These Terms of Service are a legal agreement between you and Redshift Software LLC, a Delaware limited liability company, doing business through the NEXPA platform.
Please read these Terms carefully. By accessing or using NEXPA, creating an account, listing a venue, submitting a booking request, creating an event, selling tickets, purchasing tickets, messaging another user, or otherwise using the platform, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use NEXPA.
NEXPA is a technology platform designed to help people discover venues, request event space, create public events, and purchase tickets to events.
NEXPA may allow venues, property operators, event spaces, hospitality businesses, promoters, event organizers, brands, and other users to create profiles, display venue listings, receive booking inquiries, create events, promote events, and sell tickets.
NEXPA is not a venue owner, landlord, property manager, real estate broker, event producer, promoter, insurer, security provider, alcohol provider, caterer, or public assembly operator unless we expressly state otherwise in writing.
NEXPA does not control, manage, inspect, supervise, or guarantee any venue, event, organizer, host, guest, ticket buyer, performer, vendor, security plan, alcohol service, food service, permit, license, or on-site condition.
NEXPA provides technology tools that help users connect, communicate, request bookings, create events, and process ticket transactions. Any agreement for venue access, event production, rental terms, capacity, security, staffing, alcohol service, food service, equipment, insurance, permits, or local compliance is between the applicable users and third parties, unless Redshift Software LLC expressly agrees otherwise in a separate written agreement.
For purposes of these Terms:
“NEXPA,” “Platform,” “Services,” “we,” “us,” or “our” means the NEXPA website, mobile applications, software, tools, features, services, content, payment-related integrations, communication systems, listing tools, ticketing features, and related services operated by or on behalf of Redshift Software LLC.
“Redshift Software LLC” means the Delaware limited liability company that owns and operates NEXPA.
“User,” “you,” or “your” means any person or entity that accesses or uses NEXPA, including Guests, Organizers, Hosts, ticket buyers, venue representatives, account holders, and visitors.
“Guest” means a user who browses venues, discovers events, submits inquiries, purchases tickets, attends events, saves listings, follows organizers, or otherwise uses NEXPA as a consumer or attendee.
“Organizer” means a user who creates, promotes, manages, hosts, produces, or sells tickets to an event through NEXPA.
“Host” means a venue owner, venue operator, property manager, hospitality business, authorized representative, or other user who creates or manages a venue listing on NEXPA.
“Venue” means a physical location, event space, hospitality venue, rooftop, lounge, restaurant, bar, gallery, hotel space, private room, club, outdoor space, or other location displayed or made discoverable through NEXPA.
“Listing” means a venue profile, venue page, event space description, photo gallery, amenities list, capacity information, availability information, or other content made available by or on behalf of a Host.
“Booking Request” means a request, inquiry, message, proposal, or other communication submitted through NEXPA by a user seeking to use or learn more about a Venue.
“Event” means a public, private, ticketed, non-ticketed, branded, social, entertainment, hospitality, promotional, cultural, nightlife, dining, music, networking, or other gathering created, promoted, listed, discovered, or ticketed through NEXPA.
“Ticket” means a digital or physical authorization, confirmation, QR code, receipt, credential, guest-list entry, or other access method used to attend an Event.
“User Content” means any content submitted, uploaded, posted, transmitted, displayed, or otherwise made available by users through NEXPA, including photos, logos, descriptions, event names, venue names, messages, reviews, ratings, comments, profile information, ticket descriptions, and promotional materials.
“Payment Processor” means Stripe, Stripe Connect, or any other third-party payment service provider used by NEXPA to process payments, payouts, refunds, chargebacks, identity verification, tax reporting, fraud review, or related financial services.
“NEXPA Fee” means any fee, commission, service fee, platform fee, ticketing fee, technology fee, or other amount charged by NEXPA in connection with the Services.
“Ticket Revenue Share” means NEXPA’s percentage-based revenue share from ticket sales processed through the Platform.
“Venue Booking Fee” means any fee charged by NEXPA as a commission on a venue rental or venue booking. As of the Effective Date of these Terms, NEXPA does not charge a Venue Booking Fee.
You must be at least 18 years old to use NEXPA.
By using NEXPA, you represent and warrant that:
We may refuse access to NEXPA, suspend accounts, terminate accounts, remove content, cancel transactions, or limit platform features if we believe a user is ineligible, has violated these Terms, has created risk for NEXPA or others, or has used the Platform in a fraudulent, unsafe, misleading, or unlawful manner.
Some features of NEXPA may require you to create an account.
You agree to provide accurate, current, and complete information when creating or updating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree not to:
You must promptly notify NEXPA if you believe your account has been compromised or used without authorization.
NEXPA is not responsible for losses arising from unauthorized account access unless caused by NEXPA’s own failure to use commercially reasonable security measures required by applicable law.
