These Ticket Terms & Conditions (“Ticket Terms”) govern the purchase, receipt, possession, transfer, acceptance, and use of tickets, passes, credentials, hospitality packages, upgrades, add-ons, and other event-related products or services (collectively, “Tickets”) offered by Moontower Media, LLC d/b/a Nxt Up Nation (“NXT UP,” “we,” “us,” or “our”) through tickets.nxtupnation.live, associated checkout pages, or other NXT UP-authorized sales channels (collectively, the “Site”).
For purposes of these Ticket Terms, an “Event” includes any event, hospitality experience, watch party, race-related experience, tournament, activation, dinner, transportation experience, or other experience for which NXT UP offers a Ticket.
By purchasing, accepting, receiving, possessing, transferring, presenting, or using a Ticket, you agree to these Ticket Terms and any additional terms applicable to the applicable Event, Ticket type, venue, provider, or experience.
ALL SALES ARE FINAL. TICKETS ARE NONREFUNDABLE AND NONEXCHANGEABLE EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR EXPRESSLY PROVIDED IN THESE TICKET TERMS.
1. Merchant of Record, Ticketing Provider, and Payment Processor
Moontower Media, LLC d/b/a Nxt Up Nation is the Merchant of Record for Tickets sold through the Site unless expressly stated otherwise at checkout.
Ticketing technology and related checkout functionality are provided through TicketSocket, Inc. (“TicketSocket”).
Payment processing is provided through Stripe and applicable financial institutions and payment networks.
TicketSocket and Stripe provide technology and payment-related services. They do not produce, promote, operate, or fulfill NXT UP Events unless expressly stated otherwise.
TicketSocket, Stripe, and other independent service providers may process information under their own applicable terms and privacy practices.
2. Acceptance of Terms
By completing a Ticket purchase, including by clicking or selecting an acceptance mechanism presented at checkout, you acknowledge that you have read, understood, and agreed to these Ticket Terms.
Any person who accepts, receives, possesses, transfers, presents, or uses a Ticket is also subject to these Ticket Terms.
A purchaser who provides a Ticket to another person is responsible for communicating the applicable Ticket terms, restrictions, Event requirements, and venue requirements to that person.
3. Ticket as a Revocable License
A Ticket is a revocable license to attend or participate in the applicable Event subject to these Ticket Terms and all applicable Event, venue, security, and third-party requirements.
A Ticket does not convey ownership of a seat, location, credential, Event, experience, intellectual property right, or other property interest.
NXT UP may revoke a Ticket where permitted by applicable law for fraud, nonpayment, chargeback, misuse, violation of these Ticket Terms, violation of Event or venue rules, safety concerns, unlawful conduct, or other grounds expressly provided in these Ticket Terms.
4. Ticket Descriptions and Inclusions
A Ticket includes only the admissions, access, hospitality, transportation, accommodations, merchandise, food and beverage, activities, credentials, benefits, or other items expressly identified in the applicable Ticket description at the time of purchase.
No benefit is included merely because it appears in:
Advertising.
Photographs.
Videos.
Renderings.
Social-media content.
Promotional materials.
Sponsorship materials.
Sales decks.
Informal communications.
Other marketing materials.
Different Ticket types may include different benefits, access levels, restrictions, dates, times, locations, eligibility requirements, and conditions.
Purchasers are responsible for reviewing the applicable Ticket description before completing a purchase.
5. No Guarantee of Particular Event Elements
Unless expressly guaranteed in the applicable Ticket description, purchase of a Ticket does not guarantee the appearance, participation, availability, or continuation of any particular:
Performer.
DJ.
Celebrity.
Athlete.
Driver.
Chef.
Speaker.
Sponsor.
Brand.
Guest.
Activity.
Tournament.
Entertainment element.
Hospitality element.
Food or beverage item.
Viewing location.
Program component.
Changes to any such element do not automatically entitle a purchaser or Ticket holder to a refund.
6. Prices, Fees, and Taxes
Ticket prices and applicable service fees, processing fees, taxes, delivery charges, and other charges will be displayed during checkout where required by applicable law.
Except where required by applicable law:
Fees associated with completed purchases are nonrefundable.
Prices may change before purchase.
