These Terms of Service (“Terms”) govern your access to and use of tickets.nxtupnation.live, associated webpages, checkout interfaces, forms, content, functionality, and other online services made available by Moontower Media, LLC d/b/a Nxt Up Nation (“NXT UP,” “we,” “us,” or “our”) in connection with the ticketing website (collectively, the “Site”).
By accessing, browsing, or using the Site, you agree to these Terms. Where an affirmative acceptance mechanism is presented, clicking or selecting that mechanism constitutes your electronic acceptance of these Terms.
If you purchase, receive, transfer, possess, or use a ticket, pass, credential, hospitality package, upgrade, add-on, or other event-related product or service, your transaction and use are also governed by the NXT UP NATION Ticket Terms & Conditions.
1. About the Site
The Site provides information and functionality relating to NXT UP events, experiences, tickets, hospitality offerings, tournaments, promotions, and related products and services.
The Site may permit users to:
Review Event information.
Purchase Tickets.
Register for experiences.
Access Ticket information.
Submit forms.
Communicate with NXT UP.
Participate in promotions or registration processes.
Access third-party ticketing, payment, venue, hospitality, transportation, or other service-provider functionality.
The Site does not guarantee availability of any particular Ticket, Event, product, service, benefit, credential, experience, promotion, or inventory.
2. Eligibility to Use the Site
You may use the Site only if you are legally capable of entering into a binding agreement.
If you use the Site on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.
Certain Tickets, Events, hospitality experiences, competitions, tournaments, or activities may have separate age, identification, eligibility, or participation requirements.
3. Acceptance of These Terms
By accessing or using the Site, you acknowledge that you have read and agree to these Terms.
If you do not agree to these Terms, you should not use the Site.
Certain transactions or activities may require separate affirmative acceptance of additional terms before you may complete the transaction or participate.
4. Additional Terms
Certain Site features, Tickets, Events, competitions, experiences, or services may be governed by additional terms, including:
Ticket Terms & Conditions.
Official Tournament Rules.
Participant waivers and releases.
Event-specific terms.
Venue rules.
Hospitality terms.
Transportation terms.
Promotional terms.
Prize terms.
Third-party provider terms.
Those terms are incorporated where applicable.
If these Terms conflict with terms specifically governing a particular purchase, Ticket, Event, tournament, experience, or service, the more specific terms will control with respect to that subject matter.
5. Ticket Purchases
All Ticket purchases are governed by the NXT UP NATION Ticket Terms & Conditions.
Those terms govern matters including:
Ticket sales.
Pricing.
Payment.
Fees.
Refunds.
Exchanges.
Event changes.
Postponement.
Cancellation.
Ticket delivery.
Transfers.
Resale.
Chargebacks.
Admission.
Event conduct.
Assumption of risk.
Event recording.
Liability.
Dispute resolution.
Nothing in these Terms creates a refund, exchange, credit, reimbursement, replacement, or other Ticket right beyond those expressly provided in the applicable Ticket Terms & Conditions or required by applicable law.
6. 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 functionality are provided through TicketSocket, Inc.
Payment processing is provided through Stripe and applicable banks, financial institutions, card networks, and payment providers.
TicketSocket and Stripe are independent service providers. They do not produce, promote, operate, or fulfill NXT UP Events unless expressly stated otherwise.
Their products and services may be subject to their own terms, policies, privacy practices, technical requirements, and operating procedures.
7. Independent Third-Party Providers
The Site and NXT UP Events may rely upon independent third parties, including:
TicketSocket.
Stripe.
Financial institutions.
Payment networks.
Hosting providers.
Fraud-prevention providers.
Email providers.
Analytics providers.
Venues.
Hotels.
Transportation providers.
Hospitality providers.
Security providers.
Technology providers.
Event operators.
Race or sporting-event operators.
Sponsors.
Other service providers.
Unless expressly stated otherwise, such parties are independent contractors and are not employees, partners, joint venturers, fiduciaries, or agents of NXT UP.
To the fullest extent permitted by applicable law, NXT UP is not responsible for the independent acts, omissions, systems, outages, errors, policies, services, decisions, or conduct of third parties.
8. Accounts and Credentials
Certain Site or ticketing functionality may permit or require creation of an account.