NEXPA is a platform provider. NEXPA helps users discover venues, submit booking requests, create events, sell tickets, purchase tickets, and communicate through technology tools.
NEXPA is not a party to any agreement between a Host and an Organizer or Guest for use of a Venue, unless NEXPA expressly signs a separate written agreement stating otherwise.
NEXPA does not guarantee that:
Users are responsible for conducting their own diligence before entering into any arrangement, attending any Event, listing any Venue, selling any Ticket, or accepting any Booking Request.
Hosts may be able to create Listings for Venues on NEXPA.
Unless NEXPA provides otherwise, Venue Listings may include information such as photos, venue name, location, general description, amenities, capacity, style, layout, availability, contact methods, and other information relevant to event discovery.
NEXPA does not require Hosts to display venue rental pricing on Listings. NEXPA may choose not to display venue rental pricing because venue terms may depend on event type, date, time, guest count, staffing, security, food and beverage, minimum spend, insurance, production needs, and other business factors.
Hosts are solely responsible for ensuring that their Listings are accurate, lawful, not misleading, and authorized.
By creating or managing a Listing, a Host represents and warrants that:
NEXPA may review, edit, reject, remove, suspend, or modify Listings at any time if we believe a Listing violates these Terms, creates risk, is misleading, infringes rights, harms the Platform, or is otherwise inappropriate for NEXPA.
NEXPA may allow users to submit Booking Requests to Hosts.
A Booking Request is an inquiry only. Submitting a Booking Request does not guarantee that a Venue is available, approved, held, reserved, booked, or contracted.
Unless NEXPA expressly provides a separate written booking-confirmation process, any Venue booking, rental agreement, deposit, minimum spend, event agreement, insurance requirement, cancellation term, food and beverage arrangement, or other commercial term is handled directly between the applicable Host, Organizer, Guest, venue, or third party.
NEXPA does not charge a commission on Venue bookings as of the Effective Date of these Terms. NEXPA may charge fees for premium features, subscriptions, promoted listings, advertising, ticketing, or other platform services if disclosed before purchase or use.
Hosts and Organizers are responsible for confirming all material terms before proceeding with any event, including:
NEXPA is not responsible for disputes arising from off-platform venue agreements, side agreements, deposits, minimum spends, private contracts, or other arrangements made directly between users.
NEXPA may allow Organizers to create Events and sell Tickets through the Platform.
Organizers are solely responsible for their Events, including the accuracy of Event descriptions, admission terms, ticket categories, pricing, capacity, age restrictions, venue approval, permits, licenses, insurance, security, staffing, performers, vendors, refunds, taxes, and compliance with applicable law.
By creating an Event or selling Tickets through NEXPA, an Organizer represents and warrants that:
NEXPA may remove, suspend, or restrict any Event if we believe the Event violates these Terms, creates safety or legal risk, misleads users, infringes rights, violates venue requirements, or harms the Platform.
NEXPA may earn revenue through a percentage of ticket sales processed through the Platform.
NEXPA does not charge a commission on Venue bookings as of the Effective Date of these Terms.
Ticket prices, fees, taxes, and other charges must be displayed in a manner that complies with applicable law. NEXPA may require Organizers to provide complete pricing information so that mandatory fees, platform charges, processing fees, taxes, and other required amounts can be displayed before a Guest completes a purchase.
NEXPA may charge or deduct fees from Ticket sales, including a Ticket Revenue Share, payment processing costs, service fees, platform fees, technology fees, or other fees disclosed through the Platform.
Organizers authorize NEXPA and its Payment Processor to deduct applicable fees, refunds, chargebacks, reversals, disputes, taxes, and other amounts from Ticket proceeds or connected accounts as permitted by these Terms, the Payment Processor’s terms, and applicable law.
NEXPA may change its pricing, fees, and revenue share structure from time to time. Any material fee changes will apply prospectively unless otherwise permitted by law or separately agreed in writing.
NEXPA uses third-party payment processors, including Stripe and Stripe Connect, to process payments, payouts, refunds, disputes, chargebacks, identity verification, fraud prevention, and related financial services.
By using payment features on NEXPA, you agree that you may be required to accept the applicable terms and policies of Stripe or another Payment Processor.
NEXPA does not store full payment card numbers. Payment information is handled by the Payment Processor according to its own terms, security practices, and privacy policies.
NEXPA may delay, withhold, reverse, or cancel payments or payouts if required by law, requested by a Payment Processor, connected to suspected fraud, related to a dispute or chargeback, associated with a violation of these Terms, or necessary to protect NEXPA, users, payment partners, or third parties.
NEXPA is not responsible for payment delays, account holds, verification requirements, payout restrictions, chargebacks, processing failures, or other payment issues caused by a Payment Processor, bank, card network, user error, fraud review, regulatory requirement, or third-party service.
