ePrivacy and GPDR Cookie Consent by Cookie Consent Terms and Conditions - Disco!

Terms and Conditions

Last Modified: 7/18/2021

You agree that your use of Disco! to book or list Spaces (as defined below) or Services (as defined below) is and will be subject to these Terms. Our Privacy Policy also governs your use of Disco!.These terms or conditions, as amended or modified from time to time, are sometimes referred to as the “Terms.”

Disco!’s Platform:

Our platform connects individuals to certain event spaces owned or operated by third parties and vendors (“Spaces”) and the related services of such third parties or vendors (“Services”) . We do not own or manage any Space or Services listed through Disco!. Listings of Space and Services are based on information provided to us from time to time by other users, vendors or third parties which information may be inaccurate or out of date. Each such third-party provider or vendor of Space or Services offered through Disco! is solely responsible for the character, quality, utility, delivery and all other aspects of Space or Services.You agree to comply with any requirements of the third party providers of Space and/or Services.

Limitation of Liability and Your Responsibilities:

Disco!’s offerings are limited solely to facilitating connections among guests, hosts, vendors and other third parties for bookings of Space or Services. You acknowledge and agree that Disco! holds no responsibility or liability for the information or content in any listings including but not limited to the availability, safety or condition of the Space or Services. Disco! does not own, lease, operate or control Space or provide Services. You are solely responsible for all fees, taxes and charges associated with the booking of Space and Services.

YOU ASSUME, AND HOLD US HARMLESS FROM AND AGAINST, ANY AND ALL INJURIES, ILLNESS AND DAMAGES INCURRED BY YOU OR OTHERS IN ANY WAY RELATING TO SPACE AND/OR SERVICES, AND IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF SPACE OR SERVICES.

SUBJECT TO THE FOREGOING, IN NO EVENT SHALL ANY LIABILITY OF OURS EXCEED THE AMOUNT FEES PAID TO US BY THE THIRD PARTY PROVIDER OF SPACE OR SERVICES TO YOUR USE OF SPACE AND/OR SERVICES. YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK.

DISCO! IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM ANY INVESTIGATION OR DUE DILIGENCE WITH RESPECT TO THIRD PARTY PROVIDERS OF SPACE OR SERVICES, INCLUDING, WITHOUT LIMITATION, FINANCIAL CHECKS, CRIMINAL OR CIVIL CHECKS), THE CONDITION OR ADEQUACY OF SPACE OR SERVICES WHETHER THEY ARE IN COMPLIANCE WITH LAW.DISCO! DOES NOT GUARANTEE THE ADEQUACY, PERFORMANCE OR OTHER ASPECT OF SPACE OR SERVICES.

WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVISION, OR FOR THE CONDITION OR NATURE, OF ANY SPACE OR SERVICES.

YOU AGREE TO ASSUME ALL RISKS ASSCOCIATED WITH SPACE OR SERVICES VOLUNTARILY, INCLUDING, WITHOUT LIMTIATION, RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH.

DISCO!’S PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NON-INFRINGEMENT

Indemnification:

You agree to reimburse, compensate, indemnify and hold us and our employees, agents, managers, members, owners, officers and representatives harmless from and against any and all third-party claims, demands, liabilities, judgments, losses, costs and expenses (including, without limitation, attorneys’ fees and costs) and damages arising out of, in connection with, or related to: (a) your use of Space and/or Services; (b) your breach of any contract between you and providers of Space and/or Services or any oter third party or between you and us, including, without limitation, any of these Terms and conditions; (c) information you provide through Disco!’s platform; (c) your failure to comply with laws; (d) your providing of information to us that is inaccurate or incomplete, (e) any bodily injury (including death) or damage to tangible or real property to the extent caused by you or your guests.

Fees: All applicable platform specific Service Fees will be displayed to the user prior to completion of a booking. Disco! reserves the right to alter its fees at any time. In most cases, Disco! does not display a final cost of your actual event. It is the responsibility of the user and venue or service provider to agree upon the final cost of the event including all taxes and fees.

It is your responsibility to understand all anticipated charges prior to or on the date of your event including cancellation fees. Disco! does not determine pricing for Space or Services. Disco! does not determine cancellation policies. You should confirm this information prior to the specified cancellation window for Space or Services. You acknowledge and agree that Disco! is not a party to the agreement between you and any third party relating to Space or Service you choose. Disco! is not responsible for charges incurred due to late cancellations. If a User misses the cancellation window communicated for their booking, it is the User’s responsibility to resolve any conflicts directly with the Service or Vendor.

Intellectual Property:

All of Disco!’s rights in intellectual property (including all patents, trademarks, service marks, registered designs, design right, database rights, copyrights, trade secrets, and other confidential information, know-how, and all other intellectual and industrial property and rights of a similar nature in any part of the world) belongs and will belong solely and exclusively to Disco! and its licensors and you shall not use or disclose the same except as expressly and lawfully permitted.

Miscellaneous

Amendments: We may amend or modify these terms and conditions at any time by posting the modified terms and conditions on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Disco!’s platform. Your continued use of the Platform or Services after we amend or modify these terms and conditions constitutes your consent to the revised terms and conditions, which revised terms and conditions shall constitute the Terms.

No Partnership or Joint Venture; No Commitments: Nothing in these Terms shall establish any partnership or joint venture between any of the parties, constitute any party the agent or employee of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.

Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including, by way of example only, natural disaster, embargo, explosion, riot, war, civil disorder, fire, strike, lockout, acts of terrorism, acts of God, pandemic, epidemic, national, regional or local emergency (each a “Force Majeure Event”). Our delayed party’s obligations under these Terms are suspended as long as the Force Majeure Event continues, and such party will make reasonable efforts to perform thereafter.

Assignment: You may not assign these Terms or any rights granted to you, if any, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign our rights under these Terms and have our obligations assumed without your consent.

Entire Agreement: The Terms, including all documents incorporated herein, constitute the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Severability: If any provision of the Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited or eliminated to the least extent necessary so the other provisions of the Terms remain valid, in force and enforceable.

Non-Waiver: Our failure to enforce any right or remedies will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

No Third Party Beneficiaries: The Terms do not and is not intended to confer any rights or remedies on persons other than the parties hereto.

Notices: You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you.

Governing Law and Disputes: These Terms shall be governed by and construed and enforced in accordance with the laws of Missouri, without regard to its conflicts or choice of laws principles. All disputes arising under or relating to the Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Missouri.

Headings: The headings in these Terms are for reference only and shall not affect the interpretation of this Agreement.