PLEASE READ THE NO COVER NIGHTCLUBS ("We", Us", or "the Company") TERMS OF USE CAREFULLY. WHEN YOU USE NO COVER NIGHTCLUBS.COM ("Site") YOU AGREE TO FOLLOW THE TERMS OF USE AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS THEN YOU ARE NOT AUTHORIZED TO USE THIS SITE. These Terms and Conditions of Service (“Terms of Service”) govern your membership on nocovernightclubs.com plus their associated mobile sites (the “No Cover Nightclubs Sites” or the “Sites”) and your purchases and use of products and services available through the No Cover Nightclubs Sites. The No Cover Nightclubs Sites are operated by No Cover Nightclubs, LLC. Your use of the No Cover Nightclubs Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference. [https://www.nocovernightclubs.com/terms-of-service/ ] By establishing membership on the No Cover Nightclubs Sites, or purchasing or using products or services through the No Cover Nightclubs Sites, you acknowledge and agree as follows:
1. OWNERSHIP
The Site is owned and operated by NO COVER NIGHTCLUBS, LLC. ("NOCOVERNIGHTCLUBS.com").
2. GENERAL
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and No Cover Nightclubs, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. This Agreement is not assignable, transferable or sublicensable by you except with No Cover Nightclubs’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement. You shall establish and use your membership on the No Cover Nightclubs Sites, and purchase and use the products and services available through the No Cover Nightclubs Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and No Cover Nightclubs may be recorded.
3. PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by No Cover Nightclubs is located at [https://www.nocovernightclubs.com/privacy-policy/]. You consent to any personal information we may obtain about you (either via the No Cover Nightclubs Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. No Cover Nightclubs may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
4. INTELLECTUAL PROPERTY
The Site and its contents are intended solely for your personal use and not the use of third parties. You may use the Site only according to the terms of this Agreement. All materials on the Site are protected by copyright. You shall abide by all copyright laws when accessing or using any content on the Site. If you believe that your work has been used or copied for use on the Site in a way that constitutes copyright infringement, please contact us at mail to: mike@nocovernightclubs.com.
5. REGISTRATION AND SECURITY
Registration As a condition to using Services, you may be required to register with NOCOVERNIGHTCLUBS.com. At a minimum, registration requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in No Cover Nightclubs sole discretion. You agree to provide NOCOVERNIGHTCLUBS.com with your accurate, complete and updated registration information. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Security Information [https://www.nocovernightclubs.com/privacy-policy/] for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information. Use of Registration You shall not use No Cover Nightclubs membership for any purpose competitive to No Cover Nightclubs or its affiliates. You will notify No Cover Nightclubs immediately by emailing mike@noccovernightclubs.com of any unauthorized use of your No Cover Nightclubs membership or the No Cover Nightclubs Sites known to you, whether by you or a third party. Registration Termination You may cancel your No Cover Nightclubs membership at any time by emailing a request to cancel your membership to mike@noccovernightclubs.com. No Cover Nightclubs may terminate your membership and refuse any and all current or future use of the No Cover Nightclubs Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that No Cover Nightclubs determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if No Cover Nightclubs determines, in its sole discretion, that you are using your No Cover Nightclubs membership in a manner not permitted by these Terms of Service, or (4) in other circumstances, as No Cover Nightclubs deems appropriate in its sole discretion.
6. ORDER PROCESSING
Payment for Services is charged at the time of purchase or consumption of goods. No Cover Nightclubs may, however, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, full payment has not been collected, or in other circumstances No Cover Nightclubs deems appropriate in its sole discretion. No Cover Nightclubs also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. No Cover Nightclubs will either not charge you the full package price or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
7. PRODUCT AND SERVICE AVAILABILITY
In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact No Cover Nightclubs to make alternative arrangements or to cancel your reservation at mike@nocovernightclubs.com.