NEXPA may provide ticketing technology, payment processing integrations, and event management tools, but NEXPA is not the producer, operator, or guarantor of Events unless we expressly state otherwise in writing.
Refunds, cancellations, postponements, reschedules, venue changes, lineup changes, capacity changes, admission issues, and event modifications are primarily the responsibility of the applicable Organizer.
Unless otherwise required by law or expressly stated at checkout, all Ticket sales may be final once purchased. However, Organizers may choose to offer refund terms for particular Events, and NEXPA may provide tools for Organizers to issue refunds, credits, transfers, or other remedies.
An Organizer is responsible for clearly disclosing any Event-specific refund or cancellation terms before a Guest purchases a Ticket.
If an Event is canceled, postponed, materially changed, oversold, denied venue access, or otherwise cannot occur as described, NEXPA may, in its discretion and subject to applicable law, take one or more of the following actions:
NEXPA is not responsible for costs incurred by Guests or other users in connection with canceled, postponed, changed, or unsatisfactory Events, including travel, transportation, lodging, outfits, lost time, lost business opportunities, childcare, food and beverage costs, or other incidental expenses.
If a Guest cannot attend an Event, the Guest’s refund rights are governed by the refund terms disclosed at purchase, applicable law, and any additional policy posted by NEXPA or the Organizer.
NEXPA may refuse or reverse a refund if we believe a request is fraudulent, abusive, duplicative, inconsistent with disclosed terms, or connected to a violation of these Terms.
Users agree not to misuse chargebacks, payment disputes, refund requests, or payment reversal systems.
A Guest should contact NEXPA or the Organizer before initiating a chargeback when the issue can reasonably be resolved through the Platform. Nothing in these Terms limits any rights a consumer may have under applicable law, card network rules, or Payment Processor rules.
If a chargeback, dispute, reversal, refund, fraud claim, or payment investigation occurs, NEXPA may share relevant transaction information with the Payment Processor, banks, card networks, Organizers, Hosts, fraud prevention vendors, law enforcement, or other parties as reasonably necessary to resolve the matter.
Organizers are financially responsible for chargebacks, refunds, reversals, disputes, fees, fines, penalties, and related costs arising from their Events, unless NEXPA determines in its sole discretion that the issue was caused by NEXPA’s own error.
NEXPA may deduct or offset disputed amounts from current or future payouts, require additional information, suspend payout eligibility, or restrict ticket sales if we believe there is elevated risk of fraud, chargebacks, consumer complaints, Event cancellation, unsafe conduct, or legal noncompliance.
NEXPA may cancel suspicious transactions, reject payment methods, limit purchase quantities, require identity verification, block accounts, or take additional fraud-prevention steps without prior notice.
Organizers are responsible for every Event they create, promote, manage, or ticket through NEXPA.
By creating an Event, an Organizer represents and warrants that:
Organizers are responsible for all Event-related claims, losses, liabilities, fines, penalties, chargebacks, refunds, consumer complaints, venue disputes, property damage, personal injuries, and third-party claims arising from their Events, except to the extent caused by NEXPA’s own willful misconduct or violation of law.
NEXPA may require Organizers to provide additional information before or after an Event, including venue confirmation, proof of authority, permits, insurance certificates, tax information, payout information, identity verification, refund plans, security plans, or other documentation.
NEXPA may remove an Event or suspend Organizer access if the Organizer fails to provide requested information.
Hosts are responsible for the Venues they list on NEXPA and for any direct arrangements they enter into with Organizers, Guests, vendors, or third parties.
By creating or maintaining a Listing, a Host represents and warrants that:
NEXPA does not set Venue rental pricing, require Hosts to display Venue pricing, collect Venue rental commissions, or guarantee that a Booking Request will result in a confirmed booking.
Hosts are responsible for negotiating and documenting any Venue rental terms directly with the applicable Organizer or Guest, including rental fees, deposits, minimum spend, food and beverage commitments, staffing, security, insurance, cleanup, overtime, cancellation terms, and damages.
NEXPA is not responsible for Venue conditions, Venue availability, lease restrictions, ownership disputes, management disputes, denied access, double bookings, minimum spends, security deposits, direct payments, or off-platform agreements between Hosts and other users.
NEXPA may remove, hide, suspend, or restrict a Listing if we believe the Listing is inaccurate, unauthorized, unsafe, unlawful, outdated, misleading, duplicative, infringing, low quality, or otherwise harmful to the Platform.
Users are solely responsible for understanding and complying with the laws, regulations, codes, permits, licenses, and approvals that apply to their activities on NEXPA.
Depending on the Event, Venue, location, size, and activities involved, legal requirements may include rules relating to:
NEXPA does not provide legal advice and does not determine whether a user, Venue, Event, Host, or Organizer has satisfied applicable legal requirements.
A user’s ability to create a Listing, submit a Booking Request, create an Event, or sell Tickets on NEXPA does not mean that NEXPA has verified legal compliance.
