Effective Date: June 28, 2021.
Welcome to NoCap Live, Inc.! The following terms and conditions ("Agreement") is between NoCap Live, Inc. ("NoCap") and you ("User", "you", "your"). NoCap provides a platform for listing and selling tickets on behalf of companies or individuals to specific events created and administered by. Whether you are using the Services to purchase Tickets ("Buyer") or sell Tickets ("Seller"), this Agreement governs your access to and use of the Services.
Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of this Agreement on the Website. The effective date of this Agreement is located at the top of the Agreement. Your continued use of the Services constitutes your acceptance of any new or revised Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Services, including removing any Listings that you have posted.
While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
If you have any questions or want any further information regarding this Agreement, please contact [email protected]. If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
"Account" means the account set up by you to use the Services.
"Buyer User Data" means the data collected pursuant to the questions, if any, that a Seller uses in a Listing to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Services.
"Data Protection Legislation" means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following: (a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR"); (b) the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the "UK GDPR"); (c) California Consumer Privacy Act (“CCPA”); (d) California Privacy Rights Act ("CPRA"); and (e) any other applicable State, Federal, or national data privacy or protection law.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Services.
"Feedback" means feedback, comments and suggestions for improvements to the Services posted by Users.
"Force Majeure" means any cause beyond NoCap's control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, pandemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, acts or regulations of national or local governments.
"Listing" means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
"Order Confirmation" means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
"Payment Processing Method" means one of the two methods of payment processing, either NoCap Payments or Stripe Payments, when selling Tickets using the Services. The default option is set to NoCap Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
"Sale Price" means the price at which a Seller offers a Ticket for sale using the Services, which can be zero (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
"Service Charge" means the service charge payable to NoCap for the provision of the Services, which at the Seller's election may either be charged to the Seller (in which case such amount will be collected by prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of any taxes at the then-current rate.
"Stripe Payments" means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
"Third-Party Social Media Site" means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
"Ticket(s)" means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
"Transaction" means a transaction undertaken via the Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
"Transaction Value" means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in any applicable Listing.
"NoCap Account Information" means the personal data you upload when registering your Account.
"NoCap Payments" means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to NoCap who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
"Services" means all of NoCap's online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by NoCap.
"Venue" means any site, facility or location where an Event is held.
"Website" means any website run or provided by NoCap, including any software application available for download to a smartphone which contains a modified version of the Website.
The terms "including", "include", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
In connection with your use of the Services, you shall not:
Your Account: You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NoCap reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your Account. You agree to indemnify and hold NoCap harmless from and against any claim related to content, accuracy, or currency of the information you provide through the Services.
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
16133 Ventura Blvd
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Capital One Cardholder Discount applies to the Ticket price only. Excludes ticketing fee. Capital One cardholders will receive access to stream tickets, based on availability. Ticket availability is limited. You must use an eligible Capital One Visa or Mastercard credit or debit card to get the Capital One Cardholder discount. Excludes Capital One issued private label cards. There is a limit of one ticket per any one event per transaction. While supplies last. Events and appearances are subject to change. Capital One does not provide, endorse, nor guarantee any third party product, service, information or recommendation listed above. The third parties listed are not affiliated with Capital One and are solely responsible for their products and services. All trademarks are the property of their respective owners.