8. PRODUCT AND SERVICE DESCRIPTIONS
No Cover Nightclubs attempts to provide accurate descriptions of products and services on the No Cover Nightclubs Sites and its No Cover Nightclubs communications. No Cover Nightclubs does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
9. SPECIAL REQUESTS
If you have any special requests in connection with your No Cover Nightclubs itinerary, you must submit them on the No Cover Nightclubs Sites or with your Destination Specialist Agent at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available.No Cover Nightclubs is not liable for any failure to fulfill a special request, and no cancellation due to any special request not being met shall be allowed. No Cover Nightclubs does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
10. PRICING INFORMATION
No Cover Nightclubs pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. No Cover Nightclubs retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through No Cover Nightclubs. The rates displayed on the No Cover Nightclubs Sites or by quote reflect No Cover Nightclubs pre-negotiated rates, which include the fees retained by No Cover Nightclubs. No Cover Nightclubs strives to provide accurate pricing information regarding the products and services available on the No Cover Nightclubs Sites. We cannot, however, insure against pricing errors or pricing changes. No Cover Nightclubs reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, No Cover Nightclubs will notify you by email and correct the pricing on the No Cover Nightclubs Sites. If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout and or payment on the No Cover Nightclubs Sites, you will be responsible for paying these charges directly to the service provider. No Cover Nightclubs does not guarantee that it offers best available rates for products and services available on the No Cover Nightclubs Sites. NOCOVERNIGHTCLUBS.com reserves the right to change the prices of Services at any time, notification of which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
12. NOCOVERNIGHTCLUBS.COM PROMOTIONAL CODE AND OFFERS
These terms and conditions apply to those promotions where you must redeem a promotion code as part of the offer. The promotion code is valid for a limited time only. No Cover Nightclubs, LLC, reserves the right to modify or cancel it at any time. Each promotion code can be used only once, unless otherwise specified. Each promotion code applies only to qualifying items. Each promotion code applies only to website transactions sold and fulfilled by No Cover Nightclubs, LLC. It does not apply to hotel and transportation bookings or nightclub and day club bookings. The promotion is subject to all restrictions set forth in the offer. If the promotion has a minimum purchase requirement, taxes, gratuities, service charges do not apply toward the minimum purchase amount. The promotion applies only to bookings made online at www.nocovernightclubs.com. The promotion code is not transferable and may not be resold. If you cancel your bookings using a promotion code, we will subtract the value of the promotion code from your return credit. Promotion codes may not be combined with other offers. Limit one promotion code per customer. Does not apply to the entire order or package price which contain multiple products/services or combined. Void where prohibited. If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply.
13. CANCELLATIONS AND CHANGES TO RESERVATIONS
With respect to the services and reservations available on the No Cover Nightclubs Sites, the rules and restrictions regarding your reservation, no cancellations, refunds, or modifications are allowed, without confirming with No Cover Nightclubs, and payment is charged at the time of purchase. All guests must be at least 21 years of age with valid ID. No-shows will be charged in full. Reservations are not guaranteed until full payment is received and processed by No Cover Nightclubs, LLC and the associate club venue. See Section 29 below for Cancellation Policies for Nightclubs, Dayclubs & Lounges. After contacting No Cover Nightclubs we will specify whether you may be able to cancel or change your reservation. If you choose to cancel your reservation the initial deposit amount is not refundable. If a change to or cancellation of your reservation is permitted, you may be charged a cancellation or change fee based on product or service booked. You agree to pay any cancellation or change fees that you incur. You may not sell, auction, barter or transfer your reservation to a third party.
14. SERVICE PROVIDER RULES AND RESTRICTIONS
Service providers may impose additional rules and restrictions on products and services available through the No Cover Nightclubs Sites. Please read these additional terms of service and terms and conditions carefully. By purchasing products and services through No Cover Nightclubs you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by No Cover Nightclubs for any costs we incur as a result of such violation.
15. TAXES AND FEES
The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to request a breakdown of the taxes and additional service fees included in a booking before confirming the booking.
16. INCIDENTALS
No Cover Nightclubs bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
17. PAYMENT
ALL RESERVATIONS BOOKED THROUGH NO COVER NIGHTCLUBS MUST BE PREPAID IN FULL AT THE TIME OF BOOKING. YOU AGREE TO PAY TO NO COVER NIGHTCLUBS THE FEES, COSTS, EXPENSES AND OTHER CHARGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”). YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY NO COVER NIGHTCLUBS.
18. INSURANCE
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON NO COVER NIGHTCLUBS UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE NO COVER NIGHTCLUBS SITES (WHERE AVAILABLE).