If you create or use an account, you are responsible for:
Providing accurate information.
Maintaining accurate information.
Protecting passwords and authentication credentials.
Restricting unauthorized access.
Maintaining control over devices used to access the account.
Activity reasonably attributable to your account or credentials.
You may not impersonate another person or entity, create an account using materially false information, or access an account without authorization.
You should promptly notify the applicable platform provider or NXT UP if you become aware of suspected unauthorized access.
9. Accurate Information
You agree to provide truthful, complete, current, and accurate information when:
Making a purchase.
Creating an account.
Registering for an Event.
Entering a Tournament.
Submitting a form.
Requesting support.
Providing payment information.
Providing identification information.
Providing eligibility information.
Providing tax information.
Claiming a prize.
NXT UP may reasonably rely upon information submitted through the Site.
Providing materially false, misleading, fraudulent, incomplete, or unauthorized information may result in cancellation of a transaction, revocation of a Ticket, denial of admission, disqualification, suspension of Site access, or other action permitted by applicable law.
10. Permitted Use
You may use the Site only for lawful purposes consistent with these Terms.
You may not use the Site in a manner that:
Violates applicable law.
Violates another person’s rights.
Interferes with Site operation.
Compromises Site security.
Facilitates fraud.
Circumvents Ticket restrictions.
Circumvents purchasing limits.
Harms NXT UP, its users, or its service providers.
11. Prohibited Conduct
You may not:
Access systems, accounts, or data without authorization.
Attempt to bypass security controls.
Probe, scan, or test vulnerabilities without authorization.
Introduce malware, malicious code, viruses, or harmful technology.
Interfere with or disrupt Site infrastructure.
Conduct denial-of-service or similar attacks.
Use unauthorized bots, scripts, automated purchasing tools, scraping tools, crawlers, or similar technology.
Circumvent Ticket purchase limits.
Manipulate Ticket inventory.
Manipulate pricing or availability.
Misuse promotional or affiliate codes.
Use stolen, fraudulent, or unauthorized payment information.
Create fraudulent or misleading accounts.
Impersonate another person or entity.
Circumvent authentication measures.
Interfere with another user’s access.
Copy Site content for unauthorized commercial purposes.
Reverse engineer Site functionality except where expressly permitted by applicable law.
Use the Site to infringe intellectual property, privacy, publicity, contractual, or other rights.
Facilitate unauthorized resale or commercial exploitation of Tickets.
Engage in conduct intended to impair or manipulate the Site, checkout process, inventory, transactions, or Event operations.
12. Bots and Automated Access
Automated access to the Site is prohibited except where expressly authorized by NXT UP in writing or required to be permitted by applicable law.
This prohibition includes automated systems used to:
Purchase Tickets.
Hold or reserve inventory.
Circumvent purchase limits.
Scrape Ticket inventory.
Scrape pricing.
Collect personal information.
Monitor Site functionality for unauthorized commercial use.
Overload or disrupt infrastructure.
Circumvent technical restrictions.
Obtain an unfair purchasing advantage.
NXT UP may block, restrict, suspend, or investigate automated activity where reasonably necessary to protect the Site, Ticket inventory, users, or service providers.
13. Fraud Prevention and Transaction Review
NXT UP and its service providers may use fraud-prevention, identity-verification, transaction-monitoring, payment-authentication, and security measures.
Transactions may be:
Reviewed.
Delayed.
Declined.
Cancelled.
Suspended.
Subject to additional verification.
where reasonably necessary to investigate suspected fraud, unauthorized payment activity, misuse, security risks, Ticket abuse, or violations of these Terms.
NXT UP is not obligated to disclose confidential fraud-detection criteria or security procedures.
14. Site Availability
NXT UP does not guarantee that the Site will always be:
Available.
Continuous.
Uninterrupted.
Error-free.
Secure.
Compatible with every device or browser.
Free from delays.
Free from technical problems.
The Site may be affected by maintenance, traffic volume, third-party outages, hosting failures, payment system failures, internet interruptions, cybersecurity incidents, software errors, hardware failures, force majeure events, or other circumstances.
NXT UP may modify, suspend, restrict, discontinue, or replace any Site functionality at any time, subject to applicable law and existing contractual obligations.