Promotions may begin or end at any time.
A lower price offered after purchase does not create a right to a refund, credit, or price adjustment.
NXT UP may offer different prices through different promotions, affiliates, sales periods, Ticket categories, or authorized sales channels.
7. Pricing, Inventory, and Listing Errors
NXT UP may correct pricing, description, inventory, technical, checkout, or other errors.
If a Ticket is inadvertently sold:
At an incorrect price.
With materially incorrect inclusions.
After inventory is exhausted.
Because of a technical or system error.
Because of unauthorized duplication or overselling.
NXT UP may cancel the affected transaction and refund the amount actually paid for the affected Ticket.
To the fullest extent permitted by applicable law, such refund will constitute the purchaser’s sole monetary remedy for that transaction.
8. Right to Reject or Cancel Orders
NXT UP may reject, suspend, or cancel an order before or after confirmation where reasonably necessary because of:
Suspected fraud.
Unauthorized payment.
Pricing or inventory error.
Violation of purchase limits.
Duplicate transactions.
Chargeback activity.
Technical errors.
Misuse of promotional codes.
Unauthorized resale activity.
Security concerns.
Violation of these Ticket Terms.
Legal or regulatory requirements.
Where NXT UP cancels a validly paid order for reasons unrelated to misconduct by the purchaser, NXT UP will provide any refund required by applicable law.
9. All Sales Final; No Refunds
ALL TICKET SALES ARE FINAL.
Except where required by applicable law or expressly authorized by NXT UP in writing:
Tickets are nonrefundable.
Tickets are nonexchangeable.
No credits will be issued.
No partial refunds will be issued.
Unused Ticket components have no cash value.
Failure or inability to attend does not create a right to a refund.
Refunds will not be provided because of:
Change of plans.
Illness.
Personal circumstances.
Travel disruption.
Airline cancellation.
Traffic.
Transportation delay.
Weather.
Failure to arrive on time.
Failure to meet age requirements.
Failure to present identification.
Failure to comply with dress requirements.
Failure to satisfy security or admission requirements.
Failure to possess required travel documentation.
Failure to use some or all Ticket benefits.
Removal from an Event.
Denial of admission based on applicable Event or venue rules.
Dissatisfaction with an Event or experience.
Changes to programming, schedules, performers, guests, hospitality, food and beverage, entertainment, race schedules, qualifying schedules, or similar components.
Nothing in this Section limits a right that cannot lawfully be waived.
10. Event Dates, Times, Locations, and Programming
Event dates, times, entrances, locations, schedules, performers, programming, activities, food and beverage, hospitality offerings, viewing areas, and other Event components are subject to change.
Published schedules may be approximate.
Events may also be affected by:
Venue requirements.
Sporting organizations.
Race organizers.
Broadcasters.
Security requirements.
Transportation providers.
Governmental authorities.
Sponsors.
Other independent third parties.
A modification to one or more Event elements does not automatically constitute cancellation of the Event.
11. Postponement, Rescheduling, and Relocation
If an Event is postponed, rescheduled, or relocated, the applicable Ticket may remain valid for the rescheduled or relocated Event.
Except where required by applicable law, postponement, rescheduling, or relocation does not automatically create a right to a refund.
NXT UP may communicate material changes through email, the Site, TicketSocket, social media, or another reasonable method.
Ticket holders are responsible for monitoring Event communications.
12. Cancellation of an NXT UP Event
If an Event operated directly by NXT UP is cancelled in its entirety and is not rescheduled, NXT UP will provide the remedy required by applicable law.
Where NXT UP elects or is required to issue a refund, the refund may be limited to the amount actually paid for the affected Ticket or Event component, subject to applicable law.
NXT UP will not be responsible for consequential or incidental expenses resulting from cancellation, including:
Airfare.
Hotels.
Ground transportation.
Parking.
Meals.
Lost wages.
Lost opportunities.
Other travel or personal expenses.
13. Partial Cancellation or Unavailable Components
If an Event or Ticket includes multiple components and one component is cancelled, postponed, modified, or unavailable, the remaining components may continue.
Cancellation or unavailability of one component does not automatically require cancellation or refund of the entire package.
