Nights+™ Terms of Use
This Terms page was last updated on July 1, 2024.
Thank you for purchasing your public ticket(s) (the "Ticket") to a
Nights+ affiliated event! Solely for purposes of these Terms of
Use (the "Terms") and ease of reference, NightsPlus.com and XXX
white label company name and Your Nite LLC are referred to herein
as the "Company" though each shall retain its separate corporate
existence, and the term "Company" will refer to one or the other
depending on the circumstances to which it is referred. Nights+ is
the new brand name for Company events. NightsPlus.com, Your Nite
LLC, and XXX white label company name are each doing business as
Nights+. These Terms govern your use of the Service and the
ticket(s) you purchased (the "Ticket"), as well as the use of the
Ticket, including all features of the website located at
www.nightsplus.com (the "Website"), user experience, and all
content associated therewith (collectively the "Service"). When
you or the person for whom you have purchased the Ticket
eventually utilize the Ticket you/they will sign up for an event
(the "Event") and will then be bound by the Event's own set of
terms and conditions. By using, visiting, or browsing the Service,
you accept and agree to be bound by these Terms. If you do not
agree to these Terms, you should not use the Service, including
the Website, and you should not purchase the Ticket.
All Nights+ events are subject to the terms and conditions found
here.
These Terms are also a resource for you to get a deeper
understanding of how the Service works, including the kinds of
data collected, how bills are processed, and how the Company
interacts with you and other useful details about the Service. The
Company hopes you enjoy your experience.
Definitions
- The term "Event" means the Event you or the person for whom you purchased the Ticket utilizes the Ticket to attend; "Event" further includes each type of experience (painting, flower arranging, plant arranging, etc.) for which your ticket is purchased, and your attendance at any Event subjects you to these Terms of Use.
- Payment Method – The term "Payment Method" means the method of your payment for the Ticket that you indicated during your purchase of the Ticket.
- All references herein to "you" or "your" shall mean and refer to the person who purchased the Ticket, and includes any persons that eventually utilize the Ticket to attend the Event (defined in these Terms as an "Event Attendee" or "Event Attendees").
- The term "venue" shall mean the location where the Event will take place.
- The term "Website" shall mean the website: nightsplus.com (and all pages contained therein).
- The term "Ticket" shall mean a revocable license or licenses which you or a person for whom you have purchased the Ticket may utilize to attend the Event, and includes any gift Ticket purchased.
- Work(s) of Art: The term "Work of Art" or "Works of Art" shall include any painting, drawing, sketch, stencil or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Nights+ Library. The term "planting" shall include any planting or other creation at your Event, and is included in the definition of "Work of Art."
1. How the Service works
The Company is an entertainment service that will provide an
evening of instruction for your Event at the venue.
The Company reserves the right in its sole and absolute discretion
to make changes from time to time and without notice in how it
operates the Service. Any description of how the Service works
should not be considered a representation or obligation with
respect to how the Service will always work, as the Company is
constantly making adjustments to the Service and often these
adjustments are not completely captured within these Terms.
a. Availability
The availability of events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific artist/instructor at the Event may change at the Company's sole discretion. While the Company will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at the Company's sole discretion without notice to you.
b. Materials Provided
The Materials, including all paints, canvases, brushes, easels, aprons, plantings, candles, fire, and other supplies and equipment (including, but not limited to cutting instruments, drills, electric screwdrivers, cooking supplies, etc.) necessary for the Event (to be determined in the sole judgment of the Company) (collectively “Equipment”) will be provided for the Event. The quality of the Equipment and artist/instructor may vary from event to event, and venue to venue, and may be affected by a variety of factors outside of the control of the Company. You acknowledge and agree that the Equipment necessary for your event may include the use of electric tools or tools that are sharp and could injure you or Event Attendees. As a result, you agree that: (i) you will not create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, or to any other person at your Event; (ii) you will not cause any other loss or damage to any person or property at your Event; (iii) you will follow all instructions at your Event; and (iv) you will indemnify the Company for any and all loss related to the use of Equipment as set forth in these terms.
c. End Result
The Company makes no representations or warranties about the quality of any Work of Art or individual experience at the Event. Every Work of Art created by you will be unique, and the expectation that your Work of Art will be a facsimile of the Work of Art depicted on the Website is patently absurd.
d. Start Time
The Company will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and the Company makes no representation as to the exact amount of instruction time at the Event.
e. Capacity Limitations
You may not be able to attend the Event due to capacity limitations of the venue where the Event takes place. The Company recommends that you arrive at the venue at least 30 minutes prior to the start of the Event.
f. Works of Art
The Company may change which Work of Art will be instructed at the Event and may make such change without notice to you.
g. Reschedule
You may reschedule or cancel tickets up to 8 hours before the event starts. Read our reschedule policy here.
Design a Sign
For Design a Sign Events, in addition to the terms and conditions set forth herein, the following terms apply (to the extent the following terms conflict with other terms herein, the following terms shall apply):
- (i)Ticket sales for all Design a Sign Events shall close four (4) business days prior to the Design a Sign Event. Ticket sales cannot be refunded or reschedule after four (4) business days prior to the Design a Sign Event.
- (ii)Changes to the selected stencil may be made by Customer Service up to four (4) business days prior to the Design a Sign Event, but no changes may be made after four (4) business days prior to the Design a Sign Event.
- (iii)You agree not to submit or use any content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any content you submit does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. Nights+ reserves the right, but is not obligated, to reject and/or remove any content that Nights+ believes, in its sole discretion, violates any of the foregoing provisions.
Flower Workshop
For Flower Workshop Events, in addition to the terms and conditions set forth herein, the following terms apply (to the extent the following terms conflict with other terms herein, the following terms shall apply):
- (i)Ticket sales for all Flower Workshop Events shall close four (4) business days prior to the Flower Workshop Event. Ticket sales cannot be refunded after four (4) business days prior to the Flower Workshop Event without incurring a $20 penalty. Ticket sales cannot be rescheduled after four (4) business days prior to the Flower Workshop Event without incurring a $20 reschedule fee.
Candle Maker
You recognize that the use of candles involves fire, which may, if you or others are not properly handling materials, be dangerous to you and others at your Event. As a result, you agree that: (i) you will not create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, or to any other person at your Event; (ii) you will not cause any other loss or damage to any person or property at your Event; (iii) you will follow all instructions at your Event; and (iv) you will indemnify the Company for any and all loss related to such conduct as set forth in these terms. You further recognize that the use of scented candles could cause an allergic reaction to you or Event Attendees, and as a result, you agree to indemnify the Company with respect to any claims based on any allergic reaction occurring at your Event.
Cookie Decorating, Food or Body Products
You agree that the Company is not responsible in any way for any illness, sickness, or any other such injury you sustain at a cookie decorating, food creation, or body product Event. Any such claims regarding cookie decorating must be made against Cookies Uncorked LLC, which is an entirely separate entity from Company. Any other claims must be made against the maker of the food or body product used at the Event. In no case will the Company be responsible for any illness related to the consumption, ingestion, or use of any product utilized at an Event, and you agree to defend and indemnify Company in the event that any such claim is made.
h. Experience Fee
When you purchase your ticket, you may be charged for the materials used at the Event selected ("Experience Fee"). If you reschedule your Event for an Event with a lower Experience Fee than your original Event, you will not be refunded the difference between the two Experience Fees. If you reschedule your Event to an Event with a higher Experience Fee, you must pay the difference between the lower Experience Fee and the higher Experience Fee, and you have to pay the tax on that amount.
i. Local Fundraiser
Local fundraising events (a "Fundraiser") can be set up through
the Nights+ private events team. Fundraisers require an initial
deposit ("Deposit") which will either be (i) returned in the event
you sell at least 15 tickets to your Fundraiser, or (ii) returned
to you when the minimum number of tickets to your Fundraiser is
sold (meaning that if you sell less than 15 tickets to your
Fundraiser, Nights+will return the difference between that number
of tickets and the 15 ticket minimum).