NEXPA may request documentation, remove content, restrict accounts, cancel transactions, or suspend activity if we believe a user may be violating applicable law or creating legal, safety, reputational, or payment risk.
Users are responsible for complying with all laws and venue rules related to alcohol, tobacco, cannabis, controlled substances, age-restricted products, and regulated activities.
NEXPA does not sell, furnish, distribute, serve, supervise, authorize, license, or control alcohol or controlled substances.
If alcohol is served, sold, sponsored, promoted, included, or otherwise made available at an Event, the applicable Organizer, Host, Venue, caterer, concessionaire, license holder, or third-party vendor is solely responsible for obtaining and maintaining all required licenses, permits, approvals, insurance, training, staffing, age verification procedures, and compliance controls.
Organizers and Hosts must not use NEXPA to promote illegal drug use, unlawful alcohol service, underage drinking, unauthorized bottle service, unlicensed alcohol sales, unlawful cannabis activity, or any activity that violates applicable law or venue rules.
NEXPA may remove, restrict, or cancel any Event or Listing that appears to involve unlawful or unsafe alcohol service, controlled substances, age-restricted activity, or regulated products.
Users agree not to admit underage individuals into age-restricted Events or allow minors to purchase, possess, consume, or access alcohol or regulated products in violation of law.
Guests are responsible for complying with age restrictions, ID requirements, venue rules, and Event rules. A Ticket purchase does not guarantee admission if a Guest fails to satisfy lawful admission requirements.
Events and Venues can involve inherent risks, including crowds, alcohol, loud music, stairs, rooftops, weather, lighting conditions, transportation, third-party vendors, crowd movement, personal interactions, theft, property damage, and personal injury.
Users are responsible for making safe and informed decisions when using NEXPA, attending Events, hosting Events, listing Venues, or interacting with other users.
Organizers and Hosts are responsible for implementing appropriate safety measures for their Events and Venues, which may include:
NEXPA does not provide security services, emergency services, medical services, crowd control, fire safety services, inspection services, or on-site supervision unless expressly agreed in a separate written agreement.
Users should report unsafe conduct, suspected fraud, unauthorized Events, unlawful activity, or emergency concerns to NEXPA when appropriate. In an emergency, users should contact local emergency services first.
NEXPA may take action when safety concerns arise, including removing Events, restricting Ticket sales, suspending accounts, contacting payment processors, preserving information, notifying users, cooperating with law enforcement, or taking other steps we believe are appropriate.
NEXPA does not provide insurance for Users, Hosts, Organizers, Guests, Venues, Events, vendors, performers, contractors, or attendees.
Hosts and Organizers are responsible for determining what insurance is appropriate or required for their activities, Venues, and Events.
Depending on the circumstances, insurance may include:
NEXPA may require Hosts or Organizers to provide proof of insurance before using certain Platform features, listing certain Venues, selling Tickets, or hosting certain Events.
NEXPA’s request for proof of insurance does not mean that NEXPA has verified coverage, approved coverage, guaranteed coverage, or determined that coverage is sufficient.
Users should consult qualified insurance professionals regarding their own needs and obligations.
Users may be able to submit, upload, publish, display, send, or otherwise make available User Content through NEXPA.
You retain ownership of the User Content you submit, subject to the rights granted in these Terms.
By submitting User Content to NEXPA, you grant Redshift Software LLC a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, distribute, modify, adapt, translate, create derivative works from, promote, and otherwise use your User Content for purposes of operating, improving, marketing, protecting, and providing the Platform.
This license allows NEXPA to display venue photos, Event pages, descriptions, organizer profiles, Listing content, reviews, logos, promotional materials, and related content in connection with the Platform.
You represent and warrant that:
NEXPA may remove, edit, restrict, or refuse User Content at any time if we believe it violates these Terms, creates legal or safety risk, infringes rights, harms users, harms the Platform, or is otherwise inappropriate.
NEXPA has no obligation to monitor all User Content, but we may do so at our discretion.
NEXPA may allow users to communicate, send messages, post reviews, leave ratings, follow accounts, save Venues, share Events, or interact through Platform features.
Users agree to communicate honestly, professionally, and lawfully.
Reviews and ratings must reflect genuine experiences and must not be fraudulent, manipulated, paid for without disclosure, retaliatory, defamatory, discriminatory, threatening, harassing, obscene, or misleading.
Users may not:
NEXPA may remove, hide, edit, restrict, or reject reviews, messages, ratings, or communications that we believe violate these Terms or harm the integrity of the Platform.
NEXPA may monitor, review, scan, store, or analyze messages and communications sent through the Platform for purposes including safety, fraud prevention, support, dispute resolution, product improvement, enforcement, and legal compliance.
Users should not use NEXPA messaging for emergencies, legally required notices, confidential negotiations, or communications that must be preserved outside the Platform.