15. Ticket and Inventory Availability
Display of a Ticket, Event, package, upgrade, or other product on the Site does not guarantee availability.
Inventory may change without notice.
A Ticket is not reserved merely because it:
Appears on the Site.
Has been selected.
Has been placed in a cart.
Appears during checkout.
unless the applicable checkout system expressly confirms a temporary reservation.
An order is not complete until payment is successfully processed and the order is accepted.
16. Pricing and Site Errors
The Site may occasionally contain:
Typographical errors.
Pricing errors.
Inventory errors.
Availability errors.
Incorrect descriptions.
Technical errors.
Incorrect Event information.
Broken links.
Display errors.
NXT UP reserves the right to correct errors.
Transactions affected by material pricing, inventory, Ticket, or description errors will be handled under the applicable Ticket Terms & Conditions and applicable law.
17. Event and Promotional Information
Event, Ticket, hospitality, performer, guest, schedule, race, venue, transportation, menu, sponsor, or other information presented on the Site may be subject to change.
Promotional photographs, videos, renderings, descriptions, illustrations, social-media content, and marketing materials may be representative and do not create additional contractual benefits unless expressly incorporated into the applicable Ticket description or written agreement.
18. No Reliance on Informal Communications
Unless expressly incorporated into a written transaction or agreement, statements made through:
Social media.
Informal email.
Text messages.
Marketing communications.
Advertising.
Sales conversations.
Interviews.
Promotional content.
Third-party websites.
do not modify these Terms or create contractual guarantees concerning a Ticket, Event, product, service, experience, or benefit.
19. Promotional, Affiliate, and Referral Codes
Promotional, affiliate, discount, and referral codes may:
Expire.
Be limited to specified Tickets.
Be limited by inventory.
Be restricted to certain users.
Be nontransferable.
Be subject to additional terms.
Be cancelled if obtained or used improperly.
Be unavailable for combination with other promotions.
Codes have no cash value unless expressly stated otherwise.
20. Intellectual Property
The Site and materials made available through it may include:
Text.
Designs.
Graphics.
Logos.
Photographs.
Videos.
Audio.
Software.
Interfaces.
Layouts.
Event concepts.
Marketing materials.
Trademarks.
Service marks.
Trade names.
Other proprietary content.
Such materials are owned by or licensed to NXT UP or their respective rights holders and are protected by applicable intellectual property laws.
Except where expressly authorized, you may not:
Copy.
Reproduce.
Republish.
Distribute.
Display.
Modify.
Sell.
License.
Create derivative works from.
Commercially exploit.
Site content without applicable authorization.
21. NXT UP NATION Marks
“NXT UP NATION,” NXT UP branding, associated logos, graphics, Event names, slogans, and other proprietary identifiers may be trademarks, service marks, trade names, or other proprietary property of Moontower Media, LLC.
Accessing the Site or purchasing a Ticket does not grant any license or right to use those marks.
22. Third-Party Intellectual Property
The Site may reference or display trademarks, logos, event names, sporting properties, race names, venues, teams, drivers, sponsors, hospitality providers, or other intellectual property owned by third parties.
Such rights remain with their respective owners.
Reference to or display of third-party intellectual property does not itself establish ownership, endorsement, partnership, agency, sponsorship, or affiliation beyond what is expressly stated.
23. Third-Party Links
The Site may contain links to websites, platforms, applications, social networks, venues, payment providers, Event operators, sponsors, or other services operated by third parties.
NXT UP does not control such websites or services.
Third-party links are provided for convenience and do not necessarily constitute endorsement.
Your use of third-party websites or services is subject to the applicable third party’s terms, policies, and practices.
24. User Submissions
Where the Site allows users to submit information, comments, questions, photographs, materials, feedback, or other content, you represent and warrant that:
You have the right to submit the material.
The submission is accurate where accuracy is required.
The submission does not violate applicable law.
The submission does not infringe another person’s rights.
The submission does not contain malicious technology.
The submission does not contain unlawful or fraudulent material.
You remain responsible for your submissions.
25. License for User Submissions
To the extent you voluntarily submit content for publication, promotion, display, or use by NXT UP, and except where a separate agreement provides otherwise, you grant NXT UP a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, and use that content for the purpose for which it was submitted and for related legitimate business purposes.
