Nominee Terms of
Use
Version 1.0
Last revised on:
March 28, 2022
These Nominee Terms and
Policies (the “Nominee Terms and Policies”) were last updated on: March 28, 2022. When we
say “Company”, “our”, “us”, “we” or “Nominee” in these Nominee Terms and
Policies, we mean Nominee Ticketing Inc. or its subsidiaries. These Nominee
Terms and Policies apply to websites, including www.nomineeapp.com (the “Site”) and
applications, including the Nominee app hosted on the Apple App Store and the
Google Play store (the “App”) operating under the Nominee brand or other brands
that we own, as well as those of our websites, applications, emails and other
communications that link to or reference these Nominee Terms and Policies, or
the other services provided through any of these means (collectively the
“Services”).
From time to time, we may
revise these Nominee Terms and Policies. You can determine when these Nominee
Terms and Policies were last revised by referring to the top of this page. Any
changes to the Nominee Terms and Policies will become effective upon posting of
the revised Nominee Terms and Policies on the Internet, accessible through the
Services, unless otherwise noted. By continuing to use Services following such
changes, you will be deemed to have agreed to such changes. If you do not agree
with the terms of these Nominee Terms and Policies, as they may be amended from
time to time, please do not purchase movie tickets through Nominee or continue
using the Services. To the extent that an arbitrator or court of applicable
jurisdiction determines that applying any changes to these Nominee Terms and
Policies would render this an illusory or unenforceable contract, such changes
shall be applicable on a prospective basis only, with respect to events or
circumstances occurring after the date of such changes.
Certain features of the Services may be
subject to additional guidelines, terms, or rules, which will be posted on the
website or app providing such features.
All such additional terms, guidelines, and rules are incorporated by
reference into these Terms.
THESE TERMS OF
USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT
GOVERN YOUR USE OF THE SERVICES. BY
ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF
YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT
YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON
BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR
ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE
PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.
THESE TERMS
REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES
AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Description of Services; Accounts
Description of Services. The
Services include, among others, the ability for you to:
a) Nominate a Movie (a
“Nomination”) to be shown at a specific time (a “Show”) at a participating
theater (a “Theater”).
b) Share the information about
the Nomination with others via text message, social media, or other means of
communication (“Sharing”).
c) Vote for a Nomination
(“Vote” or “Voting”). Voting is achieved by reserving ticket(s) for a Show, for
which Company will place a hold on your credit card for the full value of the
ticket(s).
d) Purchase tickets to a
Nomination that has Tipped.
Once a Nomination receives
the minimum number of Votes set by the Theater for a specific Show (“Tipping”),
it is booked and downloaded to the Theater. Credit card holds for Nominations
that failed to tip will be released. Credit card holds for Nominations that
successfully Tip will be processed as purchases, and ticket(s) delivered to you
within the App.
Account
Creation. In order to
use certain features of the Services, you must register for an account
(“Account”) and provide certain information about yourself as prompted by the
account registration form. You represent
and warrant that: (a) all required registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information.
You may delete your Account at any time, for any reason, by following the
instructions on the Site. Company may
suspend or terminate your Account in accordance with Section 8.
Account
Responsibilities. You are responsible
for maintaining the confidentiality of your Account login information and are
fully responsible for all activities that occur under your Account. You agree to immediately notify Company of
any unauthorized use, or suspected unauthorized use of your Account or any
other breach of security. Company cannot
and will not be liable for any loss or damage arising from your failure to
comply with the above requirements.
Refunds. Credit card holds
for Nominations that have not yet Tipped may be cancelled at any time by using
the functionality provided for this by the Services. Once a Nomination has tipped,
refunds may be requested up until 48 hours prior to the Show. Less than 48
hours prior to Show time, no refunds will be issued. It is a violation of the
Nominee Terms and Policies to vote for a Nomination and then cancel credit card
holds in order to affect the Voting tallies of any
movie or Showtime.
Terms of access to the
Theater. We do not control, and are not liable for, the terms and conditions
set by the Theater for access to the Show. Seat selection, hygiene, health and
safety protocols, age requirements for entry, and other terms and conditions of
accessing the show are solely determined and enforced by the Theater.
Movie and social media
content. We are not responsible, nor liable, for the content of any Movie
offered as part of the Services. Similarly, Company is not liable for the
content, management or provision of any social media or commenting service
provided as part of the Services, including links from the Services to Discord,
Letterboxd, Facebook, Instagram, TikTok
or any other third party site. Company’s liability for
the Services is limited as described in Sections 5 and 7 of these Nominee Terms
and Policies.
