Agreement:
The Utopia World Vacations Reward Points
Program Service ( "Reward Points", “Points”, or “Service”),
owned by UTOPIA WORLD LLC, Vacation Series, a Delaware Series LLC, hereafter
referred to as (“Utopia”, "Operators", "we",
"us" or "our") is provided to you ("you,"
"your", “Member” or "User") under the following
terms and conditions, including any amendments thereto and any additional
terms and conditions, rules or policies that may be applicable to particular
offerings made in connection with the Service (collectively, the "Terms
and Conditions"). Utopia may classify the Reward Points Service's
Terms and Conditions as "Additional Terms", and such classification
would be specified in Utopia's official Terms of Use Agreement ("Agreement"),
or under the posted Terms and Conditions. If and when these Terms and
Conditions are considered Additional Terms, these Terms and Conditions
are hereby incorporated by reference into Utopia's main Agreement. You
agree to be bound by the provisions herein named. We reserve the right
to update or change these Terms and Conditions from time to time. Any
such changes shall be reflected in an updated version of the Terms and
Conditions posted on this site. By continuing to use the Service following
the posting of any such change, you will be deemed to have agreed to
the amended version of the Terms and Conditions. Any failure to comply
with these Terms and Conditions by you may result in the termination
of your account, and the forfeiture and relinquishment of all Reward
Points you have accrued in the Service.
This agreement is made by and binding
only on UTOPIA WORLD LLC, Vacation Series, a Delaware Series LLC, and
not on Utopia World LLC or any other Series of Utopia World LLC.
BY REGISTERING TO USE THE SERVICE
(BY BECOMING A MEMBER), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,
SO PLEASE READ THEM CAREFULLY.
Terms and conditions:
Description of the Service
Reward Points is a program where registered Utopia members can accrue
Reward Points by engaging in certain activities and can redeem Points
for certain offers ("Rewards"). Points accrued in the Service
are non-transferable to other users or accounts.
Eligibility
Unless otherwise specified in connection with particular offerings,
participation in the Service is open only to natural persons who are
residents of the United States of America and who are 18 years of age
or older.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have
the right to modify or discontinue, temporarily or permanently, the
Service, including the Reward Points levels, in whole or in part for
any reason, at our sole discretion. We may, among other things, withdraw,
limit, modify or cancel any Reward; increase the Points required for
any Reward; or modify or condition the transferability of Rewards or
benefits. You agree that we will not be liable to you or any third-party
for any modification or discontinuance of the Service, in whole or in
part.
Membership registration
In consideration of your use of the Service, you agree to provide true,
accurate, current and complete information about yourself as prompted
by the registration form or upon request by Utopia, and to maintain
and promptly update your personal data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or if we or any of our service providers
have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend
or terminate your account and to refuse any and all current or future
use of the Service (or any portion thereof) by you. You may not register
with a disposable email address. Only one member account per person
and two member accounts per household is allowed.
You can, among other things, review your
accumulated Points, review referrals you have made, review the Terms
and Conditions currently in effect and as amended from time to time,
and review redemption options at http://www.utopiaworldvacations.com.
Account security
You will select a password and account designation upon completing the
registration process. You agree to maintain the confidentiality of your
password and account, and that you are fully responsible for all activities
that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any
other breach of security, and to exit from your account at the end of
each session. We will not be liable for any loss or damage arising from
your failure to comply with these conditions. If for any reason your
account is terminated by either you or us, all of your Points accrued
will be forfeited.
Points
To earn Points, you must undertake an activity described as a service-authorized
promotion for earning Points, by forwarding company approved emails
to prospective members to invite them to become a Utopia member.
Upon the purchase of products or services by those referred members,
you become eligible to earn Reward Points which may be awarded in connection
with the Service.
We
expressly reserve the right to change the rate at which referred Points
are credited. We also reserve the right to establish additional
means of accruing Points, to delete any or all of the means currently
in effect, to exclude specific types of transactions from the accumulation
of Points or to specify periods after which unused Points will be forfeited.
For Reward Points to be awarded, Utopia may at any time require proof
of identity which may include proof of your Social Security Number or
other reasonable identification.
Points can be accrued only for activity
actually taken and completed by you or by your primary referrals and
can be applied only to your account.
We will use reasonable efforts to allocate
earned Reward Points to each user's account. If you believe that Points
have been earned but not credited, or in cases where we deem verification
is required, we reserve the right to require proof of accrual, including,
but not limited to, copies or receipts or similar documentation verifying
any transactions claimed to have occurred. We must receive any claims
of Points by you and proof of accrual within three months after the
date such Points are claimed to be earned.
Points will be maintained in your
account until they are redeemed for a Reward. All decisions regarding
point balances, rewards, and forfeitures, and the identity of the individual
accessing an account, are within our sole discretion.
Rewards
You may redeem Points accrued in your account for Rewards, provided
that your account is in good standing at the time of the redemption
request. Points earned in two or more different accounts may not be
combined to redeem any Reward. Some Rewards have limited availability
and all Rewards are subject to availability and other terms and conditions.
You are responsible for taxes, if any, due on Points or Rewards. We
reserve the right to modify or cancel any Reward offering at any time.
Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable,
or transferable for cash, credit, other Rewards, or Points under any
circumstances, except where such cash redemption is offered directly
to members by Utopia.
Privacy Policy
By participating in the Service, you agree that we may collect and use
personal information about you that you provide to us in accordance
with our Privacy
Statement. For more information, click here
to see our complete privacy statement. By using the Service, you agree
to be bound by the terms of our Privacy Statement.
Limitation of Liability, Indemnity
and Release
UNDER NO CIRCUMSTANCES
SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY
TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU
AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS
OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED
TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR
USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all
responsibility for, and hereby indemnify and hold us harmless from and
against, any actions taken by any user authorized to use your account,
including, but not limited to, accrual of Points, redemption of Points,
and disclosure of passwords to third parties. By using the Service,
you release us, our subsidiaries, and affiliates from any and all liability
regarding the redemption of Points, use of Rewards, or other participation
in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior
notice, we may remove Reward Points from your account as a penalty,
terminate your access to the website or deactivate your membership account
if we determine that you have violated our Agreement or its Terms and
Conditions.
Indemnity
You agree to indemnify and hold us, our affiliates, officers, agents
, representatives and other partners and employees, harmless from any
loss, liability, claim or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the website,
including, without limitation, any information or content you post to
the site or any interference with the operation of the site.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of Delaware, without giving effect to any
conflicts or choice of laws rules (whether of Delaware or any other
jurisdiction). The invalidity or unenforceability of any provisions
of these Terms and Conditions shall not affect the validity or enforceability
of any other provision. In the event that any provision of these Terms
and Conditions is found to be invalid or unenforceable, these Terms
and Conditions shall be construed in accordance with their terms as
if the invalid or unenforceable provision was not contained therein.
The Service and its components, including all trademarks, trade names
and logos, are the property of Utopia and/or its licensors, which reserves
all rights to such property.