TERMS OF SERVICE
Welcome to Discotech! These Terms of Service (“Terms”) are a contract between you and Discotech Inc., a California corporation (“Discotech,” “we,” “us” or “our”) and governs your access to and use of our mobile device application (the “App”), our website located at https://www.discotech.me (the “Site”) and any other services provided by Discotech. The App, Site and related services are collectively referred to herein as the “Services.” Please read these Terms carefully before accessing and using our Services. If you do not agree to these Terms, do not access our Services.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT USING THE PROCEDURE DESCRIBED IN THE “ARBITRATION AGREEMENT” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DISCOTECH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Discotech is a platform that helps partygoers discover events at various nightlife venues (“Venue” or “Venues”). Discotech is not the owner of any Venue or creator of any of the events listed on our Services. Rather, we focus on enhancing your nightlife experience by providing a platform to help you locate events, make table reservations, purchase event tickets and sign up for guest lists. We also provide content regarding nightlife culture, venues and happenings.
By accessing and/or using our Services, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use our Services. We reserve the right to amend these Terms from time to time. You are responsible for regularly reviewing these Terms. All amendments will be effective upon the posting of such updated Terms. Your continued access to or use of our Services after such posting constitutes your consent to be bound by these Terms, as amended.
3. MOBILE DEVICE.
You are responsible for any mobile device charges due to phone service, data access and/or text messaging arising from your use of the App. You agree to follow all rules established by your mobile device platform or cellular service provider.
4. ELIGIBILITY AND ACCOUNT INFORMATION.
To ensure that we are providing a safe community for our users, we require users to meet certain eligibility requirements. By accessing our Site, you represent and warrant: (i) that you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms; (ii) you have not been suspended or removed from our Services; and (iii) that you are in compliance at all times with all applicable laws and regulations.
B. Account Information.
In order to access portions of our Services, including making table reservations or purchasing event tickets, you may need to register for an account. When you register for an account, you agree to provide us with complete, accurate and up-to-date information in your account profile. You further agree not to share or loan your account to others and to take all necessary security precautions to protect your account from unauthorized use. You assume all responsibility and liability stemming from the use of your account and assume all risks associated with any unauthorized access to your account.
5. THIRD PARTY LINKS.
We may provide links or references to other websites or online resources, but we are not responsible for and do not endorse such websites or online resources. Please independently evaluate whether these resources are good for you - your use of such resources is solely at your own risk.
6. USER CONDUCT.
Users of our Services are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to our Services.
By accessing our Services, you agree not to:
- Use the App or Site for unlawful purposes;
- Impersonate any person or entity;
- Harass, threaten, or defraud users or staff of Discotech or our vendors;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Pretend to be another person or access another user’s account;
- Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of any party while using our Services;
- Misrepresent the source, identity, or content of information transmitted via the App or Site;
- Take any action that would undermine any aspect of the App or Site;
- Transmit to the App or Site any virus or other program that may damage or impair the use of our or our users’ hardware, software or equipment;
- Take any action that would inhibit any other users’ enjoyment of the App or Site; or
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the App or Site.
7. VENUE POLICIES.
The events listed on our Services are owned and operated by our Venue partners. You understand that each Venue has different admission policies, including, but not limited to, rules regarding attire, gender ratio, guest list times and/or capacity limitations. For the best chance of admission, please refer to the information we send you in our booking confirmation. Ultimately, the Venue reserves the right to deny entry for any reason and Discotech has no involvement in that decision.
B. Guest List Access.
Discotech provides guest list reservations for certain nightlife events. If you use our Services to sign up for a guest list, you agree to provide your full legal name to us so that the Venue can verify your identity to access the nightclub. Guest lists are solely controlled by the Venue and as such, admission is in their sole discretion. Signing up for a guest list does not ensure that you will be able to access the Venue.
C. Table Reservations.
Discotech assists users with securing table reservations for certain nightlife events. If you use our Services to make a table reservation, you agree to provide your full legal name to us so that the Venue can verify your identity to access the nightclub. If you are making a table reservation, you represent and warrant that you are twenty-one (21) years of age or older. Table reservations are not guaranteed until accepted by the Venue, which is in their sole and absolute discretion. You agree to follow the Venue’s procedures for payment, including, but not limited to, pre-payment of a deposit, if necessary.
If you booked a table but can no longer attend, please cancel the booking as soon as possible. No shows will result in table booking functionality being removed from your Discotech account. In the event that you had to make a deposit or pre-pay for the table booking, you agree to the terms of the Venue’s cancellation policy, which will be provided to you on the deposit or pre-pay form.
D. Tickets Sales.
Discotech connects users to third party ticketing providers to purchase tickets for events. Since ticket sales are always done directly with the ticket provider, please refer to such ticket provider’s website for their individual cancellation and/or refund policy. If you have an issue with your ticket purchase, you agree to contact the ticket provider directly to resolve the issue.
