The Site is an aggregator that provides you with a simple and easy to access platform to find events and experiences “Events” and buy tickets, which consists of both primary tickets “Primary Tickets” and/or resale tickets “Resale Tickets” to such Events, periodically and collectively referred to as (“Tickets”) herein.
Given that NIGHTOUT is an aggregator, we are simply an intermediary between ticket buyers and ticket sellers. This means that the Site is not the event producer or direct ticket seller and the Events and Tickets listed on the Site are not controlled by NIGHTOUT. NIGHTOUT is not a venue or entity that is directly involved in the production of Events. NIGHTOUT is in the business of aggregating and listing Events and Tickets from various third-party entities and platforms.
Primary Tickets are listed on the Site directly from our partners and affiliates “Partners” who are the venue, event producer, or an affiliate who is directly authorized to list such Primary Tickets.
Resale Tickets are listed on the Site exclusively through a third-party platform the “Resale Platform.” Neither NIGHTOUT nor the Resale Platform, periodically and collectively referred to as (“Us” or “We”) herein, act on behalf of any venue, promoter, team, league or organizing group and does not represent any official organizer of the Primary Tickets listed and is not suggesting any endorsement by or association with such official Partners or any venues, events, teams, leagues, performers or attractions. The Site uses the Resale Platform to: (i) get Events and list Resale Tickets, (ii) process orders for Resale Tickets, (iii) verify order and payment information, (iv) charge your debit or credit card, (v) coordinate the delivery of Resale Tickets once purchased, and (vi) customer support and other operational elements that pertain to Resale Tickets. NIGHTOUT and the Resale Platform shall collectively be referred to as “We” and “Us” within this Agreement and references to “Our” refer to both NIGHTOUT and the Resale Platform collectively.
Both Primary Tickets and Resale Tickets to Events are listed throughout the Site and will in some cases appear on the same pages. It is our goal to clearly distinguish Resale Tickets with the NIGHTOUT Verified Resale badge and other content on the event page “Event Page” and during checkout “Checkout” for you to know when you’re buying Resale Tickets.
By using this Site, you agree to comply with all the Terms hereof. The right to use this Site is personal to You and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of Your account information including password(s) and other sensitive data. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of NIGHTOUT, and NIGHTOUT shall not be responsible for any data lost while transmitting information on the Internet. While it is NIGHTOUT objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation to, routine maintenance, third party service outages, connection disruptions and Site functionality. You understand and acknowledge that due to circumstances both within and outside of the control of NIGHTOUT, access to the Site may be interrupted, suspended or terminated from time to time with or without notice.
NIGHTOUT shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, its content, hours of availability, and equipment needed for access or use. Further, NIGHTOUT may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
In order to gain access to some areas of the Site, buy Tickets, and/or make other purchases, you must register for an Account. By creating an Account, you will be asked to provide personal information ("User Data") including, but not be limited to, your name, email address, city of residence, zip code, birthday and other general information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions by individuals you share your account information with. You agree to (a) immediately notify NIGHTOUT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit or logout from your account at the end of each session. NIGHTOUT shall not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of Your Account. In the event of any dispute between two or more parties as to account ownership, you agree that NIGHTOUT shall be the sole arbiter of such dispute in its sole discretion and that NIGHTOUT ‘s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
To be a registered User of the Site, You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "User Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or NIGHTOUT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete and NIGHTOUT, in its sole discretion, has the right to suspend or terminate Your Account and refuse any and all of Your current or future use of the Site (or any portion thereof).
In addition to the information you willingly provide, NIGHTOUT may also collect information during Your visit to the Site through our automatic data collection tools, which may include web beacons, cookies, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to NIGHTOUT such as your browser type and language, access times, and the address of the website from which you arrived at the Site. They may also collect information about your Internet Protocol (IP) address, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Site) and product information. NIGHTOUT may also use some of these automatic data collection tools in connection with certain emails sent from NIGHTOUT, and therefore may collect information using these tools when you open the email or click on a link contained in the email. In order to better serve you and present you with relevant data, NIGHTOUT. may obtain your location data. If you would not like to share your Location Data please refrain from the Site.
