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Time Out North America

Terms and Conditions

Last Updated: 29 November 2017

1.     Who we are and about these terms 

1.1.     Time Out Live organizes live events (“Event(s)”), tickets (“Tickets”) to which are offered for sale at www.timeout.com (“the Website”) and in some cases on Third Party sites.  Events are hosted by Time Out America LLC, a Delaware limited liability company with its principal place of business at 1540 Broadway, 42nd Floor, New York, NY 10036 (“Time Out”, “us” or “we”). In some instances, we may partner with event producers to assist us with hosting the Event(s) (“Event Producers”), or with a third-party venue provider (“Venue”).  

1.2.     These are the terms and conditions which apply to your purchase of tickets for Events, as well some of the terms and conditions which apply to your attendance at Events (“Terms”). By purchasing a ticket and/or by attending an Event, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not purchase a ticket or attend an Event. You should read these Terms carefully before purchasing your ticket. We recommend you save a copy of them for your future reference.

1.3.     You acknowledge that additional restrictions and additional terms may apply to Events and/or Venues depending on the Event for which you purchase tickets.  For Events where alcoholic beverages are available, access may be restricted to individuals over the age of 21.  You agree to consult the relevant Event description for details of any additional terms or restrictions before purchasing your ticket (“Additional Terms”). You acknowledge that these Terms and Additional Terms apply to ticket holders, whether or not the ticket holder is the purchaser of tickets for Events.

 

2.     IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TIME OUT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULY SECTION 13 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

 

3.     RELEASE AND LIMITATION OF LIABILTY, ASSUMPTION OF RISK

3.1.     You warrant and represent that you are at least 18 years old.

3.2.     YOU ACKNOWLEDGE THAT ATTENDANCE AT, OR PARTICIPATION IN, AN EVENT AND/OR ATTENDANCE AT, USE OF, OR ACCESS TO, ANY VENUE IS AT YOUR OWN RISK and THE RISK OF ANY TICKET HOLDER, MAY BE HAZARDOUS, and may involve risk of SERIOUS PERSONAL INJURY OR DEATH OR LOSS OR DAMAGE TO YOUR PERSONAL PROPERTY AND OTHER RISKS.

3.3.     NEITHER TIME OUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR RUNNING OR OPERATING EVENTS, INCLUDING VENUE, EVENT PRODUCERS, other Event service providers (including entertainers), AND ANY OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, ASSIGNEES, EMPLOYEES, VOLUNTEERS AND AGENTS (“EVENT ENTITIES”), WILL BE LIABLE FOR ANY PERSONAL INJURY, DEATH, PERSONAL PROPERTY DAMAGE OR INCIDENTAL, SPECIAL, EXEMPLARY CONSEQUENTIALOR OTHER DAMAGES, IN CONNECTION WITH ATTENDANCE AT, OR PARTICIPATION IN, AN EVENT AND/OR ATTENDANCE AT, USE OF, OR ACCESS TO, ANY VENUE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EVENT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

3.4.     BY ACCEPTING THESE TERMS AND/OR ATTENDING OR PARTICIPATING IN AN EVENT, YOU UNDERSTAND AND AGREE: (1) THAT TICKET HOLDERS voluntarily assume all risks and dangers related to or incidental to the Event for which the ticket issues, whether occurring before, during or after the Event; AND (2) THAT TICKET HOLDERS WAIVE AND RELEASE ANY CLAIMS THAT THEY MAY HAVE AGAINST, AND AGREE NOT TO SUE, ANY EVENT ENTITY IN CONNECTION WITH THEIR ATTENDANCE AT, OR PARTICIPATION IN, AN EVENT AND/OR ATTENDANCE AT, USE OF, OR ACCESS TO, ANY VENUE; AND (3) THAT TICKET HOLDERS WILL INDEMNIFY, DEFEND AND HOLD EVENT ENTITES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATED TO ATTENDANCE AT, OR PARTICIPATION IN, ANY EVENT AND FROM ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU OR CAUSED TO OTHERS OR THEIR PROPERTY BY YOU.

3.5.  IN NO EVENT WILL TIME OUT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR CONNECTION WITH YOUR ATTENDANCE AT, OR PARTICIPATION IN, AN EVENT, EXCEED THE AMOUNTS YOU HAVE PAID TO TIME OUT FOR A TICKET FOR AN EVENT, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TIME OUT (AS APPLICABLE).

