee
In cases where users are required to pay a refundable deposit for the service, users are required to submit payment information via a RSVD payment partner. This deposit is held through a third-party service and is not processed unless you miss your reservation and or miss your reservation including after a grace period. Any grace period, if offered, is on an event and reservation specific basis and may be different from event to event, reservation to reservation and user to user at the sole discretion of licensee and RSVD. Some events may not offer a grace period.
While RSVD attempts to notify the user of a grace period at the time of booking or upon confirmation of booking, RSVD is not responsible for implementation, management nor consistent enforcement or lack of enforcement of an event grace period as line logistics at the event or venue may make this not practical, possible or desired in the interest of customer satisfaction. As such, user is required to show up at their scheduled reservation time or risk a No Show Fee being charged to their card.
We have permission to place one more holds on your payment card as a pre-authorization prior to and leading up to and including the date and time of your reservation and/or after the event date to permit proper payment processing (manual or automated), including but not limited to, a No Show Fee charged to a user who was a No Show for their reservation date and time or showed up before their scheduled reservation (Too Early) or showed up after their reservation date and time (Late Arrival).
Should a user dispute a no-show fee, RSVD has the sole discretion to process refunds on a case-by-case basis for which licensee agrees to pay for all partial refunds, full refunds or RSVD future credits including the amount of the refund and any applicable payment processing fees.
Service Fee Terms
RSVD, in its sole discretion and at any time, may modify the fees for Services. Any fee change will become effective at the time of reservation or when the Service is performed, at RSVD’s sole discretion. Except when required by law, paid fees are non-refundable.
Users’ continued use of the Service after the fee change comes into effect constitutes your agreement to pay the new or modified fee amount.
Payment Information (Users)
If a user wishes to purchase any product or service made available through the Service (“Purchase”), the user may be asked to supply certain information relevant to their Purchase including, without limitation, their credit card number, the expiration date of their credit card, their billing address, their contact information and what product or service they seek to make a reservation or purchase for. Licensee, may ask RSVD to provide customized fields within RSVD’s Service to capture additional end user information, special requests, comment boxes or ordering information related to the reservation. To the extent a reservation is made and subsequently delivered or performed by licensee, licensee may charge the user directly for goods and/or services executed for user, or may request RSVD facilitate such billing on licensee’s behalf. RSVD may charge a fee for such accommodation, earn a commission or participate in a revenue sharing arrangement with the licensee which is a matter between RSVD and its licensee only as governed by a separate license or business agreement.
User represents and warrants that: (i) they have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information they supply to us is true, correct and complete.
A valid payment method, including credit card or PayPal, is required to process the payment for Services. Users shall provide RSVD with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, users automatically authorize RSVD to charge all fees incurred through their accounts to any such payment instruments.
Should automatic billing fail to occur for any reason, RSVD will issue an electronic invoice indicating that the user must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We reserve the right to refuse or cancel any account registration, reservation, attendance or purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in the order or other reasons or abuse of the Service or the Terms contained herein. We reserve the right to refuse or cancel any Service or payment if fraud or an unauthorized or illegal transaction is suspected.
Billing (RSVD Partners, Clients, Sponsors)
In cases where RSVD partners, clients, and/or sponsors are contracting with RSVD, users may be required to submit payment information using their credit card ahead of their RSVD reservation, in accordance with the policy outlined above. These fees are paid upfront and are nonrefundable unless otherwise specified in the RSVD Service and/or in the licensee agreement between RSVD and licensee.
RSVD client licensees or brand/event sponsors or partners are subject to the billing terms outlined in the contract signed between the parties. In absence of such terms in the license agreement or separately executed contract between the parties, RSVD will bill its partners, clients, and/or sponsors quarterly on the 1st of the month, due Net 30 days from RSVD’s invoice date for all recurring licensee fees and related costs and charges. One time fees shall be billed upon contract signature and payable Net 30 day unless otherwise cited in the contract.