NIGHTOUT uses User Data information to better meet User needs, to respond to specific requests for information, to send promotional materials, and to make you aware of new or similar products or offerings in which you might be interested.
Notifications and Newsletters.
NIGHTOUT reserves the right to send you email communications from time to time regarding company updates, technical or administrative issues, legal notices, promotional offers or other important information about the Site and products and service of NIGHTOUT considered valuable or essential to your continued ability to use them properly “Update Newsletters”.
If you opt-in to the NIGHTOUT newsletter, the “Newsletter”, either through your Account, our Newsletter opt-in page, or during checkout while purchasing Tickets, you acknowledge that you may receive promotional communications and emails from NIGHTOUT. You may opt-out and opt-in to the Newsletter at any time through your Account.
NIGHTOUT does not intentionally send unsolicited emails to anyone who has requested that NIGHTOUT not contact them with such. If you would like to completely out of receiving communications and any emails from NIGHTOUT including Update Emails, please contact us at firstname.lastname@example.org.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. NIGHTOUT shall not in any way be liable for any damages to the User’s equipment resulting from the use of this Site.
This Site and any individual sites or event producer-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Affiliates") are private property. All interactions on this Site and/or the Affiliates must comply with these Terms. Although we welcome and encourage user interaction on our Site, we insist and require that all activity in connection with the use of the Site and the Affiliates is for lawful purposes only. You shall not post or transmit any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NIGHTOUT’s expressed prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in NIGHTOUT’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the Affiliates is strictly prohibited. User shall not use this Site or any of the Affiliates to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Site and/or the Affiliates to become Users of other online or offline services directly or indirectly competitive or potentially competitive with NIGHTOUT.
Primary Ticket Listings.
Through the Site, NIGHTOUT provides you with the opportunity to purchase Primary Tickets directly from our Partners the event producer or authorized third party. NIGHTOUT provides our Partners with the means to list their Events on the Site to market their event and sell their Primary Tickets to you. The following terms for Primary Tickets apply to you as a ticket buyer and your use of Primary Tickets through the Site.
Who You Are Buying From.
NIGHTOUT acts as third party platform to our Partners who are promoting and/or otherwise offering you Primary Tickets. By purchasing a Primary Ticket on the Site, you will either be purchasing that ticket from the event producer or an authorized third party of the event producer.
Pricing and Availability.
Primary Tickets for popular events may sell out quickly. Occasionally, additional Primary Tickets may be available prior to the event. However, NIGHTOUT does not control this inventory or its availability. In some cases, NIGHTOUT or other distribution channels may receive additional, subsequent allocations of Primary Tickets for distribution, which may be of similar or higher desirability than those sold on the Site, or may be offered for sale at lower prices than prices charged on the Site.
Quantity of Primary Tickets User.
When purchasing Primary Tickets on the Site, you are limited to a specified number of Primary Tickets for each event (also known as a "Quantity Limit" or "Limit"). This Limit is controlled by the Partner and is noted during your purchase process and is verified with every transaction. This policy is in effect to control attendees and discourage unfair ticket buying practices.
Primary Tickets purchased on the Site are typically subject to a per ticket service fee ("The Fee" or "Fee").The Fee is non-refundable under any circumstances. In the event of a refund you will typically be refunded the face value of the Primary Ticket less the Fee you paid in addition to the face value.
Upon a successful purchase of Primary Tickets, you will receive confirmation ("Confirmation") from NIGHTOUT in the form of an email and/or confirmation page both of which will contain your order number ("Order Number"). If you do not receive Confirmation or an Order Number after submitting your payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with NIGHTOUT Customer Service whether or not your order has been actually placed and fully processed. Only you may be aware of any problems that may occur during the purchase process. NIGHTOUT will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Your Primary Ticket is not guaranteed until you receive such confirmation. Even if Primary Tickets are present in your Cart your reservation of those Primary Tickets is not guaranteed until you receive Confirmation of your purchase. If you have attempted to purchase Primary Tickets and are not sure if your payment and order has been confirmed please contact email@example.com.
