Last Modified: May 10, 2026 · Version 2.0
These Terms of Use constitute a legal agreement between you and Clubly LLC, a New York limited liability company (“Company,” “we,” “our,” or “us”). These Terms of Use govern your access to and use of https://clubly.vip, our attendee facing and organizer facing mobile applications, and any related websites, applications, features, content, tools, and services we make available from time to time, including event discovery, ticket purchases, free RSVPs, table reservations, QR code ticketing, check in tools, organizer dashboards, and related marketplace functionality, whether accessed through a browser, mobile device, or otherwise (collectively, the “Platform”). In these Terms of Use, the Platform is referred to as “Clubly.”
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, creating an account, completing a purchase or RSVP, accessing any organizer or attendee functionality, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://clubly.vip, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
The Platform is offered and available only to users who are at least eighteen (18) years of age or older. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform. Certain events may also be subject to additional age restrictions, including 18+ or 21+ requirements, established by the applicable organizer, venue, or law. Clubly may collect date of birth information in connection with registration and account administration, but age verification at the event or venue is the responsibility of the applicable organizer or venue unless Clubly expressly states otherwise.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
As a user of Clubly, you are engaging with a nightlife event discovery, ticketing, and venue reservation marketplace that connects attendees with event organizers, venues, and nightlife experiences. Clubly operates as a facilitating technology platform and is not the host, promoter, or organizer of events listed on the Platform.
The Platform allows attendees to browse upcoming events, purchase tickets, join guest lists, RSVP to free events, and reserve tables at participating venues through the website and mobile applications. Event organizers and venues use Clubly to create listings, manage ticket tiers and reservations, configure refund policies, communicate with attendees, and administer entry through QR code scanning and related tools.
Organizers onboard through Stripe Connect or related payment infrastructure and are responsible for configuring event details, ticket pricing, reservation terms, and applicable policies. Organizers are the merchant of record for ticket sales and related event transactions, and payments are processed through the organizer’s connected payment account.
Attendees must create an account to purchase tickets or RSVP through the Platform and may provide information such as name, email address, phone number, and date of birth as part of registration. Payment information for paid tickets is processed securely through third-party payment processors such as Stripe. Free ticket tiers and guest list RSVPs may be completed without payment processing.
Each participating organizer or venue may maintain event listings that include ticket tiers, reservation options, pricing, age restrictions, refund policies, and related event details. Attendees are responsible for reviewing applicable event information before completing a purchase or reservation.
The workflow for users involves several steps:
Clubly facilitates the technology infrastructure supporting event listings, ticketing workflows, reservations, communications, and entry management but does not control or operate the events themselves. All event related services are provided by the applicable organizer or venue.
Certain features on the Platform, including the purchase of tickets, submission of paid reservations, or participation in other paid event-related transactions, may require you to make payments or fees through third-party payment processors such as Stripe or through organizer managed payment flows.
Clubly operates as a facilitating marketplace and is not the merchant of record for ticket sales or reservations. The applicable event organizer or venue is solely responsible for setting ticket prices, reservation terms, and refund policies.
Organizers are responsible for ensuring that all ticket prices, reservation charges, and other required fees associated with an event are accurately disclosed through the Platform in compliance with applicable pricing transparency laws and regulations. Except where taxes or government-imposed charges apply, any mandatory fees required to complete a transaction must be included in the total price presented to users prior to checkout confirmation. Prices for selected tickets or reservations will not be increased after a user has initiated the checkout process except where required by applicable law or clearly disclosed prior to confirmation.
Where required by applicable law, including U.S. consumer protection requirements relating to total price disclosure, the Platform may display the total price of a ticket or reservation, including required platform service fees and mandatory charges, prior to checkout. The “total price” generally includes the base ticket price together with any required fees known at the time of purchase, but may exclude optional add-ons, taxes, gratuities, venue-imposed charges, payment processor fees, or other amounts that depend on user selections, location, or applicable law. Organizers remain responsible for ensuring that their pricing, fee structures, and disclosures comply with applicable laws, regulations, and consumer protection requirements.
Refund eligibility for individual tickets or reservations is determined by the applicable organizer’s event-specific refund policy, which is displayed on the event page and included in confirmation communications where applicable. Clubly does not control organizer refund decisions and is not responsible for issuing refunds except as expressly described below.
If an organizer issues a refund for an individual ticket, the attendee will generally receive a refund of the ticket price only, and Clubly service fees may remain non-refundable unless otherwise required by law or determined by Clubly in its discretion.
If an event is cancelled by the organizer or removed by Clubly for policy violations, fraud prevention, or operational reasons, attendees will generally receive a full refund of the ticket price and any applicable platform service fees.