3.6.  THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TIME OUT IN CONNECTION WITH THESE TERMS, YOUR PURCHASE OF A TICKET OR ATTENDANCE AT OR PARTICIPATION IN AN EVENT.

 

4.     About our Events

4.1.     You should ensure you arrive promptly for the Event. If you arrive late to the Event you may not be allowed to enter. The determinations of whether you arrived late, as well as the decision whether to allow late entrants to any Event, are within the sole discretion of Time Out, Event Producers and/or the Venue.  If you are not permitted to enter, Time Out will not refund fees or any other costs paid by you.

4.2.     Time Out and the Venue reserve the right in their discretion, to request that any person leave an Event, including for safety and security considerations. No refund of fees or any other costs will be made in these circumstances.

4.3.     You acknowledge that Time Out, Event Producers and/or Venues may impose certain measures before allowing access to an Event or Venue, including, but not limited to, searches of the Ticket holder’s person and/or x-ray scans of clothing, bags and other items. The following non-exhaustive list of items may not under any circumstance be brought into any Venue: explosive substances or materials, pyrotechnics, offensive weapons and firearms (including replica or toy firearms), projectiles and similar devices; sharp items e.g. knives (including Swiss army knives) scissors, cutlery and/or screwdrivers; spray paint; padlocks and/or chains; items that make a noise (e.g. whistles); banners, placards and/or flags; alcohol; any other items which in our opinion pose a health and safety risk to, or affect the enjoyment of, the other visitors in any way (“Prohibited Items”). You may be refused entry to the Venue, or may be ejected from it, and required to surrender any tickets you hold without refund, if you refuse searches or refuse to surrender Prohibited Items.  

4.4.     You acknowledge that the Venue, timing, speakers and other elements of any Event are subject to change without notice.

4.5.     Please ensure you take care of your personal possessions as neither Time Out, Venue, Event Producers nor other Event Entities can accept any liability for them.

4.6.     Personal arrangements including travel, accommodation or hospitality relating to an Event which have been arranged by you are at your own risk.

4.7.     You are responsible for your transport to and from the Event and other costs not specifically included in the price of the Ticket (such as drinks, snacks and meals not included in the price).

4.8.     You may not take photographs, film, sound recordings or any other recordings at Events for any trade or commercial purpose without the express written consent of Time Out and, as applicable, Event Producers, Venue or others.

4.9.     Additional restrictions on items which may be taken into an Event Venue may also apply (e.g. your own food and drink).

 

5.      Fees and Payment

5.1.     Details of the ticket price for each Event will be set out on www.timeout.com  (“the Ticket Price”). The Ticket Price shown does not include tax.  

5.2.     Ticket Prices may change at any time but price changes will not affect confirmed purchases.

5.3.     Payments for ticket purchases are processed by PayPal.

5.4.     When you purchase a ticket to an Event you are accepting these Terms in addition to any specific terms that PayPal requires that you accept to complete the purchase.  Upon receipt of confirmation of payment from PayPal that PayPal has received your payment for the Event, Time Out will issue you an e-ticket or e-ticket(s) to the Event by email to the email address you have provided.

5.5.     It is your responsibility to ensure that the email address you provide to us is valid.

5.6.     Subject to applicable law, you may not resell or transfer tickets purchased through the Website commercial gain or any commercial purpose.

 

6.     Refunds and cancellations

6.1.     Refunds of the Ticket Price may be available in certain limited circumstances in Time Out’s discretion.  Time Out will notify you of such refund via e-mail within a reasonable period of time. Time Out will endeavour to process the refund due to you as soon as possible.

6.2.     All refunds will be processed using the same method used by you to make payment for your Ticket. 

6.3.     If you do not attend an Event for which you purchased a ticket, Time Out will not refund your Ticket Price.

6.4.     Time Out may postpone or cancel any Event at any time prior to its commencement for any reason. If it does so, Time Out will refund you the Ticket Price. Time Out is not responsible for any cost or damage of any postponement or cancellation.

6.5.     Subject to applicable law, Time Out may, in its discretion, refuse to refund the Ticket Price where Time Out is forced to cancel part or all of an Event for reasons beyond its control. 

