Terms Of Service

Terms of Service and Membership Agreement

Welcome to Cloak & Dagger operated by The Business Of Black LLC (“Cloak & Dagger”). Cloak & Dagger provides its services to you subject to the following conditions. Before you may use the Site and membership services, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service and Membership Agreement ("TOS") and the linked Privacy Policy. We recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site or Membership in any way. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS and Membership without prior notice, and your continued access or use of this Site and Membership services signifies your acceptance of the updated or modified TOS and Membership.

1. Description of Services.

Cloak & Dagger provides users access to benefits and services and information (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. License and Site Access.

Cloak & Dagger grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Cloak & Dagger’s sole discretion) an unreasonable or disproportionately large load on Cloak & Dagger ‘s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Cloak & Dagger to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Cloak & Dagger.

By using the Site you agree Not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.

3. Membership Eligibility.

The Service and Membership is not available to minors under the age of 21 or to any users suspended or removed from the system by Cloak & Dagger for any reason. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.

4. Membership and Account.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Site for legitimate purposes. You also agree to provide true, accurate, current and complete information about yourself when you apply for Cloak & Dagger membership. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Cloak & Dagger has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cloak & Dagger has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Cloak & Dagger (CloakandDaggerLA@gmail.com) immediately of any unauthorized use of your account or any other breach of security. Cloak & Dagger reserves the right to refuse membership or service, terminate membership, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer and membership at any time and for any reason, including, but not limited to, for violation of the TOS, Privacy Policy, or Violating Rules and Restrictions. You agree that you will use your Cloak & Dagger Membership card for the purposes intended. Within the club photos, videos, or any other recording is prohibited unless written permission is granted by the owners and/or operators of The Business Of Black LLC. All black attire is required, personal space is to be respected, going into restricted areas without permission of representatives of The Business Of Black LLC. is prohibited. You agree to be fully responsible for your guests.

Although membership grants entry to the club it does not guarantee entry to the club or affiliated events.

5. Membership Fee.

Your Monthly or Annual Membership fee is subject to taxation in accordance with applicable federal or state law. The monthly or annual Membership fee does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The Membership fee is Non-Refundable even under grounds of membership being terminated prior to expiration for any reason.

6. Billing.

If membership is approved, full billing of monthly or annual membership will commence immediately. If Membership is denied, there will be no charges.

7. Term; Continuous Membership; Billing.

The initial term of a Membership shall commence on the date it is purchased and continue until one month or one year from the date in which the Membership was purchased. Each Membership will automatically renew (therein referred to as a "Renewal Membership") each month or each year for additional one-month or one-year periods (referred to as "Continuous Membership") unless (i) you notify Member Services (CloakandDaggerLA@gmail.com) in writing, of your decision to opt out of Continuous Membership; or (ii) your Membership is cancelled or we terminate your Membership.

Renewal Membership fees will be billed monthly or annually and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on or around the day in which your current Membership or Renewal Membership term expires.

8. Cancellation; Termination.

(a) You have the right to cancel your Membership at any time. Because of the nature of our service, no refunds will be available.

(b) Cloak & Dagger reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this TOS, applicable law, or otherwise be harmful to our interests. If Cloak & Dagger cancels your Membership, Cloak & Dagger may, at its sole discretion, refund a portion the balance of the annual membership fee on a time apportionment basis.

(c) We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.

(d) Upon cancellation of Membership, you are relinquishing your current annual Membership rate and understand you will not be able to rejoin at a later time at that rate. You will also be relinquishing any current or ongoing benefits you were enrolled in as a Member.

9. Membership Benefits and Spouse/Significant Other, or Guest Privileges

(a) As a member of Cloak & Dagger, you're entitled to the benefits that pertain to your particular Membership type.

(b) Cloak & Dagger has the right to add, modify or eliminate any benefit or service at any time at our discretion. Cloak & Dagger does not guarantee the availability of any of its benefits and they are all subject to change at any time without notice.

  1. Any Spouse or Significant Other, or Guest Membership that is part of a Membership Account shall be automatically terminated when that membership account to which it is connected ends.

10. Tables

Tables require a $150 Drink Minimum, of bottles or drinks, purchased through the assigned waitress or waiter.  Please remember to tip, as that is not included.  

You may have up to 10 Guests (Members and Non-Members) Please be prepared to provide their First and Last Names, Email Addresses, and Instagram Accounts.

(a)Booking Tables

Tables are booked and reserved online by order of request. Tables are limited, and due to demand, may not be available on the date requested.  It is recommended to book your table 2 weeks in advance, to ensure one is available.

(b)Table Assignments

You will be assigned a table within the venue with the discretion of the hosts, availability, and amount of table guests invited.