Please note that neither Nights+LLC, Your Nite LLC, Nights+Canada
Company, nor Nights+ are the fiscal sponsor or fiscal agent for
you or your Fundraiser, and is in no way responsible for any
obligations of the fiscal sponsor or fiscal agent of your event.
By making the deposit for your Fundraiser, you agree that you are
exclusively responsible for paying all funds resulting from your
Fundraiser to the entity or person for which you are raising
funds.
Please note that as the Fundraiser Host, you must still buy a
ticket for yourself to the Fundraiser. The Deposit is not your
ticket to the Fundraiser.
j. Unauthorized use
Works of Art are developed by, and for, the Company. With the exception of the Work of Art you create at the Event, you may not copy or reproduce Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Works of Art or the Website are strictly prohibited.
k. Privacy policy and communication with you
Any personally identifying information submitted through the
Service is subject to the Company's Privacy Policy, the terms of
which are incorporated herein by reference.
By using the Service, you are expressly and/or impliedly
consenting to receive communications, electronic or otherwise,
from the Company notwithstanding that you signed up for a Nights+
event. For example, the Company may send you communications about
new Company features, special offers, promotional announcements
and customer surveys via email, text message, or other methods.
For Canadian customers, your express and/or implied consent begins
from the moment you utilize the Service, and lasts (a) until you
inform the Company that you no longer wish to receive such
communications or (b) two years, whichever period is shorter. If
you no longer want to receive the newsletters, other promotional
announcements or non-transactional communications, simply email
hello@nightsplus.com and ask to be removed from such future
correspondence. You may also contact the Company by regular mail
at 22 Kent Street, Somerville, MA 02143 USA. In addition, if you
are on a national do not call list, you expressly consent to
receive communications from Nights+ and you waive any claim you
otherwise may have had pursuant to the Telephone Consumer
Protection Act, 47 U.S.C. § 227, et seq.
In addition, by utilizing the Service you expressly and/or
impliedly consent to receiving electronic communications from the
Company relative to your purchase, including notices about your
purchase (e.g., change in event time or venue or Payment Method,
confirmation e-mails and other transactional information), and
information concerning or related to the Service. These
communications are part of your relationship with the Company and
you receive them as part of the Service. You agree that any
notice, agreements, disclosure or other communications that the
Company sends to you electronically will satisfy any legal
communication requirements, including, but not limited to, that
such communications be in writing.
The Company will not sell your email address to any third party.
l. Gift ticket conditions
If available, when you purchase a gift Ticket, you must select a
region (the "Region") where the gift Ticket will be used from the
following three choices: (i) "United States" (which area includes
every state except New York), (ii) "New York," and (iii) "Canada."
Once you have selected the Region, you may only utilize the gift
Ticket in that Region.
If you select "Canada" as the Region in which the gift Ticket will
be utilized, a confirmation code will be sent to you, and you must
then forward the confirmation code to the person(s) for whom you
have purchased the gift Ticket. If you select "United States" or
"New York" as the Region in which the gift Ticket may be utilized,
you may elect to receive the confirmation code directly or for the
Company to send the confirmation code to any individual you
specify, provided they are located in the United States.
Gift Tickets may only be utilized to attend the Event, and may not
be exchanged for any other item. Each gift Ticket has a maximum
value of either (a) $35 if purchased for the United States or
Canada, or (b) $45 if purchased for New York.
Gift Tickets are not refundable and have no cash value. However,
gift Tickets may be transferred within the Region you selected at
the time of purchase (it wouldn't be much of a gift if you
couldn't at least do that).
By redeeming your gift Ticket, you agree that the Company has
satisfied all of its obligations with respect to the redemption
thereof.
Gift Tickets do not expire and may be used to attend an eligible
Event notwithstanding (i) any previously stated expiration date or
(ii) your purchase or receipt of a Gift Ticket at a time when
there was a stated expiration period.
m. Promotions
Company promotions may not be combined with any other offers or
your Ticket.
You may cancel your Event with the Company at any time. However,
there are no refunds or credits for unused promotional tickets.
The Company may offer a number of special promotional tickets with
different limitations. Some of these promotional tickets are
offered by third parties in conjunction with the provision of
their own products and services. The Company is not responsible
for the products and services provided by such third parties. The
Company reserves the right to modify, terminate or otherwise amend
Company offered promotional tickets.
n. Billing
By purchasing a Ticket, you are expressly agreeing that the
Company is authorized to charge you a fee at the then current rate
for such Ticket, and any other charges you may incur in connection
with your use of the Service to the Payment Method you provided
during your Ticket purchase. Please note that prices and charges
are subject to change with notice.
As used in these Terms, "billing" shall indicate either a charge
or debit, as applicable, against your Payment Method. The Ticket
fee will be billed on the day you purchase the Ticket and not on
the day you utilize the Ticket.
You acknowledge that the amount billed for each Ticket you
purchase may vary from day to day for reasons that may include
differing amounts due to promotional offers, and you authorize the
Company to charge your Payment Method for such varying amounts.
Ticket fees and charges are fully earned upon payment. PAYMENTS
ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED
OR PARTIALLY USED TICKETS. Your Ticket never expires. At any time,
and for any reason, the Company may provide a refund, discount, or
other consideration ("credits") to some or all of the Company's
customers. The amount and form of such credits, and the decision
to provide them, are at the Company's sole and absolute
discretion. The provision of credits in one instance does not
entitle you to credits in the future for similar instances, nor
does it obligate the Company to provide credits in the future,
under any circumstance. The Company may change the fees and
charges in effect, or add new fees and charges from time to time,
but the Company will give you advance notice of these changes by
email.
The Company will bill the Ticket fee to the Payment Method you
provide to the Company during your purchase of the Ticket.
o. Right to terminate
The Company reserves the right to terminate or restrict your use
of the Service, without notice, for any or no reason whatsoever.
The Company does not warrant any of materials used in connection
with the Service, nor does the Company warrant the operation of
the Service.
p. Social media
You can connect the Company to your Facebook or other social media
accounts ("Social Media Accounts"). If you choose to connect your
account with any Social Media Accounts, you will be able to take
advantage of various social features the Company may already have
or will be creating, as part of the Service, as well as features
available on such Social Media Accounts. These features will be
designed to share information with others - the essence of social
media. For example, your friends and others who have access to
view information about you on Facebook may be able to see (on
Facebook and on the Website) that you are a Company customer as
well as what you have created, eaten or had to drink, with whom
you attended an event, and other information about your use of the
Service. You may also be able to see similar information about
your Facebook friends who are connected with the Company. In
addition, the Company may personalize and otherwise enhance your
experience based on your Facebook information, such as your basic
information, and "Likes." Please pay careful attention to your
Facebook Connect settings in "Your Account" as well as your
Privacy Settings in your Social Media Accounts, which will impact
this feature and may give you some control over the information
that is shared and with whom it is shared.
BY CONNECTING A COMPANY ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS
RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE
RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY
SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT
INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR COMPANY
ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT THE COMPANY
AT HELLO@nightsplus.com TO HAVE YOUR INFORMATION REMOVED. The
Company and social media companies are continually making changes
and improvements to this feature, and therefore the available
features and information that are shared may change from time to
time. These changes may take place without notice to you and may
not be described in these Terms.
q. Customer reviews
The Company encourages you to post reviews of events through the Service. The Company reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the Company or its personnel, misleading information regarding the origin of the content; or a discussion of Company policies or services. You understand and agree that the Company may, but is not obligated to, review the content and may delete or remove it (without notice) in the Company's sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE SUBMITTED A REVIEW, THE COMPANY MAY DISPLAY YOUR RATING OF EVENTS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW AN EVENT FEATURE.
The Review an Event feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
r. Age restriction
The following age restrictions apply to all Company Events, unless
otherwise provided herein with respect to All Ages Events.
