OG Social Club Membership Terms - v1.2
Section 1 - Introduction
These terms are made between OG Social Club Ltd (herein after we', us' or the company') a limited liability company based in Hong Kong and You (herein after you' or yours' or Member') collectively both groups shall be referred to as the parties'
In entering into this Agreement (the NFT Terms) you are hereby certifying that you are of legal age (over the age of 18) and mental capacity to enter into such an agreement.
Section 2 - Preliminary Terms
The term Non-Fungible Token NFT' shall mean any of the official NFT's as issued, created, or administered by us.
You - shall mean you as a natural person, corporation, partnership or other legal entity.
Membership - means membership of the OG Social Club for you as a member.
NFT Holder - The period of time during which the NFT is in your custody and control (ownership).
Section 3 - Nature of Terms
These Membership Terms work with the OG Social Club NFT Purchase and User Agreement terms. Nothing in these terms shall contradict or otherwise replace, amend, or alter those terms.
You are required to agree to the OG Social Club NFT Purchase and User Agreement in order to use your NFT with any of our membership services.
These terms govern how you interact with the OG Social Club and have clauses that can impact your membership and the rights associated with your NFT, you should read them fully.
Section 4 - Qualification for Membership
In order to Qualify for Membership, you must own an NFT. You must also agree, in full, to the OG Social Club NFT Purchase and User Agreement.
In the event that you have received an NFT as a gift or prize - All individuals who receive our NFT's as a gift are still bound by these and the OG Social Club NFT Purchase and User Agreement.
In the event that you have received an NFT on loan/borrowed from a friend, family member, employer, or other person - you are still required to subscribe to these terms.
In the event that you have rented the NFT - you are still required to subscribe to these terms.
If you make your NFT available for any third party, including via gift, loan, rental, or other method, you are required to ensure that they are aware these terms apply. In instances where they are not able to obtain access to these terms, you, as Token Holder are required to notify them of these terms and ensure they are aware of their existence and the consequences of breach before you transfer custody and control to them or allow them to use the NFT in any capacity.
In all instances you must agree to these terms and be an NFT Holder for the purposes of using any OG Social Club facilities. This includes any facilities which are not owned, operated, or control by us.
You must apply for membership through our website before you will be granted access or be permitted to any of the events including receiving information on these events. Membership is not automatic and you must identify yourself and pass through the membership process before membership is granted.
Section 5 - Wallet
When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of FNFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to this Site, please notify us immediately.
Section 6 - Loaning or Renting of your NFT
You may loan or rent your NFT to another party.
Before loaning or renting your NFT to any other party, you must ensure that they are made aware of and agree to these terms in accordance with this section and section 4.
You are herby expressly informing us that you are authorized to bind any party or person you loan or rent your NFT to. On lending or renting your NFT to any other party, you are binding them, including any successors in title, to these terms.
The terms loaning' or renting' shall mean the change of custody and control from you to another third party, regardless of the legal nature of that third party (such as corporation type, DAO, or natural person) in either a temporary or permanent arrangement with or without consideration to you. Regardless of the instrument or name by which it is given.
You can be liable for removal from the OG Social Club for the behavior of a third party. Ensure that you trust any party to whom you loan or rent your NFT.
Section 7 - Website and Account
In order to make a reservation, book a class, or access other features of the website, you will have to create a user account.
Each user account is for the sole use of the member who created the account. Sharing of accounts is not permitted under any circumstances. When creating your account, you must provide accurate and complete information. In the event that you loan or rent your NFT to any other party, they must prepare their own account before they can book a class, make a reservation, or access other features.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify us immediately of any breach of security or unauthorized use of your account.
We will not be liable for any losses or damages incurred by you that are caused by any unauthorized use of your account.
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to the Privacy laws of Hong Kong.
For the avoidance of doubt the website and all company data is hosted, stored and maintained within Europe and Asia.
This website may use cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.
Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google's privacy policy here for further information
Users contacting this website and/ or The Company do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in Data Protection Laws. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted.
This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
In sending the company or the website your personal information you are consenting to allow the company to contact you subject to the above conditions. Any data held by the company relating to individuals will be stored and destroyed once a period of 12 months of no communication has occurred between The User and The Company.
The company will never knowingly or willingly pass information it holds on Users (For clarity this includes: clients, prospects, or website users) onto a third party that undertakes illegal, or non-reputable business activities.
You may terminate their membership at any time without penalty or liability.
Section 8 - Events
We reserve the right to add or terminate membership facilities and events available to you. The hours of operation will be set by us and may be changed at any time in our sole discretion. We are not required to continue any particular programs, facilities, services or equipment and may discontinue, change or modify the same in our sole discretion. We reserve the right to add, eliminate, or alter any program, service or equipment when deemed necessary or desirable in our sole discretion.
We reserve the right, directly and through our employees, agents, or officers to deny you entry into any OG Social Club event on the grounds that such an employee, agent, or officer believes that you are (a) Intoxicated (b) Not fit for entry (c) poorly dressed (d) behaving in a way that is unacceptable (e) abusive (f) underage (g) failed to identify yourself by reasonable means (h) fraudulently claiming ownership of an NFT (j) or for any reason associated with the rules of any third party venue or facility hosting the event.
All events hosted at third party venues are subject to third party venue rules and regulations.
Events can be cancelled or changed at the last minute for reasons outside of OG
Social Club. You must keep your communication method available to you at all times. Cancelled events are subject to reorganizing at a later date, providing that any third party venue or facility is still available.
You must be of legal age to attend events. Any person found to be under age attending an event, even if such an event is suitable for those under age, will still have their membership removed.
You may not communicate the details of events to any third party who is not attending the event directly or a member of OG Social Club. All events are private and confidential and shall not be made public.
You acknowledge the existence of and the need for rules and regulations governing your participation in and use of our Classes, events, and Facilities. You agree to comply with any rules and regulations that are communicated to you in any reasonable manner, including by posting on this website, communicated to you by any OG Social club team member, or by posting at our or third party facility. We reserve the right to modify, amend or supplement any such rules and regulations from time to time in our sole discretion as required.
You agree to be bound by the rules and regulations including any code of conduct and dress code of any facilities that host any OG Social Club event. You agree to be bound by the rules and regulations of the local authorities including law enforcement officers, local laws, ordinance, or governing body of any location where OG Social Club events are held.
In owning an NFT you acknowledge that you are a brand ambassador for the OG Social Club. As such, you shall do nothing to bring the OG Social Club into doubt or disrepute. This includes damaging the name of the company, the brand, its users, members, or any facility (including those not owned by us) used for any event or function.
You acknowledge that you are responsible for any and all posts that you make in forums, courses, notes, and any other medium provided by us. You will do nothing to slander the name of the company, its website, Tai Lopez, his affiliates, companies or the Company members.
If you breach any of these rules or regulations the company reserves the right to terminate your membership with immediate effect and you will not be reimbursed for
any expenses associated with acquiring your NFT or attending any events in the past or planned.
Any breach of these terms may result in your NFT becoming blacklisted'. An NFT that is blacklisted shall not be allowed to book, redeem, or otherwise take part in the OG Social Club anymore. The membership of that NFT will be terminated including any future owners.
All rights associated with that NFT and the OG Social Club will no longer exist. You may not hold out, or otherwise withhold the fact that your NFT is no longer accepted by the OG Social Club.
Removal of an NFT from the OG Social Club is done so at the exclusive right of the OG Social Club membership committee. Should the membership committee examine your conduct and conclude that such conduct was sufficient for removal, your NFT will no longer be valid for OG Social club events.
Complaints about members received by other members, members of the public, law enforcement agents, or any third party are to be made to the Membership Committee. The membership committee can be contacted by using the official OG Social Club website or by emailing the OG Social Club team.