Any remedy relating to the affected component will be determined in accordance with applicable law, the applicable third-party provider’s policies, and these Ticket Terms.
14. Third-Party Events and Services
Tickets may include access to products or services provided by independent third parties, including:
Sporting events.
Race hospitality.
Venues.
Hotels.
Air transportation.
Ground transportation.
Food and beverage providers.
Entertainment providers.
Hospitality providers.
Credential providers.
Other event operators.
Third-party components are subject to the applicable provider’s availability, operating requirements, schedules, terms, security requirements, admission policies, cancellation policies, and other rules.
NXT UP does not exercise operational control over independent third parties.
15. Third-Party Cancellation or Modification
If a third-party Event or Ticket component is cancelled, postponed, relocated, modified, or unavailable, NXT UP’s obligations will be subject to applicable law and the rights, remedies, credits, refunds, or replacements actually made available to NXT UP by the applicable provider.
To the fullest extent permitted by applicable law, NXT UP is not required to provide a refund, credit, substitute, or compensation greater than the recovery actually available to NXT UP with respect to the affected third-party component.
16. Force Majeure and Circumstances Outside NXT UP’s Control
To the fullest extent permitted by applicable law, NXT UP will not be liable for delay, interruption, postponement, modification, cancellation, relocation, or inability to provide a Ticket or Event component resulting from circumstances outside NXT UP’s reasonable control.
These may include:
Severe weather.
Natural disasters.
Fire.
Flood.
Earthquake.
Public-health emergencies.
Government action.
War.
Terrorism.
Civil disturbance.
Labor disputes.
Transportation interruption.
Aircraft unavailability.
Vehicle unavailability.
Utility interruption.
Internet or technology failure.
Cyberattack.
Venue closure.
Sporting-event schedule changes.
Race schedule changes.
Safety concerns.
Security threats.
Acts or omissions of independent third parties.
Other circumstances outside NXT UP’s reasonable control.
Any remedy will be limited to what is required by applicable law or expressly provided by NXT UP.
17. Ticket Delivery
Tickets may be delivered through:
Email.
Mobile ticket.
TicketSocket.
Another authorized digital platform.
Will call.
Credential distribution.
Another method designated by NXT UP.
An order confirmation is not necessarily the Ticket itself.
Ticket delivery may be delayed for payment verification, fraud screening, inventory confirmation, identity verification, or operational reasons.
Purchasers are responsible for providing accurate contact information.
18. Lost, Stolen, Damaged, or Inaccessible Tickets
NXT UP does not guarantee replacement of Tickets that are:
Lost.
Stolen.
Deleted.
Damaged.
Transferred incorrectly.
Shared improperly.
Inaccessible because of customer device or account issues.
Proof of purchase and identity verification may be required before a replacement is considered.
If duplicate copies exist, the first Ticket validly scanned or redeemed may be treated as the valid Ticket.
19. Unauthorized Tickets and Counterfeits
NXT UP is not responsible for counterfeit, duplicated, altered, invalid, or unauthorized Tickets obtained through third parties.
Tickets acquired through fraud, unauthorized duplication, automated purchasing, unauthorized resale, payment reversal, or other prohibited conduct may be revoked without compensation to the extent permitted by law.
20. Ticket Transfers
Transfers are permitted only where:
Authorized by NXT UP.
Supported by the applicable ticketing platform.
Permitted by the applicable third-party provider.
Lawful.
NXT UP may establish transfer deadlines, restrictions, identity requirements, or other conditions.
A transferred Ticket remains subject to these Ticket Terms.
21. Resale
Tickets may not be commercially resold, brokered, bundled, or otherwise transferred for profit except where expressly authorized by NXT UP and permitted by applicable law.
NXT UP may prohibit use of Tickets for unauthorized:
Promotions.
Sweepstakes.
Contests.
Giveaways.
Hospitality packages.
Commercial promotions.
Sponsorship activations.
Bundled products.
Tickets acquired or resold in violation of applicable restrictions may be revoked where permitted by law.
22. Purchase Limits
NXT UP may impose Ticket purchase limits based on:
Individual purchaser.
Household.
Organization.
Payment method.
Email address.
Promotional code.
Ticket category.
Other reasonable criteria.
