Terms & Conditions
Effective Date: June 28, 2021.
- Welcome and Introduction
Welcome to NoCap Live, Inc.! The following terms and conditions ("Agreement") is between NoCap Live, Inc. ("NoCap") and you ("User", "you", "your"). NoCap provides a platform for listing and selling tickets on behalf of companies or individuals to specific events created and administered by. Whether you are using the Services to purchase Tickets ("Buyer") or sell Tickets ("Seller"), this Agreement governs your access to and use of the Services.
Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of this Agreement on the Website. The effective date of this Agreement is located at the top of the Agreement. Your continued use of the Services constitutes your acceptance of any new or revised Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Services, including removing any Listings that you have posted.
While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
If you have any questions or want any further information regarding this Agreement, please contact email@example.com. If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
"Account" means the account set up by you to use the Services.
"Buyer User Data" means the data collected pursuant to the questions, if any, that a Seller uses in a Listing to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Services.
"Data Protection Legislation" means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following: (a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR"); (b) the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the "UK GDPR"); (c) California Consumer Privacy Act (“CCPA”); (d) California Privacy Rights Act ("CPRA"); and (e) any other applicable State, Federal, or national data privacy or protection law.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Services.
"Feedback" means feedback, comments and suggestions for improvements to the Services posted by Users.
"Force Majeure" means any cause beyond NoCap's control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, pandemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, acts or regulations of national or local governments.
"Listing" means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
"Order Confirmation" means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
"Payment Processing Method" means one of the two methods of payment processing, either NoCap Payments or Stripe Payments, when selling Tickets using the Services. The default option is set to NoCap Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
"Sale Price" means the price at which a Seller offers a Ticket for sale using the Services, which can be zero (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
"Service Charge" means the service charge payable to NoCap for the provision of the Services, which at the Seller's election may either be charged to the Seller (in which case such amount will be collected by prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of any taxes at the then-current rate.
"Stripe Payments" means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
"Third-Party Social Media Site" means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
"Ticket(s)" means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
"Transaction" means a transaction undertaken via the Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
"Transaction Value" means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in any applicable Listing.
"NoCap Account Information" means the personal data you upload when registering your Account.
"NoCap Payments" means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to NoCap who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
"Services" means all of NoCap's online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by NoCap.
"Venue" means any site, facility or location where an Event is held.
"Website" means any website run or provided by NoCap, including any software application available for download to a smartphone which contains a modified version of the Website.
The terms "including", "include", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Rules and Acceptable use
In connection with your use of the Services, you shall not:
- Breach any local, state, provincial, national, or other law or regulation, or any court order;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;
- Interfere with or damage the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Services;
- "Stalk" or harass any other User of the Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Services and this Agreement);
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- Register for more than one Account or register for an Account on behalf of an individual other than yourself;
- Recruit or otherwise solicit any Seller or other User to join third-party services or websites that are competitive to NoCap, without NoCap's prior written approval;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of NoCap;
- Use automated scripts to collect information or otherwise interact with the Services;
- Use the Services to find a Seller or Buyer and then complete the transaction independent of the Services to circumvent the obligation to pay any fees related to NoCap's provision of the Listing;
- As a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service, or activity that you do not intend to honor or satisfy;
- Use, display, mirror or frame the Services, or any individual element within the Services, NoCap's name, any NoCap trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without NoCap's express written consent;
- Access, tamper with, or use non-public areas of the Services, NoCap's computer systems, or the technical delivery systems of NoCap's providers;
- Attempt to probe, scan, or test the vulnerability of any NoCap system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by NoCap or any of NoCap's providers or any other third party (including another User) to protect the Services or any content thereon;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Reproduce or scan Tickets in a format or medium different from that provided by the Website;
- Use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
Your Account: You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NoCap reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your Account. You agree to indemnify and hold NoCap harmless from and against any claim related to content, accuracy, or currency of the information you provide through the Services.
- Listing Responsibility of Seller: By creating a Listing using the Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller's responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website and through the Services. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
- Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy.
- Service Charge Preference: The Seller shall elect, and make known to the Buyer, whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
- Listing Description: The Seller must provide all the Event information in the Listing, including:
- The location of the Event.
- The name of the Event and performer(s) (if relevant).
- The date of the Event.
- The name and address of the Venue.
- The type of Ticket (e.g. seated, standing, timed entry, etc.).
- The Sale Price of each Ticket.
- Whether or not the Service Charge is included in the Sale Price or not.
- Whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details.
- The refund policy, if any.
- Any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.).
- If applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not.
- Any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected.
- Any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer's decision about whether to purchase or apply for a Ticket or not, including any information required by law.
- Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a "trader". NoCap assumes no responsibility for a Seller's compliance with applicable laws, rules or regulations.
- Seller Warranties: The Seller represents and warrants to and for the benefit of NoCap, that any Listings that Seller creates:
- Relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing; include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
- If booked, will be honored, unless otherwise agreed with the Buyer;
- Do not infringe any third-party rights (including intellectual property rights);
- Are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
- Do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
- Do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and NoCap will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Services;
- Are not defamatory, abusive, threatening or obscene;
- Are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
- Do not attempt to solicit any Users to use a third-party service that competes with the Services;
- Do not breach any applicable law or regulation, including those associated with making charitable donations;
- Do not contain any virus or other program that interferes with or seeks to interfere with any computer system or data;
- Cannot be construed to be associated with any terrorist organizations; and
- Do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
- Taxes: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT, if applicable. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
- Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
- Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Services.
- No Guarantee by NoCap: NoCap does not guarantee that Listings made via the Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, NoCap accepts no responsibility.
- Selling Tickets; Payments
- Payment Processing Preferences: There are two Payment Processing Methods, NoCap Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences within the Services. After Seller selects a Payment Processing Method for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
- Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
- Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on "pay now" for paid for Events or "register" for free Events, the parties are contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
- Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
- Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
- The Sale Price;
- The Service Charge (if applicable); and
- Any other charges included by the Seller.
- Failed Delivery: Order Confirmations are automatically generated following the Buyer's completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
- Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and NoCap shall have no involvement.
- NoCap Payments.
- NoCap Payments: NoCap Payments is the default payment option available to Sellers.
- Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, NoCap shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. NoCap reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment is due to the Seller.
- Payment Details: Sellers are responsible for providing NoCap with accurate bank account information associated with their Account and keeping this up to date at all times.
- Account Balance: Sellers will be notified by email once funds are available for withdrawal. NoCap shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
- Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least ten (10) U.S. Dollars or its international equivalent ("Threshold Amount"). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact NoCap at firstname.lastname@example.org with such request.
- Withholding Payment: NoCap reserves the right to withhold payment to a Seller or charge back to the Seller's account any amounts otherwise due to NoCap under this Agreement, or any amounts due as a result of a breach of this Agreement, pending NoCap's reasonable investigation of such breach, in its sole discretion. NoCap reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
- Disputed Payments: If a Seller disputes any payment made or owed by NoCap, the Seller must notify NoCap in writing within 30 days of any such payment being paid or becoming due. Failure to notify NoCap within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
- Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their NoCap Account to cover the refund amount, the Seller's Account will go into the negative and NoCap shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by NoCap.
- Stripe Payments.
- Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
- Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller's Stripe account and the Service Charge shall be paid to NoCap.
- Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller. NoCap may initiate a refund request on behalf of a Buyer but is under no obligation to do so.
- Applicable Taxes: Sellers shall pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
- Chargebacks: Any credit card chargebacks or other transaction reversals initiated against NoCap or its affiliates for any reason (except to the extent they are caused solely by NoCap's negligence or willful misconduct) with respect to a Seller's Listing and all related credit card association, payment processing and other fees and expenses incurred by NoCap or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse NoCap for such amounts on demand. NoCap reserves the right to withhold at least 10% of a Seller's proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
- NoCap reserves the right to cancel a Listing, a Transaction, and a Seller's Account in its sole discretion, for any reason and at any time.
- Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. NoCap does not control or accept any responsibility or liability for any donations pledged by the Seller. NoCap does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
- Purchasing Tickets; Payment
- Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. NoCap will not rectify any issues that arise and Sellers will only do so in their sole discretion.
- Payment Information: The Buyer warrants and represents that s/he is authorized to use the selected payment method and that the billing information provided is complete, up-to-date, and accurate.
- Approval Settings: Some Listings may require the Seller's approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled, and payment will not be taken.
- Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that NoCap or a third party payment processor, acting on behalf of the Seller, may debit or authorize the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
- Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
- After-Sales Questions: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact NoCap.
- Foreign Currency: NoCap provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
- Cancellation and Refunds
- Cancellation: The cancellation and refund policy for a Ticket is at the Seller's discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price (minus any non-refundable fees such as Service Charges), if requested, 24 hours or more before the start time of the Event.
- Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon between Buyer and Seller. Service Charges, if applicable to the Buyer, are non-refundable.
- Refund via NoCap Payments: If a Seller grants a Buyer a refund and NoCap Payments has been selected by the Seller, NoCap will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
- Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and NoCap shall have no responsibility or liability for any such refunds.