Canceled and Postponed Events.
Occasionally, Events are canceled or postponed by the Partner. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that Event, which are the sole discretion of the Partner. For exact instructions on any canceled or postponed Event, please check the Event information online or contact the Partner directly. If you purchase a Primary Ticket through the Site, and NIGHTOUT is instructed to issue refunds by the Partner, then NIGHTOUT will most likely give you a refund by issuing a credit to the credit card that you used to purchase that Primary Ticket.
NIGHTOUT will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed Event.
If an Event is canceled, please contact the Partner for information on receiving a refund. If the Event was moved or rescheduled, the Partner may set refund limitations.
Lost and/or Stolen Primary Tickets. You as the ticket buyer are solely responsible for your Primary Tickets. If you lose, have your Primary Tickets stolen, account hijacked or duplicate your Primary Tickets NIGHTOUT is in no way responsible or liable for refunds, damages, or otherwise as a result of mishandling or misuse of Primary Tickets! Under no circumstances will a replacement Primary Ticket be issued for any Primary Ticket that has been damaged, lost, stolen, or destroyed, hijacked, or otherwise.
Refunds and Exchanges.
In general, sales are final and NIGHTOUT and/or it’s Partners will not issue refunds, unless the event is cancelled or rescheduled or the facility is closed due to unforeseen circumstances. If the event is canceled or rescheduled you may receive a refund or exchange based on the Partners instructions. To request a refund you must contact the Partner with your Order number, name, event name and contact information.
Before purchasing Primary Tickets, carefully review the Event and ticket type choices. Refund and exchange policies are generally set forth by the event Partners who generally prohibit NIGHTOUT from issuing exchanges or refunds after a Primary Ticket has been purchased, lost, stolen, damaged or destroyed. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to Primary Tickets you purchased. Without limiting the generality of the foregoing, you will not contact NIGHTOUT to seek a refund or exchange from NIGHTOUT when NIGHTOUT is prohibited from providing one by its Partners, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase Primary Tickets from the Site. Should you do so, your Primary Tickets may be canceled, and the Partner and/or NIGHTOUT, in their sole discretion, may refuse to honor pending and future Primary Ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
Our Partners is the sole entity that determines to issue refunds or not. NIGHTOUT is not obligated to issue a refund except to the extent that the Partner responsible for bringing you the event (1) instructs NIGHTOUT to issue a refund, and (2) provides NIGHTOUT with the Primary Ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the Partner’s terms, instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, is at the Partner’s discretion.
If NIGHTOUT issues you a refund for a ticket, it will issue a refund of the ticket’s face value paid (or, if a discounted ticket, then instead the discounted ticket price paid). In no event will Fees or delivery prices or amounts be refunded under any circumstance. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Again, under no circumstances is the service charge ever refunded even if an event is cancelled or rescheduled.
Ticket Delivery Options.
Partners may offer different combinations of delivery methods ("Delivery Methods" or "Delivery") to their events depending on their preference for accommodating guests/attendees at the entry of the Event. The Delivery Methods are shown to you during Checkout and it is up to you to read and understand the Delivery Method you select and/or is provided for you. If you have any questions regarding Delivery Methods or about your Event’s entry circumstances you must contact the Partner.
Limitation of Liability.
You assume all risks incidental to the Event for which a Primary Ticket is issued, whether before, during or after performance, and you waive any claims for personal injury or death against NIGHTOUT and our Affiliates on behalf of yourself and any accompanying minor.
