Welcome to Pogby!

Please read these Terms of Service (the "Terms") carefully before using or obtaining any content, products or services through Pogby.com (the "Site"). Your use of the Site constitutes your assent to these Terms. If you do not agree with any part of these Terms, please do not use the Site.


1. DESCRIPTION OF SERVICE. Pogby provides reservation services and related services (the "Service") via the Site to assist individuals planning events ("User" or "you") in searching for, identifying, reviewing and securing orders and reservations with participating third party event-related suppliers and service providers, including, without limitation, venues, caterers and DJs that are listed on the Site ("Suppliers").


2. ADDITIONAL TERMS. Pogby is solely a booking service. Your use of an individual Supplier is governed by the terms and conditions of any agreement between you and that Supplier or person or entity that owns or operates such Supplier. You agree to abide by such additional terms and conditions.


3. PROPRIETARY RIGHTS. As between you and Pogby, you acknowledge that Pogby and its licensors own all right, title and interest, including without limitation all patent, copyright, trade secret, trademark and other proprietary rights, in and to the Site and the Service, all software and other technology used by Pogby in providing the Site and the Service, and all data and information provided by Pogby through or generated in connection with the Site and the Service (collectively, "Pogby IP"). You shall not acquire any right, title, or interest in or to the Site, the Service or the Pogby IP, except as expressly set forth in these Terms. Except as expressly provided for in this Section 3, you are not granted any other rights, title or interest in the Site, the Service or Pogby IP. In addition, the trademarks, logos and service marks displayed on the Site (collectively, the "Trademarks") are registered and common law Trademarks of Pogby, its affiliates, and various third parties. Nothing contained on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the express written permission of Pogby, or such other party that may own the applicable Trademarks.


4. USE OF SITE. You agree that you will only use the Site to make legitimate reservations and orders and shall not use the Site for any other purposes. You agree to only use the Site on a single computer for: (1) your personal use or (2) for the purpose of making reservations or orders for an individual event or events on behalf of a person, business, company or governmental or non-profit entity by which you are employed or contracted for the purpose of planning such event(s) and for no other commercial purpose. In the event you make a reservation or place an order on behalf of another person or entity, you represent and warrant that you are authorized by that person or entity to do so. Any and all other uses, including any uses which are unlawful or in violation of these Terms, are prohibited.

By using the Site, you agree that you will not:

a. book a reservation or place an order for the same date, time and event with more than one Supplier for the same service;

b. make speculative, false or fraudulent reservations or orders or any reservation or order in anticipation of demand or, except specifically authorized by the applicable Supplier, for purposes of re-selling the reservation;

c. impersonate any person or entity, including, but not limited to, a Pogby official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. reproduce, duplicate, copy, sell, license, trade, or resell for any commercial purposes any portion of the Site, use of the Site, or access to the Site;

e. copy, reproduce, upload, post, display, modify, create derivative works of, publish or sell any content of the Site or any information, services, code or software displayed on or used by the Site;

f. reverse engineer any part of the Site;

g. use any "robot," "spider," "scraper" or other automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Site;

h. copy, reproduce, republish, upload, post, transmit or distribute the content provided on the Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software;

i. transmit or otherwise transfer any Web pages, data or content found on the Site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise not expressly permitted by these Terms;

j. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;

k. take any action that imposes or may impose a burden or load on our infrastructure that Pogby deems in its sole discretion to be unreasonable or disproportionate to the benefits Pogby obtains from your use of the Site;

l. upload, post, display, transmit or otherwise make available any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

m. post or transmit any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition;

n. disguise the origin of any content transmitted through the Site;

o. upload, post, display, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

p. upload, post, display, transmit or otherwise make available any content that infringes, violates or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights of any party; or

q. upload, post, display, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.

Failure to comply with these terms may result in the cancellation of your reservation or order and/or, subject to the terms of the Supplier's applicable policies, forfeiture of your deposit.


5. PERSONAL INFORMATION AND PRIVACY. Personal information you provide to Pogby through the Site is governed by Pogby's Privacy Policy, the terms of which are incorporated herein. You agree that you have read the Privacy Policy and agree that its terms are reasonable. You consent to the use of your personal information by Pogby, Suppliers and/or Pogby's third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.


6. REGISTRATION OBLIGATIONS. In consideration of your use of the Site, you agree to: (a) provide accurate and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate, current and complete. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information.


7. ACCOUNT, PASSWORD AND SECURITY. You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pogby of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pogby shall not be liable for any loss or damage arising from your failure to comply with this Section 7 or any use of your password or account whether authorized by you or not.


8. CANCELLATION. If you are unable to keep an order or reservation that you make through the Site, you must cancel your order or reservation in accordance with the applicable Supplier's cancellation policy, which will be notified to you at the time you make the reservation for such Supplier.