8. INTELLECTUAL PROPERTY RIGHTS.
A. Ownership of the Intellectual Property.
The Site and App are owned and operated by Discotech. The Site and App and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, software, services, and all other elements of the App and Site provided by us (the “Materials”) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
All trademarks, service marks, and trade names are proprietary to us and you agree not to use them without our written consent. If you create anything using our trademark, you agree that we exclusively own all right, title and interest in and to such materials, including without limitation any modifications or derivative work based off of the use of our trademark. You further agree to assign any interest or right you may have in such Materials to us, and to provide information and execute any documents to formalize such assignment.
B. Site License.
Subject to your compliance with these Terms, Discotech grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial purposes.
C. App License.
Subject to your compliance with these Terms, Discotech grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install a copy of the App onto your mobile device and to enjoy the copy of the App solely for your own personal, non-commercial purposes. Except as permitted by these Terms, you may not: (i) distribute, transfer, sublicense, decompile or disassemble the App, (ii) copy, modify or create derivative works based on the App or (iii) reverse engineer or disassemble the App. Discotech reserves all rights in and to the App not expressly granted to you under these Terms.
9. APP PROVIDER.
In the event that you accessed or downloaded the App from an app store such as the Apple Store or Google Play (each, an “App Provider”), then you acknowledge to the following:
- These Terms are between you and us, and not with the App Provider;
- App Provider has no obligation to furnish any support services or maintenance in regard to the App;
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider,
and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum
extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with
respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any
failure of an App to conform to any warranty will be the sole responsibility of Discotech;
- In the event of any third party claim that the App or your possession and use of the App infringes upon
that third party’s intellectual property rights, Discotech will be solely responsible for the investigation,
defense, settlement, and discharge of any such intellectual property infringement claim to the extent
required by these Terms;
- App Provider is not responsible for any claims you have or any claims of any third party relating to the
App or your possession and use of the App;
- App Provider and its subsidiaries are third party beneficiaries of these Terms in relation to your
licensed use of the App and will have the right to enforce these Terms against you as a third party
- You agree to comply with all third party terms of service when using the App; and
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App
nor any technical data related to the App is exported or re-exported directly or indirectly in violation of
such laws and regulations. By accessing the App, you represent and warrant that (i) you are not located in a
country subject to U.S. Government embargo, (ii) that has been designated by the U.S. Government as a
“terrorist supporting” country, or (iii) you are not listed on any U.S. Government list of prohibited or
You agree to defend, indemnify and hold harmless Discotech, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any suits, actions, proceedings, claims, damages, costs, fines, deficiencies, judgments, settlements, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of, related to, attributable to or incidental to: (i) your use of our Services; (ii) your violation of these Terms; or (iii) your breach of any applicable local, state, national or other law, rule or regulation.
11. DISCLAIMER OF WARRANTIES.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. OUR SERVICES, INCLUDING THE INFORMATION AND CONTENTS, ARE PROVIDED ON AN “AS IS” BASIS. DISCOTECH DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISCOTECH MAKES NO WARRANTY OR REPRESENTATIONS THAT THE INFORMATION ON THE SITE OR APP IS ACCURATE, RELIABLE OR ERROR-FREE.
12. LIMITATION OF LIABILITY AND ASSUMPTION OF RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DISCOTECH WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS TO STOP USING THE SITE. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
DISCOTECH IS A PLATFORM CONNECTING USERS WHO WANT TO ATTEND NIGHTLIFE EVENTS TO VENUES. HOWEVER, DISCOTECH IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS AND VENUES. AS SUCH, DISCOTECH HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE DISCOTECH FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO ANY INTERACTIONS BETWEEN YOU AND A VENUE, INCLUDING, BUT NOT LIMITED TO THE VENUE (I) CANCELING THE SCHEDULED EVENT, (II) CHANGING THE PERFORMER AND/OR TALENT FEATURED AT THE EVENT, (III) DENYING YOU ENTRANCE TO AN EVENT, (IV) REFUSING TO ACCOMMODATE A TABLE RESERVATION OR TICKET SALE, OR (V) VIOLATING ANY APPLICABLE STATE, FEDERAL OR LOCAL LAW.
YOU ACKNOWLEDGE THAT CERTAIN EVENTS MAY CARRY INHERENT RISK AND BY PARTICIPATING IN SUCH AN EVENT, YOU ASSUME THOSE RISKS VOLUNTARILY. DISCOTECH IS IN NO WAY LIABLE FOR ACTIONS TAKEN BY USERS OR THIRD PARTIES AT AN EVENT, INCLUDING ANY LIABILITY STEMMING FROM THE USER’S OR A THIRD PARTY’S CONSUMPTION OF ALCOHOLIC BEVERAGES.