License; Ejection and Cancellation; No Redemption Value. Partners reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with a Partner’s rules. Breach of terms or rules will terminate your license to attend the Event without refund. A Primary Ticket is a revocable license and admission may be refused upon refunding the Primary Ticket’s face amount. A Primary Ticket is not redeemable for cash.
You Are Subject to Search. You and your belongings may be searched on entry to Events you attend. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Use of Tickets for Commercial Purposes.
A Primary Ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Partner, provided that even if such consent is obtained, any use of NIGHTOUT’s trademarks and other intellectual property is subject to NIGHTOUT’s sole consent. To inquire about such consent please contact firstname.lastname@example.org.
Resale Ticket Listings.
Through the Site, NIGHTOUT provides you with the ability to purchase Resale Tickets through its integration with the Resale Platform. Each Event Page contains the event name, date, seat location, price per Resale Ticket, and other pertinent information about the Event. Please note, the Resale Ticket price may be higher or lower than the “face value” that appears on the original ticket (“Original Ticket”) that was added to the Resale Platform by the original seller “Seller.” Resale Tickets may have a “Notes” section, which, if present, highlights special characteristics of the Resale Tickets contained. You have the ability to view which Resale Tickets are available for a particular Event and determine which Resale Tickets to purchase. As such, it is your sole responsibility to confirm any relevant details by contacting Us at email@example.com or 866.848.8499. Resale Ticket listings do not purport to state the type of ticket and delivery method is not indicative of whether or not a Resale Ticket is actually hard stock or a PDF or any other ticket format. We do not guarantee the accuracy of any information provided by sellers of Resale Tickets.
Selecting and Purchasing Resale Tickets.
Once you identify the Resale Tickets you would like to purchase, and select them, you will be directed through the Checkout process where you will enter your name and address and provide payment information. If you have an Account, some of the required information may be prefilled for you. You will also be able to review the Resale Ticket details and the total order price which will include service and delivery fees and any applicable taxes. The service and delivery fees are added by Us to the price of the Resale Ticket that was originally set by the Seller. The service and delivery fees cover NIGHTOUT’s costs to the Resale Platform and our company operations, including marketing, website improvements, management of the Resale Platform integration, etc.
By placing an order, you authorize Us to charge your method of payment for the total order amount. Your order is then sent to the Seller for confirmation. The Seller will confirm the Resale Tickets are still available and you will receive notification that the Resale Tickets will be delivered. If you do not receive notification of ticket delivery, contact our support at firstname.lastname@example.org or 866.848.8499 for assistance. Upon Seller confirmation, your method of payment will be charged.
100% Buyer Guarantee.
The 100% Buyer Guarantee means that your transaction will be safe and secure, the Resale Tickets shall be delivered prior to the event, the Resale Tickets shall be identical, comparable, or better than the Resale Tickets you ordered, and the tickets shall be valid and authentic. Your only recourse under the 100% Buyer Guarantee is compensation made in relation to the tickets.
Resale Ticket Availability.
All orders are subject to Resale Ticket availability. We will use commercially reasonable efforts to procure and timely deliver the exact Resale Tickets you ordered. If those Resale Tickets are no longer available for any reason, We reserve the right to replace the Resale Tickets you originally ordered with comparable or upgraded tickets, at our sole, reasonable discretion.
For certain Events, the Resale Platform permits a limited number of pre-approved Sellers to offer tickets for sale that they do not possess at the time. These Resale Tickets are marked on the listing as "Zone Seating." If you purchase Zone Seating, the Seller is committing to obtain the Resale Tickets described for you upon receipt of your order. These Resale Tickets, like all Resale Tickets sold through the Resale Platform, are backed by our 100% Buyer Guarantee. After you place your order and your order is confirmed, we guarantee that your Resale Tickets will be within the listed zone or section listed or one comparable and that you will receive these Resale Tickets in time for the event or your will be entitled to your money back. Zone orders exceeding four Resale Tickets may be split up into different rows within the requested zone or section.