The Service shall not be used by children. The Service is only for
adults who are of the legal drinking age (or older) in the venue
where your Event is being held. The Company is not responsible in
any manner if persons under the legal drinking age where the Event
is being held attend the Event. In the event the Company or its
licensee or an employee or agent of a licensee discovers that an
Event attendee is under the legal drinking age in the venue where
your Event is held, the Company or its licensee or agent or an
employee or agent of a licensee or agent can refuse to offer
instruction to any under age individual, regardless of whether
that individual has a Ticket to the Event. The Company has the
right to request that you present a valid form of identification
demonstrating your age, in which circumstance you agree that you
will comply with such request.
s. Venue
At the Event, you may encounter third-party services ("TPS"),
including, but not limited to food and beverage service from the
venue where your Event will take place. These TPS are provided
solely as a convenience to you, and the Company is not responsible
for and does not endorse the TPS provided by the venue where your
Event will take place. You understand that you are responsible for
all additional charges you incur at your Event, including, but not
limited to food and beverage charges.
SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT
RELATED TO, ASSOCIATED WITH OR SPONSORED BY THE COMPANY. Some of
these TPS may even use Company trademarks in connection with your
Event. The Company is not responsible for and does not endorse the
content of such TPS. You will need to make your own independent
judgment regarding your interaction with these TPS. By using such
TPS, you acknowledge and agree to the following: (i) your use of
any TPS may cause personally identifying information, such as a
photo, to be publicly disclosed and/or associated with you, even
if the Company has not provided such information, and (ii) your
use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to
indemnify and hold the Company harmless, as set forth in Section
32 hereof, for the sharing of information or the receipt of TPS
relating to your Event that results from your use of any TPS. You
further agree to indemnify and hold the Company harmless, as set
forth in Section 32 hereof, from all claims that in any way
involve or relate to the provision of TPS. If you have any
questions, concerns, complaints, or claims about a particular TPS,
you should contact the support or contact personnel of the
particular TPS provider and not the Company, unless otherwise
indicated by the Company. THE COMPANY DISCLAIMS ALL LIABILITY
ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify
the Company, as set forth in Section 32 hereof, for any and all
claims made as the result of the provision of TPS at your Event.
t. Disclaimers of warranties and limitations on liability
THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH,
ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE,
AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES
ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. THE COMPANY DOES NOT
GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE
WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES
ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED
OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR
OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT,
INCLUDING OTHER FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU.
THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS,
WORKS OF ART, AND EQUIPMENT. Without limiting the foregoing, the
Company assumes no liability or responsibility for any of the
following (except in the case of gross negligence or willful
misconduct on the part of the Company): (i) errors or omissions in
the content delivered by the Service or on the Website or user
interfaces; (ii) recommendations or advice of Customer Service;
(iii) any failure or interruption in the availability of the
Service and/or Website or user interfaces; (iv) delivery and or
display of any content contained on the Website, or otherwise
through the Service; and (v) any losses or damages arising as a
result of or related to your Event, the provision of TPS at your
Event, the consequences of the provision of TPS at your Event, or
otherwise through the Service itself, including any losses or
damages arising from the Service, Website, Equipment, your Event,
or TPS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR
WORK OF ART. In addition, the Company does not represent or
warrant that the information accessible via the Website is
accurate, complete or current. The Company does not make any
representations with respect to the content contained on events
from the Service or the descriptions of any event content
contained on the Website and user interfaces. The Company does not
represent or guarantee that your use of the Service will be free
from interruption, and the Company disclaims any liability with
respect thereto. No oral or written information or advice given by
the Company or the Company's authorized representative shall
create a warranty or otherwise constitute a representation binding
upon the Company.
IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS MANAGERS, MEMBERS,
EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS,
SUBSIDIARIES, PARENT COMPANIES, AND SUCCESSORS OR ASSIGNS BE
LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL
CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SERVICE,
AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO
CIRCUMSTANCE SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY
DAMAGES OR LOSSES ARISING FROM THE SERVICE, THE WEBSITE, AND ALL
CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH
THE SERVICE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE
FOR THE EVENT.
u. Intellectual Property
Nights+ and PLANT NITE and Nights+ are registered trademarks of
Nights+LLC and Your Nite LLC (the "Marks"). The Marks are
trademarks or service marks of the Company. The Website, including
but not limited to its graphics, logos, page headers, button
icons, scripts and service names constitute trade dress of the
Company. The trademarks, service marks and trade dress of the
Company may not be used or reproduced without prior written
approval from the Company and may not be used in connection with
any product or service that is not affiliated with the Company, in
any manner that is likely to cause confusion among customers, in
any manner that dilutes the rights of the Company, or in any
manner that disparages or discredits the Company. Other trademarks
that appear on the Website and user interfaces are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by the Company. Any images of persons
or personalities contained on the Website are not an indication or
endorsement of the Company or any particular product or our
service unless otherwise indicated.
You agree that the Company is and shall remain the sole owner of
all rights, title, and interest in and to any and all Works of
Art, and that you shall only have the limited right to utilize a
Work of Art for your Event and/or the promotion of an Event, and
for no other purpose. At the conclusion of your Event, you may
take your own Work of Art with you. You further agree that you
will not reproduce, copy, or otherwise distribute for profit the
Work of Art you created (or any reproduction thereof).
You acknowledge that you do not have, acquire or retain any rights
to any such Works of Art after the end of your Event (or after
repeat Events utilizing the same Work of Art).
You acknowledge that any photographs taken at your Event by any
instructor, assistant, agent, or licensee ("Licensee") or the
agent or employee of a Licensee, which photographs depict in any
manner the Work of Art, the set-up of your Event, the participants
or instructors or staff at your Event, you, or the equipment,
materials, supplies or marketing materials related to the Company
in any way shall become the property of the Company, may not be
reproduced or utilized except as authorized by the Company, and
that the Company is free to use all such materials at its sole and
absolute discretion, including photo-shopping and/or altering any
portions of any such photographs.
v. Entertainment and service content
The Company provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner the Company chooses in the Company's sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by the Company on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Service are those of the respective authors or producers and not of the Company, or its members, managers, directors, officers, employees, attorneys, affiliates, licensees, agents, employees or agents of licensees or agents, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall the Company, or its members, managers, directors, officers, employees, employees or agents of licensees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.
w. Use of information submitted
The Company is free to use any comments, information, ideas,
concepts, reviews, or techniques or any other material contained
in any communication you may send to the Company ("Feedback"),
including responses to questionnaires or through postings to the
Service, including the Website, without further compensation,
acknowledgement or payment to you for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products and creating, modifying or improving the
Service. The Company may also share your information with third
parties for purposes of the Company's business. Furthermore, by
posting any Feedback on the Website, submitting Feedback to the
Company, or in responding to questionnaires, you grant the Company
a perpetual, worldwide, non-exclusive, royalty-free irrevocable
license, including the right to sublicense such right, and right
to display, use, reproduce or modify the Feedback submitted in any
media of any kind now existing or developed in the future.
Please note the Company does not accept unsolicited materials or
ideas for use or publication, and is not responsible for the
similarity of any of its content in any media to materials or
ideas transmitted to the Company. Should you send any unsolicited
materials or ideas, you do so with the understanding that no
additional consideration of any sort will be provided to you, and
you are waiving any claim against the Company, its members,
managers, directors, officers, employees, attorneys, affiliates,
licensees, employees or agents of licensees, subsidiaries, parent
companies, successors, or assigns regarding the use of such
materials and ideas, even if materials or ideas are used that are
substantially similar or identical to the material or idea you
sent.
x. Service testing
From time to time, the Company tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and the Company reserves the right to include you in or exclude you from these tests without notice.
y. Customer service
If you need assistance, you may find answers and reach Customer Service at any time at hello@nightsplus.com. Also you can visit the Company's FAQ page at help.nightsplus.com where you will find the answers to many frequently asked questions.
z. Your conduct when accessing the Service
By accessing the Service, including the Website, you agree to use the Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You also agree not to interfere with the instructors, Event assistants, customers or anyone connected to any portion of the Service, or to violate any of the procedures, policies or regulations of establishments or venues connected to the Service. You also agree not to impersonate any other person while using the Service, conduct yourself in a vulgar or offensive manner while using the Service, or use the Service for any unlawful purpose.
aa. Links and pages
Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, the Company. In addition, other websites may link to the Website or the Company may include links to the websites of businesses, including those that have associations with the Company through certain programs. These pages may provide links to third parties. The Company has not reviewed these websites and you agree that the Company is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that the Company is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, their products or the contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which the Company recommends you read carefully.
bb. Promotions with ticket codes
Promotional codes may be redeemed on the Website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. A valid Payment Method will be required when you redeem the promotion code. The Company will bill your Payment Method automatically. Promotional codes may not be used in conjunction with your gift Ticket purchase.
cc. Arbitration agreement
You and the Company agree that any dispute, claim, action, or
controversy arising out of or relating in any way to the Service,
including the Website, user interfaces, these Terms, the Ticket
you purchase, and the Event shall be determined by binding
arbitration instead of in courts. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, may allow for more limited discovery
than in court, and is subject to limited review by courts.
