Terms & Conditions

Please read the following terms and conditions of use carefully before accessing this Optimal Media Group LLC website. The following terms and conditions (the "Agreement") form a binding agreement between you, Optimal Media Group LLC, and any additional contracted third party organization, which is sometimes referred to as “OMG,” “we,” “us” or “our.” By using the Site or any OMG Services, you are agreeing to these terms and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

Our Services

OMG provides a host of online products through which consumers can access special promotions from local businesses and receive recommendations related to their interests through our website and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the "Site").

The Site also provides an interactive online service, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users at a discounted price. Consumers may also inform Merchants the price they would pay for a voucher of the products of third party merchants. Vouchers may be purchased by OMG account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of creating an account on this Site, you agree that:
• You are an individual person at least 18 years of age;
• You possess the authority to create a binding legal obligation;
• Your use of this Site will at all times comply with the terms of this Agreement;
• If you elect to create an account:
 • You may create only one account for your personal use;
 • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
 • You may only make purchases on the Site for your own use and enjoyment;
 • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
 • You agree to purchase vouchers using Paypal.
• You declare that any and all information you submit to the Site is only about yourself, and all such information is accurate, true, current and complete.

Your Account

You will need to register by creating an account with OMG in order to publish Content on the Site or obtain access to certain Services, including Vouchers. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will create unique log-in credentials (a “Display Name”). Access to the OMG Site and Services is not authorized by any other person or entity using your Display Name and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by OMG may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

OMG relies on Display Names to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a Display Name that you created, we will rely on that Display Name and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your Display Name. Please notify us immediately if you become aware that your Display Name is being used without authorization.

Terms of Sale

How it Works
The OMG marketplace lets you, the consumer, pick the price that you would like to pay for an offered product. When you post your price, you are telling the Merchants, "This is what I would pay for your product." Merchants can then see the price you are willing to pay. If they think the price is fair, OMG will email you a confirmation e- mail. At that time, you are able to purchase the voucher using Paypal.

Vouchers you purchase through our Site as an OMG account holder are negotiated offers between you and the Merchants that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher.

Responsibility
The Merchant is solely responsible for redeeming the voucher. The Merchant is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release OMG and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it.

The Voucher
OMG is a service provider for the Merchant identified on the voucher and the Merchant is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay $20 for a voucher that provides you $50 of goods or services from a Merchant, the full offer value is $50, the amount paid is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires one year after the purchase date unless expiration of the promotional value is prohibited by law).

Refunds
OMG will provide a refund of the purchase price paid by you for any Voucher within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.

Global Terms
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
• no cash value for any Voucher,
• no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
• no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
• Vouchers cannot be combined with any other coupons or promotions unless otherwise allowed by the Merchant,
• Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
• neither OMG nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
• duplicate use, sale or trade of a Voucher is prohibited, except as required by law,
• unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

Promotions of OMG
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Vouchers or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us (such as bids) is submitted precisely for the purpose of disclosure in a variety of ways by OMG, and therefore such information is not subject to any confidentiality obligation. You agree that information provided to us in connection with the purchase of a Voucher may be disclosed by us to the OMG Merchant for their commercial purposes including selling you a voucher at your bid price.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://www.http://www.yourcitynightout.com/privacy.

Any communications between you and OMG, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Availability of the Site

The availability of this Web Site is outside our control and in the hands of our third party providers. We give no guarantees as to the level of availability of this Web Site and we have no liability for any loss and/or damage which you may suffer as a result of this Web Site being unavailable and/or as a result of any loss or corruption of data or loss of transactions which you suffer as a result of any system outage.

Ownership of the Site

All content on this Web Site (and any intellectual property rights which exist in the same), including but not limited to any text, graphics, images and their selection and arrangement, belongs to OMG and/or has been legally licensed by OMG. The content on this website may not be recorded, re-transmitted or re-directed to another website without OMG’s express written consent. Commercial use of either the Web Site or any material found on the Web Site is strictly prohibited. Neither the Web Site nor any material found on the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered and may not be displayed publicly, or used for any rental, sale, or display without OMG’s express written consent. Infringements of any copyright or other intellectual property rights in this web site may lead to criminal and/or civil sanctions in the US or other countries.

Links to Third Party Sites

We do not have control over web sites that OMG may link to. OMG may contain links to third party web sites that are not owned, operated, or controlled by OMG. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using OMG you expressly relieve us from any and all liability arising from your use of any third party web site.

Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e- mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and for all Vouchers purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

Disclaimer of Warranty

The contents of this Web Site do not necessarily reflect the views and/or policies of OMG, nor does mention of trade names or commercial products constitute recommendation of their use by OMG. OMG makes no representations or warranties with respect to any images posted or broadcasted.

OMG expressly disclaims all warranties and representations as to the availability, accuracy, quality, performance, correct transmission, completeness of the content contained in this Web Site, or contained in web sites owned or operated by third parties which are linked to this Web Site. The Web Site is provided on an “as is” basis and OMG makes no representations and/or warranties of any kind with regard to the Web Site and its content. OMG also expressly disclaims any liability for damages resulting from errors or malfunctions in computer equipment or incomplete or inaccurate information transmitted through this or any third party web site or from your use of a third party’s web site which is linked to ours. The limitations of liability in relation to this Web Site apply to damages of all kinds, including, without limitation, compensatory, direct, indirect, consequential damages, loss of and/or corruption of data, loss of income, production or profit, loss of and/or damage to property and any third party claims. However, the limitation of liability in relation to this Web Site does not limit our liability to the extent that it cannot be limited and/or excluded as a matter of law.

Limitation of Liability

You agree to indemnify and keep indemnified OMG, its officers, employees, agents and assigns from and against any damages, losses, claims, liabilities, costs and expenses (including increased administration costs and legal fees on a full indemnity basis) arising from your breach of any term, condition, promise, representation or warranty contained herein.

Please note that viruses and similar destructive programs are an inherent risk of communication via the internet. We will use our reasonable endeavors to prevent contamination of any material sent to you by us. We do not, to the maximum extent permitted by law, accept any liability for any virus or similarly destructive code which computer equipment and/or software used by you may suffer as a result of you accessing our Web Site and/or any other communication via the internet between you and us. It is your responsibility to scan what you choose to download from our Web Site to ensure that such items are free of such items as viruses, worm, Trojan horses and other similar destructive code.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Last updated: April 16, 2012