Terms of Use

Aurora Retro Nights Terms and Conditions

These Terms and Conditions apply to any purchases on our site, https://auroraretronights.com (the “Site”), including through any third party vendor, currently Eventbrite (a “Vendor”), made on or after July 26, 2024, including any ticket sales related to our events.

  1. Currency

All ticket prices for events that occur in the United States are stated in U.S. Dollars.

  1. Payment Methods

The payment method for ticket purchases is designated by the Vendor.

  1. Service Fees, Order Processing Fees, Taxes, and Shipping Charges

Tickets purchased on our Site and through our Vendor are typically subject to, among other possible fees, a per ticket service fee and a per order processing fee. In some instances, you may be able to purchase tickets directly from the venue box office without paying a service fee. We or our Vendor will collect tax as required by state and local laws. We or our Vendor may display the tax separately or include it in the total service fee amount. In many cases, you may need to pay a shipping or delivery fee. Any shipping or delivery charges are calculated based on delivery location and shipping method. Please note that the delivery fee, as well as the order processing fee, may not reflect the actual cost to deliver or process your order, and in some cases, these fees may include a profit to us or our Vendor.

  1. Number of Tickets or “Ticket Limits”

When purchasing tickets on our Site or through our Vendor, you may be limited to a specified number of tickets for each event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Each account must be linked to a unique individual, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits, we reserve the right to cancel, without notice, any or all orders and tickets, in addition to prohibiting your ticket purchasing abilities. Any tickets canceled due to violating the posted ticket limit may be refunded at face value (excluding fees). This includes orders associated with the same name, e-mail address, billing address, credit card number, or other information.

  1. Opening Acts / Festival Acts / Artists and Set Times are Subject to Change

Opening acts, guests, or undercards (each an “Opening Act”) may sometimes tour with headlining performers. We are not always made aware of Opening Acts or the length of their performances. Opening Acts, as well as festival performers, are subject to change or cancelation at any time without notice. No refund will be owed if an Opening Act or festival performer is changed or canceled. Event artists and set times are subject to change without notice.

  1. Refunds, Credits, and Exchanges

All sales are final and no refunds are available under any circumstances, except as required under applicable law. Before purchasing tickets, carefully review your event and seat selection. Tickets cannot be replaced if they are lost, stolen, or damaged.

Occasionally, events are canceled, postponed, rescheduled to a different date or materially different time, or moved to a different venue:

If the event is canceled (including any postponement where the event is not rescheduled within 90 days of the postponement): no refunds are available except as required under applicable law. You bear the risk that the event is cancelled due to inclement weather, strike, riot, government order, pandemic or epidemic, war, or similar force majeure event.

If the event is postponed, rescheduled, or moved: your ticket(s) (including any additional add-ons or upgrades, such as parking) are still valid, and no further action is required.

If your event is canceled, postponed, rescheduled, or moved, we will attempt to contact you to update you on the status of the event, and inform you of any refund, credit, or exchange procedures. For exact instructions on any particular canceled, postponed, rescheduled, or moved event, please check the event information online, or contact us.

We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.

Refunds. If your event is eligible for a refund under applicable law, we will issue a refund of the ticket price you paid (or, for a discounted ticket, then instead the discounted ticket price paid). In no event will expedited shipping charges, merchandise purchases, convenience fees, processing fees, point-of-sale fees, add-ons (like parking) or any other amounts be refunded.

If a refund is issued, it will be processed to the original method of payment used at time of purchase. We cannot issue a refund to a different credit or debit card (this includes refund requests made through the self-service option). If your credit card or debit card number has changed, but is for the same account (e.g., a new card has been issued for the same account), the refund will be processed to that account.

Please note that seating maps are representative of a venue’s layout; however, they are subject to change at any time, and refunds are not allowed if the seating map is updated, if additional seats / rows are added, or if seats change as a result of a venue change after purchase.