Arbitrators may award the same damages and relief that a court can
award. You, including all Event attendees for whom or who actually
utilize the Ticket purchased by you (an "Event Attendee" or "Event
Attendees"), and the Company agree that Mass. Gen. Laws c. 251, et
seq., governs the interpretation and enforcement of this
provision, and that you, Event Attendees, and the Company are
waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of
these Terms and the conclusion of the Event.
If you or an Event Attendee elects to seek arbitration, you must
first send to the Company, by certified mail, a written notice of
such claim ("Notice"). The Notice to the Company must be addressed
to: General Counsel, Nights+LLC, 22 Kent Street, Somerville, MA
02143. The Notice must state the basis of such claim, including
all facts related to such claim, all witnesses to such claim, and
a complete statement of the damages such claim seeks, including a
description of how such damages are calculated. You and Event
Attendees agree that the failure to provide the notice referenced
in this paragraph shall result in the dismissal of any action or
arbitration proceeding you bring.
YOU, INCLUDING ALL EVENT ATTENDEES, AND THE COMPANY AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further,
unless both you, including Event Attendees, and the Company agree
otherwise, the arbitrator may not consolidate more than one
person's claims with another person's claims, and may not
otherwise preside over any form of a representative or class
proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision
shall be null and void. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief
warranted by that party's individual claim.
dd. Governing Law and Venue
The Terms and the policies and procedures set forth on the Website
and any and all disputes between you, including all Event
Attendees, and the Company shall be governed in accordance with
the laws of the Commonwealth of Massachusetts, without regard to
conflict of laws principles, and, as necessary the laws of the
United States of America.
You, including all Event Attendees, and the Company agree that any
proceeding involving any dispute, claim, action, or controversy
arising out of or in connection with your purchase of your Ticket
shall be arbitrated, as set forth in Section 21 hereof, solely and
exclusively in the Commonwealth of Massachusetts, Suffolk County,
before either (i) JAMS arbitration service, (ii) the American
Arbitration Association, or (iii) such other arbitrator as may be
agreed to by you and the Company in writing.
This Governing Law and Venue provision shall survive termination
of these Terms and the conclusion of the Event.
In the event the agreement to arbitrate set forth herein is held
to be invalid or unenforceable, which decision shall be made by
the arbitrator only, you, including all Event Attendees, and the
Company agree that any action or proceeding involving any dispute
arising out of or in connection with your Event, these Terms or
the policies and procedures set forth on the Website shall be
brought only in the Commonwealth of Massachusetts, and you,
including all Event Attendees, and the Company hereto irrevocably
consent and submit to the exclusive jurisdiction within the
Commonwealth of Massachusetts in respect of any such proceeding
before (i) the federal District Court for the District of
Massachusetts, located in Boston, Massachusetts or (ii) the
Massachusetts Superior Court, Middlesex County.
ee. Waiver of rights
The failure of the Company at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof, and the Company may at any time demand strict and complete performance of said terms, covenants and conditions.
ff. Significance of headings
Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.
gg. Severability
If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.
hh. No adverse constructio
You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or the Company on the grounds that the Company drafted these Terms.
ii. Survival
Both your and the Company's obligations in these Terms, which by their nature, have significance after the conclusion of the purchase of your Ticket and attendance at the Event, shall survive the termination or expiration of these Terms and the conclusion of the purchase of your Ticket and attendance at the Event.
jj. Authority
You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself and any Event Attendees.
kk. Further Assurances
You agree that you shall, at the request of the Company, execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these Terms.
ll. Force majeure
Neither you nor the Company shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.
mm. Electronic transactions
You agree to conduct transactions, including, but not limited to the purchase of your Ticket and the acknowledgement of these Terms and future transactions, by electronic means.
nn. Defense and indemnity
You agree to defend, indemnify, and hold the Company harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Ticket and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees' attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys' fees incurred by the Company that are related to such circumstances.
oo. Local Fundraising Events
The Company is not the fiscal sponsor or fiscal agent of any fundraising event. Each organizer/person who makes the deposit for a fundraising event expressly agrees to defend, indemnify, and hold the Company harmless with respect to any penalties, taxes, enforcement actions, or any other charges, penalties, investigations, enforcement actions, lawsuits, or administrative proceedings, including all expenses, costs, liabilities, judgments, awards, and attorneys' fees incurred by the Company that are in any way related to any fundraising event.
Nights+™ Terms of Use for Private Events e
This Privacy Policy was last updated on May 1, 2020.
Thank you for signing up for your private Nights+ event (the
"Event")! Solely for purposes of these Terms of Use (the "Terms")
and ease of reference, Nights+LLC, Your Nite LLC, and
Nights+Canada Company are referred to herein as the "Company"
though each shall retain its separate corporate existence, and the
term "Company" will refer to one or the other depending on the
circumstances to which it is referred. Nights+ is the new brand
name for Company events, and references to Nights+ include both
Nights+LLC and Plant Nite LLC. These Terms govern your use of the
Service and the ticket(s) you purchased (the "Ticket"), as well as
the use of the Ticket, including all features of the website
located at www.nightsplus.com(the "Website"), user experience, and
all content associated therewith (collectively the "Service"). By
using, visiting, or browsing the Service, you accept and agree to
be bound by these Terms.
These Terms are also a resource for you to get a deeper
understanding of how the Service works, including the kinds of
data collected, how bills are processed, how the Company interacts
with you and other useful details about the Service. The Company
hopes you enjoy your experience.
Definitions
- The terms "Event" and/or "Private Event" mean the event you have contracted with the Company to hold.
- The Term "Event Attendees" means all individuals who will be attending the Event.
- Payment Method – The term "Payment Method" means the method of your payment for the Event that you indicated during your registration for your Event.
- All references herein to "you" or "your" shall mean and refer to the person originally signing up for the Event, the person or entity for whose benefit the Event is being held, and all Event Attendees, whether the term "including all Event Attendees" is set forth next to "you" or "your" herein or not.
- The term "venue" shall mean the location where the Event will take place.
- The term "Website" shall mean the website nightsplus.com (and all pages contained therein).
- The term "Ticket" or "Tickets" shall mean a revocable license(s) sold to you and for which you have paid.
- Work(s) of Art: The term "Work of Art" or "Works of Art" shall include any painting, drawing, sketch, stencil, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the Nights+ Library. The term "planting" shall include any planting or other creation created at your Event, and is included in the definition of "Work of Art."
1. How the Service works
The Company is an entertainment service that will provide you with
an evening of instruction at the venue. The Company reserves the
right in its sole and absolute discretion to make changes from
time to time and without notice in how the Company operates the
Service. Any description of how the Service works should not be
considered a representation or obligation with respect to how the
Service will always work, as the Company is constantly making
adjustments to the Service and often these adjustments are not
completely captured within these Terms.
Design a Sign
For Design a Sign Events, in addition to the terms and conditions
set forth herein, the following terms apply (to the extent the
following terms conflict with other terms herein, the following
terms shall apply):
- (i)Ticket sales for all Design a Sign Events shall close four (4) business days prior to the Design a Sign Event. Ticket sales cannot be refunded or reschedule after four (4) business days prior to the Design a Sign Event.
- (ii)Changes to the selected stencil may be made by Customer Service up to four (4) business days prior to the Design a Sign Event, but no changes may be made after four (4) business days prior to the Design a Sign Event.