Orders intended to circumvent purchase limits may be cancelled.
23. Promotional and Affiliate Codes
Promotional, referral, affiliate, or discount codes:
May be subject to additional terms.
May expire.
May be limited by Ticket type or inventory.
May not be combined unless expressly permitted.
Have no cash value.
May be cancelled if obtained or used improperly.
NXT UP may correct unauthorized or erroneous promotional discounts before or after purchase, subject to applicable law.
24. Payment Authorization
By submitting payment information, the purchaser represents that the purchaser is authorized to use the applicable payment method.
The purchaser authorizes NXT UP, Stripe, TicketSocket, and applicable financial-service providers to process charges necessary to complete the transaction.
25. Chargebacks and Payment Disputes
A purchaser should contact NXT UP at hello@nxtupnation.live regarding transaction concerns before initiating a chargeback where reasonably practicable.
A chargeback does not create an independent right to a refund.
Where a chargeback or payment dispute occurs, NXT UP may provide Stripe, TicketSocket, the applicable card issuer, bank, payment network, or other provider with:
Transaction records.
Ticket Terms.
Proof of purchase.
Proof of delivery.
Ticket access records.
Scan or admission records.
Event records.
Communications.
Refund policies.
Other information reasonably necessary to respond to the dispute.
NXT UP may cancel Tickets associated with unpaid, reversed, fraudulent, or disputed transactions to the extent permitted by applicable law.
A purchaser remains responsible for valid amounts lawfully owed, including reasonable recovery costs where permitted by applicable law.
26. Admission Requirements
A Ticket does not guarantee admission if the holder fails to meet applicable admission requirements.
Requirements may include:
Valid Ticket.
Government-issued identification.
Minimum age.
Security screening.
Venue rules.
Event rules.
Dress requirements.
Credential requirements.
Applicable releases or waivers.
Compliance with applicable law.
27. Age Restrictions
Minimum age requirements may vary by Event, Ticket, venue, or activity.
The Ticket holder is responsible for reviewing and complying with the applicable age requirements.
Valid government-issued identification may be required.
Failure to satisfy an applicable age requirement does not create a right to a refund.
28. Alcohol
Alcohol service is subject to applicable law and provider or venue policies.
Valid government-issued identification may be required.
NXT UP, venues, and applicable alcohol-service providers may refuse service or remove an attendee for intoxication, unsafe behavior, or violation of applicable rules.
Such refusal or removal does not create a right to a refund.
29. Security, Conduct, and Removal
Ticket holders must comply with applicable laws and reasonable safety, security, Event, and venue rules.
NXT UP and applicable Event or venue personnel may refuse admission or remove an attendee for conduct including:
Violence.
Threats.
Harassment.
Unsafe conduct.
Intoxication.
Fraud.
Unauthorized access.
Credential misuse.
Tampering with equipment.
Interference with Event operations.
Unauthorized commercial activity.
Violation of applicable law.
Material violation of Event or venue rules.
Removal or denial of admission for such conduct does not create a right to a refund except where required by applicable law.
30. Health and Safety
Attendance at live Events may involve exposure to crowds, physical activity, noise, lighting, travel, food and beverage, interactive equipment, communicable illnesses, and other risks associated with public events.
Attendees are responsible for determining whether they are able to safely attend or participate.
NXT UP may implement or enforce reasonable health or safety requirements where appropriate.
31. Tournament and Competition Participation
Purchase or possession of a Ticket does not include entry into any tournament, sim-racing competition, contest, game, or other competitive activity unless expressly stated in the applicable Ticket description.
Tournament participation is subject to separate Official Tournament Rules, eligibility requirements, releases, participant documentation, scoring procedures, equipment rules, and prize requirements.
32. Assumption of Risk
Ticket holders voluntarily assume the ordinary and inherent risks associated with attendance at and participation in live events and experiences.
Such risks may include those associated with:
Crowds.
Transportation.
Interactive activities.
Simulators.
Equipment.
Food and beverage.
Lighting.
Sound levels.
Slips and falls.
Actions of other attendees.
Third-party providers.
Event conditions.
To the fullest extent permitted by applicable law, attendees assume such risks, including risks resulting from ordinary negligence where such risk may lawfully be assumed or released.