By using NEXPA, you consent to receive transactional communications from NEXPA, including account notices, booking-request updates, Event updates, Ticket confirmations, security alerts, policy updates, support messages, payment notices, and administrative messages.
You may also choose to receive marketing communications from NEXPA. You may opt out of marketing emails as required by law, but you may still receive transactional or service-related communications.
If NEXPA offers SMS, text message, or push notification features, separate consent, opt-out, and carrier terms may apply. Message and data rates may apply.
You agree not to use NEXPA in any way that is unlawful, unsafe, misleading, abusive, fraudulent, harmful, or inconsistent with these Terms.
You may not, and may not encourage, assist, or enable any other person to:
NEXPA may determine in its discretion whether conduct violates these Terms. We do not need to wait for harm to occur before taking action.
NEXPA may take action to protect users, Hosts, Organizers, Guests, payment partners, venues, third parties, and the Platform.
If we believe you have violated these Terms, created risk, caused harm, misled users, violated law, abused the Platform, or acted inconsistently with the purpose of NEXPA, we may take one or more actions, with or without notice:
NEXPA’s failure to enforce a provision of these Terms does not waive our right to enforce that provision later.
NEXPA is not required to monitor all activity on the Platform. However, we may review, investigate, moderate, remove, restrict, or preserve activity and content when we believe it is appropriate.
We may use automated tools, manual review, third-party vendors, user reports, payment signals, fraud indicators, public information, and other sources to help detect violations and protect the Platform.
We may not always explain enforcement decisions if doing so could compromise security, fraud prevention, user privacy, law enforcement activity, legal rights, or platform integrity.
NEXPA and its related technology, designs, software, interfaces, features, logos, trademarks, service marks, trade names, brand elements, graphics, text, workflows, layouts, databases, code, algorithms, recommendations, search functions, ticketing tools, listing tools, and other materials are owned by Redshift Software LLC or its licensors.
These Terms do not transfer ownership of NEXPA or any Redshift Software LLC intellectual property to you.
Subject to your compliance with these Terms, NEXPA grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purpose.
You may not use NEXPA’s name, trademarks, logos, branding, screenshots, interface, designs, or other protected materials without our prior written permission, except as allowed by law or expressly permitted through Platform features.
You may not copy, reproduce, distribute, sell, rent, license, modify, publicly display, publicly perform, transmit, exploit, or create derivative works from NEXPA or its content except as expressly permitted by these Terms.
All rights not expressly granted are reserved by Redshift Software LLC and its licensors.
If you provide ideas, feedback, suggestions, improvements, feature requests, comments, designs, business concepts, bug reports, or other input about NEXPA, you agree that Redshift Software LLC may use them without restriction or compensation.
You grant Redshift Software LLC a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, copy, modify, distribute, commercialize, and otherwise exploit any feedback you provide for any purpose.
You agree that feedback is not confidential and does not create any obligation for NEXPA to compensate you, credit you, implement your suggestion, or keep your idea private.
NEXPA may integrate with or link to third-party services, including payment processors, identity verification providers, analytics tools, mapping providers, messaging tools, email providers, SMS providers, cloud hosting providers, fraud prevention vendors, social networks, calendar tools, and app stores.
Third-party services are not controlled by NEXPA.
Your use of third-party services may be governed by separate terms, policies, fees, and privacy practices. You are responsible for reviewing and complying with those third-party terms.
NEXPA is not responsible for third-party services, including their availability, accuracy, security, performance, errors, delays, data practices, payment decisions, account restrictions, verification requirements, chargebacks, payout holds, policy changes, or failures.
If a third-party service stops supporting NEXPA, changes its terms, limits access, experiences downtime, or causes an issue, NEXPA may modify, suspend, or discontinue affected Platform features.
Payment processing is handled by third-party Payment Processors, including Stripe and Stripe Connect. Users who receive payouts may be required to accept separate Payment Processor terms, complete identity verification, provide tax information, and satisfy compliance requirements before receiving funds. Stripe’s Connected Account Agreement governs the relationship between Stripe and connected accounts enrolled through a Stripe Connect platform.
If you download or use an NEXPA mobile application, additional terms may apply through the applicable app store or device provider.
You agree to comply with all applicable app store terms and device rules.
The app store provider is not responsible for NEXPA, the content of the Platform, user activity, Events, Venues, Listings, Tickets, support, maintenance, refunds, claims, or disputes, except as required by the app store’s own terms or applicable law.
NEXPA may update, modify, suspend, or discontinue mobile app features at any time. You may need to install updates to continue using certain features.
Standard carrier rates, data fees, device charges, and internet service fees may apply.
NEXPA may use search, ranking, personalization, recommendation, automation, machine learning, artificial intelligence, or other technology to help users discover Venues, Events, Organizers, Hosts, or content.