- (iii)You agree not to submit or use any content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any content you submit does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. Nights+ reserves the right, but is not obligated, to reject and/or remove any content that Nights+ believes, in its sole discretion, violates any of the foregoing provisions.
Flower Workshop
For Flower Workshop Events, in addition to the terms and
conditions set forth herein, the following terms apply (to the
extent the following terms conflict with other terms herein, the
following terms shall apply):
- (i)Ticket sales for all Flower Workshop Events shall close four (4) business days prior to the Flower Workshop Event. Ticket sales cannot be refunded after four (4) business days prior to the Flower Workshop Event without incurring a $20 penalty. Ticket sales cannot be rescheduled after four (4) business days prior to the Flower Workshop Event without incurring a $20 reschedule fee.
Candle Maker
You recognize that the use of candles involves fire, which may, if
you or others are not properly handling materials, be dangerous to
you and others at your Event. As a result, you agree that: (i) you
will not create a risk of harm, loss, physical or mental injury,
emotional distress, death, disability, disfigurement, or physical
or mental illness to you, or to any other person at your Event;
(ii) you will not cause any other loss or damage to any person or
property at your Event; (iii) you will follow all instructions at
your Event; and (iv) you will indemnify Nights+ for and all loss
related to such conduct as set forth in these terms.
Cookie Decorating, Food or Body Products
You agree that the Company is not responsible in any way for any
illness, sickness, or any other such injury you sustain at a
cookie decorating, food creation, or body product Event. Any such
claims regarding cookie decorating must be made against Cookies
Uncorked LLC, which is an entirely separate entity from Company.
Any other claims must be made against the maker of the food or
body product used at the Event. In no case will the Company be
responsible for any illness related to the consumption, ingestion,
or use of any product utilized at an Event, and you agree to
defend and indemnify Company in the event that any such claim is
made.
a. Choice of Instructor
While the Company will endeavor to make the artist/instructor you have requested available for the Event, the availability of a specific artist/instructor at the Event may change at the Company's sole discretion without notice to you.
b. Materials Provided
The Materials, including all paints, canvases, brushes, easels,
aprons, Plantings and other supplies necessary for the Event (to
be determined in the sole judgment of the Company) ("Equipment")
will be provided for the Event. The quality of the paint,
canvases, brushes, easels, aprons, Plantings and artist/instructor
may vary from event to event, and venue to venue, and may be
affected by a variety of factors outside of the control of the
Company.
To the extent there will be in excess of twenty Event Attendees,
you must inform the Company of the number of additional Event
Attendees at least forty-eight hours in advance of the Event, in
order to allow for the proper number/amount of supplies to be at
the Event.
c. End Result
The Company makes no representations or warranties about the quality of the painting and/or planting of Event Attendees or the individual experiences of Event Attendees. Every painting and/or planting will be unique and the expectation that any painting and/or Planting created at the Event will be a facsimile of the Work of Art depicted on the Website is patently absurd.
d. Start Time
The Company will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and the Company makes no representation as to the exact amount of instruction time at the Event.
e. Capacity Limitations
The venue may have capacity limitations for the Event. The Company
will confirm that the venue you choose has capacity for the number
of guests you originally schedule for the Event. You must provide
a final headcount to the Company at least 48 hours prior to your
Event. To the extent you increase the number of Event Attendees
after you originally schedule the Event, there may not be enough
space to accommodate the increased number. The Company recommends
that you arrive at the venue 30 minutes prior to the start of the
Event.
Only Event Attendees approved by you may attend your Event.
f. Works of Art
The Company may change what Work of Art will be instructed on a particular night and may make such change without notice to you.
2. Unauthorized use
Company Works of Art are developed by, and for, the Company. With the exception of your Work of Art at the Event, you may not copy or reproduce Company Works of Art or any portion thereof, and you may not sell, lease or distribute any reproduction of any Company Work of Art, including the Work of Art that you create at your Event. Any unauthorized uses of Company Works of Art are strictly prohibited. Each Event Attendee may take the Work of Art they created at the Event with them at the conclusion of the Event.
3. Privacy policy and communication with you
Any personally identifying information submitted through the
Service is subject to the Company's Privacy Policy, the terms of
which are incorporated herein by reference.
By using the Service, you are expressly and/or impliedly
consenting to receive communications, electronic or otherwise,
from the Company notwithstanding that you signed up for a Nights+
event. For example, the Company may send you newsletters about new
Company features, special offers, promotional announcements and
customer surveys via email or other methods. For Canadian
customers, your express and/or implied consent begins from the
moment you utilize the Service, and lasts until you (a) inform the
Company that you no longer wish to receive such communications or
(b) two years, whichever period is shorter. If you no longer want
to receive the newsletters, other promotional announcements or
non-transactional communications, simply email
hello@nightsplus.com and ask to be removed from such future
correspondence. You may also contact the Company by regular mail
at 22 Kent Street, Somerville, MA 02143 USA.
In addition, by utilizing the Service you expressly and/or
impliedly consent to receiving electronic communications from the
Company relative to your purchase, including notices about your
purchase (e.g., change in event time or venue or Payment Method,
confirmation e-mails and other transactional information), and
information concerning or related to the Service. These
communications are part of your relationship with the Company and
you receive them as part of the Service. You agree that any
notice, agreements, disclosure or other communications that the
Company sends to you electronically will satisfy any legal
communication requirements, including, but not limited to, that
such communications be in writing.
The Company will not sell your email address to any third party.
4. Promotions
Company promotions may not be utilized in conjunction with any Private Event.
5. Billing
Ticket fees and charges are fully earned upon payment. The minimum
charge for your event is based on at least fifteen paid tickets.
The Company will require the payment for at least fifteen tickets
to confirm your Event. If you have over 15 attendees, the Company
will charge the balance once the final headcount is established at
least 48 hours in advance of your Event. The Company will set up a
payment link where you can submit payment via credit card. Your
payment is non-refundable, but may be used as a credit towards a
future event. if you cancel more than 15 days before the Event,
but in such case you may only reschedule your Event once. Payment
is not refundable if your Event is cancelled within 15 days of the
Event.
Private Events can be set up through the Nights+ private events
team. Private Events require an initial deposit ("Deposit") which
will be returned to you on the date of your Event if (i) your
Event is held and (ii) you have paid for your Event in full. Once
a Deposit is made, it is not refundable if your Event is not held.
By purchasing a Ticket, you are expressly agreeing that the
Company is authorized to charge you a ticket fee at the then
current rate, and any other charges you may incur in connection
with your use of the Service to the Payment Method you provided
during registration. Please note that prices and charges are
subject to change with notice.
As used in these Terms, "billing" shall indicate either a charge
or debit, as applicable, against your Payment Method. The ticket
fee will be billed on the day you purchase the ticket and not on
the day of the Event.
You acknowledge that the final bill for your Event may be more
than the amount indicated when you registered, depending on the
number of Event Attendees that participate in the Event. For
example, if your Event ticket provides that up to twenty-five
Event Attendees may participate in the Event, and if there are
more than twenty-five Event Attendees, you will be charged an
additional fee based on the number of additional Event Attendees
in excess of twenty-five, and you authorize the Company to charge
your Payment Method for such additional amounts.
The Company may change the fees and charges in effect, or add new
fees and charges from time to time, but the Company will give you
advance notice of these changes by email. Once you have been
charged a set amount, the fee will not change, except in
circumstances where the number of Event Attendees exceeds the
number you paid for when you registered.
6. Right to terminate
The Company reserves the right to terminate or restrict your use
of the Service, without notice, for any or no reason whatsoever.
The Company reserves the right to terminate or restrict your use
of the Service, without notice, for any or no reason whatsoever.
