1. ACCEPTANCE OF TERMS
Lady Buck Ventures, LLC welcomes you to its website, orlandoishappening.com (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site and mobile properties located at www.orlandoishappening.com and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; (the “Service”). By using or visiting the Site, including but not limited to, participation in its bulletin boards, postings, blogs or user profile, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations. Lady Buck Ventures, LLC reserves the right to change the Terms, at any time, without notice. Your failure to follow these Terms may result in suspension or termination of your access to the Service, without notice.
Assent to Agreement
BY USING THIS WEBSITE AND OUR MOBILE APPLICATIONS, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
The Services are offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights and limitations on these rights.
This website (the “site”) is provided by Lady Buck Ventures, LLC a Florida Limited Liability Company (“Orlando Is Happening”). The site may be used for personal and non-commercial informational purposes only. If the user is not an individual, then “you” means your company, its officers, members, agents, successors, and assigns.
2. LANGUAGE OF THE TERMS
Where Lady Buck Ventures, LLC has provided you with a translation of the English-language version of the Terms, you agree that the English-language version shall govern your relationship with Lady Buck Ventures, LLC and that Lady Buck Ventures, LLC provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.
3. Your Registration Obligations
In order to use certain features of the Site, you may be required to register with orlandoishappening.com. Your personal information will be treated by Lady Buck Ventures, LLC in accordance with our Privacy Policy. In consideration of your use of the Service, you agree that any registration information with which you provide Lady Buck Ventures, LLC will always be your own personal information and is accurate, true and complete. Lady Buck Ventures, LLC reserves the right to suspend or terminate your account, in its sole discretion, and refuse any and all current or future use of the Service to you, or any portion thereof, should you fail to abide by the Terms of Use or you provide Lady Buck Ventures, LLC with any information that is not your own or inaccurate, untrue or incomplete.
4. Authorized Use of the Site and the Service
The site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Lady Buck Ventures, LLC.
You may not authorize others to use the Service. You agree you will not sell, lease, rent or provide any good or service or otherwise transact on the Site. You hereby represent and warrant that you are the owner or otherwise have the right to provide any materials that you upload, post, email, transmit or otherwise make available via the Service. The Site contains materials supplied by Lady Buck Ventures, LLC and its members, agents, affiliates, partners and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Lady Buck Ventures, LLC, you may not reproduce, modify, copy, republish, post, transmit, upload, distribute, sell, license, rent or adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Site.
The Services are provided solely to:
- Assist customers in gathering travel information, posting Content, and searching for and booking travel services and reservations; and
- Assist travel, tourism and hospitality businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through the third party providers or Lady Buck Venture, LLC company Services.
Lady Buck Ventures, LLC retains the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Site and Lady Buck Ventures, LLC. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the Lady Buck Ventures, LLC provides details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Lady Buck Ventures, LLC is in no way responsible or liable for any such third party sites or apps.
By using the Site to link to a Third-Party Site, you agree that Lady Buck Ventures, LLC will not be liable to you for any damages or losses from your use of the Site to link to the Third-Party Site.
Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.
Reviews
Authorized users may be able to post reviews of events, businesses and other entertainment features listed on the Site. Reviews do not reflect the views of the Site, Lady Buck Ventures, LLC; its affiliates or subsidiaries; or their respective employees, officers or directors. Lady Buck Ventures, LLC hereby disclaims any responsibility or liability for any review or for any claims, damages or losses resulting from any use of the Site or the materials contained therein.
Currency Converter
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied is believed to be accurate, but the Lady Buck Ventures, LLC and Orlandoishapening.com do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
5. Unauthorized Use of the Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another Site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
6. Restrictions on Use
Except as otherwise permitted in writing by Lady Buck Ventures, LLC, no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Orlando is Happening site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Site for public or commercial purposes, including any text, images, audio, or video without Lady Buck Ventures, LLC’s written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Orlando Is Happening without express written consent. You may not use any meta tags or any other “hidden text” using Orlando is Happening’s name or trademarks without the express written consent of and/or Lady Buck Venture, LLC. Any unauthorized use terminates the permission or license granted by Lady Buck Venture, LLC. If you operate a website and wish to link to the site, Your website may link only to the site’s home page at www.orlandoishappening.com and not to any other portion of the site, unless otherwise negotiated directly with the Site. Lady Buck Ventures, LLC reserves the right to reject or terminate any links to the Content at any time for any reason.
7. Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is the property of Lady Buck Ventures, LLC or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed
8. Limited License
Lady Buck Ventures, LLC grants you a limited, nonexclusive, non-transferable personal license to access, display, and copy the Materials on the Site for personal, non-commercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
9. Indemnification
You agree to defend and indemnify Lady Buck Ventures, LLC, the Site, and any of their officers, directors, partners, employees, affiliates, contractors, distribution partners, and agents from and against any claims, causes of action, demands, liabilities, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your use of the Site and Services;
(ii) any breach by you of any of these Terms and Conditions;
(iii) your violation of any law or the rights of a third party.
