DISKO is a monthly subscription service that gives our users (“Users”) and subscribers (“Members” or “Subscribers”) access to events in their city and gives event organizers (“Organizers”) a place to place to publicize and organize events. The DISKO iOS app and the website www.disko.world (collectively referred to as the “Site”) are operated by DISKO Inc. (“DISKO”). Please read carefully the following Terms of Service (the “Terms”).
By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular DISKO services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time. The most current version of the Terms can be accessed at any time at http://disko.world/terms.
In order to access and use DISKO, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your account and full legal name. When creating an Account, you certify that you will not: -provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission; -use a username that is the name of another person with the intent to impersonate that person; -use a username that is subject to rights of another person without appropriate authorization; or -use a username that is offensive, vulgar or obscene or otherwise in bad taste. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. You can link your Account to various social networking, and other music related accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
If you purchase a Membership on the Site, you agree you are a Member under these Terms and are subject to the following provisions:
Your DISKO Membership (“Membership”) includes a certain number of free tickets to designated events each month (“Events”). Membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Each DISKO membership cycle (“Membership Cycle”) has a length of either one month, and will automatically renew at the end of such initial term. For example, if you purchase a monthly Membership on June 7th, you will first be billed on June 7th, and your membership will automatically renew, and you will be charged again, on July 7th. On the first day of each month of your term, you will receive the applicable number of Event ticket credits. Please note that any Event ticket credits not used during the month of issuance are forfeited, and do not carry over into the next month.
You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to maintain your membership status. We will automatically bill the monthly membership fee to your Payment Method each month until your Membership is cancelled or terminated. By signing up for a membership, you authorize us to bill your Payment Method as described in this Agreement.
If you cancel your Membership within 48 hours of using a Promo Code all Event tickets will be revoked.
You may sign up for a Membership on any of the following plans with the following benefits:
Members can claim tickets to the number of Events per each month of the Membership Cycle as described above. Members cannot transfer or gift Event tickets or membership privileges to third parties, including other Members. Event credits may be used in any city for which Events are available. DISKO makes no guarantee as to the availability of tickets to Events. Tickets are limited and are on a first come first served basis. Members using the Premium Plan will not be refunded for an Event if they attend a concert with a guest (+1), and the guest is not of the minimum required age to attend the Event, and therefore prohibited to enter.
When a Member claims an Event ticket from his or her Event Allocation, that Member is expected to actually attend that Event. Members are required to check in (“Check In”) upon arrival at Events with the Event’s guest list via a representative from the venue or promoter. If a Member claims a ticket to an Event but then decides they no longer wish to attend the Event, the Member may release that ticket prior to 24 hours before the beginning of the Event (“Ticket Release Cut Off Point”). The Ticket Release Cut Off Point may vary from show to show and will be available to a Member at the time the Members claims the Ticket. It is not possible to release a ticket after the Ticket Release Cut Off Point. If a Member fails to release their Ticket that Member’s Ticket will be deemed to have been used for such event, in DISKO’s sole discretion.
Order Confirmation If you do not receive a confirmation (in the form of a confirmation screen or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with DISKO Customer Service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. DISKO will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Please contact firstname.lastname@example.org if you encounter an issue. Canceled and Postponed Events 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. Your spot will be released and you will be able to claim spots for your next show immediately. DISKO does not offer refunds of any kind for canceled or postponed events. Opening Acts Opening acts or guests may sometimes tour with headlining performers. DISKO is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or canceled.
Ejection and Cancellation Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A spot is a revocable license and admission may be refused without refund of the monthly subscription price. A spot is not redeemable for cash. Exhibition You agree that the event for which you claimed a spot for is a public event, 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 DISKO and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) 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. You Are Subject to Search You and your belongings may be searched on entry to the event. 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, recording devices, bundles and containers. Unlawful Re-Sale of Spots; Commercial Purposes Unlawful resale of guestlist spots (or attempted resale) is grounds for seizure and cancellation without compensation. A spot shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Event Provider, provided that even if such consent is obtained, any use of DISKO’s trademarks and other intellectual property is subject to DISKO’s consent. DISKO reserves the right to cancel your account and not refund your subscription if you perform these activities described in this section.
You may edit your Payment Method information by navigating to the Payment Method on the My Settings page in the DISKO app.
You may cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent renewal term in order to avoid being charged for the next term’s Subscription Fee. Your renewal date can always be found on your Payment Method page, along with the link to initiate cancellation.
If you post or submit an event to the Site, you agree you are an Organizer under these Terms and are subject to the following provisions:
As an Organizer you are responsible for all events you submit to DISKO. You agree that you will comply with all applicable laws with respect to such events, including, without limitation, laws relating to the serving of alcohol or prohibiting illegal drug use. You agree to maintain adequate insurance coverage with respect to such event. You agree to indemnify and hold DISKO, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, or liabilities, including attorney’s fees, arising out of such events or your failure to comply with the terms of this paragraph.