(c)Table Guest List

Please notify Cloak&Dagger by email at: cloakanddaggerLA@gmail.com with the complete guest list or changes to your list no later than 1pm on the day of the event, changes after that time may not be accommodated.

(d)Cancellations

Please give a 48 hour, but no less than 24 hour, notice of cancellation to Cloak&Dagger by email at: cloakanddaggerLA@gmail.com

(e)Table Requests

Cloak & Dagger has the right to suspend or terminate table requests and refuse any and all current or future use of reserving a table, due to problematic issues including but not limited to overuse, misuse, repeat/no notice of cancellations, or inappropriate behavior of guests.

11. Submitted Content

Cloak & Dagger does not claim ownership of any materials you make available through the Site, Affiliated Pages or Websitesand within the Venue. At Cloak & Dagger's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, Affiliated Pages or Websites and Venue , you grant Cloak & Dagger a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site or affiliated Pages or Websites: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site, Affiliated Pages, Websites or Venue.

12. Business Partner Policies

You acknowledge that partner charges including, tax and incidentals are the responsibility of the individual member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that Cloak & Dagger partners have rules and policies. You are responsible and liable for verifying and abiding by these policies. Partners, at their sole discretion may have blackout dates or restrictions. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any partner (including Business, Lifestyle, or Travel) with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the partner’s rules and restrictions regarding availability, cancellation policies, minimum age, maximum occupancy, pet policies, child policies and use of fares, products, or services. You agree that any violation of any such partner’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

13. Disclaimer of Liability and Warranty.

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE OR AFFILIATED PAGES AND WEBSITES, MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES WE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. CLOAK & DAGGER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLOAK & DAGGER AND THEIR RESPECTIVE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM CLOAK & DAGGER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLOAK & DAGGER, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. ANY PARTNERS PROVIDING SERVICES ON THIS SITE ARE NOT ACTING AS AGENTS OR EMPLOYEES OF CLOAK & DAGGER OR ITS AFFILIATES. CLOAK & DAGGER AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CLOAK & DAGGER AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL CLOAK & DAGGER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CLOAK & DAGGER, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOAK & DAGGER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLOAK & DAGGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

If, despite the limitation above, Cloak & Dagger, its Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Cloak & Dagger, Its Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Cloak & Dagger in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Cloak & Dagger, Its Affiliates, and/or their respective suppliers.

15. Indemnity.

You agree to indemnify and hold Cloak & Dagger (and its members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, your violation of any law or the rights of a third party, or your use of the Site.

16. Electronic Communication.

When you use the Site Affiliated Pages or Websites or send emails to Cloak & Dagger, you are communicating with Cloak & Dagger electronically. You consent to receive communications from Cloak & Dagger electronically. Cloak & Dagger will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Site-Provided Email and Postings.

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Cloak & Dagger is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Cloak & Dagger may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) Advertisements or solicitations of any kind; (iii) Impersonate others or provide any kind of false information; (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.; (v) Messages by non-spokesperson employees of Cloak & Dagger purporting to speak on behalf of Cloak & Dagger or containing confidential information or expressing opinions concerning Cloak & Dagger; (vi) Messages that offer unauthorized downloads of any copyrighted or private information; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; or (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Cloak & Dagger.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using http://www.xcloakanddaggerx.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases. 

18. Links.

The Site or third parties may provide links to other World Wide Web sites or resources. Because Cloak & Dagger has no control over such sites and resources, you acknowledge and agree that Cloak & Dagger is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Cloak & Dagger shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

19. Access To Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

20. Modification and Notification of Changes.

Cloak & Dagger reserves the right to make changes to the Site and Membership Agreement, related policies and agreements, this TOS and the Privacy Policy at any time. If Cloak & Dagger makes a material modification to this TOS, it will notify you by:

(i) sending an email to the address associated with your account. Cloak & Dagger is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add CloakandDaggerLA@gmail.com and http://www.xcloakanddaggerx.com to the list of domains approved to send you email (commonly known as your "whitelist"); and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: CloakandDaggerLA@gmail.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

21. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Cloak & Dagger and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Cloak & Dagger or such third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

22. Procedure for Claims of Intellectual Property Infringement.

Cloak & Dagger respects the intellectual property of others, and we ask our users to do the same. Cloak & Dagger may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Cloak & Dagger ‘s Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; or (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Cloak & Dagger’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: CloakandDaggerLA@gmail.com

Cloak & Dagger may update this email address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.

23. Survival of Terms After Agreement Ends.

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

24. General.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Cloak & Dagger will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Cloak & Dagger agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with this TOS. The failure of Cloak & Dagger to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Cloak & Dagger does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Cloak & Dagger and governs your use of the Site, superseding any prior agreements between you and Cloak & Dagger with respect to the Site.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Service and Membership Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of these Terms of Service and Membership Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cloak & Dagger may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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