Nothing in these Ticket Terms releases liability that cannot lawfully be released.
33. Personal Property
Attendees are responsible for personal property brought to an Event.
To the fullest extent permitted by applicable law, NXT UP is not responsible for personal property that is lost, stolen, misplaced, damaged, or left unattended.
34. Photography, Video, and Recording
Events may be photographed, filmed, livestreamed, broadcast, or otherwise recorded.
To the fullest extent permitted by applicable law, by entering an Event, an attendee grants NXT UP and its authorized partners permission to photograph or record the attendee’s image, likeness, voice, and appearance as incidentally captured during Event coverage and to use such material for lawful:
Promotional.
Editorial.
Social-media.
Archival.
Public-relations.
Event-related purposes.
No additional compensation is owed for such use.
35. Attendee Recording
Personal photography or recording may be allowed subject to applicable Event and venue rules.
Professional photography, commercial recording, livestreaming, broadcasting, or commercial exploitation may be prohibited without prior written authorization.
36. Intellectual Property and Third-Party Brands
NXT UP trademarks, logos, materials, graphics, Site content, and other proprietary materials may not be reproduced or commercially exploited without authorization.
Third-party trademarks, names, logos, Events, venues, teams, racing organizations, and other intellectual property remain the property of their respective owners.
Reference to a third party does not imply a sponsorship, endorsement, partnership, agency, or affiliation beyond what is expressly stated.
37. Accessibility
NXT UP seeks to provide an accessible ticketing and Event experience.
Accessibility requests should be submitted sufficiently in advance to allow reasonable coordination.
Certain accommodations may depend upon the applicable venue or independent provider.
38. TicketSocket, Stripe, Venues, and Other Independent Providers
TicketSocket, Stripe, venues, hotels, transportation providers, hospitality providers, security providers, Event operators, sponsors, and other independent providers are not employees, partners, joint venturers, or agents of NXT UP unless expressly stated otherwise.
NXT UP is not responsible for independent acts, omissions, failures, policies, systems, services, or decisions of such providers except to the extent responsibility cannot lawfully be excluded.
39. Electronic Communications
By providing an email address, telephone number, or other contact information in connection with a purchase, you authorize NXT UP and its providers to send transactional communications reasonably necessary to administer the purchase and Event.
These may include:
Order confirmations.
Ticket delivery.
Schedule updates.
Event instructions.
Security information.
Transportation information.
Customer-service communications.
Marketing communications are subject to applicable law and any separate consent requirements.
40. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, TICKETS, EVENTS, AND RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
NXT UP DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF:
MERCHANTABILITY.
FITNESS FOR A PARTICULAR PURPOSE.
TITLE.
NON-INFRINGEMENT.
AVAILABILITY.
ACCURACY.
RELIABILITY.
NXT UP DOES NOT WARRANT THAT THE SITE, TICKETING SYSTEM, EVENT, THIRD-PARTY SERVICE, VIEWING EXPERIENCE, HOSPITALITY EXPERIENCE, OR OTHER COMPONENT WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET A PARTICULAR PERSON’S EXPECTATIONS.
41. Release of Claims
To the fullest extent permitted by applicable law, each purchaser and Ticket holder releases, waives, and holds harmless Moontower Media, LLC d/b/a Nxt Up Nation, its affiliates, and their respective owners, members, managers, officers, directors, employees, agents, representatives, contractors, and service providers from claims, liabilities, damages, losses, costs, and expenses arising out of or relating to:
Attendance at an Event.
Participation in an Event.
Acceptance or use of a Ticket.
Travel associated with an Event.
Event activities.
Acts or omissions of independent third-party providers.
Ordinary negligence of the Released Parties, to the extent such claims may lawfully be released.
Nothing in these Ticket Terms releases liability that cannot lawfully be released, including liability that applicable law prohibits from being waived in advance.
42. Limitation of Liability
To the fullest extent permitted by applicable law, NXT UP and the Released Parties will not be liable for:
Indirect damages.
Incidental damages.
Consequential damages.
Special damages.
Exemplary damages.
Punitive damages.
Lost profits.
Lost revenue.
Lost income.
Lost opportunity.