This Section does not override applicable privacy, publicity, copyright, or consumer-protection rights.
26. Feedback
If you voluntarily provide suggestions, comments, ideas, concepts, or feedback concerning NXT UP, the Site, or NXT UP Events, you grant NXT UP permission to use that feedback for legitimate business purposes without compensation or obligation to you, unless otherwise agreed in writing.
27. Privacy
NXT UP’s collection and processing of personal information through the Site is governed by the NXT UP NATION Privacy Policy.
TicketSocket, Stripe, and other independent third parties may separately process information under their own privacy practices.
28. Cookies and Similar Technologies
The Site may use cookies and similar technologies as described in the NXT UP NATION Cookie Policy.
29. Accessibility
NXT UP seeks to provide an accessible online experience.
Information concerning accessibility and requests for assistance is available in the NXT UP NATION Accessibility Statement.
30. Electronic Communications
By providing an email address, telephone number, or other contact information in connection with the Site, you authorize NXT UP and applicable service providers to send transactional and operational communications reasonably necessary to administer:
Purchases.
Ticket delivery.
Event updates.
Registration.
Customer support.
Security notifications.
Schedule changes.
Tournament participation.
Prize fulfillment.
Transportation information.
Other requested services.
Marketing communications are subject to applicable consent requirements and applicable law.
31. Electronic Records and Signatures
You consent to the use of electronic records, electronic agreements, electronic disclosures, and electronic signatures in connection with the Site and transactions where permitted by applicable law.
An electronic acceptance or signature may have the same legal effect as a handwritten signature.
NXT UP and its service providers may retain electronic records relating to transactions, acceptance of terms, communications, and other Site activity.
32. Security
NXT UP and its service providers may use administrative, technical, and organizational safeguards intended to protect the Site and information processed through it.
No internet transmission, website, payment platform, electronic communication, or electronic storage system can be guaranteed to be completely secure.
NXT UP does not warrant that unauthorized third parties will never defeat applicable security measures.
Users are responsible for taking reasonable precautions when accessing the Site and protecting their own devices, accounts, and credentials.
33. Suspension or Termination of Access
NXT UP may restrict, suspend, block, or terminate Site access where reasonably necessary because of:
Violation of these Terms.
Fraud.
Suspected fraud.
Illegal conduct.
Security threats.
Site abuse.
Unauthorized automation.
Harassment.
Threats.
Unauthorized access.
Repeated transaction abuse.
Conduct harmful to NXT UP, users, Events, or service providers.
Termination or restriction of Site access does not itself create a right to a refund.
Any Ticket rights remain governed by the applicable Ticket Terms & Conditions and applicable law.
34. Reservation of Rights
NXT UP reserves all rights not expressly granted under these Terms.
No failure or delay by NXT UP to exercise a right constitutes a waiver of that right.
NXT UP may take reasonable technical, contractual, administrative, or legal measures to protect:
The Site.
Ticket inventory.
Events.
Intellectual property.
Users.
Service providers.
Security.
Business operations.
35. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, INFORMATION, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NXT UP DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
MERCHANTABILITY.
FITNESS FOR A PARTICULAR PURPOSE.
TITLE.
NON-INFRINGEMENT.
ACCURACY.
AVAILABILITY.
RELIABILITY.
SECURITY.
COMPLETENESS.
NXT UP DOES NOT WARRANT THAT:
THE SITE WILL OPERATE WITHOUT INTERRUPTION.
THE SITE WILL BE ERROR-FREE.
DEFECTS WILL ALWAYS BE CORRECTED.
THE SITE WILL BE COMPATIBLE WITH EVERY DEVICE.
THIRD-PARTY SERVICES WILL REMAIN AVAILABLE.
THE SITE WILL BE FREE OF HARMFUL COMPONENTS.
INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT.
36. Limitation of Liability
To the fullest extent permitted by applicable law, Moontower Media, LLC d/b/a Nxt Up Nation, its affiliates, and their respective members, managers, officers, directors, employees, agents, representatives, contractors, licensors, and service providers will not be liable for:
Indirect damages.
Incidental damages.
Consequential damages.
Special damages.
Exemplary damages.
Punitive damages.
Lost profits.
Lost revenue.