Free ticket tiers, guest list entries, and RSVP based access do not involve payment processing and therefore are not subject to refund procedures.
Clubly reserves the right to delay, hold, or withhold organizer payouts where reasonably necessary to investigate suspected fraud, policy violations, chargebacks, negative balances, or other risk related activity affecting the Platform.
Chargebacks, payment disputes, and transaction reversals relating to event purchases are the responsibility of the applicable organizer as merchant of record. Clubly may cooperate with payment processors or organizers in responding to disputes but is not responsible for resolving organizer related disputes between attendees and organizers.
Organizers are solely responsible for determining, collecting, reporting, and remitting all applicable federal, state, local, and other taxes, duties, levies, assessments, or similar governmental charges arising from or relating to event listings, ticket sales, reservations, services provided at events, or other transactions conducted through the Platform. Clubly does not calculate, collect, or remit taxes on behalf of organizers unless expressly stated otherwise in writing. Organizers agree to defend, indemnify, and hold harmless Clubly and its affiliates, service providers, officers, directors, employees, and agents from and against any claims, liabilities, penalties, interest, assessments, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to any failure by an organizer to properly determine, collect, report, or remit applicable taxes or to comply with applicable tax laws or reporting obligations.
Clubly may act as a limited payment collection agent of the applicable organizer or venue solely for the purpose of facilitating the receipt and transmission of payments made through the Platform. To the extent Clubly is acting in this capacity, payment made by an attendee to Clubly will be deemed the same as payment made directly to the applicable organizer or venue, and the attendee’s payment obligation to the organizer or venue will be satisfied upon successful transmission of funds to Clubly through the Platform.
Clubly may, in its sole discretion, provide credits, adjustments, or refunds in limited circumstances involving platform errors, duplicate charges, or technical issues affecting the checkout process.
Event organizers, venues, promoters, and other business users of the Platform are solely responsible for the creation, promotion, operation, and administration of their events and related services offered through the Platform. Without limiting the foregoing, organizers are responsible for ensuring compliance with all applicable laws, regulations, licensing requirements, permitting requirements, consumer protection obligations, alcohol service rules, age verification requirements, accessibility requirements, tax obligations, advertising requirements, and venue-related operational rules applicable to their events or services.
Organizers are solely responsible for the accuracy and completeness of event listings, ticket tiers, reservation terms, pricing disclosures, refund policies, entry requirements, eligibility restrictions, and event-related representations made available through the Platform. Organizers must ensure that all information presented to attendees is truthful, lawful, and not misleading.
Organizers are responsible for obtaining and maintaining all necessary insurance coverage, permissions, performer agreements, venue approvals, staffing arrangements, security measures, and operational resources necessary to conduct their events safely and lawfully. Clubly does not supervise or control organizer operations and assumes no responsibility for event execution or compliance.
Organizers further agree that they will not use the Platform in a manner that violates applicable law, infringes the rights of any third party, or creates regulatory, reputational, operational, fraud-related, or payment-network risk for the Company. Clubly reserves the right to suspend, restrict, remove, or terminate organizer access to the Platform where reasonably necessary to address compliance concerns or protect the integrity of the Platform.
We reserve the right to withdraw or amend the Platform, and any service, feature, listing, reservation functionality, ticketing workflow, organizer tool, or related service we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users and organizers.
You are responsible for both making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
To access the Platform, including purchasing tickets, submitting RSVPs, or making reservations through the website, you must create an account and provide certain registration information such as name, email address, phone number, and date of birth. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Platform, complete transactions, or otherwise interact with Platform features is governed by our Privacy Policy available at https://clubly.vip, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, verification code, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform using your credentials. You agree to notify us immediately of any unauthorized access to your account or any breach of security. You also agree to ensure that you exit from your account at the end of each session where appropriate.
We have the right to disable any account, identifier, organizer dashboard access permission, or related credential at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated these Terms of Use or engaged in suspicious, fraudulent, abusive, or policy-violating activity.
To use the Clubly mobile applications, you must have a compatible mobile device. We do not warrant that the mobile applications will be compatible with your device or operating system. You may use mobile data in connection with the mobile applications and may incur additional charges from your wireless provider. You agree that you are solely responsible for any such charges.
We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the mobile applications on devices owned or controlled by you solely for your personal use in connection with the Platform and in accordance with these Terms of Use.
You may not modify, reverse engineer, decompile, redistribute, sublicense, lease, resell, or otherwise attempt to exploit the mobile applications or any related software except as permitted by applicable law.