NEXPA does not guarantee that recommendations, rankings, search results, suggested Venues, suggested Events, or automated outputs will be accurate, complete, unbiased, available, suitable, safe, lawful, or appropriate for a particular user or purpose.
Users remain responsible for reviewing all relevant information, conducting their own diligence, and making their own decisions before booking a Venue, creating an Event, purchasing a Ticket, attending an Event, entering into an agreement, or relying on Platform suggestions.
NEXPA may consider many factors in search, ranking, and recommendations, including relevance, location, availability, user activity, popularity, quality signals, content completeness, safety signals, commercial relationships, promoted placements, and other factors.
Some results may be sponsored, promoted, featured, or prioritized if clearly identified as required by law or Platform policy.
Users may not manipulate search, ranking, reviews, engagement, clicks, saves, follows, purchases, or Platform signals through fake activity, bots, incentives, undisclosed compensation, coordinated manipulation, or other deceptive conduct.
NEXPA’s collection, use, disclosure, retention, and protection of personal information is described in the NEXPA Privacy Policy.
By using NEXPA, you acknowledge that NEXPA may collect and process information as described in the Privacy Policy, including account information, contact information, transaction information, ticketing activity, communications, device information, usage data, location-related information, and other information necessary to operate the Platform.
NEXPA may share information with service providers, payment processors, fraud prevention vendors, analytics providers, cloud hosting providers, communication providers, legal advisors, law enforcement, regulators, transaction participants, and other parties as described in the Privacy Policy.
Users who obtain personal information through NEXPA, including Hosts and Organizers, may use that information only for legitimate purposes related to the applicable Booking Request, Event, Ticket purchase, or Platform interaction.
Hosts and Organizers may not sell, rent, disclose, misuse, spam, harass, or unlawfully process personal information obtained through NEXPA.
New York’s SHIELD Act requires certain businesses handling private information of New York residents to maintain reasonable safeguards and comply with breach-notification obligations. NEXPA’s Privacy Policy and security practices should be reviewed for this requirement before launch.
NEXPA is constantly evolving. We may modify, update, suspend, limit, replace, or discontinue any part of the Platform at any time.
We do not guarantee that NEXPA will always be available, uninterrupted, secure, error-free, accurate, or compatible with every device, browser, operating system, payment method, or third-party service.
NEXPA may experience downtime, bugs, delays, outages, maintenance, data loss, integration failures, payment issues, or other disruptions.
We are not responsible for losses caused by Platform downtime, feature changes, service interruptions, delayed notifications, failed messages, payment processor issues, app store issues, internet failures, or other events outside our reasonable control.
NEXPA may release new features as beta, trial, preview, limited-access, or experimental features. Such features may be incomplete, unstable, unavailable, changed, or discontinued at any time.
To the maximum extent permitted by law, NEXPA is provided on an “as is” and “as available” basis.
Redshift Software LLC disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and uninterrupted operation.
NEXPA does not warrant or guarantee that:
Users are responsible for their own decisions, agreements, communications, transactions, events, attendance, safety precautions, and legal compliance.
NEXPA does not provide legal, tax, insurance, financial, safety, event-production, real-estate, brokerage, security, alcohol-compliance, or professional advice.
Any information provided through NEXPA is for general platform purposes only and should not be relied upon as professional advice.
To the maximum extent permitted by law, Redshift Software LLC and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, service providers, licensors, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, lost goodwill, lost data, lost opportunities, personal inconvenience, emotional distress, reputational harm, event costs, travel costs, lodging costs, replacement costs, or other intangible losses.
This limitation applies whether the claim is based on contract, tort, negligence, strict liability, statute, warranty, or any other legal theory, even if NEXPA has been advised of the possibility of such damages.
To the maximum extent permitted by law, Redshift Software LLC’s total liability for any claim arising out of or relating to these Terms, the Platform, a Listing, a Booking Request, an Event, a Ticket, a transaction, or any user interaction will not exceed the greater of:
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In those jurisdictions, liability is limited to the greatest extent permitted by law.
Nothing in these Terms limits liability that cannot legally be limited, including liability for intentional misconduct or other liability that applicable law does not allow to be excluded.
Because NEXPA is a platform, disputes may arise between users, including Guests, Hosts, Organizers, Venues, vendors, performers, attendees, or third parties.
To the maximum extent permitted by law, you release Redshift Software LLC and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, service providers, licensors, and partners from claims, demands, damages, losses, liabilities, costs, and expenses arising from or related to:
If you are a California resident, you waive California Civil Code Section 1542 to the extent permitted by law, which says that a general release does not extend to claims the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement with the debtor or released party.
If you are not a California resident, you waive any comparable law, rule, or doctrine to the extent permitted by law.
You agree to defend, indemnify, and hold harmless Redshift Software LLC and its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, service providers, licensors, and partners from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
NEXPA reserves the right to control the defense of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of such claims.