Lost income.
Lost business.
Lost opportunity.
Lost goodwill.
Loss of data.
Loss resulting from Site interruption.
Loss resulting from unauthorized access.
Loss resulting from third-party systems or services.
arising out of or relating to use of or inability to use the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NXT UP’S AGGREGATE LIABILITY ARISING SOLELY FROM USE OF THE SITE, AND NOT FROM A SEPARATE TICKET TRANSACTION, EVENT, TOURNAMENT, PRIZE, OR OTHER SPECIFIC AGREEMENT, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID DIRECTLY TO NXT UP BY THE CLAIMANT SPECIFICALLY FOR USE OF THE SITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Claims relating to Tickets, Events, tournaments, prizes, transportation, hospitality, or other specific transactions are subject to the liability provisions contained in the applicable governing terms, rules, waivers, or agreements.
These limitations apply regardless of the form of action or legal theory, including contract, tort, negligence, strict liability, statute, or otherwise, except where applicable law prohibits such limitation.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
37. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Moontower Media, LLC d/b/a Nxt Up Nation, its affiliates, and their respective members, managers, officers, directors, employees, agents, representatives, contractors, and service providers from third-party claims, liabilities, damages, losses, judgments, penalties, and reasonable costs and expenses arising directly from:
Your unlawful use of the Site.
Your fraud.
Your intentional misconduct.
Your material violation of these Terms.
Your infringement or misappropriation of another person’s rights.
Your unauthorized access to systems or accounts.
Content you submit in violation of these Terms.
Your use of unauthorized automated technology.
Nothing in this Section requires indemnification where prohibited by applicable law.
38. Force Majeure
To the fullest extent permitted by applicable law, NXT UP will not be liable for delay, interruption, failure, or inability to operate the Site or provide Site functionality resulting from circumstances outside NXT UP’s reasonable control, including:
Natural disasters.
Severe weather.
Fire.
Flood.
Earthquake.
Public-health emergencies.
Governmental action.
War.
Terrorism.
Civil disturbance.
Labor disputes.
Utility failures.
Internet failures.
Hosting failures.
Telecommunications failures.
Cyberattacks.
Third-party outages.
Payment-network failures.
Other circumstances outside NXT UP’s reasonable control.
39. Informal Dispute Resolution
Before commencing arbitration or litigation concerning these Terms or Site use, you and NXT UP agree to attempt in good faith to resolve the dispute informally.
Written notice should include:
Your full name.
Contact information.
Applicable order number, if any.
A description of the dispute.
The factual basis of the dispute.
The relief requested.
Notice may be submitted to:
hello@nxtupnation.live
or mailed to:
Moontower Media, LLC d/b/a Nxt Up Nation
13027 Victory Blvd #130
North Hollywood, CA 91606
The parties will have thirty (30) days following receipt of the notice to attempt to resolve the dispute before commencing formal proceedings, except where immediate legal relief is reasonably necessary.
40. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to:
These Terms.
The Site.
Access to the Site.
Use of the Site.
Site content.
The relationship between you and NXT UP arising from Site use.
that cannot be resolved informally will be resolved through individual binding arbitration rather than in court.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA consumer arbitration rules then in effect, except where those rules conflict with applicable law.
Either party may bring an individual claim in small claims court if the claim qualifies.
Nothing in this Section prevents either party from seeking temporary or emergency injunctive relief where legally permitted.
Nothing in this Section waives any right or remedy that cannot lawfully be waived.
41. Arbitration Authority
Except where applicable law requires otherwise, the arbitrator will have authority to determine disputes regarding the interpretation, scope, applicability, and enforceability of the arbitration agreement.
A court of competent jurisdiction will determine any matter that applicable law requires a court to decide.
42. Class, Collective, Mass, 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 action.
Collective action.
Consolidated action.
Mass action.
Representative action.
Class arbitration.
Collective arbitration.
Mass arbitration.
except to the extent applicable law prohibits enforcement of such a waiver.
If a particular claim or requested remedy cannot lawfully be subjected to this waiver, that claim or remedy will be addressed in the forum required by applicable law without invalidating the remainder of the arbitration agreement to the extent permitted.