By placing your order through the Site, you authorize the Resale Platform to charge your method of payment for the total amount, which includes the ticket price, service and delivery fees and any applicable taxes. The Resale Platform accepts Visa, Mastercard, Discover, American Express and PayPal. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner, including by seeking a “chargeback,” with regard to the Resale Tickets you purchased. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, We have the right to (i) seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings; and (ii) refuse to honor pending and future ticket purchases made from your Account, all credit card accounts, and/or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site. We may also mitigate its damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
A large volume of Resale Tickets are listed on the Site and We make every effort to prevent pricing errors. On rare occasions when pricing errors occur, We shall not be liable to you. For the avoidance of doubt, if a Resale Ticket is subject to a pricing error, We may offer the Resale Tickets to you at the corrected price. If the corrected price is not acceptable to you, We will allow you to cancel your order.
Delivery of Resale Tickets.
Resale Tickets may be delivered via Instant Download, Email, UPS, or Special Delivery for the charge stated during the checkout process. Some Resale Tickets are delivered by an alternative method which will be described at the time of checkout or in a subsequent email. For Resale Tickets with no designated delivery method, they will typically be shipped by UPS. The delivery charge consists of the actual cost of delivery as well as a surcharge that supports Our safe and secure ticket delivery, whether electronic, via shipping, or otherwise. Therefore, the delivery method is not indicative of the type of Resale Ticket. Resale Tickets in all forms, including hard stock and PDF, may be shipped to you via UPS.
Delivery will occur on or before the delivery date on the Resale Ticket, regardless of delivery method. Special Delivery includes same day delivery and may include Will Call, onsite pick up at the venue, pick up from another designated location (typically within two (2) miles of the venue, if possible), or messenger service. The exact delivery location for Special Delivery orders will be designated by the Seller.
When Resale Tickets are shipped to you, it is your responsibility to confirm that the Resale Tickets delivered to you are consistent with the order you placed. You shall have forty-eight (48) hours from the time of delivery to report any inconsistencies between your order and the delivered Resale Tickets. We shall not be liable or responsible for any inconsistencies discovered after the 48-hour window has passed.
We reserve the right to change the delivery method, at our sole discretion, and may deliver Resale Tickets for any order up to the Event start time listed on the Resale Tickets. If the delivery method changes at any time prior to delivery, We will not charge you additional delivery fees. You must notify Us if you do not receive your tickets within 48 hours of the actual start time of the scheduled or rescheduled event. If you do not timely notify Us, you may not be eligible for compensation based on non-delivery of your Resale Tickets. Photo ID or other verification may be required to accept delivery.
Resale Tickets are typically delivered per this schedule unless the delivery date in the listing is a date in the future:
• Instant Download – Within a few minutes of placing the order.
• E-tickets – Within a few minutes of placing your order.
• Shipped – Arrive in 1-3 business days from placing the order.
• Special Delivery – at least one (1) hour before the scheduled event.
Resale Ticket Holder Behavior Policy.
Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the Event. Failure to follow such rules and policies may lead to consequences against you or the Seller or original Resale Ticket holder. If you or another person using the Resale Ticket you purchased from Us fail to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the Event or you miss part of the Event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund or any other compensation. Further, should any violation result in the loss of the Resale Ticket Seller's season ticket rights or right to use any other Resale Tickets at that venue, or the right to purchase other Resale Tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
All Sales for Resale Tickets are Final.
No compensation will be given for any reason other than cancellation of the event or failure to timely deliver valid Resale Tickets. This policy is necessary because of the nature of our status as an Event aggregator. When a purchase is confirmed, the Seller removes the associated Resale Ticket’s from the Seller’s inventory. The pricing in the market also changes frequently and just as the Seller is not permitted to decline to confirm an order in anticipation of the market going up, you are not permitted to return Resale Tickets or cancel an order due to the market price going down.
If We fail to deliver any Resale Ticket contracted for on time for the Event at the time that it actually occurs, then our sole obligation or liability shall be limited to compensating the buyer for any orders/payments made to Us under this Agreement. We reserve the right to cancel and refund your order at any time for any reason.