- Disputes: If a Seller fails to fulfill its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, NoCap will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to NoCap within 30 days. If no confirmation of resolution is received by NoCap within 30 days, NoCap will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller's responsibility to provide proof that a Buyer was in attendance at an Event.
- Cancelling Transactions: NoCap reserves the right to cancel a Buyer's Transaction in any of the following circumstances:
- NoCap suspects any fraudulent, illegal or unethical activity relating to one or more Transactions;
- NoCap suspects any unauthorized use of a Buyer's Account or of the Services; or
- Buyer breaches the terms of this Agreement.
- Use and Collection of Data by Sellers
- NoCap Account Information: The Seller may be given access to Buyers' NoCap Account Information where necessary to fulfill purchase of Tickets. NoCap does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the NoCap Account Information. The Seller is the Data Controller (as defined in the GDPR and UK GDPR) and the business (as defined in the CCPA and CPRA) in respect of the NoCap Account Information of Buyers, from the point at which it is passed and/or made available to the Seller. Seller shall comply with Data Protection Legislation when processing NoCap Account Information of Buyers. Where NoCap Account Information of Buyers is made available, it is confidential and must only be disclosed to authorized persons using appropriate security measures. The Seller must keep Buyers' NoCap Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorized access, modification or disclosure.
- Buyer User Data: The Seller is the Data Controller/business of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of the Buyer User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorized access, modification or disclosure. NoCap has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor/service provider in relation to the same. Notwithstanding this, NoCap will take appropriate measures to protect Buyer User Data, when held within the Services, from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. NoCap will only process Buyer User Data on the instructions of the Seller.
- Prohibited Data Classes: Sellers must not use the Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, NoCap is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with Section 10 of this Agreement.
- Miscellaneous: You agree that you, your employees, or other authorized Users will:
- Never access, process, transfer, view, use, or store any Buyer User Data without express authorization, and then only for purposes directly related to fulfilling your contractual obligations under your agreement with any Buyer (“Data Secrecy”).
- Keep all Buyer User Data strictly confidential and disclose Buyer User Data only on a strict need-to-know basis to other employees or authorized users only as required for fulfilling an individual’s contractual obligations (“Confidentiality”); however, you agree that you shall not disclose or otherwise make accessible Buyer User Data under any circumstances to anyone who has not been obliged to Data Secrecy and Confidentiality.
- Ensure that your obligations of Data Secrecy and Confidentiality are observed forever, both during and after the expiration and/or termination of any agreement with us or any contractual relationship you may have with an employer or other party.
- Upon our request, to provide NoCap with satisfactory evidence that you have complied with your obligations of Data Secrecy and Confidentiality as set forth in this Agreement.
- Term and Termination
- Commencement and Term: This Agreement commences on the date that you register an Account with NoCap. Unless terminated earlier subject to the terms herein, this Agreement automatically terminates after one year of inactivity in your Account. If your Account again becomes active, such activation indicates your agreement to the terms of this Agreement.
- Termination by NoCap: NoCap may terminate this Agreement if:
- Any abusive or threatening behavior is reported to NoCap as being carried out by you or via your Account;
- NoCap suspects any unauthorized use of your Account or the Services;
- NoCap suspects any fraudulent activity or other illegal activity relating to your Account;
- You otherwise breach the terms of this Agreement;
- NoCap is ordered to do so by any legal or regulatory authority;
- You are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt, or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; or
- NoCap provides you with 30 days' written notice of termination, at NoCap's election.
- Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to email@example.com. If you are a Seller, before cancelling your Account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers, and refund the Buyers, if you are using Stripe Payments, or instruct NoCap to refund Buyers, if using NoCap Payments. Please note that if your Account is cancelled, NoCap does not have an obligation to delete or return to you any User Content you have posted to the Services.
- Consequences of Termination: Termination of this Agreement shall not affect either your or NoCap's rights and liabilities accrued prior to and including the date of termination and any terms intended expressly or by implication to survive termination.
- User License: Subject to your compliance with this Agreement, NoCap grants you a limited, non-exclusive, non-transferable, royalty-free, revocable license, to access and view content via the Services for your personal use and solely for the purposes expressly permitted by the Services and this Agreement. This license is expressly conditioned on your pre-existing agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
- User License Restrictions: You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NoCap or its licensors, except for the licenses and rights expressly granted in this Agreement.
- Trademarks: NoCap logos as well as the name and any designs found on the Website are registered trademarks of NoCap. NoCap's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, NoCap does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
- Received Materials: If you send us any comments, materials, or letters including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), those Received Materials may be deemed by us to be non-confidential and free of any claims of proprietary or personal rights. NoCap shall have no obligation of any kind with respect to such Received Materials, and NoCap will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, NoCap is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to NoCap for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you.