We may occasionally offer tickets at a discount after the original on-sale date, and will not refund the difference between the original price and the sale price. In addition, there are no refunds, returns, or exchanges for digital downloads or hotel / festival packages.

Merchandise. All merchandise purchases are final, and in no event will there be refunds, exchanges, or credits for merchandise purchases.

  1. Account, Order, and Billing Information Verification

All information on accounts and orders must be valid and are subject to verification. Orders are subject to credit card approval, and are processed only after the billing address associated with your credit card and other billing information have been verified. Orders that are placed, or attempted to be placed, using an account with any information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder—such as name, address, email address, phone number, IP address, or other account or billing information—are subject to cancelation, at any time. Furthermore, if your order is canceled for any of the foregoing reasons, we may sell your tickets to another customer without further notice.

  1. Delivery Options

Different combinations of delivery methods may be offered, depending on a number of factors—including (but not limited to) the venue where the event is to be held, how much time is left before the event starts, whether it is a holiday season, and the nature of the demand for the event. Delivery options are determined by us or our Vendor and can vary from event to event. Please carefully review the list of delivery methods offered during the purchase process. For security purposes, we can only ship tickets to the billing address on file with the method of payment that is used for your purchase.

  1. Limitation of Liability

Stay alert at all times before, during, and after performance. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, including risks and danger related to the acts or omissions or other event attendees and event performers, whether occurring before, during or after the event, and you waive any claims for personal injury or death, or damage to property, against us, our Vendor, management, facilities, artists, other participants, and all of our or their respective parents, affiliated entities, agents, officers, directors, owners, and employees. You bear all risks of inclement weather. Event date and time are subject to change. Please see the Limitation of Liability section in the Terms of Use for additional limits on our liability.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against us, our Vendor, management, facilities, artists, other participants, and all of our or their respective parents, affiliated entities, agents, officers, directors, owners, and employees, relating to such risks, hazards, and dangers.

Medical Consent. You consent to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the event and affirmatively release us and all persons participating in such medical treatment from all responsibility for any such actions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and Conditions and which if known, might materially affect your consent to these Terms and Conditions. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF THIS SECTION 10 IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR NEGLIGENCE OR INTENTIONAL WRONGDOING, INCLUDING WHILE ATTENDING THE EVENT, (C) YOUR BREACH OF THESE TERMS AND CONDITIONS OR ANY OTHER TERMS ON THE SITE, AND (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

  1. License; Ejection and Cancelation; No Redemption Value

You agree to comply with all of our applicable rules, policies, terms, and conditions related to the event, including rules posted at the event, communicated to you in writing, or communicated to you verbally at the event by our staff (“Event Rules”). We 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 Rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused. A ticket is not redeemable for cash.

  1. Recording, Transmission and Exhibition

You agree that the event for which you purchase tickets 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 us, our Vendor, our partners, licensees and assigns, including but not limited to our brand and media partners, 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.

User may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain short-form video and still photographs (collectively “Personal Content“). By way of example, personal, non-commercial, photography and video devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens).

Without our express prior written permission, you may not bring any of the following devices into the event: Any photography device which is designed for, or suitable for, any commercial purpose, selfie sticks, tripods, monopods, boom arms, any device which could be used to mount or hold a photography device or could be used to extend your reach. We reserve the right, in our sole discretion, to prohibit any device we believe may be used in violation of these Terms and Conditions, which we believe poses a safety risk, or which we believe may lessen the enjoyment of the event by others.

YOU MAY NOT MAKE ANY COMMERCIAL USE OF ANY PERSONAL CONTENT WITHOUT OUR PRIOR WRITTEN PERMISSION. By way of example, commercial use may include, but is not limited to, posting Personal Content on a website that sells a product, or displays any ads or sponsored links; using or causing Personal Content to appear in any publication, magazine, serial, or book; using Personal Content to sell, sponsor, or endorse a product; or using Personal Content on any website that is or appears to be affiliated or associated with, or sponsored by the event or us. We reserve the right to prohibit any use of Personal Content which we believe is in violation of the Terms and Conditions. We in our sole discretion may determine what constitutes a commercial use not permitted by the Terms and Conditions.