7. Social media
You can connect the Company to your Facebook or other social media
accounts ("Social Media Accounts"). If you choose to connect your
account with any Social Media Accounts, you will be able to take
advantage of various social features the Company may already have
or will be creating, as part of the Service, as well as features
available on such Social Media Accounts. These features will be
designed to share information with others - the essence of social
media. For example, your friends and others who have access to
view information about you on Facebook may be able to see (on
Facebook and on the Website) that you are a Company customer as
well as what you have created, eaten or had to drink, with whom
you attended an event, and other information about your use of the
Service. You may also be able to see similar information about
your Facebook friends who are connected with the Company. In
addition, the Company may personalize and otherwise enhance your
experience based on your Facebook information, such as your basic
information, and "Likes." Please pay careful attention to your
Facebook Connect settings in "Your Account" as well as your
Privacy Settings in your Social Media Accounts, which will impact
this feature and may give you some control over the information
that is shared and with whom it is shared.
BY CONNECTING THE COMPANY ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS
RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE
RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY
SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT
INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR COMPANY
ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT THE COMPANY
AT HELLO@nightsplus.com TO HAVE YOUR INFORMATION REMOVED.
The Company and social media companies are continually making
changes and improvements to this feature, and therefore the
available features and information that are shared may change from
time to time. These changes may take place without notice to you
and may not be described in these Terms.
8. Customer reviews
The Company encourages you to post reviews of your Events through
the Service. The Company reserves the right to promote, reject,
remove or edit such content at anytime without notice to you.
Reviews should not be posted that contain the following: (i)
harsh, profane or discriminatory language, (ii) illegal, obscene,
threatening, defamatory or otherwise objectionable content, (iii)
URLs, phone numbers, mailing or e-mail addresses, or personal
attacks on the Company's personnel, (iv) misleading information
regarding the origin of the content, or (v) a discussion of the
Company's policies or services. You understand and agree that the
Company may, but is not obligated to, review the content of any
review and may delete or remove it (without notice to you) in the
Company's sole and absolute discretion, for any reason or no
reason. Please also see "Use of Information Submitted" below.
WHEN YOU HAVE SUBMITTED A REVIEW, THE COMPANY MAY DISPLAY YOUR
RATING OF EVENTS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE
THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED
IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC
FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, THE SERVICE.
IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO
NOT USE THE REVIEW AN EVENT FEATURE.
The Review an Event feature may change without notice to you and
the degrees of associated information sharing and functionality
may also change without notice.
9. Age restriction
The following age restrictions apply to all Company Events, unless
otherwise provided herein with respect to All Ages Events.
The Service may only be used by children under the legal drinking
age where your Event is held if the venue where your Event is held
permits children to be present. It is up to you to check with the
venue in advance of your Event to determine whether children will
be permitted to attend your Event. The Company is not responsible
in any manner if a person or persons under the legal drinking age
where the Event is being held attend the Event. In the event the
Company or its licensee or agent discovers that an Event Attendee
is under the legal drinking age in the venue where your Event is
held, and the venue does not permit such persons, the Company or
its licensee or agent may refuse to offer instruction to any under
age individual, regardless of whether that individual has a Ticket
to the Event. Although the Company is not under any obligation to
ensure that any of your Event Attendees are of the legal drinking
age where your Event is held, the Company has the right to request
that you present a valid form of identification demonstrating your
age, in which circumstance you agree that you will comply with
such request.
10. Venue
At the Event, you may encounter third-party services ("TPS"),
including, but not limited to food and beverage service from the
venue where your Event will take place. These TPS are provided
solely as a convenience to you, and the Company is not responsible
for and does not endorse the TPS provided by the venue where your
Event will take place. You understand that you are responsible for
all additional charges you incur at your Event, including, but not
limited to food and beverage charges.
SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT
RELATED TO, ASSOCIATED WITH OR SPONSORED BY THE COMPANY. Some of
these TPS may even use Company trademarks in connection with your
Event. The Company is not responsible for and does not endorse the
content of such TPS. You will need to make your own independent
judgment regarding your interaction with these TPS. By using such
TPS, you acknowledge and agree to the following: (i) your use of
any TPS may cause personally identifying information, such as a
photo, to be publicly disclosed and/or associated with you, even
if the Company has not provided such information, and (ii) your
use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to
indemnify and hold the Company harmless, as set forth in Section
30 hereof, for the sharing of information or the receipt of TPS
relating to your Event that results from your use of any TPS. You
further agree to indemnify and hold the Company harmless, as set
forth in Section 30 hereof, from all claims that in any way
involve or relate to the provision of TPS. If you have any
questions, concerns, complaints, or claims about a particular TPS,
you should contact the support or contact personnel of the
particular TPS provider and not the Company, unless otherwise
indicated by the Company. THE COMPANY DISCLAIMS ALL LIABILITY
ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify
the Company, as set forth in Section 30 hereof, for any and all
claims made as the result of the provision of TPS at your Event.
11. Disclaimers of warranties and limitations on liability
THE SERVICE, THE WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH,
ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, AND YOUR EVENT ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, THE WEBSITE,
AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES
ASSOCIATED WITH THE SERVICE, AND YOUR EVENT. THE COMPANY DOES NOT
GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE
WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES
ASSOCIATED WITH THE SERVICE, AND YOUR EVENT WILL BE UNINTERRUPTED
OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR
OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE AND YOUR EVENT,
INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE
COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, WORKS
OF ART, AND EQUIPMENT.
Without limiting the foregoing, the Company assumes no liability
or responsibility for any of the following (except in the case of
gross negligence or willful misconduct on the part of the
Company): (i) errors or omissions in the content delivered by the
Service or on the Website or user interfaces; (ii) recommendations
or advice of Customer Service; (iii) any failure or interruption
in the availability of the Service and/or Website or user
interfaces; (iv) delivery and or display of any content contained
on the Website, or otherwise through the Service; and (v) any
losses or damages arising as a result of or related to your Event,
the provision of TPS at your Event, the consequences of the
provision of TPS at your Event, or otherwise through the Service
itself, including any losses or damages arising from the Service,
Website, Equipment, your Event, or TPS. THE COMPANY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES
OF SATISFACTORY QUALITY OF YOUR WORK OF ART. In addition, the
Company does not represent or warrant that the information
accessible via the Website is accurate, complete, or current. The
Company does not make any representations with respect to the
content contained on events from the Service or the descriptions
of any event content contained on the Website and user interfaces.
The Company does not represent or guarantee that your use of the
Service will be free from interruption, and the Company disclaims
any liability with respect thereto. No oral or written information
or advice given by the Company or the Company's authorized
representatives shall create a warranty or otherwise constitute a
representation binding upon the Company.
IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS MANAGERS, MEMBERS,
EMPLOYEES, LICENSEES, EMPLOYEES OR AGENTS OF LICENSEES, AGENTS,
SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR
YOUR EVENT ATTENDEES FOR PERSONAL INJURY OR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS,WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
SERVICE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED
THEREWITH, OR OTHERWISE RELATED TO THE SERVICE, AND FEATURES OR
FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL THE
COMPANY'S TOTAL LIABILITY TO YOU OR ANY EVENT ATTENDEES FOR ANY
DAMAGES OR LOSSES EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE
EVENT.
12. Intellectual property
Nights+ is a registered trademarks of Yout Nite LLC and Your Nite
LLC (the "Marks"). The Marks are trademarks or service marks of
the Company. The Website, including but not limited to its
graphics, logos, page headers, button icons, scripts and service
names constitute trade dress of the Company. The trademarks,
service marks and trade dress of the Company may not be used or
reproduced without prior written approval from the Company and may
not be used in connection with any product or service that is not
affiliated with the Company, in any manner that is likely to cause
confusion among customers, in any manner that dilutes the rights
of the Company, or in any manner that disparages or discredits the
Company. Other trademarks that appear on the Website and user
interfaces are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by the
Company. Any images of persons or personalities contained on the
Website are not an indication or endorsement of the Company or any
particular product or our service unless otherwise indicated.
You acknowledge that any photographs taken at your Event by any
instructor, assistant, or licensee ("Licensee") or the agent or
employee of a Licensee, which photographs depict in any manner the
Work of Art, the set-up of your Event, the participants or
instructors or staff at your Event, you, or the equipment,
materials, supplies or marketing materials related to the Company
in any way shall become the property of the Company, may not be
reproduced or utilized except as authorized by the Company, and
that the Company is free to use all such materials at its sole and
absolute discretion, including photo-shopping and/or altering any
portions of any such photographs.