Right to manage the
Services. Company has the sole right, for any reason, at any time and with no
prior notice, to change the content, number and progress of all and any
Nominations, Votes, Tipping points, Shows and Show times, and to revoke or
modify your ability to participate in any part of the Services. Nominating a
Movie, Voting and Tipping a show do not guarantee that the Show will occur. If
any tickets to a show are purchased and a Show is subsequently cancelled or
modified, you will be offered a refund of the price paid for your ticket(s).
Access
to the Services
License. Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to use and access
the Services solely for your own personal, noncommercial use.
Certain
Restrictions. The rights granted to you
in these Terms are subject to the following restrictions: (a) you shall not
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Services, whether in whole or in part, or any content
displayed on the Services; (b) you shall not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Services; (c)
you shall not access the Services in order to build similar or competitive
Services; and (d) except as expressly stated herein, no part of the Services
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means. Unless otherwise indicated, any future
release, update, or other addition to functionality of the Services shall be
subject to these Terms. All copyright
and other proprietary notices on the Services (or on any content displayed on
the Services) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to
modify, suspend, or discontinue the Services (in whole or in part) with or
without notice to you. You agree that
Company will not be liable to you or to any third party for any modification,
suspension, or discontinuation of the Services or any part thereof.
No Support
or Maintenance. You acknowledge and
agree that Company will have no obligation to provide you with any support or
maintenance in connection with the Services.
Ownership. Excluding any User Content that you may
provide (defined below), you acknowledge that all the intellectual property
rights, including copyrights, patents, trade
marks, and trade secrets, in the Services and its content are
owned by Company or Company’s suppliers.
Neither these Terms (nor your access to the Services) transfers to you
or any third party any rights, title or interest in or
to such intellectual property rights, except for the limited access rights
expressly set forth in Section 2.1. Company and its suppliers reserve all
rights not granted in these Terms. There
are no implied licenses granted under these Terms.
User
Content. “User Content” means any and all information and content that a user submits to,
or uses with, the Services (e.g., content in the user’s profile, film
nominations, comments, Discord or other Nominee-provided or Nominee-linked
platforms). You are solely responsible
for your User Content. You assume all
risks associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of your User
Content that personally identifies you or any third party. You hereby represent and warrant that your
User Content does not violate our Acceptable Use Policy (defined in Section
3.3). You may not represent or imply to
others that your User Content is in any way provided, sponsored
or endorsed by Company. Because you
alone are responsible for your User Content, you may expose yourself to
liability if, for example, your User Content violates the Acceptable Use
Policy. Company is not obligated to
backup any User Content, and your User Content may be deleted at any time
without prior notice. You are solely
responsible for creating and maintaining your own backup copies of your User
Content if you desire.
License. You hereby grant (and you represent and
warrant that you have the right to grant) to Company an irrevocable,
nonexclusive, royalty-free and fully paid, worldwide license to reproduce,
distribute, publicly display and perform, prepare derivative works of,
incorporate into other works, and otherwise use and exploit your User Content,
and to grant sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Services.
You hereby irrevocably waive (and agree to cause to be waived) any
claims and assertions of moral rights or attribution with respect to your User
Content.
Acceptable
Use Policy. The following terms
constitute our “Acceptable Use Policy”:
You agree not to use the
Services to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right, including
any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful,
invasive of another’s privacy, vulgar, defamatory, false, intentionally
misleading, trade libelous, pornographic, obscene, patently offensive, promotes
racism, bigotry, hatred, or physical harm of any kind against any group or
individual or is otherwise objectionable; (iii) that is harmful to minors in
any way; or (iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you agree not
to: (i) upload, transmit, or distribute to or through
the Services any computer viruses, worms, or any software intended to damage or
alter a computer system or data; (ii) send through the Services unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of duplicative or unsolicited messages,
whether commercial or otherwise; (iii)
use the Services to harvest, collect, gather or assemble information or
data regarding other users, including e-mail addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks
connected to the Services, or violate the regulations, policies or procedures
of such networks; (v) attempt to gain unauthorized access to the Services (or
to other computer systems or networks connected to or used together with the
Services), whether through password mining or any other means; (vi) harass or
interfere with any other user’s use and enjoyment of the Services; (vii)
manipulate the nomination or voting process in order to ensure that a specific
movie does or does not tip, or (viii) use software or automated agents or
scripts to produce multiple accounts on the Services, or to generate automated
searches, requests, or queries to (or to strip, scrape, or mine data from) the
Services (provided, however, that we conditionally grant to the operators of
public search engines revocable permission to use spiders to copy materials
from the Services for the sole purpose of and solely to the extent necessary
for creating publicly available searchable indices of the materials, but not
caches or archives of such materials, subject to the parameters set forth in
our robots.txt file).