Cancelled and Postponed Events.
For canceled events, We will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in its sole discretion (this may vary by jurisdiction). To qualify for compensation, you must return your Resale Tickets to Us within 2 weeks of notice from Us that the event is deemed “Cancelled.” No refunds or other compensation will be given without the original Resale Tickets, unless otherwise determined by Us, in our sole discretion. We will determine when an Event is canceled based upon the best information available. Postponed or rescheduled Events will not be refunded or otherwise compensated.
Event date, times, venue and subject matter may change. We are not always notified if a show is postponed, rescheduled or canceled. It is your responsibility to monitor the Event and to confirm any changes to the Event with the event producer. In certain instances, a venue, promoter, or any entity putting on the Event will require ticket holders to relocate their seats or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation to you.
If, for reasons of maintaining social distancing or other safety reasons related to the COVID19 pandemic, the event producer putting on the Event has announced a seating or attendee capacity reduction of greater than 15%, We, at our sole option, reserve the right to cancel your Resale Tickets for seating locations eliminated by the venue or to deem such Event cancelled in its entirety. In the event that We deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such Event will be cancelled; and (ii) the Event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose Resale Tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
Denial of Admission.
If you have difficulty gaining admission to an Event, contact Us immediately by calling 866.848.8499. If the issue you are experiencing is not resolved and you are denied admission, you must obtain proof from the venue verifying that you were denied entry and send that to the Resale Platform along with a statement describing the specific circumstances and the Resale Platform will provide you with a form to complete.
Upon receipt of the evidence and form, We will conduct an investigation. During that investigation, We will review the proof you submit and contact the Weller. Other than any denial of entry caused by health or capacity concerns relating to the COVID19 pandemic, in the event that We determine that you were indeed denied entry, at no fault of your own, you will receive a full refund of the cost of the Resale Ticket including all fees and shipping charges, as the sole remedy. If the investigation results in a finding that you either did not attempt to use your Resale Tickets, you were granted entry, or your claim that you were denied entry has been found to be false, you will not be refunded and you may be subject to the consequences described below.
When attending an event, you may be required by the venue or event organizer or such party’s agent to sign a waiver or other legal document in order to gain access to the venue. By purchasing Resale Tickets from Us, you understand that you may be denied entry if you do not sign such waiver and such denial of entry will not be our responsibility.
Due to the uncertainty related to the COVID-19 pandemic, your Resale Tickets and admission to the Event are subject to all venue and event producer safety and health policies, which could include, but are not limited to, health screening or vaccination requirement. You acknowledge that due to the evolving nature of the pandemic, the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the Event date. By purchasing Resale Tickets, you acknowledge and agree that you will comply with such policies and your attendance at the Event is conditioned on such compliance. If your admission to the Event is denied or revoked because (i) you have willfully failed or refused to comply with any such safety and health policies of the venue and event producer, or (ii) if you have failed any health screenings or lack the vaccination status required by the venue and event producer, you will not be eligible for any compensation from Us.
Lost, Stolen, or Damaged Resale Tickets.
Please keep your Resale Tickets in a safe place. We are not responsible for lost, stolen, damaged or destroyed Resale Tickets and will not provide compensation for your order if you cannot locate your Resale Tickets once they are delivered to you. As stated above, the Site is an aggregator and not associated with any venue so We do not generate the Resale Tickets and cannot reissue replacements. Please note that direct sunlight or heat can damage certain types of Resale Tickets.
We may, at your request, ask the Seller to re-issue your Resale Tickets. If you would like us to submit this request, the payment method on file will be charged 15% of the order total for the re-issuance of your Resale Tickets (maximum of $200). If a re-issue is not possible, you will be refunded the re-issue fee.