13. Entertainment and service content
The Company provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Service, including the Website and user interfaces, such as Social Media Accounts, to you and others in any manner the Company chooses in the Company's sole and absolute discretion. In addition, the Service allows you and other third parties to post reviews or comments concerning the entertainment distributed by the Company on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Service are those of the respective authors or producers and not of the Company, or its members, managers, directors, officers, employees, attorneys, affiliates, licensees, agents, employees or agents of licensees or agents, subsidiaries, parent companies, successors, or assigns. Under no circumstances shall the Company, or its members, managers, directors, officers, employees, employees or agents of licensees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service.
14. Use of information submitted
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to the Company ("Feedback"), including responses to questionnaires or through postings to the Service, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. The Company may also share your information with third parties for purposes of the Company's business. Furthermore, by posting any Feedback on the Website, submitting Feedback to the Company, or in responding to questionnaires, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future. Please note the Company does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to the Company. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against the Company, its members, managers, directors, officers, employees, licensees, employees or agents of licensees, agents, attorneys, affiliates, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.
15. Service testing
From time to time, the Company tests various aspects of the Service, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and the Company reserves the right to include you in or exclude you from these tests without notice to you.
16. Customer service
If you need assistance, you may find answers and reach Customer Service at any time at hello@nightsplus.com. You may also visit the FAQ page at help.nightsplus.com where you will find the answers to many frequently asked questions.
17. Your conduct in accessing the Nights+ service
By accessing the Service, including the Website, you agree to use the Service, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or content therein. You also agree not to interfere with the instructors, customers or anyone connected to any portion of the Service or to violate any of the procedures, policies or regulations of establishments connected to the Service. You also agree not to impersonate any other person while using the Service, conduct yourself in a vulgar or offensive manner while using the Service, or use the Service for any unlawful purpose.
18. Links and pages
Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, the Company. In addition, other websites may link to the Website or the Company may include links to the websites of businesses, including those that have associations with the Company through certain programs. These pages may provide links to third parties. The Company has not reviewed these third party websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these third party websites. You acknowledge and agree that the Company is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, or the products or contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which should be read carefully.
19. Arbitration agreement
You and the Company agree that any dispute, claim, action, or
controversy arising out of or relating in any way to the Service,
including the Website, user interfaces, these Terms, the Ticket
you purchase, and the Event shall be determined by binding
arbitration instead of in courts. Arbitration is more informal
than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, may allow for more limited discovery
than in court, and is subject to limited review by courts.
Arbitrators may award the same damages and relief that a court can
award. You, including all Event attendees for whom or who actually
utilize the Ticket purchased by you (an "Event Attendee" or "Event
Attendees"), and the Company agree that Mass. Gen. Laws c. 251, et
seq., governs the interpretation and enforcement of this
provision, and that you, Event Attendees, and the Company are
waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of
these Terms and the conclusion of the Event.
If you or an Event Attendee elects to seek arbitration, you must
first send to the Company, by certified mail, a written notice of
such claim ("Notice"). The Notice to the Company must be addressed
to: General Counsel, Paint Nite, LLC, 22 Kent Street, Somerville,
MA 02143. The Notice must state the basis of such claim, including
all facts related to such claim, all witnesses to such claim, and
a complete statement of the damages such claim seeks, including a
description of how such damages are calculated. You and Event
Attendees agree that the failure to provide the notice referenced
in this paragraph shall result in the dismissal of any action or
arbitration proceeding you bring.
YOU, INCLUDING ALL EVENT ATTENDEES, AND THE COMPANY AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further,
unless both you, including Event Attendees, and the Company agree
otherwise, the arbitrator may not consolidate more than one
person's claims with another person's claims, and may not
otherwise preside over any form of a representative or class
proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision
shall be null and void. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief
warranted by that party's individual claim.
20. Governing law and venue
The Terms and the policies and procedures set forth on the Website
and any and all disputes between you, including all Event
Attendees, and the Company shall be governed in accordance with
the laws of the Commonwealth of Massachusetts, without regard to
conflict of laws principles, and, as necessary the laws of the
United States of America.
You, including all Event Attendees, and the Company agree that any
proceeding involving any dispute, claim, action, or controversy
arising out of or in connection with your purchase of your Ticket
shall be arbitrated, as set forth in Section 19 hereof, solely and
exclusively in the Commonwealth of Massachusetts, Suffolk County,
before either (i) JAMS arbitration service, (ii) the American
Arbitration Association, or (iii) such other arbitrator as may be
agreed to by you and the Company in writing.
This Governing Law and Venue provision shall survive termination
of these Terms and the conclusion of the Event. In the event the
agreement to arbitrate is held to be invalid or unenforceable,
which decision shall be made by the arbitrator only, you and the
Company agree that any action or proceeding involving any dispute
arising out of or in connection with your Event, these Terms or
the policies and procedures set forth on the Website shall be
brought only in the Commonwealth of Massachusetts, and you and the
Company hereto irrevocably consent and submit to the exclusive
jurisdiction within the Commonwealth of Massachusetts in respect
of any such proceeding before (i) the federal District Court for
the District of Massachusetts, located in Boston, Massachusetts or
(ii) the Massachusetts Superior Court, Middlesex County.
21. Waiver of rights
The failure of the Company at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof, and the Company may at any time demand strict and complete performance of said terms, covenants and conditions.
22. Significance of headings
Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.
23. Severability
If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.
24. No adverse construction
You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or the Company on the grounds that the Company drafted these Terms
25. Survival
Both your and the Company's obligations in these Terms, which by their nature, have significance after the conclusion of the Event, shall survive the termination or expiration of these Terms and the conclusion of the Event.
26. Authority
You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself and any Event Attendees.
27. Further assurances
You agree that you shall, at the request of the Company, execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these Terms.
28. Force majeure
Neither you nor the Company shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.
29. Electronic transactions
You agree to conduct transactions, including, but not limited to the purchase of your Event Ticket and the acknowledgement of these Terms and future transactions, by electronic means.
30. Defense and indemnity
You, including all Event Attendees, agree to defend, indemnify, and hold the Company harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the purchase of your Ticket and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees' attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys' fees incurred by the Company that are related to such circumstances.
Nights+® Pass Terms and Conditions
This Terms section was last updated on July 1, 2024
1. General Terms
Nights+ Passes (also referred to herein as a "Pass" or "Passes") are issued and distributed by Nights+ and/or its affiliated entities XXX White Label Company and Your Nite LLC. Nights+ reserves the right to change these Terms and Conditions ("Ts & Cs") from time to time in its discretion, and you agree to be bound by such revised terms and conditions whenever they are posted on Nights+'s website. Passes are good for one Nights+ event ticket, excluding events held in New York City. Event attendees must be of legal drinking age in the location where their Event is held. Any food, drinks, or other purchases are sold separately by the hosting establishment and are the sole responsibility of the ticket recipient. No full or partial refunds are given to customers who miss an Event. In case of Event cancellation, you will be able to reschedule your event. Please refer to https://www.nightsplus.com/about-us/terms/ for additional Terms and Conditions, which Terms and Conditions are incorporated herein by reference.
2. Redemption
You may Redeem Passes on
www.nightsplus.com. For additional redemption information visit
www.nightsplus.com
for Terms and Conditions of redemption.
Upon redemption of a Pass, the balance for the redeemer of a
single event ticket where the full value of the ticket is $35 or
less will drop to $0, notwithstanding the amount you paid for the
Pass or the amount of the ticket set forth on the Website. In
cases where the full value of a single event ticket is greater
than $35, the redeemer’s balance owed will be reduced by $35, and
the redeemer will be responsible for the remaining balance.
For example, if a single event ticket is advertised as costing
less than $35, and you utilize a Pass to purchase the ticket,
there will be no additional balance left on your Pass.
As a further example, if a single ticket to a Design a Sign event
has a full face value of $65, and a recipient of a Pass redeems
the Pass for such an event, the recipient will then have a balance
of $30 which he/she must pay prior to receiving a ticket to the
event.
Once redeemed, no residual value shall remain on a Pass.