If you download or access the Clubly mobile applications through the Apple App Store or Google Play Store, you acknowledge that these Terms of Use are between you and Clubly LLC and not with Apple or Google. Apple and Google are not responsible for the mobile applications or their content.
Your use of the mobile applications must comply with the applicable App Store or Google Play Store terms and policies. Clubly, and not Apple or Google, is responsible for the maintenance, support, and operation of the mobile applications to the extent required by applicable law.
Apple and Google are third-party beneficiaries of these Terms of Use as they relate to your license to use the mobile applications and may enforce those provisions against you where permitted by their respective platform rules.
The Platform and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use grant you permission to use the Platform for your personal, non-commercial use only. You are prohibited from (i) reproducing, distributing, modifying, and creating derivative works, (ii) publicly displaying, publicly performing, republishing, downloading, storing, transmitting any material on our Platform, (iii) modifying copies of any materials from this site, (iv) using any illustrations, photographs, video or audio sequences, or (v) using any graphics separately from the accompanying text or deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the brand “Clubly,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
The Platform may allow attendees, organizers, venues, promoters, and other authorized users to submit, upload, publish, transmit, or otherwise make available event listings, ticket tiers, reservation terms, refund policies, media content, organizer profiles, guest list information, communications, and other materials (collectively, “User Contributions”) on or through the Platform.
Any User Contribution you post to the Platform will be considered non-confidential except where otherwise required by law or expressly stated in our Privacy Policy. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, perform, display, distribute, transmit, publish, and otherwise make available such material for the purpose of operating, improving, promoting, and supporting the Platform and related services.
Without limiting the foregoing, organizers and venues grant Clubly the right to display event information, ticket tiers, reservation offerings, pricing details, branding elements, and related content in connection with event listings, ticket distribution, confirmations, communications with attendees, check-in functionality, analytics tools, and promotional placement within the Platform, including the right to reformat, categorize, reorder, feature, suppress, or otherwise present listings and related content in a manner consistent with Platform functionality and policies.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, including any attendee profile information, reservation selections, guest list submissions, event-related preferences, organizer content, venue content, event terms, ticket descriptions, refund terms, or other information you provide through the Platform.
We are not responsible or liable to any third party for the content, accuracy, availability, legality, or performance of any User Contributions posted by you or any other user of the Platform, including event listings, reservation terms, or organizer-provided policies.
Clubly reserves the right, but does not undertake any obligation, to review, remove, suspend, edit, restrict, or disable access to any User Contributions at any time in its sole discretion.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Company respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act. We may remove or disable access to allegedly infringing material and may suspend or terminate the accounts of repeat infringers in appropriate circumstances. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:
Subject Line: DMCA Compliance
Please provide the following information:
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of their contents.
The Platform may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update, modify, suspend, discontinue, remove, or restrict access to any content, feature, functionality, tool, listing format, checkout flow, organizer dashboard feature, reservation workflow, QR code entry process, communication tool, or other aspect of the Platform from time to time, in our sole discretion, with or without notice. Content and functionality made available through the Platform, including event listings, pricing, availability, ticket tiers, reservation options, refund terms, organizer information, and related materials, may be changed, removed, or become unavailable at any time.
We do not guarantee that any content on the Platform is complete, accurate, current, or continuously available. Any content or functionality on the Platform may be out of date at any given time, and we are under no obligation to update such material. Clubly is not responsible for keeping organizer-submitted event information, venue details, pricing, inventory, or third-party content updated, and the applicable organizer or venue remains responsible for the content it provides through the Platform.
All information we collect on the Platform is subject to our Privacy Policy available at https://clubly.vip. By using the Platform, creating an account, purchasing tickets, submitting RSVPs, making reservations, accessing organizer tools, or otherwise interacting with any feature of the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Without limiting the foregoing, you acknowledge that the Platform may collect and process account information, transaction information, reservation information, organizer and venue related information, communications data, device and usage data, approximate location data, and other information described in the Privacy Policy. You further acknowledge that certain information may be shared with applicable event organizers, venues, payment processors, communications providers, analytics providers, and other service providers as described in the Privacy Policy and as reasonably necessary to operate the Platform and related event services.
If the Platform contains links to other sites, apps, services, resources, ticketing tools, payment processors, social media pages, digital wallet tools, mapping services, or other third-party materials, these links are provided for your convenience only. We have no control over the contents, policies, terms, availability, or practices of those sites or resources, and accept no responsibility for them or for any loss, damage, liability, delay, dispute, or issue that may arise from your use of them. If you decide to access any of the third-party websites or services linked to or integrated with the Platform, you do so entirely at your own risk and subject to the terms, conditions, and privacy policies for such websites or services.
