ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LOUNGEBUDDY OR YOU AND AMERICAN EXPRESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- You must be at least 13 years old to use the Service.
- The information provided by LoungeBuddy (including access instructions, images, locations, hours, descriptions, amenities, pricing, etc.) may have inaccuracies, missing details, or may not be complete. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, profane or sexually suggestive photos or other content (including messages) via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people who are expressly authorized to create accounts on behalf of their clients, LoungeBuddy prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to LoungeBuddy upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other LoungeBuddy users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you cannot post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, phone numbers or email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or LoungeBuddy.
- You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (a/k/a “spam”) to any LoungeBuddy users.
- You must not use domain names or web URLs in your username without prior written consent from LoungeBuddy.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any LoungeBuddy page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your LoungeBuddy account by sending an email to: firstname.lastname@example.org with your username and request to terminate your account. This must be sent from the email registered to your account. If we terminate your access to the Service or you request to have your account terminated, your photos, comments, likes, connections, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., as lounge location photos).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that LoungeBuddy is not responsible or liable for the conduct of any user. LoungeBuddy reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. LoungeBuddy does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that LoungeBuddy is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if LoungeBuddy has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the LoungeBuddy Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with LoungeBuddy’s express consent).
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that LoungeBuddy may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- The Service contains content owned or licensed by LoungeBuddy (“LoungeBuddy Content”). LoungeBuddy Content is protected by copyright, trade secret and other laws, and, as between you and LoungeBuddy, LoungeBuddy owns and retains all rights in the LoungeBuddy Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LoungeBuddy Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the LoungeBuddy Content.
- The LoungeBuddy name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of LoungeBuddy. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of LoungeBuddy, and may not be copied, imitated or used, in whole or in part, without prior written permission from LoungeBuddy.
- Although it is LoungeBuddy’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, LoungeBuddy reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by LoungeBuddy, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, LoungeBuddy encourages you to maintain your own backup of your Content. In other words, LoungeBuddy is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. LoungeBuddy will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- It is LoungeBuddy’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, LoungeBuddy does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that LoungeBuddy is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Terms Governing use of the Service to Purchase Access to Lounges from Lounge Operators
- The Service displays information regarding available lounges and pricing for each lounge, if applicable. Lounge access prices are set by lounge operators, but for certain lounges LoungeBuddy has negotiated special rates for LoungeBuddy users. When you select and agree to purchase lounge access in a transaction, you agree to pay the lounge operator the access price displayed on the Service. American Express will process and remit your payment to the applicable lounge operator.
- LoungeBuddy does not own, operate, control, manage or sell access to any of the lounges available through the Service and is not a party to any transaction. Each transaction is between you and a lounge operator. By using the Service and entering into a transaction, you acknowledge and agree that you are entering into an agreement with the lounge operator to purchase lounge access directly from such lounge operator. LoungeBuddy receives a finder’s commission for each transaction from the lounge operator. LoungeBuddy has no liability to you for any failure on the part of the lounge operator to provide access or to provide any particular service or amenity.
- LoungeBuddy or American Express may, in their sole discretion or at the direction of a lounge operator, determine not to process or to cancel your transaction. LoungeBuddy and American Express also reserve the right, in their sole discretion, to take steps to verify or authenticate your identity prior to processing your transaction. If LoungeBuddy or American Express decides to take steps to verify or authenticate your identity, you agree to assist with the verification or authentication process by providing any information or documentation requested by LoungeBuddy or American Express. You authorize LoungeBuddy and American Express to access information with or obtain reports from third parties if LoungeBuddy or American Express believes that such information or reports may assist with the identity verification or authentication process. If LoungeBuddy or American Express asks you to execute a supplemental authorization to access such information or reports, then you agree to do so. If you do not cooperate with the identity verification or authentication process as described in this paragraph, then you will not be able to complete the transaction, and might not be able to use the Service for future transactions. LoungeBuddy and American Express also reserve the right, in its sole discretion, to take steps to verify your identity prior to processing your transaction. You will not be charged for transactions that LoungeBuddy does not process. Unless a different currency is specified during the check-out process, all transactions will be processed in United States Dollars, notwithstanding that some prices may be displayed in local currencies. You shall be solely responsible for all fees incurred in connection with any currency conversion.