You may not settle any claim in a way that imposes liability, obligation, admission, restriction, or expense on NEXPA without our prior written consent.
Users are responsible for determining, collecting, reporting, and paying all taxes, duties, assessments, fees, and governmental charges that apply to their activities on NEXPA.
Depending on your use of the Platform, taxes may include sales tax, admission tax, amusement tax, occupancy tax, income tax, withholding tax, value-added tax, goods and services tax, local event taxes, and other taxes or charges.
Organizers are responsible for determining whether Ticket sales, Event revenue, service charges, sponsorship revenue, merchandise, food and beverage, or other Event-related amounts are taxable.
Hosts are responsible for determining whether Venue rentals, minimum spends, deposits, food and beverage arrangements, or other direct charges are taxable.
NEXPA may collect, remit, withhold, report, or facilitate taxes if required by law, required by a Payment Processor, or voluntarily implemented through the Platform.
NEXPA may request tax information from users, including legal names, business names, taxpayer identification numbers, addresses, certifications, and forms. Failure to provide required tax information may result in payout holds, withholding, account restrictions, or other consequences.
NEXPA does not provide tax advice. Users should consult qualified tax professionals regarding their own obligations.
NEXPA supports equal access and expects Hosts and Organizers to comply with applicable accessibility laws and venue requirements.
Hosts are responsible for accurately communicating accessibility-related information about their Venues, including entrances, elevators, ramps, restrooms, seating, pathways, parking, service animal policies, and other relevant accommodations.
Organizers are responsible for managing accessibility needs related to Events, including seating, admission, communication, accommodations, crowd flow, staff training, and guest support.
NEXPA does not own, operate, control, inspect, or modify Venues and cannot guarantee that any Venue or Event will be accessible to any particular user.
Users who require accommodations should contact the applicable Host, Organizer, Venue, or NEXPA support when appropriate. NEXPA may attempt to help facilitate communication, but the applicable Host, Organizer, or Venue remains responsible for legal compliance unless NEXPA expressly assumes a specific obligation in writing.
Users may not discriminate against individuals based on disability or deny lawful accommodations required by applicable law.
NEXPA is operated from the United States. If you access or use NEXPA from outside the United States, you are responsible for complying with local laws.
You agree not to use NEXPA in any country, region, or manner prohibited by applicable law, sanctions, export controls, or trade restrictions.
You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not listed on any restricted-party list maintained by the United States government or any other applicable authority.
NEXPA may restrict access to the Platform, refuse transactions, block payments, suspend accounts, or take other action if required by sanctions, export controls, payment processors, banks, card networks, or applicable law.
You may stop using NEXPA at any time.
You may request account deletion through available Platform tools or by contacting NEXPA support. Account deletion may not immediately remove information that NEXPA is required or permitted to retain for legal, safety, fraud prevention, payment, tax, accounting, dispute resolution, backup, or legitimate business purposes.
NEXPA may suspend, restrict, or terminate your account or access to the Platform at any time if we believe:
Termination does not affect rights or obligations that arose before termination, including payment obligations, refund obligations, chargeback obligations, indemnification obligations, intellectual property rights, dispute-resolution provisions, limitations of liability, releases, and provisions that by their nature should survive.
NEXPA may retain, preserve, or disclose account information and User Content after suspension or termination as described in the Privacy Policy and as permitted or required by law.
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, NEXPA, the Platform, Listings, Booking Requests, Events, Tickets, transactions, or user interactions are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in these Terms to the extent applicable.
If any claim is not subject to arbitration or cannot be arbitrated for any reason, the parties agree that the exclusive venue for such claim will be the state or federal courts located in Delaware, unless applicable law requires otherwise.
You and NEXPA consent to the personal jurisdiction of those courts for claims not subject to arbitration.
Please read this section carefully. It affects your legal rights.
Before starting arbitration or a court proceeding, you and NEXPA agree to first try to resolve the dispute informally.
A party with a dispute must send a written notice describing the dispute, the relief requested, and enough information for the other party to evaluate the claim.
Notices to NEXPA must be sent to:
Redshift Software LLC Attn: Legal Department New York, NY [email protected]
NEXPA may send notices to the email address associated with your account.
The parties agree to attempt in good faith to resolve the dispute for at least 30 days after a proper notice is received.
Except for claims that qualify for small claims court, claims seeking emergency injunctive relief, intellectual property claims, or claims that cannot legally be arbitrated, you and NEXPA agree that disputes will be resolved by binding individual arbitration.
This means that you and NEXPA are each waiving the right to have covered disputes decided by a judge or jury in court.
Arbitration will be administered by the American Arbitration Association, JAMS, National Arbitration and Mediation, or another mutually agreed arbitration provider. If the parties cannot agree and the selected provider is unavailable, a court with jurisdiction may appoint an arbitrator.