Without limiting the foregoing, the Platform may integrate with or link to third-party services used in connection with payments, organizer onboarding, communications, digital ticket storage, event mapping, analytics, customer support, or related event and Platform functionality. Clubly does not endorse and is not responsible for the acts, omissions, content, performance, policies, security, or data practices of any such third party.
Without limiting the foregoing, the Platform integrates with third-party payment processing services provided by Stripe and may integrate with video hosting or embedded media services provided by YouTube. Your use of payment processing functionality is subject to the Stripe Services Agreement available at https://stripe.com/legal and related Stripe documentation incorporated therein. Your use of any embedded YouTube content or video playback features is subject to the YouTube Terms of Service available at https://www.youtube.com/t/terms. By using functionality supported by these services through the Platform, you agree to comply with the applicable third-party terms and policies governing those services.
The owner of the Platform is based in the State of New York in the United States. We provide the Platform primarily for use by persons located in the United States. Accordingly, we make no claims that the Platform or any of its contents, services, transactions, listings, reservations, communications, or related functionality are accessible, appropriate, or lawful outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive United States embargoes or sanctions and that you are not identified on any United States government restricted party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury. You agree not to access or use the Platform in violation of any applicable export control, sanctions, or trade compliance laws or regulations of the United States.
Clubly is a U.S.-based platform and does not represent that the Platform complies with the laws, regulations, consumer requirements, privacy regimes, ticketing rules, or marketing rules of any jurisdiction outside the United States. Without limiting the foregoing, Clubly does not currently offer localized terms, non-U.S. regulatory compliance, or jurisdiction-specific protections for users outside the United States unless expressly stated otherwise.
We may restrict, block, limit, or terminate access to the Platform, in whole or in part, from any jurisdiction, region, territory, or user at any time in our sole discretion, including where we believe such access may create legal, regulatory, operational, fraud, sanctions, export control, payment, or other risk to Clubly or the Platform.
No Endorsement or Liability for Third-Party Services. Clubly does not endorse, control, operate, manage, supervise, or assume any responsibility for any events, venues, organizers, promoters, hosts, performers, table reservations, guest list programs, or other third-party services listed, promoted, sold, reserved, or made available through the Platform. The Platform acts solely as a facilitating marketplace and technology provider that enables users to discover events, purchase tickets, submit RSVPs, make reservations, and interact with organizers and venues. Any issues, disputes, claims, losses, delays, cancellations, refusals of entry, service failures, misrepresentations, or problems related to any event, venue, organizer, reservation, or third-party service are strictly between the user and the applicable third party. Without limiting the foregoing, organizers and venues reserve the right to deny entry to any attendee for any lawful reason, including failure to comply with venue rules, dress codes, capacity limits, identification requirements, age restrictions, safety requirements, or behavioral standards. Attendees may be subject to reasonable security screening measures, including bag checks, pat-downs, identity verification, or similar procedures required by organizers or venues. Violations of applicable alcohol policies, unlawful conduct, disorderly behavior, harassment of staff or guests, failure to comply with security procedures, or violation of venue rules may result in refusal of entry, removal from an event, cancellation of reservations or tickets without refund where permitted by applicable law, and suspension or termination of access to the Platform. Clubly may also restrict or terminate user access to the Platform in connection with such conduct in its sole discretion.
Disclaimer of Warranties. All events, venues, reservations, listings, organizer services, and related third-party offerings are provided “as is” and “as available,” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Clubly makes no warranty that any event, reservation, ticket, venue, organizer service, or related offering will meet your requirements, occur as described, remain available, be safe, lawful, uninterrupted, secure, error-free, or free from changes in time, location, capacity, performer lineup, pricing, minimum spend, entry rules, or refund status.
Limitation of Liability. In no event will Clubly be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, business opportunity, revenue, expected attendance, travel costs, lodging costs, personal property damage, or other intangible losses, resulting from or arising out of your access to or use of, or inability to access or use, the Platform or any event, listing, ticket, reservation, venue, organizer service, guest list access, check-in process, communication, refund decision, cancellation, rescheduling, denial of entry, age restriction enforcement, or third-party service made available through the Platform, even if advised of the possibility of such damages.
Injury Disclaimer. Clubly is not responsible for any injuries, death, illness, assault, theft, property damage, crowd conditions, intoxication-related incidents, venue conditions, security incidents, transportation issues, or other harm that may occur during, in connection with, or as a result of attending any event, visiting any venue, participating in any reservation, or using any third-party service discovered through the Platform. Users assume all risk and liability for any injuries, damages, claims, losses, or expenses suffered in connection with any such activities.