- Each transaction is cancellable and refundable (less applicable service fees and charges, including any amounts associated with currency conversion) if you cancel a transaction at least 24 hours before the lounge entry time you have purchased. Transactions booked less than 24 hours before the scheduled lounge entry time are not refundable and you will be charged whether or not you actually use the lounge. To be eligible to receive a refund, you must notify us at email@example.com at least 24 hours before your scheduled lounge entry time and provide the following information: (i) your full name and email address (as they appear in your booking confirmation); and (ii) your booking confirmation code.
- LoungeBuddy provides descriptions of lounges and other related content based on information provided by the lounge operator or other third parties. As a result, LoungeBuddy is unable to guarantee the accuracy of any such content or information. LoungeBuddy is not responsible for any claims associated with such descriptions. Lounge operators are solely responsible for honoring the lounge access that they advertise, market and sell via the Service and for any and all liabilities arising from the sale of lounge access and your use of the lounge.
- Lounge operators are ultimately responsible for any disputes raised by you except to the extent arising out of the operation of the Service itself. LoungeBuddy and American Express reserve the right to investigate any transactions or fees that you dispute, and LoungeBuddy and American Express, in their sole discretion as intermediary between you and the lounge operator, may cancel any of your upcoming reservations and/or suspend your account while reviewing any disputed charges.
- LoungeBuddy reserves the right to amend or modify these Terms Governing Use of the Service to Purchase Access to Lounges from Lounge Operators at any time and from time to time, without notice to you.
- The Service is limited to private purpose. A tax invoice according to respective taxation laws of selected countries will not be issued.
Reporting Copyright and Other IP Violations
- We respect other people’s rights, and expect you to do the same.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Digital Millennium Copyright Act Notice -- If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify LoungeBuddy’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit LoungeBuddy to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
LoungeBuddy’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attn: DMCA Agent - Technology & Digital Law Group
LoungeBuddy Inc. c/o American Express
General Counsel's Office
200 Vesey Street
New York, NY 10075
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOUNGEBUDDY CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LOUNGEBUDDY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “LOUNGEBUDDY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE LOUNGEBUDDY CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LOUNGEBUDDY OR VIA THE SERVICE. IN ADDITION, THE LOUNGEBUDDY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE LOUNGEBUDDY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
NEITHER LOUNGEBUDDY NOR AMERICAN EXPRESS MAKE ANY REPRESENTATION ABOUT, OR ENDORSEMENT OF, ANY OF THE LOUNGES TO WHICH YOU MAY PURCHASE ACCESS VIA THE SERVICE, AND SUCH ACCESS IS PROVIDED BY LOUNGEBUDDY AND AMERICAN EXPRESS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE LOUNGEBUDDY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE LOUNGEBUDDY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LOUNGEBUDDY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LOUNGEBUDDY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE LOUNGEBUDDY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LOUNGEBUDDY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LOUNGEBUDDY’S OR AMERICAN EXPRESS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOUNGEBUDDY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LOUNGEBUDDY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NEITHER LOUNGEBUDDY NOR AMERICAN EXPRESS ARE RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor LoungeBuddy, nor American Express can require the other to participate in an arbitration proceeding. To opt out, you must notify LoungeBuddy in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
LoungeBuddy, Inc. ATTN: Arbitration Opt-out, 200 Vesey Street New York, NY 10285.
You must include your name and residence address, the email address you use for your LoungeBuddy account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with LoungeBuddy and American Express.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with LoungeBuddy or American Express must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject LoungeBuddy or American Express to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature of the Service that LoungeBuddy or American Express provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.