Terms of Use – Ticket Purchasing Service
Please read these Ticketing Terms of Use (“TTOU”) carefully because they contain important information regarding your legal rights, remedies, and obligations, which include various limitations and exclusions, along with a dispute resolution clause that governs how disputes will be resolved. Your particular purchase may be subject to additional Terms and Conditions, which you should review prior to purchase. THESE TTOU CONTAIN AN ARBITRATION AND DISPUTE RESOLUTION PROVISION THAT REQUIRES YOU AND TAO GROUP OPERATING, LLC AND ITS SUBSIDIARIES, TO RESOLVE DISPUTES (WITH CERTAIN EXCEPTIONS) BY BINDING AND EXCLUSIVE ARBITRATION INSTEAD OF IN COURT OR BEFORE A JURY, UNLESS YOU CHOOSE TO TIMELY OPT OUT.
1. Acceptance of Terms
Tao Group Operating, LLC (hereinafter “TGH” or “TAO Group Hospitality”) provides ticketing services to you (the “Service”), subject to these TTOU. The TTOU contain the terms and conditions that govern your use of the service described herein. These TTOU describe your rights and responsibilities and what you can expect from TGH, and from Tao Group Operating, LLC and/or its subsidiaries (collectively, “TAO Group Hospitality” or “TGH”). If you agree to these TTOU during the ticket purchasing process, please check the box next to the “I accept and agree to the above stated Terms & Conditions” when this option is presented to you. This will constitute a binding agreement between you and TGH. If you do not agree to these terms and any other applicable Terms and Conditions, you will not be able to complete your purchase transaction. TGH reserves the right to modify these TTOU at any time in our sole discretion, which shall be effective immediately upon posting on this website. If any modification is unacceptable to you, you should not use our service. Your continued use of our service following any modification will constitute binding acceptance of the changes.
2. Privacy Policy
Payment information and personal data or information collected from you is subject to Tao Group Hospitality’s Privacy Policy, which is incorporated into this TTOU by this reference, and which can be viewed here.
3. Dispute Resolution, Arbitration Agreement and Class Action Waiver
Please Read The Following Clause Carefully
It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(1) Initial Dispute Resolution. We are available by email at the address provided in these TTOU to address any concerns a user may have regarding our websites or ticket purchasing. Most concerns may be quickly resolved in this manner. For any dispute you have with TGH, its subsidiaries, parent entities and/or related entities, and/or partners and/or their managers, members, employees, agents, officers and/or directors, you agree to first contact us and attempt to resolve the dispute with us informally and directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “Initial Dispute Resolution” above, then any party may initiate binding arbitration.
All claims arising out of or relating to these TTOU and/or your use of the Service, or our websites shall be finally settled by binding arbitration administered on a confidential basis by JAMS in accordance with the provisions of the JAMS Comprehensive Arbitration Rules, excluding any rules or procedures governing or permitting class actions. JAMS Mass Arbitration Procedures and Guidelines will apply. The arbitration will be conducted by one neutral arbitrator who will be mutually selected by the parties. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these TTOU, including, but not limited to, any claim that all or any part of these TTOU is void or voidable. The parties will be allowed discovery of non-privileged information that is relevant to the dispute. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award will consist of a written statement stating the disposition of each claim, and will also contain a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (“FAA”) governs this agreement to arbitrate in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the parties’ arbitration agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect.
JAMS’ RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT HTTPS://WWW.JAMSADR.COM/RULES-COMPREHSNIVE-ARBITRATION/ OR BY CALLING JAMS AT 800-352-5267. JAMS’ MASS ARBITRATION PROCEDURES AND GUIDELINES MAY BE ACCESSED AT HTTPS://WWW.JAMSADR.COM/MASS-ARBITRATION-PROCEDURES OR BY CALLING 800-352-5267.
YOU WILL NOT BE REQUIRED TO PAY A FILING FEE THAT IS GREATER THAN $250 (OR THE MAXIMUM AMOUNT PERMITTED BY JAMS FOR CLAIMS FILED BY CONSUMERS, SHOULD THAT AMOUNT CHANGE) – WE WILL PAY THE ADDITIONAL COST. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(3) Venue and Choice of Substantive Law. The arbitrator will decide the substance of all claims in accordance with the laws of New York, subject to conflict of law principles. Arbitration will be held in New York, NY, unless the parties mutually agree, in writing, to conduct the arbitration elsewhere.