You may use Personal Content for your own direct, noncommercial, use. Examples of direct, noncommercial use include, but are not limited to, posting Personal Content on your own personal social media account (e.g., TikTok, Facebook, Instagram, or Twitter); posting Personal Content to personal website or personal content sharing site (unless the account, personal website or personal content sharing site is affiliated or associated with a commercial use); and sharing Personal Content with your personal friends or family (whether in electronic or physical media). Direct, noncommercial, use never involves posting of Personal Content on any website or server, or in any other media whether electronic or physical, which sells any product or service, or features or contains any advertisements or sponsored links, or which purports or appears in any way, to be an official or affiliated website of the event or us. Without our express prior written permission, you may not sell, transfer, license, sublicense, give or otherwise transfer any Personal Content or ownership therein.

Without our express prior written permission, Personal Content that contains any nudity or partial nudity or footage of event artist performances may not be used for any purpose.

Assignment of Copyrights. Unless otherwise expressly agreed to in writing by us, you assign to us the exclusive ownership to your Personal Content and to any audio recordings taken at the event by you. We may execute any assignment documents on your behalf as necessary to perfect your ownership, and you appoint us as your attorney-in-fact to execute any such documents for you. You further acknowledge, agree to, and consent to our registering the copyright with one or more copyright authorities, including but not limited to the United States Copyright Office, and listing your contribution as anonymous.

We, as the copyright owner, have the right, but not the obligation, and at our sole discretion, to enforce our copyright rights in any Personal Content or audio or video recordings taken at the event not permitted by the Terms and Conditions.

We assigns to you the non-exclusive right to use your Personal Content for your own direct, noncommercial, use as permitted in the Terms and Conditions. All other rights not assigned by us to you are retained by us. Any violation of the Terms and Conditions shall be grounds for us to cancel the assignment to you.

  1. 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: firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

  1. Unlawful Resale of Tickets; Promotions

Unlawful resale (or attempted unlawful resale) of tickets, including but not limited to counterfeit or copy of tickets, is grounds for seizure and cancelation without compensation. Certain maximum resale premiums and restrictions may apply in some states, and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or to have been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, through authorized partners, or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by us.

  1. DISPUTE RESOLUTION – ARBITRATION. Both parties agree to resolve any disputes arising under these Terms and Conditions or relating to the event and ticket sales through binding arbitration, on an individual basis, as set forth below.
  2. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST AURORA IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to our right to appeal.
  3. Good Faith Discussions. You and we must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms and Conditions.
  4. Rules. You and Aurora agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Aurora agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
  5. Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
  6. Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms and Conditions or with regard to the event or any ticket sales, including as to the enforceability and/or formation of this agreement to arbitrate made between you and us.
  7. Location. You agree that arbitration shall take place exclusively in Florida. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
  8. Time Limit. Any claim by you arising in connection with these Terms and Conditions, the event, or ticket sales, must be commenced by you within one (1) year of the dispute giving rise to the claim.
  9. Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
  10. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms and Conditions.
  11. Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
  12. Exceptions. Notwithstanding anything to the contrary in this Section, you and us each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
  13. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms and Conditions, and your purchase of tickets and attendance at the event, are governed by the laws of Florida, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Broward County, Florida. The parties expressly agree to the exclusive jurisdiction of those courts.
  14. Entire Agreement. These Terms and Conditions contain the entire agreement between you and us with respect to your purchase of tickets and attendance at the event. In the event of conflict between these Terms and Conditions and the applicable Privacy Policy, the applicable Privacy Policy will control.
  15. Severability. If any provision of these Terms and Conditions is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
  16. Contact Us. Please direct any questions and concerns regarding these Terms and Conditions to us at:

 

Aurora Retro Nights

[email protected]

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