Any complaint received is confidential. The committee may not respond to your message and you should only make one message about each instance/complaint. Continued complaints about other members, without merit, are grounds for consideration of your own NFT to be removed from membership.
The Membership Committee and their decision is final. It may not be contested or otherwise appealed. The Membership Committee is a private body which acts on behalf of us.
Breach of these terms, behavior, and conduct of an NFT owner is grounds for removal of an NFT from the OG Social Club Membership. The behavior and conduct of the NFT user at the time is treated the same as that of the owner for the purpose of blacklisting. Regardless of if the NFT is rented or loaned to a third party, that third party will be responsible for the blacklisting of the NFT. The Membership Committee does not, and is not, party to any relationship such as rental agreements you may have for your NFT. The NFT membership is aligned with the individual using it at the
time for the purposes of grounds for termination. You are responsible for the actions of any party to whom you loan or rent your NFT.
You may request a review after a 12 (twelve) month period to have your NFT reinstated for membership rights.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY OG SOCIAL CLUB, THE SITE, EVENTS, VENUES, AND FACILITIES OPERATED BY US INCLUDING ANY VIRTUAL OR PHYSICAL ARE PROVIDED OR MADE AVAILABLE FOR USE ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. OG SOCIAL CLUB (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT EVENTS OR FACILITIES WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. OG SOCIAL CLUB DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF EVENTS AND FACILITIES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT FACILITIES AND EVENTS, ARE FREE OF RISKS OR OTHER HARMFUL COMPONENTS BTH KNOWN AND UNKNOWN. WE CANNOT GUARANTEE THE SECURITY OF ANY INDIVIDUAL.
YOU ACCEPT THE INHERENT SECURITY RISKS OF MEMBERSHIP AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. SOME FACILITIES AND EVENTS INVOLVE A LEVEL OF PHYSICAL AND/OR MENTAL STAMINA. YOU SHOULD BE PHYSICALLY ABLE TO ATTEND ALL EVENTS.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY PARTICIPATION IN ANY EVENT OR USE OF ANY FACILITY INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) YOUR INABILITY TO ACCESS THE LOCATION DUE TO DISABILITY OR MENTAL INABILITY (B) ANY EXPENSES INCURRED BY ATTENDING OR REACHING THE VENUE OR LOCATION OF ANY EVENT (C) AN ACT OUTSIDE OF THE CONTROL OF OG SOCIAL CLUB WHICH CAUSES AN EVENT TO BE CANCELLED (D) THE GENERAL CANCELLING OF EVENTS.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OG SOCIAL CLUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, OUR FACILITIES, EVENTS, THE SERVICES, THIRD PARTY SERVICES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF OG SOCIAL CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND PARTICIPATION IN EVENTS, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU OR ANY THIRD PARTY FOR ANY LOSSES RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF OG SOCIAL CLUB ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF EVENTS, OR ANY SERVICES PURCHASED OR BOOKED ON OUR SITE OR ORGANIZED DIRECTLY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless OG Social Club, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the OG Social Club Parties), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or
unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, Claims), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your attendance and participation in events, event Content, or event engagement (c) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (e) your failure to pay any Taxes or Sales Taxes in connection with your transactionsat our events. You agree to promptly notify us of any third party Claims and cooperate with the Vee Friend Parties in defending such Claims. You further agree that the Vee Friend Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
The laws of Singapore shall govern your relationship with OG Social Club and this Agreement. The Courts and Arbitration Body of Singapore having jurisdiction.
Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with OG Social Club and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your participation in OG Social Club events shall be resolved by arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or OG Social Club may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The Tribunal shall consist of 3 arbitrator(s). The language of the arbitration shall be English. The law applied shall be the laws of Singapore.
Section 17 - Miscellaneous
Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be
of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with OG Social Club.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.
These terms can be assigned by OG Social Club without notice to you.