(4) CLASS ACTION AND CLASS ARBITRATION WAIVER.
YOU AND TGH EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN YOUR RESPECTIVE INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND TGH EACH EXPRESSLY WAIVE YOUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
(5) Exception – Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(6) Exception – Public Injunctive Relief. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek public injunctive relief in a court of law. “Public injunctive relief” means relief that by and large benefits the general public, and that benefits the claimant, if at all, only incidentally or as a member of the general public.
(7) Opting out: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate and/or the Class Action Waiver, you must notify TGH in writing within thirty (30) days of the date that you first accept these TTOU. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with TGH through arbitration. Written notification should be mailed by certified mail to: Tao Group Hospitality, Attn: Legal Department, 200 Park Avenue South, Floor 7, New York, NY 10007. If you do not opt out within thirty (30) days, then you accept all terms and conditions of the arbitration and dispute resolution procedures described above.
(8) Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York City, New York (except for small claims court actions which may be brought in any court with jurisdiction over the parties and claims). The parties expressly consent to exclusive jurisdiction in the State of New York for any litigation other than small claims court actions.
4. Use of the Service
Use of this Service is void where prohibited. For events in which you must be twenty-one (21) years old or older to enter, you must be at least twenty-one (21) years old to use this Service. For events in which there is no age restriction to enter, you must be at least eighteen (18) years old to use this Service. You must comply with all of the TTOU, all applicable laws, rules, and regulations whenever you use this Service.
5. Ticket Purchase
We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes or fees. You may only use credit or debit cards, or gift cards where applicable, that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on this website. You may be limited to a certain number of tickets when purchasing tickets from TGH as such limit may be set by TGH, in its sole discretion. You agree that TGH may block your access to or cancel your ticket order in the event that TGH, in its sole discretion and without prior notification to you, finds that such order: (i) is associated with any ticket broker or scalper, (ii) utilizes automated means to process or place ticket orders, (iii) exceeds the stated ticket limit, (iv) is purchased for purposes other than to attend the event, or (v) has violated the terms of these TTOU. TGH will refund the total face value of the tickets you purchased to the credit or debit card you used to purchase such cancelled tickets.
TGH reserves the right to modify its ticket prices from time to time. Notwithstanding the foregoing, if the amount you pay for a ticket is incorrect, regardless of whether because of an error in a price posted by TGH, or TGH or otherwise communicated to you, or you are able to order a ticket before its scheduled sale or presale date, or you are able to order a ticket that should not have been released for sale, then TGH has the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid.
TGH reserves the right, in its sole discretion, to refuse to transact with you if fraudulent use of your credit or debit cards is suspected. TGH reserves the right, in its sole discretion, to refuse to transact with you if you reside in any country where fraudulent use of credit or debit cards is considered to be an excessive risk. You agree that you will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
6. Warning Regarding Nightclubs and Dayclubs
You acknowledge that all or designated areas of any nightclub or dayclub venue (each a “Venue”) may be subject to amplified music and sound levels, as well as strobe, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, and laser projections. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by amplified sound levels or these special effects shall consider this warning before entering the Venue, as these may cause or induce seizures, hearing problems and other health conditions. By entering the Venue, you agree to assume any and all risks, whether expressly set forth herein, as well as any other risks and dangers incidental or in any way relating to your presence in the Venue, including risks that are not foreseeable, such as any and all risks arising from or relating to the acts or omissions of others (including artists or Venue attendees). You assume all risks of personal injuries relating to your presence in the Venue, whether such injuries occur during or subsequent to your attendance at the Venue.
7. Check-In Policy and Age Restriction
Ticket holders must arrive before 12:30 AM.
For entry, all guests must be 21+ years old and present valid, original photo identification. The following forms of original photo identification are accepted:
· Valid driver’s license from any state in the United States
· Valid identification issued by the New York Department of Motor Vehicles (non-driver IR card)
· Valid United States military identification
· Valid passport or visa from the United States government or any other country.
