Terms of Use

Please read our terms of use ("Agreement" or “Terms of Use") carefully before using this website, mobile applications and other services offered by Neon.

This User Agreement sets out the terms and conditions for your access and use of the website at neon.live (the "Website"), mobile applications and services provided by Neon (our “Services”).

You agree to comply with all of our policies and accept these Terms of Use when accessing or using our Services. These Terms of Use govern your access to and use of the Website and Services and constitute a binding legal agreement between you and Neon.

This Agreement applies to all users of our Services, including without limitation users who are sellers, purchasers, customers, venues, promoters, agents and content providers.

Neon

Neon acts as a primary and secondary ticketing platform that enables customers to buy and sell unwanted tickets approved by the venue. Neon is a retail sales platform for artists, promoters, agents, venues and customers to sell tickets, merchandise, food and drinks, digital products, memberships, access to digital experiences such as live streams and VR, and other retail products.

Whilst Neon approves artists and sellers to use it’s Services, it does not review the content or information they provide. Neon cannot guarantee that a buyer or seller will complete a transaction and does not transfer legal ownership of items from the seller to the buyer. Neon acts in its capacity as a platform only.

Whilst we can offer to help if any disputes arise between our users, Neon has no control over and does not warrant as to the safety, quality, legality or any other aspect of the items listed, the truth or accuracy of descriptions or images or the ability of sellers to sell items and the ability of buyers to pay for items.

Neon is not responsible or liable for any content, such as data, text, descriptions, usernames, graphics, images, profiles, audio, video and links posted by you, other users, or outside parties on Neon.

Your Account

You are fully responsible for all activity, liability and damage resulting from any failure to maintain password confidentiality. You agree to immediately notify us of any unauthorised use of your password or any breach of security. Neon is not liable for any loss or damage arising from your failure to keep your password secure.

You are solely responsible for your conduct and activities using Neon’s Services and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Neon.

You must not post false, inaccurate, misleading, defamatory, or libelous content, engage in any activities that are fraudulent or involve the sale of illegal, counterfeit or stolen items, or infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

We reserve the right to cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time.

Content

Neon does not claim ownership rights in your Content.

You grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future.

You agree to allow Neon to store, translate, or re-format your Content and display it on the Website in any way we choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and warrant not to assert such rights against us, our sub-licensees or assignees.

Whilst we try to offer reliable data, we do not warrant that Content will always be accurate and up-to-date and you agree that you are solely responsible for any inaccuracies in Content provided.

Buying

When buying an item, you are responsible for reading the full item description before making a commitment to buy. You enter into a legally binding contract to purchase an item when you commit to buy an item and are obligated to deliver appropriate payment for items purchased.

Copyright Policy

Neon respects copyright law and the rights of artists and creatives and its users must do the same. Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders will have their accounts closed.

Liability

We cannot guarantee continuous, uninterrupted access to the Website or our Services and operation of the Website may be interfered with by a number of factors outside of our control.

In no event shall Neon, and (as applicable) Neon's subsidiaries, officers, directors, employees or suppliers be liable in contract or in tort (including negligence) for any losses suffered such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to, the conduct of you or anyone else in connection with the use of the Website, our Services, or this Agreement.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Disputes with Users or Third Parties

In the event a dispute arises between you and another user or a third party, you should contact the user or third party to resolve the dispute swiftly and amicably in the first instance.

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on the Website, they may choose to contact Neon in order to resolve the dispute. Neon does so in its sole discretion as an impartial mediator only and has no obligation to resolve disputes between users or between users and outside parties. To the extent that Neon attempts to resolve a dispute, it will do so in good faith and will not make judgments regarding legal issues or claims.

You release Neon (and Neon's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

Breach

Without limiting any other remedies, Neon may, without notice, delay or immediately remove Content, warn our community of a user's actions, issue a warning to a user, temporarily suspend a user’s account, terminate a user's account, prohibit access to the Website, take technical and legal steps to keep a user off the Website and refuse to provide services to a user.

Neon reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates. Neon, Neon's subsidiaries, officers, directors, employees, and suppliers provide the Website and Services "as is" and without any warranty as to condition, express, implied or statutory. Neon, Neon's subsidiaries, officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. Additionally, no advice or information (oral or written) obtained by you from us shall create any warranty.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Indemnity

You agree to indemnify and hold Neon and (as applicable) Neon's parent, subsidiaries, affiliates, officers, directors, agents, and employees against any claim or demand, including lawyers’ fees, made by any third party due to or arising out of your breach of this agreement or the documents that it incorporates by reference, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Service

Neon reserves the right to modify or terminate the Service for any reason, without notice, at any time. Neon reserves the right to alter these Terms of Use or other Website policies at any time without notice. Neon strongly recommends that you review these policies frequently however it remains your sole responsibility to do so.

If we modify these Terms of Use, we will post the modification on the Website. We will also update the "Last Updated Date". Continued access or use the Website or Services after we have posted a modification on the Website will be deemed acceptance of the modified Terms of Use.

Intellectual Property

Neon and Neon graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of Firesoft Ltd  in the U.K. and/or other countries.

Governing Law

This agreement is governed and construed in all respects in accordance with the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Neon for Venues, Promoters and Resellers

Taxes and Lawful Trading

You are responsible for all applicable taxes that may become due as a result of using and selling via our Services.

If you are registering with Neon as a business entity, you warrant that you have the authority to legally bind that entity. Whether registering as a business or individual, you agree to comply with all local laws regarding online trading, conduct and acceptable content.

Fees and Billing

Neon charges a subscription fee for some of its services and a percentage of the sale price for listing and buying tickets - currently 7% - and remits to you minus any transaction costs incurred and this fee. Funds from sales of your items will be transferred to your nominated bank account or payment provider upon completion of a transaction.

You are responsible for paying all fees and applicable taxes associated with using Neon and remain obligated to pay all fees due if you close your account. If your account is not paid in full and becomes past due, you risk penalties and the closure of your account. We may also engage a collection agency or legal counsel to recover any fees due and in such instance you will incur additional charges.

We may change our fees, or introduce new fees from time to time by posting the changes on the Neon website or via direct message or email. In such instance, you may close your account without penalty within 30 days. In certain situations, including but not limited to a void or invalid transaction, Neon may, in its discretion, issue credit for the applicable fees to a seller's billing statement.

Listing and Selling

You warrant that you may legally sell any items you list for sale. You must make your best efforts to accurately describe any item and all terms of sale on Neon.

You are encouraged to outline your policies regarding events attendance, the transfer of tickets and opt in marketing lists. We reserve the right to request that you modify a policy.

All sales are binding. You are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance.

User Information

As part of a transaction, you may obtain personal information such as email addresses and shipping information from another Neon user. Unless prior permission is granted by the other user, this information shall only be used for that transaction or for communications regarding Neon. Neon does not grant you a license to use the information for unsolicited commercial messages or unauthorised transactions.

This document was last updated June 15, 2017