Enforcement. We reserve the right (but have no obligation)
to review any User Content, and to investigate and/or take appropriate action
against you in our sole discretion if you violate the Acceptable Use Policy or
any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content,
terminating your Account in accordance with Section 8, and/or reporting you to
law enforcement authorities.
Feedback. If you provide Company with any feedback or
suggestions regarding the Services (“Feedback”), you hereby assign to Company
all rights in such Feedback and agree that Company shall have the right to use
and fully exploit such Feedback and related information in any manner it deems
appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company
any information or ideas that you consider to be confidential or proprietary.
Indemnification. You agree to indemnify and
hold Company (and its officers, employees, and agents) harmless, including
costs and attorneys’ fees, from any claim or demand made by any third party due
to or arising out of (a) your use of the Services, (b) your violation of these
Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any
matter without the prior written consent of Company. Company will use reasonable efforts to notify
you of any such claim, action or proceeding upon becoming aware of it.
Third-Party
Links & Ads; Other Users
Third-Party Links &
Ads. The Services may contain links to third-party
websites, apps, products and services, and/or display
advertisements for third parties (collectively, “Third-Party Links &
Ads”). Such Third-Party Links & Ads
are not under the control of Company, and Company is not responsible for any
Third-Party Links & Ads. Company
provides access to these Third-Party Links & Ads only as a convenience to
you, and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk, and should apply a suitable level of
caution and discretion in doing so. When you click on any of the Third-Party
Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices. You should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction in
connection with such Third-Party Links & Ads.
Other Users. Each Services user is solely responsible for any and all of its own User Content. Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no
guarantees regarding the accuracy, currency, suitability, or quality of any
User Content. Your interactions with
other Services users are solely between you and such users. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute
between you and any Services user, we are under no obligation to become
involved.
Release. You hereby release and forever discharge the
Company (and our officers, employees, agents, successors, and assigns) from,
and hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature (including personal injuries, death, and
property damage), that has arisen or arises directly or indirectly out of, or
that relates directly or indirectly to, the Services (including any
interactions with, or act or omission of, other Services users or any
Third-Party Links & Ads). IF YOU ARE
A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN
CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES IS PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE
ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE. IF APPLICABLE LAW REQUIRES ANY
WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED
TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION), WILL AT ALL TIMES BE LIMITED TO THE COST OF THE MOVIE TICKET(S)
PURCHASED THROUGH THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
ENLARGE THIS LIMIT. YOU AGREE THAT OUR
SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS
AGREEMENT.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Term and Termination. Subject to this Section,
these Terms will remain in full force and effect while you use the
Services. We may suspend or terminate
your rights to use the Services (including your Account) at any time for any
reason at our sole discretion, including for any use of the Services in
violation of these Terms. Upon
termination of your rights under these Terms, your Account and right to access
and use the Services will terminate immediately. You understand that any termination of your
Account may involve deletion of your User Content associated with your Account
from our live databases. Company will
not have any liability whatsoever to you for any termination of your rights
under these Terms, including for termination of your Account or deletion of
your User Content. Even after your
rights under these Terms are terminated, the following provisions of these
Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4
through 10.
Company respects the
intellectual property of others and asks that users of our Services do the
same. In connection with our Services,
we have adopted and implemented a policy respecting copyright law that provides
for the removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our online Services who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
Please
note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material
fact (falsities) in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorney’s fees
incurred by us in connection with the written notification and allegation of
copyright infringement.
Changes. These Terms are subject to occasional
revision, and if we make any substantial changes, we may notify you by sending
you an e-mail to the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Services. You are responsible for providing us with
your most current e-mail address. In the event that the last e-mail address that you have
provided us is not valid, or for any reason is not capable of delivering to you
the notice described above, our dispatch of the e-mail containing such notice
will nonetheless constitute effective notice of the changes described in the
notice. Any changes to these Terms will
be effective upon the earlier of thirty (30) calendar days following our
dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar
days following our posting of notice of the changes on our Services. These changes will be effective immediately
for new users of our Services. Continued
use of our Services following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Dispute
Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and
affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration
Agreement. All claims and disputes
(excluding claims for injunctive or other equitable relief as set forth below)
in connection with the Terms or the use of any product or service provided by
the Company that cannot be resolved informally or in small claims court shall
be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and
the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the
Terms.
Notice Requirement and
Informal Dispute Resolution. Before
either party may seek arbitration, the party must first send to the other party
a written Notice of Dispute (“Notice”) describing the nature and basis of the
claim or dispute, and the requested relief.