9. FEES. You authorize Pogby to charge your credit card for the amount of any deposit or reservation fee (the "Deposit") required to be charged by the applicable Supplier as notified to you at the time you make your reservation. Pogby will transmit the Deposit directly to the Supplier less the applicable transaction service fee (the "Service Fee"), which shall be retained by Pogby. The Service Fee is non-refundable and shall be deducted from any amount refunded to you by the Supplier in the event you cancel your reservation or order. In addition, you will be responsible for all charges, fees, duties, taxes and assessments arising out any booking or reservation you make through the Site with any Supplier.


10. USER CONTENT. At Pogby's invitation, you may submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Suppliers, other Users and other third parties.

a. By submitting, posting or displaying content on or through the Site, you grant Pogby a worldwide, perpetual, non-exclusive, royalty-free and fully sub-licensable license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such content on services of Pogby, Suppliers and Pogby's affiliates and/or third party providers and distributors, including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of the content. Pogby reserves the right to syndicate content submitted, posted or displayed by you on or through the Site and use that content in connection with any of the services offered by Pogby.

b. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Pogby for all claims resulting from content you supply.

c. Pogby has the right (but not the obligation) to from time to time monitor and review any information transmitted or received through the Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information Pogby deems inappropriate or in violation of these Terms.

d. Pogby takes no responsibility and assumes no liability for any content submitted by you or any third party.

11. EXCLUSION OF WARRANTY. POGBY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICE, CONTENT, INFORMATION, PROGRAMS, PRODUCTS AND MATERIALS PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POGBY AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER POGBY NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM POGBY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.


12. LIMITATION OF LIABILITY. POGBY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL POGBY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR ORDERS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY POGBY OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICE, THE SITE OR SITE CONTENT. POGBY IS NEITHER AN AGENT NOR IS AFFILIATED WITH ANY SUPPLIER WITH WHICH A USER MAKES A RESERVATION OR PLACES AN ORDER. ASIDE FROM THE SERVICE PROVIDED ON THE SITE, POGBY IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER'S USE OF A SUPPLIER. If, notwithstanding the foregoing, Pogby or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of Pogby and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the Supplier Reservation Fee for reserving a Supplier, or (b) US $100.00 whichever is lower. In its sole discretion, in addition to any other rights or remedies available to Pogby and without any liability whatsoever, Pogby at any time and without notice may terminate or restrict your access to any component of the Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.


13. INDEMNIFICATION. You agree to defend and indemnify Pogby, and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Pogby as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of the Site or the Services.


14. LINKS TO OTHER SITES. The Site may contain links to Web sites operated by parties other than Pogby and which are provided solely as a convenience to you and not as an endorsement by Pogby. Pogby is not responsible for the content of any other Web sites. If you decide to access other Web sites, you do so at your own risk.


15. DISPUTES. These Terms shall be governed by the laws of the state of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Kings county, the state of New York, United States of America, in all questions and controversies arising out of your use of the Site and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. If Pogby takes any action to enforce these Terms, Pogby will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, to which such parties may be entitled. You acknowledge that a violation or attempted violation of these Terms will cause irreparable damage to Pogby for which there will be no adequate remedy at law. Accordingly, you agree that Pogby shall be entitled to an injunction restraining such violation or attempted violation of these Terms by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Pogby in obtaining such an injunction, including without limitation reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction.


16. TERMINATION. Pogby may terminate these Terms and/or your access to the Site at any time for any reason, including any improper use of the Site by you or your failure to comply with these Terms. Such termination shall not affect any right to relief to which Pogby and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, (1) all rights granted to you will terminate and revert to Pogby and its third party providers or distributors, as applicable and (2) Sections 11 through 16 and 19 of these Terms shall survive.


17. MODIFICATIONS.

1. Pogby may change, supplement, delete, update, discontinue, suspend, or modify any aspect of the Site or Service at any time without prior notice to you. You agree that Pogby shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. Pogby may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.

2. Pogby may also at any time modify, revise or update these Terms and/or the Privacy Policy and your continued use of the Site will be conditioned upon the Terms and Privacy Policy in force at the time of your use. You should visit this page from time to time to review the then-current Terms.

18. GENERAL. Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, employment, or agency relationship with Pogby. You may not assign, delegate, or transfer your rights or obligations under these Terms; however Pogby may assign, delegate or transfer its rights hereunder without your consent. If Pogby fails to act with respect to your breach or anyone else's breach on any occasion, Pogby is not waiving its right to act with respect to future or similar breaches. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings in these Terms are for your convenience and reference; they do not limit or affect the interpretation of these Terms. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between you and Pogby relating to your use of the Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Site.