If RSVD has a revenue share agreement with a licensee based on fees RSVD charges to a sponsor, RSVD will pay the license the contracted revenue share within 30 days after RSVD receives payment from the Sponsor.
Unless specified to the contrary in a license agreement with licensee, if RSVD has a revenue sharing agreement with a licensee, licensee agrees to pay RSVD its share of the contracted gross revenue share within ten (10) business days after the event has concluded for one time or infrequent events. For recurring or ongoing events, licensee agrees to pay RSVD’s revenue share no later than 15th of every month for all events that took place the prior calendar month.
When users create an account with us, they certify that they are 18 years of age or older, and that the information they provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of user accounts on the Service.
Users are responsible for maintaining the confidentiality of their account and password, including but not limited to the restriction of access to their computer, mobile device and/or account. They agree to accept responsibility for any and all activities or actions that occur under their account and/or password, whether their password is with our Service or a third-party service. Users must notify us immediately upon becoming aware of any breach of security or unauthorized use of their accounts.
Users may not use credentials that belong to another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than that user, without appropriate authorization. Users may not use credentials that are offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, issue refunds or credits, process purchases or cancel purchases in our sole discretion.
Links To Other Websites/Services
Our Service may contain links to third party web sites or services that are not owned or controlled by RSVD.
RSVD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
Users, clients, partners, and sponsors of RSVD acknowledge and agree that RSVD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any venue, event or location nor any third party web sites or other service providers.
We may terminate or suspend user accounts and bar licensee access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If a user wishes to terminate their account, they may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users and brands/sponsors or partners agree to defend, indemnify and hold harmless RSVD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) use and access of the Service, by users or any persons using their account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall RSVD LLC, including its affiliates, be liable for any incidental, indirect, special, or consequential losses or damages of the licensee, brand, sponsor, partner or vendor (including damages resulting from loss of use, loss of profits, interruption or loss of business, lost goodwill, viruses, bacteria, city, county, state or federal health ordinances, laws, orders or mandates, including but not limited to Covid-19 and/or social distancing, lost revenue and lost opportunity), whether based upon contract, negligence, or other theory of law. IN NO EVENT SHALL RSVD, NOR ITS OWNERS, INVESTORS, OFFICERS, EMPLOYEES, BOARD MEMBERS, ADVISORS, LENDERS, VENDORS, CONTRACTORS NOR SUB-CONTRACTORS, COLLECTIVELY HAVE A MAXIMUM TOTAL LIABILITY UNDER THIS AGREEMENT THAT EXCEEDS THE TOTAL FEES PAID BY LICENSEE FOR THE PERIOD OF THE FIRST TWELVE MONTHS DURING WHICH ALL SERVICES UNDER THIS AGREEMENT WERE PROVIDED, OR IN THE CASE OF A SPONSOR/PARTNER, FOR AN AMOUNT EQUAL TO THE LAST SPONSORSHIP FEE PAID TO RSVD FOR THE LAST EVENT OR NO MORE THAN THREE MONTHS FOR ANY RECURRING EVENT. This Section shall survive the termination or expiration of this Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to certain users and/or partners.
User and partner use of the Service is at their sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or the course of performance or results achieved using the RSVD software or systems. .
RSVD its subsidiaries, affiliates, as licensor, do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet user, licensee or brand/sponsor or partner requirements.
These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
RSVD has the discretion to update the Terms of Service at any time. When we do, we will revise the updated date at the bottom of this page. We encourage users, licensees, brand/sponsors and partners to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically and become aware of modifications.
By continuing to access or use our Service after any revisions become effective, users, licensees and brand/sponsors or partners agree to be bound by the Terms contained herein or as revised from time to time. If a user or partner does not agree to the new terms, they are no longer authorized to use the Service.
By creating an Account on our service, users and partners agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
If you have any questions about these Terms, the practices of this website or your dealings with RSVD, please contact us at [email protected]