8. Purchase Confirmation
You agree that if you do not receive a confirmation e-mail containing your electronic ticket after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with customer service whether or not your order has been placed. TAO Group Hospitality will not be responsible for losses (monetary or otherwise) if you believe that an order was or was not placed because you failed to receive confirmation. For support please submit a support request to: [email protected]
9. Entry to Event
You agree that each ticket you purchase is a license to attend a specific event and is subject to any additional terms printed on that ticket or otherwise provided by TGH or the Venue. You agree that you will not attempt to evade, avoid, or circumvent those additional terms in any manner with regard to any ticket purchased by you. TGH and its agents, affiliates, and authorized representatives reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct TGH or its agents, affiliates, or authorized representatives deem disorderly, who uses vulgar or abusive language or who fails to comply with TGH rules. Breach of terms or rules will terminate your license to attend the event without refund. TGH and its agents, affiliates, and authorized representatives reserve the right to refuse admission for any other reason by issuing a refund to you for the ticket’s face value paid. A ticket is not redeemable for cash.
To gain entry to an event, you must consent to a search of you and your belongings and waive any related claims that may arise. If you elect not to give consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain Venue rules, you agree that certain items may not be brought into the Venue, including without limitation, firearms, weapons, alcohol, drugs, controlled substances, cameras, recording devices, bags, backpacks, and containers. You agree that an object considered to be a weapon will be confiscated prior to entry.
TGH reserves the right to change event dates, times, venues and subject matter, which are listed on the ticket.
10. Refunds and Exchanges
You agree to carefully examine your order prior to completing the purchase transaction. Unless otherwise stated in these TTOU, all sales are final and non-refundable. You acknowledge and agree that TGH is not obligated to issue to you any refunds or exchanges, including for lost, stolen, damaged, destroyed, or invalidated tickets. Without limiting the generality of the foregoing, you agree not to dispute or otherwise seek a “chargeback” from the credit card company you used to make your purchase from TGH. Should you do so, you agree that your purchase may be cancelled, and TGH may, in its sole discretion, refuse to honor pending and future purchases made from the credit card account on which such chargeback has been made, and may prohibit all persons in whose name the credit card account exists from using the Service.
If TGH issues you a refund, it will issue a refund of the face value paid. In no event will any other fees or amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to make the purchase. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
11. Cancelled Events and Postponed Events
TGH reserves the right to cancel or postpone an event. Cancelled and/or postponed events may, at TGH’s sole discretion, be rescheduled within twelve (12) months of the date of the original event, or a refund or ticket exchange may be offered. In order to receive a refund or an exchange that may be offered, you agree to comply with TGH’s terms, conditions, instructions and/or deadlines. You agree that TGH will not be liable to you or any other person for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
12. Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to TGH to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
13. Re-Sale of Tickets; Commercial Purposes
You agree that unlawful resale of TGH tickets is grounds for seizure and cancellation without refund. You agree that a ticket shall not be used for commercial purposes, including, but not limited to advertising, promotions, contests or sweepstakes, unless TGH gives prior written authorization of such use.
14. Intellectual Property Rights
You acknowledge and agree that this Service and any necessary software used in connection with it (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that TGH, any third party Software provider and/or their respective affiliates own their respective intellectual property rights to any and all protectable components of the Software and Service, including but not limited to the name, logo and/or slogans of the Service (trade names, trademarks, service marks), artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, sell, resell, modify, adapt, reproduce, distribute, reverse engineer, decompile, exploit, make derivatives, dissemble any aspect of the Service, or engage in similar activities.
15. Representations and Warranties
You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature is true and correct. You agree that you will only use credit cards belonging to you to make a purchase. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or make a purchase with the Service.
16. Indemnification
You agree to indemnify and hold TGH, Tao Group Operating LLC, and each of their respective subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of this Service, your connection to the Service, your breach or violation of the TTOU, your violation of any rights of another, or your conduct at the event.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TGH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
TGH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TGH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TTOU.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATED TO, OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
19. General Information
This TTOU and any applicable additional terms and conditions, each as amended from time to time, constitute the entire understanding between the parties in relation to the subject matter and supersede all prior discussions, agreements and representations, whether oral or written and whether or not executed by you or TGH. No modification, amendment or other change may be made to this TTOU by you unless reduced to writing and executed by an authorized representative of TGH. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign this TTOU or any rights or obligations of yours under this TTOU, in whole or in part, without the express written consent of TGH. TGH may freely assign this TTOU. The TTOU and the relationship between you and TGH shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of TGH to exercise or enforce any right or provision of the TTOU shall not constitute a waiver of such right or provision. If any provision of the TTOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TTOU remain in full force and effect. The section titles in the TTOU are for convenience only and have no legal or contractual effect.
Tao Group Hospitality
200 Park Avenue South, Floor 7
New York City, NY 10003
212-776-9220
Support: [email protected]
Last updated: November 5, 2024
