nixter.com TERMS OF USE AGREEMENT

Please read these Terms of Use carefully, which include and hereby incorporate the Privacy Policy and Acceptable Use Policy(collectively, the "Terms"). Nixter provides a service that allows Account holders to RSVP, buy tickets and bottle service in nightclubs. These Terms govern and apply to your access and use of Nixter’s services available via Nixter’s mobile apps (Nixter for iPhone) and Nixter’s websites (www.nixter.com, www.nightlifegraph.com collectively, the "Sites"). To make these Terms easier to read, the Sites, our services and the Apps are collectively called the "Services."

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

Agreement to Terms

By accessing or using our Services, you agree that (1) you are age 18 or older, (2) you understand and agree to these Terms, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees 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, 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 an email address and password or through your account with Facebook. When creating an Account, you will be required to provide certain personal information about yourself, including your age. If you choose to register your Account using your Facebook account, we will extract certain personal information from your Facebook account, such as your name, age, email address and other personal information that your privacy settings on your Facebook account permit us to access.

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 profile may be deleted, and your Account may be 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 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 foreign 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, 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.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Nixter

Subject to your compliance with these Terms, Nixter grants you a limited, 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 Nixter App, we provide an3 easy way to access the guest list for events. When signing up, you must provide your ID name so the nightclub's staff can verify your Identification to access the nightclub and validate the guest list benefit. Every nightclub has different admission policies such as dress code or gender ratio. Having a Nixter Guest List ticket DOES NOT ensure that the user will access the nightclub. Nightclubs reserve the right of admission for failure to comply with the nightclub'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. We care about your valuable information and this is the most stringent level of security certification available.

Ticket Refunds: All tickets are final. Tickets are not refundable. If you have questions write us at hello@nixter.com

Customer Support: You can email us at hello@nixter.com or call us at (415) 315-9471

Cancelled events: If an event is cancelled without being re-scheduled we’ll refund the total cost of the tickets. If an event is re-scheduled or postponed, you may use your ticket(s) the rescheduled date.

Ticket Transfers: Tickets cannot be transferred

Admission Policies: Having a ticket purchased on Nixter does not ensure that the customer will access the venue. Nightclubs reserve the right of admission for failure to comply with the nightclub's admission policies.


Acceptable Use Policy, 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 for lawful purposes and in a manner that is consistent with our Acceptable Use Policy. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy 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;
  • 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.

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.

Limitation of Liability

NEITHER NIXTER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL 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, OR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS, 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.

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.

Questions & Contact Information

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

Last Updated April 10th, 2014