Resale Ticket Disclaimer
Neither NIGHTOUT nor the Resale Platform is the official box office, or affiliated in any way with any venue, promoter, team, league or organizing group of any event for which tickets may be sold on the Site. Neither NIGHTOUT nor Resale Platform is associated with any official organizer of the Events for which Resale Tickets are listed. Rather, the Site is an independent aggregator for the sale of Resale Tickets on the secondary market and Resale Platform is the platform and service provider related to Resale Ticket and secondary sales.
Copyright and Trademarks.
Everything located on or in this Site, including the Affiliate, is the exclusive property of NIGHTOUT or the Resale Platform or is used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF NIGHT OUT INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site and any Affiliate contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. NIGHTOUT owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of NIGHTOUT or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Affiliate otherwise owned or operated in conjunction with NIGHTOUT shall not be deemed to be in the public domain but rather the exclusive property of NIGHTOUT, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of NIGHTOUT unless otherwise stated.
User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NIGHTOUT does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Affiliate, User warrants that the owner of such material has expressly granted NIGHTOUT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that User’s personal use. User hereby grants NIGHTOUT the rights to edit, copy, publish and distribute any material made available on this Site or any Affiliate by User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of NIGHTOUT, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors (including the Resale Platform) and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER NIGHT OUT INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (INCLUDING THE RESALE PLATFORM), OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIGHT OUT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
IN NO EVENT SHALL NIGHTOUT OR THE RESALE PLATFORM, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL NIGHTOUT’S LIABILITY IN CONNECTION WITH A TICKET THE AMOUNTS PAID FOR SUCH TICKET, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
NIGHTOUT shall have the right, but not the obligation, to monitor and edit the content of the Site and any Affiliate at all times. Without limiting the foregoing, NIGHTOUT shall have the right, but not the obligation, to edit or remove any material that NIGHTOUT, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
By posting communications on or through this Site or any Affiliate, User shall be deemed to have granted to NIGHTOUT a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.
User agrees to defend, indemnify and hold harmless the Resale Platform, NIGHTOUT, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any Primary Tickets, Resale Tickets or other products or services purchased by User in connection with the Site, the Resale Partner or any Affiliate.
User is solely responsible for interactions with Partners and other users of the Site or Affiliates. To the extent permitted under applicable laws, User hereby releases NIGHTOUT from any and all claims or liability related to any product or service of a, any action or in-action by Partner, including Partner’s failure to comply with applicable law and/or failure to abide by their terms, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
NIGHTOUT may terminate this Agreement at any time. Without limiting the foregoing, NIGHTOUT shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which NIGHTOUT, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
NIGHTOUT is primarily a distributor (and not a publisher) of content supplied by third parties. Accordingly, NIGHTOUT has very little if any editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Partners, the Resale Platform, or any other end users are those of the respective author(s) or distributor(s) and not of NIGHTOUT.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with NIGHTOUT. NIGHTOUT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Site by anyone other than authorized NIGHTOUT employee spokespersons while acting in official capacities. Under no circumstances will NIGHTOUT be liable for any loss or damage caused by a User’s reliance on information obtained through NIGHTOUT It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through NIGHTOUT.
Third Party Content found on Site is subject to change without NIGHTOUT’s knowledge. NIGHTOUT is not responsible for inaccurate content as it may be at the discretion of such Third Parties. In the event content is incorrect or out of date NIGHTOUT is not held liable for any loss or damage caused by inaccurate content.
The Site may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by NIGHTOUT of the contents on such third-party sites, and NIGHTOUT hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with NIGHTOUT expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. NIGHTOUT reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for NIGHTOUT established by NIGHTOUT, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against NIGHTOUT arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Tickets shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for User), or at such other location as may be mutually agreed upon by User and NIGHTOUT (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the User’s and/or NIGHTOUT’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, NIGHTOUT will pay as much of the User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor NIGHTOUT shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Users may visit the AAA website at http://www.adr.org.
No agency, partnership, joint venture or other relationship is intended or created by your use of the site.
The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.