A Notice to the Company should be sent to: 140
Three Mile Harbor Hog Creek Rd., East Hampton, New York 11937. After the Notice is received, you and the
Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the
claim or dispute within thirty (30) days after the Notice is received, either
party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be
disclosed to the arbitrator until after the arbitrator has determined the
amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the
American Arbitration Association (“AAA”), an established alternative dispute
resolution provider (“ADR Provider”) that offers arbitration as set forth in
this section. If AAA is not available to
arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern
all aspects of the arbitration, including but not limited to the method of
initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules
(“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a
single, neutral arbitrator. Any claims
or disputes where the total amount of the award sought is less than Ten
Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief. For claims or disputes where the total amount
of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within
100 miles of your residence, unless you reside outside of the United States,
and unless the parties agree otherwise.
If you reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any
oral hearings. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
If the arbitrator grants you an award that is greater than the last
settlement offer that the Company made to you prior to the initiation of
arbitration, the Company will pay you the greater of the award or
$2,500.00. Each party shall bear its own
costs (including attorney’s fees) and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
Additional Rules for
Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration
shall be conducted by telephone, online and/or based solely on written submissions;
the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the
arbitration action must be initiated and/or demanded within the statute of
limitations (i.e., the legal deadline for filing a claim) and within any
deadline imposed under the AAA Rules for the pertinent claim.
Authority of
Arbitrator. If arbitration is initiated,
the arbitrator will decide the rights and liabilities, if any, of you and the
Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The arbitrator
shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the AAA Rules, and the Terms. The
arbitrator shall issue a written award and statement of decision describing the
essential findings and conclusions on which the award is based, including the
calculation of any damages awarded. The
arbitrator has the same authority to award relief on an individual basis that a
judge in a court of law would have. The
award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A
JURY, instead electing that all claims and disputes shall be resolved by
arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court
and are subject to very limited review by a court. In the event any litigation should arise
between you and the Company in any state or federal court in a suit to vacate
or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL
RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a
judge.
Waiver of Class or
Consolidated Actions. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE
THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding,
including but not limited to the award of the arbitrator and compliance
therewith, shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required
by law. This paragraph shall not prevent
a party from submitting to a court of law any information necessary to enforce
this Agreement, to enforce an arbitration award, or to seek injunctive or
equitable relief.
Severability. If any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement shall
continue in full force and effect.
Right to Waive. Any or all of the
rights and limitations set forth in this Arbitration Agreement may be waived by
the party against whom the claim is asserted.
Such waiver shall not waive or affect any other portion of this
Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or
the Company may bring an individual action in small claims court.
Emergency Equitable
Relief. Notwithstanding the foregoing,
either party may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending
arbitration. A request for interim
measures shall not be deemed a waiver of any other rights or obligations under
this Arbitration Agreement.
Claims Not Subject to
Arbitration. Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act,
and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this
Arbitration Agreement.
Courts. In any circumstances where the foregoing
Arbitration Agreement permits the parties to litigate in court, the parties
hereby agree to submit to the personal jurisdiction of the courts located
within Suffolk County, New York, for such purpose
Export. The Services may be
subject to U.S. export control laws and may be subject to export or import
regulations in other countries. You agree not to export, reexport, or transfer,
directly or indirectly, any U.S. technical data acquired from Company, or any
products utilizing such data, in violation of the United States export laws or
regulations.
Disclosures. Company is located at the address in Section
10.8. If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic
Communications. The communications
between you and Company use electronic means, whether you use the Services or
send us emails, or whether Company posts notices on the Services or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were
be in a hardcopy writing. The foregoing does not affect your
non-waivable rights.
Entire Terms. These Terms
constitute the entire agreement between you and us regarding the use of the
Services. Our failure to exercise or enforce any right or provision of these
Terms shall not operate as a waiver of such right or provision. The section
titles in these Terms are for convenience only and have no legal or contractual
effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any
reason, held to be invalid or unenforceable, the other provisions of these
Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law. Your relationship to Company is that of an
independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations
herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null
and void. Company may freely assign
these Terms. The terms and conditions
set forth in these Terms shall be binding upon assignees.
Copyright/Trademark
Information. Copyright © 2022 Nominee Ticketing Inc. All rights
reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services
are our property or the property of other third parties. You are not permitted
to use these Marks without our prior written consent or the consent of such
third party which may own the Marks.
Viveca Befekadu
Address:
140
Three Mile Harbor Hog Creek Rd.
East
Hampton, New York 11937
Telephone: 9178800494
Email: viveca@nomineeapp.com