PURCHASE POLICY

​

No tickets or other products purchased on Dx"s website are returnable or exchangeable. All sales are final. Before purchasing tickets, it is your responsibility to carefully review your seat location, event, and performance date.

​

Unlawful Resale

​

Purchasers are bound by the laws of the State of purchase, and Dx reserves the right to pursue, to the fullest extent of the law, all penalties allowable for anyone caught counterfeiting, reproducing for sale, or altering tickets for unpaid or illegal entry into an event. We may also prohibit you from using the site. Tickets unlawfully resold or attempted to be resold, counterfeit or copied tickets may be seized and canceled without compensation. Dx has the right to restrict or deny ticket purchasing privileges to anyone that we determine to be in violation of our policies. You agree not to sell, reproduce for sale, alter, or counterfeit the ticket for any reason, and assume all financial liability for the copying of the user’s unique order number and ticket name. Dx tickets are held under the name designated by the purchaser. Unauthorized third party selling or bartering without consent of the artist or venue, is forbidden and can result in suspension or cancellation and the right to purchase tickets for Dx events.

​

Please contact the Box Office if you have any questions about transferring or reselling tickets or Dx reserves the right to cancel your purchase without notice.

​

Rejection and Ejection

 

Event staff reserves the right to refuse admission to, or eject, any person whose conduct the management deems to be disorderly or otherwise fails to comply with event rules. Breach of terms or rules will terminate your rights to attend the event and will not result in a refund.

​

You voluntarily assume all risks and dangers incidental to an event, whether occurring before, during or after an event, and you waive any claims for loss, damage, personal injury, illness or death against Dx, the management of Dx, any agent of Dx, the performing artist(s), participants, and all of their respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any minor accompanying you or for whom you purchased a Ticket.

​

RETURN POLICY

​

No tickets or other products purchased on Dx's website are returnable or exchangeable. All sales are final.

 

Inability to Perform. Dx shall not be liable for its failure to perform or for limited or interfered performance or other cause beyond the reasonable control of the Dx venue due to Acts of God, including, but not limited to, flood, tornado, earthquake, storm, lightning, fire, epidemic or war, national emergency, civil disturbance, riot, sabotage, terrorism, court order or machinery or equipment failure, labor troubles, disputes or strikes, government regulations, utility shortages, restrictions upon travel affecting transportation of foods, beverages or supplies; or any other cause, whether specifically enumerated herein or not, the same shall not constitute a breach of this Agreement by Dx, and Dx shall not be liable to Client for any loss as a result of a force majeure event. Should any Act of God described in this section prevent Dx from providing you with any services contracted herein, Dx shall use reasonable efforts to provide you with a substitute date of commensurate value based on availability, and any amounts paid to Dx shall be applied and credited to your payment obligations in connection with such substitute date.

​

Indemnification. To the extent permitted by law, you agree to indemnify, defend and hold harmless DX, SLMS, Nightlife Ventures and all of its officers, employees, directors, partners, and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney's fees) (“Claims”), arising out of or connected with your function, except those claims arising out of the negligence or willful misconduct of Dx. You further indemnify Dx from all Claims related to a breach by  you of this Agreement and you represent and warrant that your activities conducted at Dx and in connection with the Event shall not infringe the patent, copyright or trademark rights or violate rights of privacy or publicity of any third party.

​

Promotional Considerations. We have the right to review and approve any advertisements or promotional materials in connection with your function which specifically reference the Dx intellectual property, including but not limited to our name or logo. Dx reserves the right to refuse approval of any material bearing its name, likeness or logo for any reason, in its sole discretion.

​

Attorney’s Fees. The parties agree that in the event that any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its reasonable attorney's fees and costs, plus pre and post judgment interest, as may be finally determined and awarded by the trier of fact.

​

Arbitration. The parties agree that subject to the exclusion of intellectual property matters as set forth below, any dispute in any way arising out of or relating to this Agreement will be resolved by arbitration before JAMS or American Arbitration Association in the City and State of Massachusetts; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, false advertising, false representation, unfair competition and/or infringement of intellectual property rights shall not be subject to this provision. The parties further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the arbitration rules, that the law of Massachusetts will be the governing law, and any arbitration award will be enforceable in state or federal court.

​

Amendments The parties agree that any amendments or changes to the arrangements described in this Agreement must be made in writing, signed by both you and us.

 

Entire Agreement This Agreement, including these terms and conditions together with our BEO, and Invoice constitutes with exhibits attached (if any), constitutes the entire agreement between the parties, Dx and Client.

​

Miscellaneous You cannot not assign any of your rights or obligations under this Agreement without Dx's prior written consent. We are acting in the capacity of an independent contractor to you. This Agreement will not be construed as creating any agency, partnership, joint venture or other form of joint enterprise, nor will it create an employment or fiduciary relationship between you and us, and neither party has the authority to contract for or bind the other party in any manner whatsoever. This Agreement is for solely for the benefit of the parties hereto. Nothing in this Agreement will confer on any other person or entity any legal or equitable rights, benefits or remedies of any nature whatsoever. This Agreement and all matters resulting from or arising from or in connection with this Agreement are governed by the laws of the Commonwealth of Massachusetts, without regard to reference to any conflicts of law provisions, and any matter must be brought in such jurisdiction. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or enforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such other term or provision. No waiver by us of any of the provisions of this Agreement is effective unless explicitly  set forth in writing and signed by us. No failure on our part to exercise, or delay by us in exercising, any rights or remedies in this Agreement will operate as a waiver of such rights or remedies. Should this contract not be signed and executed by the Due Date as stated above, then this agreement will be considered null and void in its entirety. The Venue will have no responsibility to continue to hold Event Space on a tentative basis, or otherwise, any further beyond the Due Date.

​

​

​