Welcome to Nightbat.com. The followings are the rules or "Terms" that govern use of the Nightbat.com website ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Nightbat.com, 0789718 B.C Ltd reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms of Use, Nightbat.com may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.
Permitted Use
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorized by Nightbat.com to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorised by Nightbat.com to do so. The content and software on this Site is the property of Nightbat.com and/or its suppliers and is protected by Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Disclaimers
Nightbat.com does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. Nightbat.com cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Nightbat.com disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Nightbat.com will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
Nightbat.com makes no guarantee of any specific result from use of this Site or use of the Nightbat.com service.
Nightbat.com disclaims any and all liability for the acts, omissions and conduct of any third party users, Nightbat.com users, advertisers and/or sponsors on the Site, in connection with the Nightbat.com service or otherwise related to your use of the Site and/or the Nightbat.com service. Nightbat.com is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Nightbat.com at info@Nightbat.com. Nightbat.com may investigate the claim and take appropriate action, in its sole discretion.
Ownership of Materials
All materials on the Site are copyrighted and are protected. Nightbat.com’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Nightbat.com’s written permission. Except as expressly stated in the limited licence provision of these terms and conditions.
Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.
Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Nightbat.com has no control over these sites or the content within them. Nightbat.com cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Nightbat.com does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Nightbat.com for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at info@Nightbat.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 19 in a sexual or violent manner, or solicits personal information from anyone under 19;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Offline Conduct
Although Nightbat.com cannot monitor the conduct of its users of the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
No Commercial Use
No area of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a ticket order on any user known or reasonably believed to be associated with any ticket broker or tout, or utilizing automated means to process or place ticket orders, or whose ticket order exceeds the stated limit.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from the our Site without the prior expressed written permission of Nightbat.com.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
You understand and agree that in Nightbat.com’s sole discretion, and without prior notice, Nightbat.com may terminate your access to the Site, cancel your ticket order or exercise any other remedy available and remove any unauthorized user Content, if Nightbat.com believes that the user Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Nightbat.com, another user or the law. You agree that monetary damages may not provide a sufficient remedy to Nightbat.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Nightbat.com may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Nightbat.com is not required to provide any refund to you if you are terminated as a user because you have violated these Terms of Use.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Nightbat.com be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Nightbat.com has been advised of the possibility of such damages.
Disputes
This Site is controlled and operated by Nightbat.com from its offices in the Canada. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by Canadian law.
Indemnity
You agree to indemnify and hold Nightbat.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Purchase Policy
Our goal at Nightbat.com is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to live events as quickly as possible. The following purchase policies are designed to ensure your satisfaction and understanding of the purchase process on Nightbat.com. This Purchase Policy incorporates our Terms of Use by this reference.
Purchase Policy
Nightbat.com sells tickets on behalf of promoters, teams, bands and venues which means Nightbat.com does not set the ticket prices or determine seating locations. Policies set forth by our clients, such as venues, teams and theatres, prohibit us from issuing exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Tickets purchased on Nightbat.com may be subject to a per ticket service charge and a non-refundable per order processing fee. When purchasing tickets on Nightbat.com, you are limited to a specified number of tickets for each event. This amount is indicated on the order tickets page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices.
Nightbat.com aims to dispatch tickets as soon as possible (Either electronically or physical tickets if available for a specific event). We are not able to be specific with exact dates of dispatch (If physical tickets are available for a specific event).
Occasionally, events are cancelled or postponed by the promoter, team, performer or venue for a variety of reasons. If the event is cancelled, please contact us for information on receiving a refund from the responsible party. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us for exact instructions.
Tickets may be restricted to a maximum number per person, per credit/debit card. We reserve the right to cancel tickets without prior notice if purchased in excess if this limit.
For information about a purchase you've made, contact us, quoting your confirmation code given to you at the conclusion of placing an order.
Ticket Terms and Conditions
1. This ticket is issued subject to the Rules and Regulations of the venue, event organiser and promoter. Full details are available on request.
2. Please check your tickets as mistakes cannot always be rectified.
3. It is the responsibility of the ticket holder to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify ticket holders of the cancellation once we have received the relevant authorisation from the event organiser. Please note that we cannot guarantee that ticket holders will be informed of such cancellation before the date of the event.
4. The management reserves the right to refuse admission should patrons breach any Rules and Regulations of the venue, event organiser or promoter. The management may on occasions have to conduct security searches to ensure the safety of the patrons.
5. Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
6. We regret that unless paragraph 16 applies, tickets cannot be exchanged or refunded after purchase. The Management cannot be held responsible for any tickets which are lost or stolen. Nightbat.com reserves the right to cancel ticket bookings which it reasonably suspects to have been made fraudulently. Should a refund be issued, it will be by the same method of payment that was used to purchase the tickets. If a credit card was used, the refund can only be issued to that particular card. Service charges and transaction fees are not refundable.
7. Tickets are sold subject to the management’s right to alter or vary the programme due to events or circumstances beyond its control without being obliged to refund monies or exchange tickets.
8. The purchaser represents and warrants that the ticket is purchased for personal use only, and that it is not purchased as part of any form of business or commercial activity (save as expressly authorised by the Event Partner and its agents), and in particular, that the ticket may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion (including contests and sweepstakes) or for any other trade purposes including, for the avoidance of doubt, any publication via the internet or any other means. Resale or attempted resale of a ticket, or any other breach of this term is grounds for seizure or cancellation of that ticket and the holder may be refused entry to, or ejected from the venue, without refund or other compensation.
9. The venue may operate a No Smoking policy.
10. The unauthorized use of photographic and recording equipment is prohibited. Tapes or films may be destroyed. Laser pens, mobile phones, dogs (except guide dogs) and patron’s own food and drink may also be prohibited (please check with the venue).
11. The Promoter, venue Management and Nightbat.com accept no responsibility for any personal property.
12. Patrons should be advised that official merchandise is usually only available inside the venue.
13. The ticket holder has a right only to a seat of a value corresponding to that stated on the ticket and the Management reserve the right to provide alternative seats to those specified on the ticket.
14. There will be no pass-outs or re-admissions of any kind.
15. Ticket holders consent to filming and sound recording as members of the audience.
16. If a performance is rescheduled, ticket holders will be offered tickets to the rescheduled performance, equivalent to the face value of the ticket. If a performance is cancelled, ticket holders will be offered alternative performances (subject to availability) up to the seat value on the ticket.
17. All of these terms and conditions are governed by Canadian Law and any disputes arising out of any transaction with Nightbat.com are subject to the exclusive jurisdiction of the Canadian courts.
18. The ticket holder must comply with all relevant statutes, safety announcements and venue regulations whilst attending the event.
19. Breach of any of these conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall enable the venue or event management to eject you from the venue.
20. If you choose to pick up your tickets at will-call, please bring photo ID & the matching credit card used to purchase the tickets. Your ticket(s) will be waiting for you at the entrance of the venue at the event start time.