Lost business.
Lost goodwill.
Travel expenses.
Hotel expenses.
Transportation expenses.
Personal expenses resulting from inability to attend an Event.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOONTOWER MEDIA, LLC D/B/A NXT UP NATION ARISING OUT OF OR RELATING TO A TICKET, TRANSACTION, EVENT, OR THESE TICKET TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO NXT UP BY THE CLAIMANT FOR THE SPECIFIC TICKET OR PACKAGE GIVING RISE TO THE CLAIM.
The limitations in this Section apply regardless of legal theory, including contract, tort, negligence, strict liability, statute, or otherwise, except where applicable law prohibits such limitation.
43. Indemnification
To the fullest extent permitted by applicable law, a purchaser or Ticket holder agrees to defend, indemnify, and hold harmless Moontower Media, LLC d/b/a Nxt Up Nation and its affiliates and their respective members, managers, officers, directors, employees, agents, representatives, and contractors from third-party claims, liabilities, damages, losses, and reasonable costs arising directly from:
Unlawful conduct.
Fraud.
Intentional misconduct.
Material violation of these Ticket Terms.
Unauthorized Ticket use.
Infringement of another person’s rights.
Damage directly caused by the purchaser’s or attendee’s unlawful or intentional conduct.
Nothing requires indemnification where applicable law prohibits it.
44. Privacy
NXT UP’s collection and processing of personal information is governed by the NXT UP NATION Privacy Policy.
TicketSocket, Stripe, and independent providers may separately process information under their respective privacy practices.
45. Cookies and Similar Technologies
The Site may use cookies and similar technologies as described in the NXT UP NATION Cookie Policy.
46. Informal Dispute Resolution
Before commencing arbitration or litigation, the purchaser or Ticket holder and NXT UP agree to attempt in good faith to resolve the dispute informally.
Written notice must include:
Name.
Contact information.
Applicable order number.
Description of the dispute.
Requested relief.
Notice may be sent to:
hello@nxtupnation.live
or:
Moontower Media, LLC d/b/a Nxt Up Nation
13027 Victory Blvd #130
North Hollywood, CA 91606
The parties will have thirty (30) days after receipt of notice to attempt resolution before commencing formal proceedings, except where immediate relief is legally necessary.
47. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the fullest extent permitted by applicable law, disputes, claims, or controversies arising out of or relating to:
These Ticket Terms.
A Ticket.
A purchase.
The Site.
An Event.
The parties’ relationship.
that cannot be resolved informally will be resolved through individual binding arbitration rather than in court.
The Federal Arbitration Act governs this arbitration agreement.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable consumer arbitration rules.
Either party may bring an individual claim in small claims court where the claim qualifies.
Nothing in this Section prohibits a party from seeking temporary or emergency injunctive relief where legally available.
Nothing in this Section waives any right to public injunctive relief or other remedy that cannot lawfully be waived.
48. Arbitration Authority
Except where applicable law requires otherwise, the arbitrator will have authority to determine disputes concerning the interpretation, scope, applicability, or enforceability of this arbitration agreement.
A court of competent jurisdiction will determine any issue that applicable law requires a court to decide, including the enforceability of any class-action waiver to the extent legally required.
49. Class, Collective, and Representative Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS.
Neither party may bring or participate in a class, collective, consolidated, mass, or representative arbitration or action except to the extent such waiver is prohibited by applicable law.
50. Jury Trial Waiver
To the fullest extent permitted by applicable law, each party waives the right to a jury trial for claims subject to arbitration or otherwise validly subject to a contractual jury waiver.
51. Arbitration Opt-Out
A purchaser may opt out of the arbitration provisions by mailing written notice within thirty (30) days after first accepting these Ticket Terms.
The notice must contain:
Purchaser’s full name.
Email address.
Applicable order number, if available.
A clear statement that the purchaser is opting out of arbitration.
Send the notice to:
Moontower Media, LLC d/b/a Nxt Up Nation
Attn: Arbitration Opt-Out
13027 Victory Blvd #130
North Hollywood, CA 91606
Opting out of arbitration does not affect the remaining provisions of these Ticket Terms.
52. Governing Law
Except where otherwise required by applicable law or governed by the Federal Arbitration Act, these Ticket Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.