For consumer disputes, the arbitration will be conducted under the applicable consumer arbitration rules of the selected provider. For business, Host, Organizer, commercial, or non-consumer disputes, the arbitration will be conducted under the applicable commercial arbitration rules of the selected provider.
The arbitrator will have authority to resolve disputes about the interpretation, applicability, enforceability, and scope of this arbitration agreement, except that only a court may decide issues concerning the class-action waiver below.
Either party may bring an individual claim in small claims court if the claim qualifies and remains in small claims court.
Unless the applicable arbitration rules require otherwise, arbitration may be conducted remotely by video, phone, or written submissions.
If an in-person hearing is required, it will take place in Delaware unless the arbitrator determines that another location is required by applicable law or fairness.
Arbitration fees will be governed by the applicable rules of the selected arbitration provider.
For consumer disputes, NEXPA will pay arbitration fees to the extent required by applicable law or the applicable arbitration rules.
The arbitrator may award fees, costs, and expenses to the extent permitted by law, the applicable arbitration rules, or these Terms.
You and NEXPA agree that disputes must be brought only on an individual basis.
To the maximum extent permitted by law, you and NEXPA waive the right to participate in any class action, collective action, consolidated action, private attorney general action, representative action, mass arbitration, or jury trial.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim.
The arbitrator may not consolidate claims of different users or preside over any form of class, collective, consolidated, representative, or mass proceeding unless NEXPA expressly agrees in writing.
If 25 or more similar arbitration demands are filed against NEXPA by or with the assistance of the same law firm, organization, coordinated group, or related representatives, the demands may be treated as related matters.
In that situation, NEXPA may request that the arbitration provider or arbitrator establish reasonable procedures for efficient resolution, including bellwether proceedings, batching, coordinated scheduling, or phased administration.
This provision is intended to improve efficiency and fairness and does not authorize class arbitration.
Nothing in this section prevents either party from seeking:
You may opt out of this arbitration agreement within 30 days after you first accept these Terms.
To opt out, you must send a written notice to:
Redshift Software LLC Attn: Arbitration Opt-Out New York, NY [email protected]
Your opt-out notice must include your full legal name, the email address associated with your NEXPA account, and a clear statement that you wish to opt out of arbitration.
Opting out of arbitration will not affect any other part of these Terms.
If any part of this arbitration agreement is found unenforceable, the remaining parts will remain in effect to the maximum extent permitted by law.
If the class-action waiver is found unenforceable for a particular claim, that claim must proceed in court and not arbitration, unless the parties agree otherwise.
NEXPA may provide notices to you by email, in-app notification, push notification, text message, account message, posting on the Platform, or other reasonable method.
You agree that electronic notices satisfy any legal requirement that notices be in writing, to the extent permitted by law.
You are responsible for keeping your contact information current.
Legal notices to NEXPA must be sent to:
Redshift Software LLC Attn: Legal Department New York, NY [email protected]
NEXPA may update its legal notice address by posting an updated version of these Terms or providing another reasonable notice.
NEXPA may update these Terms from time to time.
If we make material changes, we will provide notice by posting the updated Terms, updating the “Last Updated” date, sending an email, providing an in-app notice, or using another reasonable method.
Changes become effective when posted or when otherwise stated in the notice.
Your continued use of NEXPA after updated Terms become effective means you accept the updated Terms.
If you do not agree to the updated Terms, you must stop using NEXPA.
For existing transactions, Events, Tickets, or Booking Requests, the terms in effect at the time of the applicable transaction may continue to apply where required by law or where NEXPA determines it is appropriate.
These Terms, together with any policies incorporated by reference, form the entire agreement between you and Redshift Software LLC regarding NEXPA.
These Terms do not create a partnership, joint venture, employment relationship, agency relationship, franchise relationship, fiduciary relationship, landlord-tenant relationship, brokerage relationship, or insurance relationship between you and NEXPA.
You may not assign or transfer these Terms or your account without NEXPA’s prior written consent.
NEXPA may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate transaction, change of control, or transfer of the Platform.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
NEXPA’s failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.
Headings are for convenience only and do not affect interpretation.
The word “including” means “including without limitation.”
Any rights or obligations that by their nature should survive termination will survive, including provisions relating to intellectual property, User Content licenses, fees, payment obligations, refunds, chargebacks, taxes, disclaimers, limitations of liability, releases, indemnification, dispute resolution, arbitration, governing law, and miscellaneous terms.
If you have questions about these Terms, please contact:
Redshift Software LLC Attn: NEXPA Legal New York, NY Email: [email protected] Support: [email protected]
For privacy-related questions, please review the NEXPA Privacy Policy or contact [email protected].
For copyright-related notices, please review the NEXPA Copyright and DMCA Policy.
For safety-related concerns, please contact [email protected].