10. Severability
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted, so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Lady Buck Ventures, LLC, and the Site to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Orlandoishappening.com account is nontransferable and any rights to your Site ID or contents within your account terminate upon your death.
11. Liabilities and Warranties
You acknowledge that you are using the site at your sole, own risk. Neither Lady Buck Ventures LLC, nor the Site, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, Lady Buck Ventures, LLC., and Orlandoishappening.com does not warrant the reliability of any advice, opinion, statement or other information displayed or distributed through the Site.
All such information, software, products and services are provided “as is,” “where is.” and “where available” without warranty of any kind. Lady Buck Ventures, LLC, and the Site, its affiliates and/or their respective sponsors, members and/or agents hereby disclaim all warranties and conditions with regard to this information, software, products and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Lady Buck Ventures, LLC, nor the Site, its affiliates and/or their respective sponsors, members and/or representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of this website or with the delay or inability to use this website, or for any information, software, products and services obtained through the website, regardless of the type of claim or the nature of the cause of action.
Lady Buck ventures, LLC, and Orlandoishappening.com, makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on the site, to the fullest extent permissible under applicable law. Lady Buck Ventures, LLC, and Orlandoishappening.com expressly disclaims all warranties, express or implied, of any kind, with respect to any materials, content, or information on the Site or any goods or other products or services offered, sold, or displayed on the Site or your use of the site generally, including warranties of merchantability, accuracy of information, quality, satisfactory quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
Lady Buck Ventures, LLC, the Site, and its affiliates and/or their sponsors, members and/or representatives make no representations about the suitability of the information, content, software, products and services contained on the Site for any purpose.
You expressly agree that use of the Site is at your sole risk. Lady Buck Ventures, LLC, and Orlandoishappening.com reserve the right, at its sole discretion, to correct any errors or omissions in any portion of the site. The Site may make any other changes to the Site and you understand the Site content such as products, programs, dates, times, services and/or prices (if any) described in the Site are subject to change at any time without notice.
12. Limitation of Liabilities and Warranties
YOU AGREE THAT VISIT ORLANDO AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON ORLANDOISHAPPENING.COM, (THE SITE) REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL LADY BUCK VENTURES, LLC, OR THE SITE, OR ANY OF ITS PROVIDERS, AGENTS, OR ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE SITE, YOUR USE OF, OR INABILITY TO USE, THE SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER LADY BUCK VENTURES, THE SITE, OR ANY OF ITS PROVIDERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If, however, despite the exclusions contained in this agreement, Lady Buck Ventures, LLC should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Site, the Lady Buck Ventures, LLC’s liability shall not exceed the amount of any subscription fees and/or service charges, if any, paid by claimant to the Lady Buck Ventures, and Orlandoishappening.com for the services and/or data with respect to which liability is found.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “a 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.”
13. Changes & Notices
The information on this site is provided “as is.” The information, content, rates, software, products and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Lady Buck Ventures, LLC and Orlandoishappening.com., and/or its agents and affiliates may make improvements and/or changes on the Site at any time. Lady Buck Ventures, LLC and Orlandoishappening.com., does not guarantee the accuracy, validity, timeliness or completeness of any of the information made available on the Site.
Lady Buck Ventures, LLC and Orlanodishappening.com may, but is not obligated to, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service or other reasonable means now known or hereinafter developed.
14. Jurisdiction And Governing Law
Orlandoishappening.com is controlled, operated and administered by Lady Buck Ventures, LLC from its location within Orlando, Florida, United States of America. Lady Buck Ventures, LLC and the Site makes no representation that materials at this site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of US export laws and regulations. If you access this site from locations outside the United States, you are responsible for compliance with all local laws. This is the case regardless of whether you reside or transact business with Visit Orlando in Florida or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, Florida.
Dispute Resolution & Arbitration
The laws of the State of Florida shall govern these Terms and Conditions between you and Lady Buck Ventures, LLC, and Orlanodishappening.com, without regard to its conflict of law provisions. While we will make reasonable efforts to resolve any disagreements you may have with the Site, if these efforts fail you agree that all claims, disputes or controversies against Lady Buck Ventures, LLC and Orlandoishappening.com arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Lady Buck Ventures, LLC and the Site agree in writing, and the arbitrator shall apply Florida State law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Lady Buck Ventures, LLC and Orlandoishappening.com hereby voluntarily and knowingly waive any right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver
ou agree that, by entering into this agreement, you and Lady Buck Ventures, LLC and Orlandoishappening.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration only on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.
Digital Millennium Copyright Act (“DMCA”) Notice
Lady Buck Ventures, LLC and Orlandoishappening.com abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Lady BuckVentures, LLC (such as Orlandoishappening.com, “the Site”) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
The Site does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Lady Buck Ventures, LLC and the Site’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on a site owned or controlled by Lady Buck Ventures, LLC (such Orlandoishappening.com), please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
All DMCA notices should be sent to our designated agent. You may contact our designated agent by email: contact@orlandoishappening.com where you will be provided with a mailing address to send the notification and all documentation.