 

7.     Feedback and Complaints

7.1.     Events are designed to provide an enjoyable and high-quality experience for those attending. In the event of a complaint, comment or feedback (“Feedback”), email eventsupport.na@timeout.com.  Please provide any Feedback to Time Out within 14 days of the Event ending. We take Feedback seriously and will aim to investigate and respond to any complaints as quickly as possible.  You grant to Time Out a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

8.     Personal Information

8.1.     Time Out’s privacy policy describes how any personal information you provide to us in connection with an Event will be used. You can view our privacy policy at https://www.timeout.com/newyork/privacy-policy.  We will use the information you have provided to us to process your purchase, for the purposes of contacting you with information relating to the Events and future Events with your consent and to conduct analysis for the purposes of providing future Events.

8.2.     Filming and photography may take place at Events by Time Out and/or the Venue where the Event is held. You acknowledge that all films and photography taken by Time Out are owned by Time Out, including any copyrights therein.  You consent and acknowledge that films and photography may be taken of you at Events and you consent to your image and likeness being used by Time Out on the Website and micro-sites, applications, in all media, including but not limited to print, application, website, digital and social channels and for marketing and promotions without any payment to you.

 

9.      Links to and from other websites

9.1.     We may provide links on www.timeout.com to the websites of other companies, whether affiliated with us or not (“Third Party Websites”). Links to Third Party Websites are provided solely for your convenience. If you use these links, you leave the Time Out website. Time Out does not control, and is not responsible for any Third Party Website, its content or availability. If you decide to access any of the Third Party Websites linked to the Website, you do so entirely at your own risk.

9.2.     Time Out makes no representations regarding any information you obtain from or products you purchase from Third Party Websites and expressly disclaims any and all warranties relating to Third Party Websites, their products, services or otherwise. This disclaimer does not affect your statutory rights against the Third Party sellers or Third Party Websites.

 

10.  Intellectual Property

10.1.  The Website is the exclusive property of Time Out. Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Website without the express written permission of Time Out is strictly prohibited. Any violation of this clause may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and criminal penalties.

10.2.  The Website contains 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 Website are protected by copyright as a collective work under international copyright laws. Time Out may own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit or participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Time Out 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 can be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with Time Out shall not be deemed to be in the public domain but rather the exclusive property of Time Out, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Time Out unless otherwise stated.

 

11.  Force Majeure

11.1.  Time Out shall not be in breach of these Terms or liable for delay in performing, or failure to perform, any of the obligations set out herein if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, Time Out shall be entitled to a reasonable extension of the time for performing such obligations.

 

12.  Governing Law and Forum Choice

12.1.  These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and Time Out arbitrate will be the state and federal courts located in the Southern District of New York, and you and Time Out each waive any objection to jurisdiction and venue in such courts.

 

13.  Dispute Resolution for Consumers  

13.1.  Mandatory Arbitration of Disputes. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or attendance at an Event (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

13.2.  Exceptions and Opt-out. As limited exceptions to subsection 13.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at legal@timeout.com or by regular mail at Time Out America LLC (Attention: Events) 1540 Broadway, 42nd Floor, New York, NY 10036 within thirty (30) days following the date you first agree to these Terms.

13.3.  Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address Time Out America LLC (Attention: Events) 1540 Broadway, 42nd Floor, New York, NY 10036 and email to legal@timeout.com requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.

13.4.  Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).

13.5.  Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

13.6.  Effect of Changes on Arbitration. If Time Out changes any of the terms of this “Dispute Resolution for Consumers” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to legal@timeout.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Time Out’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Time Out in accordance with the terms of this “Dispute Resolution for Consumers” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

14.  General

14.1.  If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Time Out’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Time Out 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.

14.2.  We may update the Terms at any time, in our sole discretion. If we do so, we will inform you either by posting the updated Terms on the Website or through other communications. It’s important that you review the Terms whenever we update them. If you continue to use the Website after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then, except as otherwise provided in Section 13 “Effect of Changes on Arbitration,” you may not attend our Events. Because the Website evolves over time we may change or discontinue all or any part of it, including selling Tickets to Events or hosting Events at any time and without notice, at our sole discretion. 

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

14.4.  Waiver of Rights. Time Out’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Time Out. 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.

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