You acknowledge and assume all risk and liability with respect to any injuries and/or damages arising out of, caused by, or in any way connected with your use of Discotech's ticket, reservation, and booking services, directly or indirectly, whether those services are used alone or in a combination with other services. You further acknowledge that use of Discotech's ticket, reservation, and booking services will place you in public places, potentially in close proximity with groups of people who may not be following public health protocols such as social distancing or the wearing of face masks. You accordingly acknowledge and assume all risk and liability of exposure to and infection with viruses, bacteria, pandemics, and infectious illnesses or diseases that may result, directly or indirectly, from use of Discotech's ticket, reservation, and booking services. You further agree to indemnify, release, and hold Discotech harmless from any and all claims arising from, caused by, or in any way connected with, directly or indirectly, your use of Discotech's ticket, reservation, and booking services, including breach of warranty, alleged negligence, breach of contract, or otherwise. No claims of any kind whatsoever, whether based on breach of warranty, breach of contract, the alleged negligence of Discotech, or otherwise, shall be greater in amount than the price paid for use of Discotech's ticket, reservation, and booking services hereunder.
14. ACCESS FROM OUTSIDE THE UNITED STATES.
Our Services are directed to people residing in the United States. We do not represent that Materials available on or through our Services are appropriate or available in other locations. We may limit the availability of our Services to any person or geographic area at any time. If you choose to access our Services from outside the United States, you do so at your own risk.
15. ARBITRATION AGREEMENT.
PLEASE READ THE FOLLOWING CAREFULLY:
Arbitration facilitates the prompt and efficient resolution of any dispute that may arise between you and Discotech. Arbitration is a type of dispute resolution where the parties engage an arbitrator to weigh in on their dispute instead of having it settled in court by a judge or jury trial. You can opt-out of this Arbitration Agreement (as explained below) to maintain your right to litigate your disputes in court.
By entering into this Arbitration Agreement, you agree to waive your right to litigate your claims in front of a judge or jury. You understand that in arbitration, there is typically no court review of an arbitration award and the arbitrator must make a decision based off of what is written in this Arbitration Agreement.
For the purpose of this Arbitration Agreement, “Discotech” means Discotech and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Discotech regarding any aspect of your relationship with Discotech and is to be given the broadest possible meaning that will be enforced.
YOU AND DISCOTECH AGREE THAT ANY AND ALL DISPUTES, WHETHER BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
B. Exclusions From Arbitration And Your Right To Opt Out.
You have the option to bring a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. You may opt out of this Arbitration Agreement by mailing written notification to Discotech, 6477 Deep Dell Pl. Los Angeles CA 90068. Your opt-out notice must include your full name and your clear intent to opt-out of binding arbitration.
JAMS will arbitrate all Disputes in front of a single arbitrator. The arbitration will be an individual arbitration and under no circumstances will the arbitration be commenced as a class arbitration. The arbitrator will decide all issues brought by the parties. In the event this Arbitration Agreement conflicts with the arbitration rules, this Arbitration Agreement will govern. You agree that these Terms affect interstate commerce and that the Federal Arbitration Act (“FAA”) should govern the arbitrability of all Disputes.
You and Discotech agree that any Dispute must be commenced within one (1) year of the date the Dispute arose or else the claim is permanently barred. You and Discotech agree that (a) any arbitration will occur in Los Angeles County, California, (b) arbitration will be conducted confidentially by a single arbitrator and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in Los Angeles County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If applicable, you also have the option to litigate a Dispute in the small claims court in the county of your address.
E. Class Action Waiver.
YOU AND DISCOTECH AGREE THAT THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL PERSON ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF OTHER INDIVIDUALS. YOU AND DISCOTECH AGREE THAT DISPUTES CANNOT BE RESOLVED AS CLASS ACTIONS, WHETHER BY ARBITRATION, LITIGATION, OR OTHERWISE.
If any portion of this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
This Arbitration Agreement shall survive the termination of your contract with Discotech and your use of our Services.
16. GOVERNING LAW AND DISPUTE RESOLUTION.
These Terms are governed by the laws of California, without resort to its conflict of law provisions. In the event the arbitration provision above does not apply, you agree that any claim relating to these Terms will be filed only in the state and federal courts located in Los Angeles, California and you irrevocably and unconditionally consent to the jurisdiction of such courts to hear such claim.
These Terms constitute the entire agreement between us relating to your access to and use of our Services. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
19. CONTACTING DISCOTECH.
If you have any questions, comments, or concerns about these Terms of Service, please contact us at:Discotech, Inc.
6477 Deep Dell Pl.
Los Angeles, California 90068