PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT") CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DISCOTECH INC ("Discotech"). By accessing, browsing and/or otherwise using www.discotech.me (“Site”) or Discotech Mobile App ("App”), you represent and warrant that you are over the age of eighteen; and have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, do not access, browse and/or use this Site/App. This Site/App and the elements that constitute it are protected by United States and international laws, including, but not limited to, copyright, trademark, trade dress, moral rights, and other laws relating to the protection of intellectual property.
If you are using the Site/App on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify Discotech for violations of this Agreement.
These terms and conditions apply to your access to and use of the Site/App and do not alter in any way the terms and conditions of any other agreement you may have with Discotech, unless otherwise directed by Discotech. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site/App. A breach of this Agreement may subject you to civil and criminal liability, including monetary damages.
You agree to the following:
Our site includes interactive areas ("Interactive Areas") in which you or other users may post, link, store or otherwise make available certain information, text and/or other materials ("User Content"). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site/App any of the following:
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you post or store on our Site/App, at your sole cost and expense.
We do not own the User Content you post to our Site/App, but in posting User Content to our site, you grant us a nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with our Site/App.
We provide third party content on our site and provide links to sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warrantees of any kind regarding the Third Party Content or it’s accuracy.
Discotech provides guestlist reservations for certain events. In order to utilize the guestlist reservations, you must provide your accurate name to us so the nightclub's staff can verify your ID to access the nightclub. Every nightclub has different admission policies--including but not limited to--dress code, gender ratio, as well as guest list closing time. Signing up for a guestlist via Discotech DOES NOT ensure the user access the nightclub. Nightclubs reserve the right to decline admission for failure to comply with the nightclub's admission policies, or if the club is at capacity. Guest lists are owned and operated by each individual nightlife venue, Discotech is not responsible for the terms and service of the venue's guest list. It remains within the discretion of each individual nightlife venue of whether you are allowed entry into the venue and Discotech is not involved with that decision.
Discotech provides table reservations for certain events. In order to utilize the table reservations, you must provide an accurate name for the nightclub to verify. Reserving a table via Discotech DOES NOT guarantee the table booking. Pricing and availability as shown on the app are NOT guaranteed. All table reservations must be approved by the venue. The nightclub reserves the right to deny entry for various reasons, including dress code, gender ratio, overcapacity, late arrival, etc. Users have the ability to cancel reservations via the App up until 8 PM the night of the booking or until 10 AM for day club bookings. If you have booked a table but are no longer coming please cancel the booking. No shows will result in table booking functionality being removed from your account. You must be 21 years of age or older to reserve a table / book bottle service at any venue.
Discotech sells tickets through partnerships with third party ticket sellers (Ticketfly, Wantickets, Eventbrite, Electrostub, etc). Discotech is not responsible for event cancellations, refunds, redemption issues, etc. If you have issues with your ticket, please contact the appropriate ticket seller.
You are granted a right to create a text hyperlink to our site for noncommercial purposes, provided such link does not portray us or our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use, frame or utilize framing techniques to enclose any Discotech trademark, logo or other proprietary information, including the images found at our site, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from our site or sites linking to our site.
We may run advertisements and promotions from third parties on our app or may otherwise provide information about or links to third-party products or services on our app. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Discotech advertisers or third party information on our site.
Unless otherwise indicated on our Site/App, our Site/App and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Materials") are our proprietary property or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use our Site/App and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these site terms and does not include: (i) any resale or commercial use of the Site/App or the Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these site terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these site terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these site terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: -- your use of our site, the Site Materials, the Interactive Areas and/or our services; -- your conduct; -- your violation of these site terms or your violation of the rights of any third party; or -- any User Content.
Unless otherwise expressly set forth in writing, our app and site, the site materials, the third party content, the user content, any hyperlinks, our services and any other services and/or content included on or otherwise made available to you through our site (collectively, “Discotech Content/Services”), are provided to you on an as is or as available basis without any representations or warranties or conditions of any kind. We do not warrant that any Discotech Content/Services are free of viruses or any other harmful components. We make no representations or warranties with respect to the availability, reliability, or security of any Discotech Content/Services. Unless otherwise expressly set forth in writing, we disclaim any and all other warranties to all Discotech Content/Services whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise including: -- any and all warranties of merchanability -- any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); and -- any and all warranties of non infringement or condition of title.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DISCOTECH. In the unlikely event that Discotech has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Discotech claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Los Angeles County, California, unless you and Discotech agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Discotech from seeking injunctive or other equitable relief from the courts as necessary to protect any of Discotech’s proprietary interests. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted and such waiver will not waive or affect any other portion of this arbitration agreement. Notwithstanding the foregoing, either you or Discotech may bring an individual action in small claims court. This arbitration agreement will survive the termination of your relationship with Discotech. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, AND PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND DISCOTECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
In no event will we be liable to you or any third party for loss of revenue, loss of profits, or any special indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Discotech Content/Services, your conduct or the conduct of any other users (including, but not limited to, bodily injury, emotional distress, any other damages resulting from communications with others users and/or damages caused by or resulting from reliance by user on any information obtained from us, via our site or that results from mistakes, omissions, interruptions, defects, viruses, delays in operation or unauthorized access to our services), regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. In no event will our total cumulative liability to you or any third party arising out of or in connection with the Discotech Content/Services, your conduct or the conduct of any other users including, but not limited to, bodily injury, emotional distress, any other damages resulting from communications with others users and/or damages caused by or resulting from reliance by user on any information obtained from us, via our site or that results from mistakes, omissions, interruptions, defects, viruses, delays in operation or unauthorized access to our services) exceed the aggregate of net amounts received by us from you.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to our Site/App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We have the right, without notice and in its sole discretion, to terminate your license to use our Site/App, and to block or prevent your future access to and use of our Site/App.
For further information or questions, please contact us at firstname.lastname@example.org. Accessing or using this site or any other services of Discotech, you agree to be bound all of the terms and conditions described in these site terms.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.