Merchant of Record and Organizer Responsibility. The applicable organizer or venue, and not Clubly, is the merchant of record for ticket sales and related event transactions unless expressly stated otherwise. Organizers and venues are solely responsible for their events, listings, pricing, refund policies, reservation terms, age restrictions, entry policies, legal compliance, tax obligations, permits, staffing, security, alcohol service compliance, and all services or experiences they provide or fail to provide.
No Responsibility for User Conduct or Organizer Data Use. Clubly is not responsible for the acts, omissions, statements, content, conduct, negligence, fraud, misconduct, or unlawful behavior of any attendee, organizer, venue, promoter, host, staff member, or other third party. Clubly is also not responsible for how organizers use attendee information once such information is made available to them in accordance with the Platform’s functionality and policies.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.
All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s election, it may require that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Platform, any event listing, ticket purchase, reservation, organizer interaction, or any transaction conducted through the Platform be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of New York.
You and Company agree that arbitration will be conducted on an individual basis only and not as a class action, consolidated action, or representative proceeding. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
Unless otherwise required by applicable law, arbitration hearings will take place in New York, New York, or may be conducted remotely at the election of Company. Judgment on the arbitration award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, Company retains the right to seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, Platform integrity, or enforcement of usage restrictions.
This arbitration provision applies to the fullest extent permitted by law and survives termination of these Terms of Use and your use of the Platform.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM, INCLUDING ANY EVENT LISTING, TICKET PURCHASE, RESERVATION, REFUND ISSUE, ORGANIZER INTERACTION, OR OTHER PLATFORM RELATED TRANSACTION OR ACTIVITY, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
If you are an event organizer, venue, promoter, or other business user of the Platform, these Terms of Use apply in addition to any separate organizer agreement, venue agreement, payout terms, payment processor terms, or other written agreement you may enter into with Company. In the event of a conflict between these Terms of Use and any separate written agreement between you and Company applicable to your business use of the Platform, the separate written agreement will control solely to the extent of that conflict.
For all users, these Terms of Use do not modify the terms of any third-party services, including payment processors, app stores, communications providers, or other third-party platforms, each of which remains subject to its own applicable terms and policies.
By creating an account, purchasing a ticket, submitting an RSVP, making a reservation, interacting with an organizer, or otherwise using the Platform, you acknowledge and agree that Company and, where applicable, event organizers may send you transactional communications relating to your account, tickets, reservations, events, check-in, refunds, cancellations, rescheduling, support matters, security matters, and other service-related activity. These communications may be delivered by email, SMS, push notification, in-app message, or other reasonable means. Message frequency varies. Message and data rates may apply depending on your carrier and mobile plan. You may opt out of SMS communications at any time by replying STOP to any message where applicable or by following the instructions provided in the communication. For assistance, you may reply HELP. Carriers are not liable for delayed or undelivered messages. However, you may opt out of receiving any, or all, of non-transactional marketing communications from us by following the unsubscribe link or the instructions provided in any email we send or, in the case of SMS marketing messages, by following the opt-out instructions in the message, including replying STOP where applicable.
You acknowledge that transactional communications are part of the Platform and are not marketing communications. These may include order confirmations, QR codes, ticket delivery, booking references, event reminders, refund notices, cancellation notices, account verification messages, and support related communications.
Where the Platform offers organizer-specific marketing communications, including SMS campaigns, such communications may be sent only where the applicable attendee has provided the required consent or opt-in. Your consent to receive organizer marketing communications is separate from your receipt of transactional communications from Company. Opting out of organizer marketing communications will not prevent you from receiving transactional or service-related messages relating to your account or transactions.
Message and data rates may apply depending on your carrier and mobile plan. Delivery of communications is not guaranteed, and Company is not responsible for delayed, blocked, failed, or undelivered messages caused by carriers, third-party providers, device settings, spam filters, platform outages, or other factors outside Company’s reasonable control.
Mobile phone numbers and SMS consent information collected through the Platform are used solely for transactional communications, account-related notifications, and, where applicable, marketing communications authorized by the user. Mobile phone numbers and related opt-in data will not be sold, rented, shared, or disclosed to third parties for their independent marketing or promotional purposes. Sharing of mobile phone numbers may occur only with service providers acting on Company’s behalf in connection with communications delivery, platform operations, fraud prevention, customer support, or compliance obligations.
This Platform is operated by the Company.
This contact information may be used for general inquiries, legal notices, technical support requests, business communications, and other Platform-related correspondence, except where these Terms of Use expressly require a different notice method or address for a specific type of notice.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to:
By using the Clubly Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.