53. Court Venue
For any dispute properly permitted to proceed in court, the parties agree, to the fullest extent permitted by applicable law, to exclusive jurisdiction and venue in:
The state courts located in Los Angeles County, California; or
Where federal subject-matter jurisdiction exists, the United States District Court for the Central District of California.
Nothing in this provision deprives a consumer of a nonwaivable right provided by applicable law.
54. Time Limit for Claims
To the fullest extent permitted by applicable law, any claim arising out of or relating to a Ticket, transaction, Event, Site, or these Ticket Terms must be commenced within one (1) year after the claim accrues.
Where applicable law does not permit contractual shortening of a particular limitations period, the legally required limitations period will apply.
55. Mandatory Consumer Rights
Nothing in these Ticket Terms is intended to waive, disclaim, release, or limit a consumer right or statutory protection that applicable law prohibits from being waived.
If a provision conflicts with a mandatory law that cannot be varied by agreement, that mandatory law will control only to the extent necessary to resolve the conflict.
56. Changes to These Ticket Terms
NXT UP may update these Ticket Terms prospectively.
The version in effect when a purchase is completed will generally govern the transaction-specific rights and obligations associated with that purchase, except where:
Applicable law requires otherwise.
The parties expressly agree otherwise.
An update relates only to prospective Site use or future transactions.
57. Event-Specific and Third-Party Terms
Additional terms may apply to a specific:
Event.
Venue.
Ticket.
Hospitality package.
Tournament.
Transportation service.
Accommodation.
Race or sporting event.
Third-party service.
More specific terms control with respect to their specific subject matter.
Official Tournament Rules control tournament participation and competition matters.
Venue rules control admission and conduct at the venue.
58. Entire Agreement
These Ticket Terms, together with:
The applicable Ticket description.
Checkout terms.
Event-specific terms.
Privacy Policy.
Cookie Policy.
Official Tournament Rules where applicable.
Other terms expressly incorporated into the transaction.
constitute the agreement governing the applicable Ticket purchase and use.
No oral statement, sales conversation, social-media communication, marketing statement, or informal communication modifies these Ticket Terms unless expressly incorporated into a written agreement authorized by NXT UP.
59. No Agency or Partnership
Purchase or use of a Ticket does not create an agency, employment, partnership, joint venture, fiduciary, franchise, or similar relationship between the purchaser or Ticket holder and NXT UP.
60. Third-Party Beneficiaries
Except as expressly provided below, these Ticket Terms do not create rights in third parties.
NXT UP’s affiliates, officers, directors, members, managers, employees, agents, representatives, contractors, TicketSocket, Stripe, applicable venues, and other service providers may enforce provisions expressly intended for their protection, including applicable releases, disclaimers, limitations of liability, and indemnification provisions, to the extent permitted by law.
61. Assignment
Purchasers and Ticket holders may not assign contractual rights under these Ticket Terms except in connection with a permitted Ticket transfer.
NXT UP may assign or transfer its rights or obligations in connection with:
An Event.
Merger.
Acquisition.
Reorganization.
Sale of assets.
Business transfer.
Transfer of Event operations.
subject to applicable law.
62. Severability
If a provision of these Ticket Terms is determined to be invalid, unlawful, or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain effective.
63. Waiver
Failure by NXT UP to enforce a provision in one instance does not constitute a waiver of that provision or the right to enforce it later.
64. Electronic Records and Signatures
Electronic acceptance of these Ticket Terms, electronic communications, and electronic transaction records will have the same effect as their paper equivalents to the extent permitted by applicable law.
65. Survival
Provisions concerning:
Payment obligations.
Chargebacks.
Intellectual property.
Releases.
Assumption of risk.
Limitations of liability.
Indemnification.
Arbitration.
Governing law.
Venue.
Other provisions intended by their nature to continue.
will survive completion or cancellation of the applicable Event.
66. Contact Us
Ticket, order, Event, or customer-service questions may be submitted through the Site or by email:
hello@nxtupnation.live
Legal notices may be mailed to:
Moontower Media, LLC d/b/a Nxt Up Nation
13027 Victory Blvd #130
North Hollywood, CA 91606