2023 SPACE PASS TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (the “Terms”) set forth the terms and conditions of the agreement with respect to your purchase of the 2023 Space Pass Subscription (the “Space Pass”). The Terms constitute a legally binding agreement between SPACE YACHT, LLC (“Space Yacht,” “us”, “our”, or “we”), and each purchaser of the Space Pass (each, a “Subscriber”, “you” or “your”). Please carefully review the Terms. By purchasing and using the Space Pass, you are deemed to have read, accepted, executed and agreed to be bound by these Terms.
We may change or amend the Terms and Conditions at any time at our sole and absolute discretion. Any changes to the Terms and Conditions will be in effect as of the “Last Updated” date referred to at the top of this page. You acknowledge and agree that the form and nature of the Space Pass, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the Space Pass.
THEREFORE, for good and valuable consideration, you hereby agree as follows:
1. ELIGIBILITY. The 2023 Space Pass subscription is open to anyone who is 21 years of age or older.
2. TERM. All rights granted in connection with your purchase of the Space Pass shall commence upon the date of your purchase and shall terminate on 12:01am pacific time on January 1st, 2024 (the “Term”). Notwithstanding the foregoing, Subscribers may cancel their Space Pass subscription until March 1st, 2023, and receive a full refund of the purchase price of the Space Pass.
a. GUEST LIST. The Space Pass guarantees Subscribers at least one (1) free guest list spot to every event as part of Space Yacht’s weekly Tuesday night residency at Sound Night Club, throughout 2023 (two (2) free guest list spots to certain events). Space Yacht makes no guarantee on the availability of guest list spots for any other events at Sound or other venues.
i. Subscribers must register for each event that they would like to attend. A link or QR code will be sent to Subscribers which will enable them to gain access to the applicable event registration page.
ii. Occasionally, events are canceled or postponed by the promoter, team, artist or venue for reasons beyond our control. Should this occur, we will attempt to contact you to inform you of the change, but in no event shall you be entitled to a refund or any other compensation as a result thereof.
b. DISCOUNTS. Subscribers will also be entitled to a thirty percent (30%) discount on all apparel and other products (BUT NOT EVENT TICKETS OR RECORDED MUSIC) on spaceyacht.net as well as at live events. At live events, Subscribers will have to show their physical Space Pass card to receive the discounts.
4. VENUE RESTRICTIONS.
a. Your access to any events in connection with the Space Pass will be subject to Sound Nightclub, Space Yacht, and any other applicable venue’s terms and conditions for attendees, including but not limited to the right to refuse entry to any individuals if they are deemed a threat to the safety of other patrons, overly intoxicated, and/or any other reason within the context of safety and well-being of our patrons. Your breach of any applicable venue’s terms and conditions will terminate your license to attend that event without refund.
b. You and your belongings may be searched upon entry to any event hereunder. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras (unless approved by Space Yacht and venue), recording devices (unless approved by Space Yacht and venue), and containers.
5. LIKENESS. You agree that any events offered in connection with the Space Pass are public events, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Space Yacht and any other applicable event provider to utilize your name, image and likeness in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event, for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
a. Subscribers cannot transfer or gift any guest list spots hereunder to third-parties. Unlawful resale of guest list spots (or attempted resale) is grounds for seizure and cancellation of your Space Pass without refund or any other compensation. You may not use a guest list spot for advertising, promotions, contests or sweepstakes, unless approved in writing by Space Yacht, provided that even if such consent is obtained, any use of Space Yacht’s trademarks and other intellectual property is subject to Space Yacht’s consent. Space Yacht reserves the right to cancel your account and not refund your subscription if you perform these activities described in this section
b. Your name MUST appear on the guestlist for entry, and you must provide valid ID that matches your name on the guestlist. Space Yacht will not be responsible if your account details do not match.
7. CHANGES. Changes to subscription: We reserve the right to make changes to the 2023 Space Pass subscription at any time. If we make material changes to the subscription, we will provide notice to subscribers via email or through email, text and or other marketing platforms.
8. TRADEMARKS. “SPACE YACHT”, “SPACE PASS,” the Space Yacht logo, and other trademarks, service marks, graphics, and logos used in connection with the Space Pass are trademarks or registered trademarks of Space Yacht in the U.S. and/or other countries. You are granted no right or license with respect to any of the foregoing.
9. LIMITATION OF LIABILITY.
a. Space Yacht’s total liability to you from all causes of action and under all theories of liability will be limited to the purchase price of the Space Pass. Space Yacht will not be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Space Pass and access any particular event; and (ii) any conduct or content of any third party in connection with the Space Pass as well as any events hereunder.
b. Subscribers assume all risks incidental to events hereunder, whether before, during or after performance, and you waive any claims for damages, including personal injury or death, against Space Yacht on behalf of yourself or any accompanying minor.
10. REFUNDS AND EXCHANGES. Before purchasing subscriptions, carefully review the Terms. Other than as described in Section 2 above, you will not contact Space Yacht to seek a refund, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase your Space Pass. Should you do so, Space Yacht may, in its sole discretion, refuse to honor future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from attending future events produced by Space Yacht. Space Yacht, in its sole discretion, will determine if accounts are eligible for a refund.
11. REMEDIES. The Terms shall be governed by the laws of the State of California, and any controversy or claim arising out of or in relation to the Terms shall be resolved by arbitration in accordance with the rules and procedures of the American Arbitration Association (AAA) before a single arbitrator in Los Angeles. The arbitrator will be instructed to award attorney’s fees and arbitration costs to the prevailing party, and the resultant decision shall be enforceable in any court having jurisdiction over the party to be bound thereby. A waiver of any breach shall not waive a prior or subsequent breach.
12. INDEMNITY. You agree to indemnify and hold Space Yacht harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Space Pass and/or attendance at an event in connection therewith violates any applicable law or regulation, or the rights of any third party.
13. NOTICES hereunder shall be in writing, via email (if written confirmation may be obtained), facsimile (if written confirmation may be obtained), or certified mail. The date and time of confirmation (for facsimile or email) or certification shall be the date and time of such notice, unless such date and time do not fall between 9:00 a.m. and 5:00 p.m. (recipient’s time zone) on a business day, in which case the date and time shall be deemed to be 9:00 a.m. on the next business day. A courtesy copy of all notices to Space Yacht shall be sent to Law Office of Adam C. Freedman PLLC, 223 Bedford Ave., Ste A PMB 2005, Brooklyn, NY 11211, Attn.: Adam Freedman, Esq. Email: email@example.com.
14. MISCELLANEOUS. The Terms contains the entire understanding of the parties as to the subject matter hereof, and all prior terms and conditions as to such subject matter have been merged herein. You hereby acknowledge that you have had the opportunity to consult with counsel regarding the Terms. Paragraph headings are for guidance only and shall not be of any effect in construing the contents of the respective paragraphs. As the context may require, terms used in the masculine gender include the feminine gender and neuter, and terms in the singular include the plural. If any provision of the Terms is invalid, void or unenforceable, the remainder of the Terms shall remain in full force and effect.