For each event you post to the Site, DISKO shall collect an aggregate amount from purchasers of tickets for that event who booked via the Site (the “Purchasers”). You shall be paid a separately agreed upon amount from the Ticket Fees (the “Organizer Fee”). Payment of the Organizer Fee shall be via check, mailed to the address provided to DISKO by you at the time of your registration, and shall be post- marked no later than the first Tuesday following the date of your event, or if such day is not a business day, then the next business day.
No payments shall be made to Organizer with respect to (i) any event that is cancelled or with respect to which DISKO believes there is a risk of cancellation or nonperformance or (ii) any attendee of such event who was given a refund by DISKO. Refunds may be given in DISKO’s sole discretion, for any reason.
ALL PAYMENTS ARE NONREFUNDABLE. ALL PAID TICKET PURCHASES ARE CONSIDERED FINAL AND WILL NOT BE REFUNDED UNDER ANY CIRCUMSTANCE. REFUNDS WILL NOT BE PROVIDED FOR ANY MEMBERSHIP SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR MEMBERSHIPS THAT ARE CANCELLED MID-PERIOD. At any time, and for any reason, we may elect to provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our 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 us to provide Credits in the future, under any circumstance.
All payments under this Agreement, whether by Users or Members to DISKO, or by DISKO to Organizers, will be made in U.S. dollars, regardless of the location or residency of such User, Member or Organizer.
You agree that DISKO in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with DISKO or use of the Site and remove and discard all or any part of your account or any content uploaded by you, at any time. DISKO may also, in its sole discretion and at any time, discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that DISKO will not be liable to you or any third party for any such termination. DISKO does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DISKO may have at law or in equity.
THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY DISKO OR PROHIBITED FROM ACCESSING THE SITE BY LAW. BY USING THE SITE, YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE AND THAT NO APPLICABLE LAW PROHIBITS YOU FROM ACCESSING THE SITE. DISKO IS CONCERNED ABOUT THE SAFETY AND PRIVACY OF CHILDREN. FOR THIS REASON, YOU MUST BE AT LEAST 21 YEARS OLD, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE, IF SUCH AGE IS YOUNGER THAN 21 YEARS OLD, TO USE THE SITE. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD, OR THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE, AS APPLICABLE.
If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and agree to be bound by these Terms on behalf of such Subscribing Organization. You agree that the information you provide to DISKO on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. By using the Site, you promise not to: Harass, threaten, or defraud Site users; Make unsolicited offers, advertisements, proposals, or send junk mail to users; impersonate another person or access another user’s account without that person’s permission; Share DISKO-issued passwords with any third party or encourage any other user to do so; permit third parties to use any tickets claimed by you under your own membership, including other members; misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights; upload material (e.g. virus) that is damaging to computer systems or data of DISKO or users of the Site; upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content. DISKO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
If you provide DISKO with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), DISKO shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant DISKO a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features that may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into the Terms. OWNERSHIP; PROPRIETARY RIGHTS The Site is owned and operated by DISKO. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by DISKO (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of DISKO or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to DISKO or its affiliates and/or third- party licensors. Except as expressly authorized by DISKO, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. DISKO does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, DISKO makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT DISKO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Except as explicitly stated otherwise, legal notices will be served, with respect to DISKO, via email at the address [email@example.com], and, with respect to you, to the email address you provide to DISKO during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
EVENTS, ACTIVITIES, AND ANY OTHER SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT DISKO. YOU AGREE THAT ATTENDANCE AT ANY SUCH EVENTS, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL DISKO BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN AN EVENT, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE. DISKO IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY ORGANIZER WITH WHICH A USER HAS MADE A RESERVATION, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE SITE AS SET FORTH IN THIS AGREEMENT. WITHOUT LIMITING ANYTHING HEREIN, DISKO DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY EVENTS, ACTIVITIES, OR OTHER SERVICES OFFERED VIA THE SITE. UNLESS OTHERWISE EXPRESSLY STATED BY DISKO, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISKO, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UNLESS OTHERWISE EXPRESSLY STATED BY DISKO, DISKO, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. 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.
You agree to indemnify and hold DISKO, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, your attendance at events, your violation of these Terms, your violation of the rights of any other person or entity, any breach of the foregoing representations, warranties, and covenants, and in the case of Organizers, your hosting of events.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL DISKO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH DISKO, EVEN IF DISKO OR A DISKO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DISKO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL DISKO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE). DISPUTE RESOLUTION General. Generally, if a dispute arises between DISKO and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and DISKO agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as both parties otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DISKO must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance- based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND DISKO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
WITH RESPECT TO ALL USERS, MEMBERS AND ORGANIZERS, ALL CLAIMS AGAINST DISKO MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS DISKO AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and DISKO relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by DISKO as set forth in the Preamble to these Terms. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.