Terms & Conditions
Last updated: September 30, 2024
Welcome to Black Orchid Social Club ("the Club"). Membership is by invitation only and the club is exclusively for people without children.
1. Use of Website and Service
1.1 Please review these Terms & Conditions (the "Terms") along with the Privacy Policy ("Terms" and "Privacy Policy" collectively referred to as the "Terms of Use") before using this website, which is operated by Black Orchid Social Club Inc. ("Black Orchid Social Club", "we", or "our"), a S corporation registered in the State of Texas. These Terms and Conditions ("Terms") govern your membership and use of the Club’s services and facilities. By becoming a member, you agree to comply with these Terms.
2. Membership Eligibility
2.1 Membership to the Club is exclusively available to individuals without children. This includes biological children, adopted children, foster children, or any other dependents.
3. Membership Application
3.1 All applicants must complete the Club’s membership application form.
3.2 The Club reserves the right to verify all information provided in the application.
3.3 Misrepresentation of information, including the existence of children, will result in immediate termination of membership without refund.
3.4 In the event that a member has a child after their membership has been approved, they must provide written notification to The Club within 7 days at: [email protected]. Any member who becomes a parent, whether from the birth of a biological child, adopted children, foster children, or any other dependents, will immediately have their membership terminated and no refund will be provided.
4. Membership Dues and Fees
4.1 Membership dues are payable on an annual basis.
4.2 All fees are non-refundable, including in cases of termination due to misrepresentation.
5. Member Conduct
5.1 Members are expected to conduct themselves in a manner that upholds the Club’s values and standards.
5.2 Members must not bring children to any Club premises or events.
5.3 Any behavior that disrupts the enjoyment of the Club for other members may result in suspension or termination of membership.
5.4 Phone calls are not allowed at events. If you must take or make a phone call you must exit the event venue.
5.5 Cocktail attire is to be worn by all members and guests unless otherwise specified.
5.6 In the event a member or a guest of a member needs to cancel their event booking, they must do so at least 24 hours before the event to avoid a penalty.
5.7 All seated events have assigned seats. Members and their guests should not, at any time, change place cards at the table without approval from the host.
5.8 Unannounced guests will not be admitted to any events.
6. Privacy and Confidentiality
6.1 The Club respects the privacy of its members. Personal information will be handled in accordance with the Club’s Privacy Policy.
6.2 Members must respect the privacy and confidentiality of other members and the Club’s operations.
7. Termination of Membership
7.1 The Club reserves the right to terminate membership at its discretion, including but not limited to:
- Violation of these Terms
- Misrepresentation of eligibility criteria
- Any conduct deemed inappropriate by the Club’s management
7.2 In cases where a member is found to have misrepresented themselves as child-free, their membership will be terminated immediately without refund.
8. Limitation of Liability
8.1 The Club is not responsible for any loss or damage to personal property brought onto Club premises or during Club events.
8.2 The Club is not liable for any personal injury sustained while on Club premises or during Club events.
9. Amendments to Terms
9.1 The Club reserves the right to amend these Terms at any time. Members will be notified of any significant changes. If we change our Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of our website and membership constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using our website.
These terms were last updated on: August 1, 2024
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas.
11. Infringement Claims
Under the Digital Millennium Copyright Act of 1998 and the Copyright, Designs and Patents Act 1988 (the “Copyright Acts”), if you believe in good faith that any content on our website or any other digital properties infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Digital Properties that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Digital Properties; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the Copyright Acts at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to [email protected]. There can be penalties for false claims under the Copyright Acts. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Digital Properties of repeat infringers.
12. Our Liability
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
While we endeavor to provide the best digital experience we can, including without limitation by offering accurate and current Content, we cannot and do not guarantee that the Digital Properties or any portion thereof will always be fully functional, current, or accurate. Subject to the above paragraph, we do not accept any liability for damage to any computer or device that you use to access the Digital Properties or in relation to any loss of data when you use the Digital Properties. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms, or other malware, and you should check that you have suitable, up-to-date virus or malware protection on your computer or device.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE DIGITAL PROPERTIES IS AT YOUR SOLE RISK, AND THAT THE DIGITAL PROPERTIES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE DIGITAL PROPERTIES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE, OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE DIGITAL PROPERTIES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
While we will correct any errors in the Digital Properties that come to our attention as soon as we reasonably can, we do not undertake or warrant that the Digital Properties or the Content will be completely free from bugs or errors or that the Digital Properties will be available on an uninterrupted basis. You accept that access to the Digital Properties (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
We do not make any representation and exclude all warranties, terms, or conditions (whether express or implied by law or otherwise) in respect of the Digital Properties or Content, including, without limitation, any decision you take on the basis of information provided through the Digital Properties, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Digital Properties is to stop using and, where applicable, uninstall the Digital Properties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLACK ORCHID SOCIAL CLUB INC., ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “BLACK ORCHID PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS. IN ADDITION, IF AND TO THE EXTENT BLACK ORCHID SOCIAL CLUB INC. IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BLACK ORCHID SOCIAL CLUB INC. FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD).
13. Indemnification
You agree to defend, indemnify, and hold The Club harmless from and against any claims, liabilities, losses, damages, costs, and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule, or regulation; (3) your infringement, misappropriation, or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulting from such failure. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, action, or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions, or proceedings for which you are required to provide indemnification, without our prior written consent.
14. Your Personal Information
We will use the personal information you provide to us in accordance with our Privacy Policy.
15. Termination
You may terminate these Terms at any time by ceasing to access and use the Digital Properties and, where applicable, uninstalling the Digital Properties. Please understand, however, if you subsequently decide to resume accessing and using any of the Digital Properties, you will again be bound by the then-current Terms. We may terminate these Terms, in whole or in part, at any time and without prior notice or liability to you, for any reason. However, even after these Terms have been terminated, any provision which by its nature is intended to survive, will survive that termination.
16. Force Majeure
The Club will not be responsible and will not pay any compensation where we are prevented or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water, or other utilities.
17. Contact Information
For any questions or concerns regarding these Terms, please contact: [email protected].