19. CONTENT YOU SUBMIT
With respect to any content you submit or make available to No Cover Nightclubs (other than personal information, which is handled in accordance with the Privacy Notice [https://nocovernightclubs.com/privacy-policy/ ]), including but not limited to endorsements or testimonials, you grant No Cover Nightclubs a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to No Cover Nightclubs. You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that: is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; may contain software viruses or malware; contains advertisements or solicitations of any kind, or other commercial content; is designed to impersonate others; contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; contains messages by non-spokesperson employees of No Cover Nightclubs purporting to speak on behalf of No Cover Nightclubs or containing confidential information or expressing opinions concerning No Cover Nightclubs; contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; contains multiple messages placed within individual folders by the same user restating the same point; contains chain letters of any kind; or contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
20. WARRANTY DISCLAIMER
NOCOVERNIGHTCLUBS.com makes no representations or warranties concerning any Content contained in or accessed through the Site and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. You release NOCOVERNIGHTCLUBS.com from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Site contains links to other websites, which are provided solely as a convenience to you and not as an endorsement by NOCOVERNIGHTCLUBS.com, its third party providers or distributors of the content of such other websites. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
21. LIMITATION ON LIABILITY
Under no circumstances shall NOCOVERNIGHTCLUBS.com, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of NOCOVERNIGHTCLUBS.com or its affiliates has been advised or should have known of the possibility of such damages. If you are dissatisfied with the Site or any content on the Site, or with the Terms of Service, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of NOCOVERNIGHTCLUBS.com and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed two hundred fifty dollars (U.S. $250.00). The carriers, hotels and other suppliers providing travel or other services for NOCOVERNIGHTCLUBS.com are independent contractors and not agents or employees of NOCOVERNIGHTCLUBS.com or its affiliates. NOCOVERNIGHTCLUBS.com and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such supplier or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. NOCOVERNIGHTCLUBS.com and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control. NOCOVERNIGHTCLUBS.com and its affiliates have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
22. INDEMNITY
You agree to defend, indemnify and hold harmless NOCOVERNIGHTCLUBS.com, its affiliated companies and their respective officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting frees, resulting from or arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.
23. ENFORCEMENT
This Agreement shall be governed by the laws of the State of Nevada without regard to the conflicts of laws provisions thereof. You agree that a violation or attempted violation of this Agreement and the Terms of Service will cause irreparable damage to NOCOVERNIGHTCLUBS.com in an amount difficult to ascertain with no adequate remedy at law. You agree that NOCOVERNIGHTCLUBS.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms of Service by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by NOCOVERNIGHTCLUBS.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. If NOCOVERNIGHTCLUBS.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
25. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement of between you and No Cover Nightclubs regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and any such prior agreements, letters proposals, discussions and other documents, these Terms of Service will control.
26. SEVERABILITY
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
27. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that No Cover Nightclubs may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of No Cover Nightclubs membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at [www.nocovernightclubs.com/terms-of-service/ ]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
28. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Either party may terminate the Services at any time by notifying the other party by any means. NOCOVERNIGHTCLUBS.com may also terminate or suspend any and all Services and access to the Site immediately without prior notice or liability for breach of these Terms. Notwithstanding the expiration or earlier termination of Services or your NOCOVERNIGHTCLUBS.com registration or usage, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
29. NIGHTCLUBS, DAYCLUBS & LOUNGES
In addition to the terms set forth above, these terms apply to bookings for experiences involving nightclubs, dayclubs, lounges and club crawls: Reservations are not guaranteed until the reservation is paid for in full, and processed by No Cover Nightclubs, LLC and the associate club venue. Additional charges may be incurred if the number of people exceeds the amount listed on the reservation. All ticket, admission, and table service sales are final. No refunds will be provided. All daylife/pool party experiences will take place as scheduled, rain or shine and no refunds will be given due to inclement weather. Clients must meet with the VIP Host at the designated time and place on the night of the event. If for any reason you cannot reach or meet your VIP Host, please email mike@nocovernightclubs no later than the agreed meeting time. Table reservations must be checked in by designated time. Otherwise location cannot be guaranteed and there will be no refunds if client is more than 30 minutes late. Client must arrive no later than 11:00am day of reservation for all dayclub reservations and 11:00pm the night of for all nightclub reservations or be subjected to cancellation and forfeiture of booking deposit. No-shows will be charged in full. Clients must be at least 21 years of age and must present proper valid identification. Dress code is strictly enforced. No Cover Nightclubs is not responsible if client is denied entry do to improper dress or lack of proper identification. Nightclub reserves all rights. There is a zero tolerance policy in regard to the use and/or possession of illegal substances. Clients will be refused entry if nightclub determines client is over intoxicated at the time of entry. No refunds will be allowed. Exact table location and section request is simply a request and not a guarantee. Seating capacity may vary based venue configuration of table. Table size is based on the number of individuals a table can accommodate and not the number of individual seats. For security purposes the organizer name must match the name of the credit card used for the booking, and the credit card used for the booking must be presented at the time of redemption with matching valid ID. Nightlife bookings include the following: minimum of 20% waitress gratuity (varies from venue to venue), 8.1% sales tax, and applicable 10% live entertainment tax and service fees. No Cover Nightclubs, LLC. encourages everyone to have a good time but any illegal activites including drug use or possession, nudity, over intoxication, and any other illegal behavior will result in access denied or be prosecuted to the fullest extent of the law by venue management. E-cig or smoking devices are not allowed within many establishments and may be confiscated by venue management. No Cover Nightclubs, LLC. is not responsible or liable for personal belongings that are confiscated by venue management.
33. EFFECTIVE DATE MAY 14, 2016.