- Warranties; Indemnification
- True Information: You represent and warrant that the information that you submit to NoCap for your Account and in your use of the Services is true, accurate, and complete and you will not use false information, including name and email address, in using the Services.
- Legal Compliance: You represent and warrant that in using the Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally-binding contracts.
- Tax Indemnity: You acknowledge that NoCap is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer or Seller). If in using the Services you are trading as a business, you shall indemnify and hold NoCap harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by NoCap that arise out of any third-party or governmental claim that involves, relates to, or concerns any local, regional, or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of NoCap.
- General Indemnity: You shall indemnify and hold NoCap and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the "Indemnified Parties") harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Services, breach of this Agreement (including any misuse of the Services) or your violation of any law or the rights of a third party. NoCap reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
- Limitation of Liability
- Event Attendance: Under no circumstances shall NoCap be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by NoCap's gross negligence. NoCap is also not liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
- Limitation of Liability: IN NO EVENT WILL NoCap OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT-OF-POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, EVEN IF NoCap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NoCap WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF NoCap's SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND THE WEBSITE IS TO STOP USING THE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND NoCap IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NoCap. NoCap's AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID NoCap IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEY FEES BE AWARDED OR RECOVERABLE. NoCap's LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEY FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID NoCap IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEY FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
- Force Majeure: NoCap is not liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
- General Disclaimer: NoCap disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Users, advertisers or sponsors on the Website, in connection with the Services or otherwise related to your use of the Website and the Services. NoCap PROVIDES THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, NoCap DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NoCap DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. NoCap is not responsible for the products, services, actions, or failure to act of any venue, performer, promoter, or other third party in connection with or referenced through the Services. Without limiting the foregoing, you may report the misconduct of Users or third-party advertisers, service or product providers referenced on or included in the Services to NoCap using our online help desk. NoCap may investigate a claim and take appropriate action, in its sole discretion.
- In addition to the general disclaimer above, you acknowledge following:
- NoCap does not routinely screen the content of any Listing or its suitability for individual Users.
- NoCap does not own or set the Sale Price of any Tickets.
- NoCap does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason.
- NoCap does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk.
- NoCap is not an event organizer or promoter.
- NoCap provides an online platform to facilitate the sale and purchase of Tickets.
- NoCap is not party to any agreement between a Buyer and Seller for the sale and purchase of Tickets using the Services. Therefore, NoCap is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller's responsibility and NoCap is unable to guarantee that Sellers will complete Transactions in every single case.
- Dispute Resolution; Governing Law
- California law governs this Agreement.
- If any dispute arises out of, or related to, this Agreement or any Transaction pursuant to this Agreement, you shall contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by NoCap as soon as possible.
- NoCap shall use reasonable efforts to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and NoCap.
- In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, the parties must attempt to settle the matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation.
- For U.S. Residents:
- Any dispute or claim relating in any way to your use of the Services, or to products or services sold or distributed by us or through us, must be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- If a claim involves the conditional license granted to you herein, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
- The arbitration agreement in this Agreement is governed by the Federal Arbitration Act (FAA), as applicable, including its procedural provisions, in all respects. This means that the FAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
- This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Agreement. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow this Agreement as a court would.
- To begin an arbitration proceeding, you must send an email requesting arbitration and describing your claim to firstname.lastname@example.org. We each agree that the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
- You waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law
- Taxes: As a User of the Services, you acknowledge that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. NoCap cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Services, including, but not limited to, sales, use, or value-added taxes. To the extent NoCap is required to collect such taxes, the applicable tax will be added to your billing account and NoCap will issue a receipt on request from a Seller as required by law.
- Waiver: If NoCap delays or fails to enforce any of the provisions of this Agreement, it does not mean that NoCap has waived the right to do so.
- Assignment: NoCap may assign its rights and obligations under this Agreement.
- Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
- Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
- No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or NoCap under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and NoCap beyond the relationship created under this Agreement.
- Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agree that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
- Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
- Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
16133 Ventura Blvd
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Capital One Terms & Conditions
Capital One Cardholder Discount applies to the Ticket price only. Excludes ticketing fee. Capital One cardholders will receive access to stream tickets, based on availability. Ticket availability is limited. You must use an eligible Capital One Visa or Mastercard credit or debit card to get the Capital One Cardholder discount. Excludes Capital One issued private label cards. There is a limit of one ticket per any one event per transaction. While supplies last. Events and appearances are subject to change. Capital One does not provide, endorse, nor guarantee any third-party product, service, information or recommendation listed above. The third parties listed are not affiliated with Capital One and are solely responsible for their products and services. All trademarks are the property of their respective owners.