43. Jury Trial Waiver
To the fullest extent permitted by applicable law, each party waives the right to a jury trial for claims validly subject to arbitration or otherwise validly subject to a contractual jury-trial waiver.
44. Arbitration Opt-Out
You may opt out of the arbitration provisions by mailing written notice within thirty (30) days after first accepting these Terms.
The notice must contain:
Your full legal name.
Your email address.
Applicable order number, if any.
A clear statement that you are opting out of the arbitration agreement.
Mail 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 Terms.
45. Governing Law
Except where otherwise required by applicable law or governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
46. 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 these Terms deprives a consumer of any jurisdictional or venue right that cannot lawfully be waived.
47. Time Limit for Claims
To the fullest extent permitted by applicable law, any claim arising out of or relating solely to Site use or these Terms must be commenced within one (1) year after the claim accrues.
If applicable law prohibits contractual shortening of a particular limitations period, the legally required limitations period will apply to that claim.
48. Mandatory Consumer Rights
Nothing in these Terms is intended to waive, release, disclaim, or limit any consumer right or statutory protection that applicable law prohibits from being waived.
If a provision conflicts with mandatory applicable law, the mandatory law will control only to the extent necessary to resolve that conflict.
49. Changes to the Site
NXT UP may modify, remove, replace, suspend, or discontinue:
Site content.
Features.
Integrations.
Event listings.
Purchase flows.
Functionality.
Service providers.
Site design.
at any time, subject to applicable law and existing contractual obligations.
50. Changes to These Terms
NXT UP may update these Terms from time to time.
The “Last Updated” date identifies the most recent version.
Updated Terms will apply prospectively except where applicable law permits or requires otherwise.
Where required by applicable law, NXT UP will provide notice of material changes or obtain additional consent.
51. No Agency, Partnership, or Fiduciary Relationship
Use of the Site does not create an:
Employment relationship.
Agency relationship.
Partnership.
Joint venture.
Fiduciary relationship.
Franchise.
Sponsorship.
Endorsement relationship.
between you and NXT UP.
52. Third-Party Beneficiaries
Except as expressly provided in these Terms, no person or entity is a third-party beneficiary.
NXT UP’s affiliates, members, managers, officers, employees, agents, contractors, TicketSocket, Stripe, and applicable service providers may enforce provisions expressly intended for their protection, including applicable disclaimers, releases, limitations of liability, and indemnification provisions, to the extent permitted by applicable law.
53. Assignment
You may not assign or transfer your rights or obligations under these Terms without NXT UP’s prior written consent.
NXT UP may assign or transfer its rights or obligations in connection with:
A merger.
Acquisition.
Reorganization.
Sale of assets.
Business transfer.
Financing transaction.
Transfer of Site operations.
Transfer of Event operations.
subject to applicable law.
54. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.
The remaining provisions will remain in full force and effect.
55. Waiver
Failure or delay by NXT UP in exercising or enforcing any right or provision does not constitute a waiver of that right or provision.
A waiver in one instance does not constitute a continuing or future waiver.
56. Entire Agreement
These Terms, together with any policies or agreements expressly incorporated into them, constitute the agreement governing general use of the Site.
Ticket purchases, Event attendance, Tournament participation, prize acceptance, transportation, hospitality, and other specific products or services may be governed by separate or additional agreements.
No oral statement or informal communication modifies these Terms unless expressly confirmed in a written agreement authorized by NXT UP.
57. Order of Precedence
If multiple NXT UP agreements apply:
Ticket Terms & Conditions govern Ticket purchases and general Event admission.
Official Tournament Rules govern Tournament competition and prizes.
Participant waivers govern applicable releases, risk acknowledgements, and participation requirements.
Event-specific terms govern the specific Event or experience identified in those terms.
These Terms govern general Site use.
The more specific agreement controls with respect to its particular subject matter.
58. Headings
Section titles and headings are provided for convenience only and do not limit or otherwise affect interpretation of these Terms.
59. Survival
Provisions that by their nature should continue after termination or cessation of Site use will survive, including provisions concerning:
Intellectual property.
User obligations.
Disclaimers.
Limitations of liability.
Indemnification.
Dispute resolution.
Arbitration.
Governing law.
Venue.
Claim limitations.
60. Contact Us
Questions concerning the Site or these Terms may be submitted to:
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