DAY FOR NIGHT PURCHASE POLICY (EFFECTIVE AS OF SEPTEMBER 19, 2017)
Welcome to the Day For Night (“DFN”, “we”, “us”, “our”) 2017 Purchase Policy (this “Policy”). Please read this Policy carefully prior to purchasing any ticket to Day For Night (the “Event”) via EventBrite (the “EB Website”) or any other source. By purchasing a ticket to the Event, including, without limitation, via the EB Website, and/or attending the Event, you acknowledge and agree to be bound by the terms and conditions set forth in this Policy. If you do not agree to this Policy, please do not purchase anything, or enter into any transaction, with DFN and/or attend the Event. Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice.
TRANSACTION INFORMATION; REVOCABLE LICENSE; REFUSAL OF ADMISSION
ALL SALES ARE FINAL AND NON-TRANSFERABLE. NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. Six (6) ticket limit per customer/account/email/address/credit card. Orders exceeding the ticket limit are subject to cancellation. Orders will be reviewed for adherence to this policy. Orders placed for sole purpose of resale are subject to cancellation. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A ticket to the Event or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of DFN. A ticket to the Event is a revocable license. We reserve the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from the Event, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law or ordinance, in whole or in part, or whose conduct is deemed by us or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”).
SEARCH, EJECTION AND TERMINATION
You and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, the Event. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to the Event, or removed from the Event, without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited on the DFN FAQs or other information released by DFN. Breach of this Policy or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend the Event without refund or other compensation.
Day For Night is a RAIN OR SHINE event. However, weather or any other factor may make the Event impossible and/or unsafe to produce or complete as scheduled, in whole or in part. If the Event is canceled, postponed or rescheduled, in whole or in part, we will issue instructions shortly thereafter. A ticket to Day For Night is not for a specific artist or aspect of the Event. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of the Event are subject to change for any or no reason without notice and without grounds for refund.
As a convenience, DFN has contracted with Affirm, Inc. to offer customers the option to first reserve, then later purchase passes to the upcoming 2017 Day For Night event (the “Payment Plan”) in installments and over a fixed period of time as specified and pursuant to the Affirm terms and conditions (the “Affirm Policy”). If you choose to participate in the Payment Plan, you are entering into a contract with Affirm, Inc. and agree to be bound by the Affirm Policy. If you do not agree to the Affirm Policy, please do not participate in the Payment Plan.
By attending the Event, you hereby irrevocably grant to Big Tray of Chicken Worldwide-Industries Inc. and its members, managers, owners, parent companies, subsidiaries, partners and affiliates (collectively, the “Promoters”) and each of their respective members, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future DFN events and/or other events produced by any of the Promoters and hereby release each of the Promoters and each of their respective designees, successors, assigns and licensees from any liability with respect thereto.
DFN may collect two types of information: personally identifiable information and non-personally identifiable information.
Non-Personally Identifiable Information. For some activities, we may ask you to create a username and password and/or to provide other, non-personal information such as your age, gender, location coordinates or education level, and we may combine such information with your personally identifiable information. In addition, your web browser or client software may transmit certain geographic information or information regarding your computer or other device (capabilities, browser, IP addresses, etc.) to us. Because your non-personally identifiable information does not identify you, we reserve the right to share such information with our affiliates and other third parties for any purpose whatsoever in our sole discretion, including, without limitation, in connection with targeted and/or behavioral advertising and/or location-based applications.
The personally identifiable information you provide to us will allow us to communicate with you; to allow other users to contact you; fulfill your purchases; alert you to new products or events, features, or enhancements; and/or notify you of contests, promotions, or special events and offers. We may enhance or merge the personally identifiable information collected through the EB Website with non-personally identifiable information or data from third parties. We may also use your personally identifiable information for internal marketing, profiling, or demographic purposes, so we can adapt our products and services to better suit your needs. We do this to better understand and serve our users.
We may also disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our events or products to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this website during a specific time period or purchased a specific product through this website.
REPRESENTATIONS AND WARRANTIES
Without limiting anything set forth in this Policy, you hereby represent and warrant that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with the Event and/or activities corresponding to your transactions with DFN and/or via the EB Website; (b) you are of sufficient legal age and authority to enter into any transaction with DFN and/or via the EB Website, to attend the Event, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with DFN and/or via the EB Website; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by DFN and/or any applicable third party; (e) you have obtained any and all passports, visas, health information and/or other permission necessary in connection with your transaction with DFN and/or via the EB Website; and (f) you will not attempt to charge back your purchase with your bank or credit card company.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH THE EVENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EACH OF THE PROMOTERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. You acknowledge and agree that by purchasing a ticket to the Event and/or attending the Event and/or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at the Event; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
LOUD MUSIC AND SPECIAL EFFECTS WARNING
Attendees of the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including, without limitation, flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and/or individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the Event premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
RELEASE AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN WHOLE OR IN PART, NONE OF THE PROMOTERS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “RELEASEES”) WILL BE LIABLE FOR, AND YOU HEREBY RELEASE THE RELEASEES FROM AND AGREE NOT TO SEEK ANY CLAIM AND/OR RELIEF (INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF) INVOLVING, LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR PRODUCTS, GOODS AND/OR SERVICES OFFERED AT OR IN CONNECTION WITH THE EVENT, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF DFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO DFN FOR ANY CORRESPONDING PRODUCTS, GOODS AND/OR SERVICES.
ALL THIRD PARTIES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF DFN. THE PROMOTERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PROMOTERS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
You agree to defend, indemnify and hold harmless the Releasees from and against any and all liabilities, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with (a) your transaction with DFN and/or any of the Promoters and/or use of the EB Websites; (b) your violation or breach, or alleged violation or breach, of this Policy, including, without limitation, all representations, warranties, terms, conditions, covenants, acknowledgments and agreements herein; and/or (c) your attendance at or in connection with the Event, including, without limitation, any Removal Behavior or other actions or omissions by you.
This Policy shall be governed by and construed in accordance with the Texas state laws. Any dispute under this Policy shall be subject to the exclusive jurisdiction of the state and federal courts of Texas and, by making any transaction, including, without limitation, the purchase of any ticket to the Event, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
Nothing contained in this Policy will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights, if any, or obligations under this Policy. DFN and the Promoters may assign their rights and duties under this Policy without such assignment being considered a change to the Policy and without notice to you. The terms and conditions set forth in this Policy represent the entire understanding and agreement between you and DFN relating to the precise subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by DFN. Any waiver of any provision of these terms must be in writing signed by DFN to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.