Nixter.com Terms of Use

Last updated: June 3rd, 2014

Please read these Terms of Use carefully, which include and hereby incorporate the  Privacy Policy (collectively, the "Terms"). Nixter provides a service that allows individual Account holders to RSVP to events, buy tickets to events and purchase bottle service via a mobile application (the “Nixter Mobile App”). As part of the service, Nixter enables event planners to make events available to individual Nixter users (the “Nightlifegraph Service”). These Terms govern and apply to your access and use of Nixter’s services available via the Nixter Mobile App, the Nightlifegraph Service and Nixter’s websites (www.nixter.com, www.nightlifegraph.com collectively, the "Sites"). To make these Terms easier to read, the Sites, our services (including the Nightlifegraph Service) and the Nixter App are collectively called the "Services."

This document constitutes a legally binding agreement between you and Nixter, Inc. ("Nixter" or “we”). The Service(s) are not intended for use by persons under 18 years of age.

Agreement to Terms

By accessing or using our Services, you agree that (1) you are age 18 or older and (2) you understand and agree to these Terms.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT NIXTER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Nixter with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.

Who May Use the Services

You may use the Services only if you are 18 years or older and are not prohibited from using the Services under applicable law or under any provision of these Terms. By using the Nixter Services, you represent and warrant that you are at least 18 years old.

Creating a Nixter Account

To access and use the Services, you will need to register and create an account (your "Account"). You can do this by providing your name, your email address, and your picture. You will be required to create a password. Alternatively, you can sign up for Nixter through your Facebook account. If you choose to register your Account using your Facebook account, we will receive certain information from your Facebook account, such as your name, birthday, email address, your Facebook profile picture, your gender, how many Facebook friends you have and their names, your Facebook ID and a timestamp.

It's important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.

Your Account may be deleted and/or terminated without warning, if we believe that you are under 18 years of age.

You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

Content and Content Rights

For purposes of these Terms, "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.

Content Ownership, Responsibility and Removal

Nixter does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Nixter and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Nixter a perpetual, irrevocable, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Nixter on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation.

Nixter has the right (but not the obligation) in its sole discretion to (i) monitor, alter, edit, or remove any User Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Nixter may preserve User Content and may also disclose User Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Nixter, its users and/or the public. You understand that the technical processing and transmission of the Services, including User Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Rights in Content Granted by Nixter

Subject to your compliance with these Terms, Nixter grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Guest List Access

Through the Nixter App, we provide access to the guest list for events. Others can see your last name, profile picture, and history of events you have attended on the guest list when you sign up for events (unless you hide your event history through the application’s settings). Every event organizer has different admission policies such as dress code or gender ratio. Having a Nixter Guest List ticket DOES NOT ensure that you will be able to access the event. Event organizers reserve the right to deny admission for any reason, including but not limited to, enforcement of the event organizer's admission policies.

Tickets and Refund Policy

  • Credit Card Info: We don’t collect your credit card information in our servers. We use Stripe, a PCI Level 1 Certified third party to process payments. You are bound the applicable Stripe terms of service when using Stripe.
  • Ticket Refunds: It is the responsibility of the event organizer to communicate its refund policy and to issue refunds to event attendees. All communications or disputes regarding refunds are between the event organizer and event attendee and Nixter will not be responsible or liable in any way for lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the event organizer and event attendee and Nixter will not be responsible or liable in any way for chargebacks in connection with your use of the Services. If you are an event attendee and wish to request a refund in connection with an event listed on the Services, you should contact the applicable event organizer directly.
  • Customer Support: You can email us at hello@nixter.com or call us at (415) 315-9471.
  • Ticket Transfers: Tickets cannot be transferred.
  • Admission Policies: Having a ticket purchased on Nixter does not ensure that you will be able to access the venue. Event organizers reserve the right to deny admission for any reason, including but not limited to, enforcement of the event organizer's admission policies.

Rules and Restrictions and Our Enforcement Rights

We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you'll only use the Services in accordance with applicable law and in a manner that is consistent with our Terms of Use. If you use the Services in a manner that is inconsistent with our Terms of Use we may suspend or terminate your Account.

Rules and Restrictions

As a condition of your use of the Services, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules set forth in the Services.

The Services are for your personal and noncommercial use only. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to the Services, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

You also agree not to:

  • interfere with or disrupt the Services or servers or networks connected to the Services;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Services and other goods and services being sold or provided in conjunction with such event;
  • interfere with, disrupt or circumvent any security feature of the Services;
  • use the Services to violate, whether intentionally or unintentionally, any applicable local, state, national or international law;
  • create any Account by automated means or false pretenses or use any other user's Account for any purpose, including to circumvent a suspension or ban; or;
  • disguise the origin of any access to the Services.

You further agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

This provision is not meant to be exhaustive, and Nixter reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Services.

DMCA/Copyright Policy

Nixter respects copyright law and expects its users to do the same. It is Nixter‘s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Nixter’s Copyright Policy, for further information. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

Links to Third Party Sites or Resources

The Services may include links to other apps or sites that are not operated by us, including through advertisements. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party site, you assume all risk related to such access and use.

Feedback

You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Nixter and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Nixter may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account at any time by contacting us at hello@nixter.com. When you deactivate your account, your profile and Account will not be viewable by other members of the Services. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Indemnity

You agree to defend, indemnify and hold Nixter, and its affiliates, and each of its and their respective officers, directors, agents, and employees harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' fees) resulting from any third party claim, demand, suit, proceeding or investigation (each a "Claim") due to or arising out of (i) your User Content, (ii) the events listed on the Service, (iii) your use of, contribution to or connection with the Service, (iv) your violation of the Terms of Use, and/or (v) your violation of a third party’s rights. Nixter reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT. YOU ACKNOWLEDGE THAT NIXTER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitation of Liability

NIXTER WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES (REGARDLESS OF HOW SUCH DAMAGES ARE CHARACTERIZED) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIXTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESES EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE TOTAL LIABILITY OF NIXTER OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS OR AGENTS (COLLECTIVELY, THE "NIXTER PARTIES") ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO NIXTER FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIXTER AND YOU.

NIXTER SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, NIXTER IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT SERVICE SUCH AS STRIPE), AND NIXTER HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

General Provisions

These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have between us regarding the Services. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Nixter’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Nixter may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Nixter under these Terms, including those regarding modifications to these Terms, will be given: (i) by Nixter via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Nixter failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nixter. As used in these Terms, the word "including" means "including but not limited to." Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. Any legal action arising out of or related to these Terms shall be brought in state or federal court located in San Francisco County, California and you agree to exclusive venue in such courts.

Questions & Contact Information

Please  contact us if you have any questions about our Terms.