3. Returns
You may not return or cancel a Pass after it is received. Purchasers who wish to cancel a Pass purchase order prior to its delivery to a recipient should contact Customer Service at hello@nightsplus.com.
4. Lost or Stolen Passes
If you suspect that someone has copied or stolen your Pass, contact Customer Support immediately. Passes will not be replaced if lost or stolen without proof of purchase or if used prior to reporting that the Passes have been lost or stolen. Treat Passes like cash.
5. Limitations
You may not use a Pass to purchase Gift Cards, other Passes, or
Vouchers. Passes cannot be reloaded, resold, transferred for
value, or redeemed for cash, except to the extent required by law.
Void if reloaded, resold, transferred for value, or redeemed for
cash. Unused Passes may not be transferred.
All Nights+ event attendees must be of legal drinking age in the
jurisdiction where the event attended is held. Passes may not be
used in exchange for any food or beverage purchases at hosting
locations. Passes cannot be used for Tips, Fundraiser Deposits,
Fundraiser Tickets, or Private Events.
6. Our Policies
Passes are subject to Nights+'s Privacy Policy. Nights+ may provide Pass purchasers with information about the redemption status of Passes.
7. Risk of Loss
Ownership and risk of loss of a Pass, transfers to the purchaser as soon as Nights+ sends confirmation to the recipient. Nights+ is not responsible for lost or stolen Passes.
8. Pass Customer Service
If you need assistance with any aspect of your purchase, ownership, or use of your Pass, please contact Customer Service at hello@nightsplus.com. Please refer to your order number, or be ready to supply your email address.
9. Payment Methods
Passes may be paid for with a valid VISA, MasterCard, Discover, or American Express.
10. Delivery Information and Requirements for Pass Purchasers
All orders of Passes are subject to a process that compares
purchaser information provided on the web site with information
about the purchaser provided by the purchaser's financial
institution. If there is a discrepancy, your Pass order may be
delayed until it can be corrected.
Nights+ is not responsible for Passes that are undeliverable or
not received due to your failure to enter an accurate email
address for the recipient. Please check to make sure the address
of the recipient is correct and contact Customer Service at
hello@nightsplus.com
if you suspect the recipient did not receive his/her Pass.
11. Reasons for Failed Delivery of a Pass
Passes are delivered via email. If you have confirmed the recipient's email address but the Pass has not been viewed within a reasonable period after the requested delivery date, the following is a list of the most common reasons why delivery may have failed:
- Spam filter blocked email or routed it to a bulk/spam folder
- Recipient's firewall blocked the email
- Email inbox is over size limit
- Invalid email address
12. Limitation of Liability
Nights+ AND ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO XXX White Label Company, AND YOUR NITE LLC MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PASSES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A PASS CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND Nights+'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PASS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Disputes
By visiting https://www.NightsPlus.com/passes and purchasing any
number of Passes, you agree that the laws of the Commonwealth of
Massachusetts, without regard to principles of conflict of laws,
will govern these Ts & Cs and any dispute you or a recipient of a
Pass have with Nights+ and its affiliated entities, including but
not limited to XXX White Label Company and Your Nite LLC.
You hereby consent that any dispute relating in any way to a Pass
shall be adjudicated in Middlesex County, Massachusetts Superior
Court if the aggregate total claim for relief exceeds $25,500, or
Woburn Massachusetts District Court if the aggregate claim is less
than $25,000, and you consent to exclusive jurisdiction and venue
in such courts.
Nights+™ Terms of Use for All Ages Events
Nights+™ Terms of Use for All Ages Events
Thank you for purchasing for your public Nights+ all ages tickets
(the "All Ages Tickets")! These terms of use (the "All Ages
Terms") are in addition to, and supplement the Terms and
Conditions that govern all Nights+ Events (the "Terms") (see
above). The Terms are incorporated herein by reference.
Capitalized terms that are not defined herein are defined in the
Terms. To the extent there is dispute between the All Ages Terms
and the Terms, the All Ages Terms shall prevail.
By using, visiting, or browsing the Nights+ Service, you accept
and agree to be bound by these All Ages Terms, in addition to the
Terms. If you do not agree to the All Ages Terms or the Terms, you
should not use the Nights+ Service, including the Website, and you
should not purchase any tickets.
These All Ages Terms apply to events denominated "Ages 6+"
(intended for families with kids ages 6 and up), "Ages 13+"
(intended for families with young teenagers ages 13 and up), and
"Ages 18+" (intended for US event customers 18 and up who can
paint alongside adults without a parent or guardian being
present), as set forth on the Nights+ calendar.
Persons ages 6 through 17 are welcome to attend and participate in
Nights+ All Ages events in the US (each an "All Ages Event"), but
must be accompanied by a parent or legal guardian at all times.
Persons ages 18 and older do not need to be accompanied by a
parent or legal guardian at a US event. Persons between ages 6 and
the legal drinking age in the jurisdiction where your Event is
being held are welcome to attend and participate in Nights+ All
Ages events in Canada (each an "All Ages Event"), but must be
accompanied by a parent or legal guardian at all times. At a
Canadian Event, Persons of the legal drinking age in the
jurisdiction where your Event is being held do not need to be
accompanied by a parent or legal guardian. By purchasing tickets
to an All Ages Event ("All Ages Tickets"), you represent that (i)
you are the parent or legal guardian of the persons for whom you
are purchasing the All Ages Tickets, or (ii) you are over the age
of 17 if attending in the US or are of the legal drinking age in
the jurisdiction where your Event is being held if attending in
Canada. You also represent that either you or a parent or legal
guardian will attend the All Ages Event with any persons for whom
you have purchased All Ages Tickets if they are under the age of
18 in the US or under the legal drinking age in the jurisdiction
where your Event is being held in Canada.
Nights+ All Ages Events are open to persons of all ages (but not
under ages 6 for Nights+ events), and are not limited to children.
No persons between the ages of 6 through 17 may be "dropped off"
to an All Ages US Event, nor may persons between the ages of 6
through 17 be left alone at any time during an All Ages US Event.
No persons between the ages of 6 and the legal drinking age in the
jurisdiction where your Event is being held may be "dropped off"
to an All Ages Canadian Event, nor be left alone at any time
during an All Ages Canadian Event. While persons of the legal
drinking age where their All Ages Event may purchase alcohol at an
All Ages Event with valid identification, no alcohol may be
purchased by or served to persons under the legal drinking age
where your All Ages Event takes place.
You acknowledge that any photographs taken at any All Ages Event
for which you have purchased All Ages Tickets by Nights+,
Nights+'s licensee, agent, instructor, or other person working for
or on behalf of Nights+ or its licensee or agent, which
photographs depict in any manner any member of your party,
including all persons for whom you have purchased All Ages
Tickets, and which demonstrate participation at the All Ages
Event, the set-up of the All Ages Event, the participants or
instructors or staff at the All Ages Event, you or anyone for whom
you purchased All Ages Tickets for the All Ages Event, or the
equipment, materials, supplies or marketing materials related to
Nights+ in any way, shall become the property of Nights+, and that
Nights+ is free to use all such materials in any form or medium at
Nights+'s sole and absolute discretion. You hereby waive any
claims regarding the use of any such photographs or video to be
used in any form or medium on behalf of yourself and any persons,
including children, for whom you have purchased All Ages Tickets.
Parents and/or legal guardians are expected to monitor persons
between the ages of 6 through 17 for whom they have purchased All
Ages Tickets during All Ages US Events, and to ensure they are
behaving appropriately. Parents and/or legal guardians are
expected to monitor persons between the ages of 6 and the legal
drinking age in the jurisdiction where your Event is being held
for whom they have purchased All Ages Tickets during All Ages
Canadian Events, and to ensure they are behaving appropriately.
Nights+ and/or its licensee or agent reserves the right to request
that persons who are not behaving appropriately be removed from
the All Ages Event. Examples of persons not behaving include, but
are not limited to, (i) throwing paint, water, or other materials
used at an All Ages Event, (ii) excessive screaming or yelling, or
(iii) creating a dangerous or disruptive situation for other All
Ages Event attendees.