Terms
And Conditions

Last updated: March 30, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.opengaters.com website and the OpenGaters mobile application (together, or individually, the "Service") operated by Opengaters LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Refunds

Guests should attempt to contact the host directly, then OpenGaters if no response within 7 days.

OpenGaters will process refunds via the Stripe dashboard (and can adjust refund amounts); Hosts can alert OpenGaters that a refund is necessary via the contact support option in the mobile app

For cancellations, OpenGaters will reimburse guests and stop the scheduled payout to hosts automatically.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Opengaters LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Opengaters LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

OpenGaters is a place where anyone can create or find live experiences that fuel their passions. As both an organization that cares about diversity of thought and a global platform that fosters a vibrant community, we are committed to providing a safe environment for live experiences. We may not agree with every view or opinion expressed at every event, but we strongly believe in the fundamental right to free speech and assembly. To help you understand what is acceptable on OpenGaters and what crosses our line, we created this set of Community Guidelines:

Do's

1. Create Tailgates (sub events) at a Main Event

Whether you're interested in sports, music or nearly anything else-you're free to create tailgates that bring people together prior to a main event.

2. Share Respectful, Celebratory Content

We highly encourage the use of content that celebrates different cultures, countries, and voices. Express yourself and inspire our community with your unique perspective and insight.

3. Post Self-Generated or Properly Obtained Content

You are welcome to use content in your tailgate event listing that you've created yourself, or procured appropriately, provided that it is not hateful or explicit in nature, or otherwise in violation of these Guidelines. This includes photos, videos, logos, and copy.

Don'ts?

You may not use OpenGaters to post content or engage in any conduct that is (in our sole evaluation) offensive, harmful, or inappropriate for general audiences, or that we believe constitutes or is likely to encourage or promote any harmful, violent, or illegal activity or outcome. Below, you will find more information about the types of activities, events, and content that are not permitted on or through OpenGaters Services.

1. Sell Event-Related Merchandise

OpenGaters prohibits selling event-related merchandise or accommodations in tandem with your event tickets. Just make sure you are staying within legal rules of the main event location.

2. Don't Promote Illegal or Inappropriate Activities

OpenGaters may not be used to facilitate harmful or criminal activity of any kind. You may not create or promote events on the OpenGaters Services that constitute or promote any of the following, as determined by OpenGaters:

• Explicit sexual activity (including escort services), or pornography,

• Illegal gambling activity (whether illegal under any U.S. federal or state law, or non-U.S. law),

• Sale or ingestion of illegal drugs, other illegal substances, or nutraceuticals,

• Cannabis or cannabis-infused products (including CBD) provided for free, for sale by the Organizer, or as part of the ticket purchase (including free samples, infused food/beverage, gift bags, product discounts, and giveaways), attendee sharing of cannabis, teaching how to grow or extract cannabis (including infused cooking classes), or dispensary tours,

• Activities that principally promote any other commercial product or service, such as an "infomercial," unless such promotion is expressly indicated to users in a legally sufficient way, such as through a prominent "Advertisement" disclosure,

• Unauthorized multi-level marketing businesses,

• Credit repair services,

• Raffles, sweepstakes, or giveaways that are not part of a live event listed on OpenGaters,

• Listings promoting the sale or distribution of any goods or services not directly related to a tailgate event listed on OpenGaters,

• Activities that demean, harass, intimidate, threaten or express hatred toward any societal group, whether based on race, ethnicity, religion, national origin, gender identity, sexual orientation, disability, age, or veteran status,

• Sale, distribution (including raffles, auctions, giveaways), unlawful use, or trade shows of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury,

• Terrorist activity or organized criminal activity.

3. Don't Post Hateful/Dangerous Content, or Events By Hateful/Dangerous Organizations

OpenGaters does not permit on our platform content or organizations that promote or encourage hate, violence, or harassment towards others and/or oneself. Specifically, we prohibit content or organizations that promote hate towards or the harassment of individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity. This prohibition extends to the public promotion of this type of prohibited behavior whether or not specific to the event or content appearing as part of the Services.

4. Don't Post Harmful or Illegal Content

We expect you to respect the individuals, organizations, and groups that are a part of the OpenGaters community. You may not distribute any written or other content through the OpenGaters Services that:

• Impersonates any person or entity, including without limitation any governmental officials or public figure; falsely states or otherwise misrepresents your affiliation with any person or entity; or expresses or implies that OpenGaters endorses any statement you make without express written approval to do so,

• Promotes or encourages hate or dangerous content (as we've also described above),

• Defames or libels any other person,

• Invades any person's privacy, or contains a person's likeness without their permission,

• Harasses, threatens or seeks to intimidate any person (also described above),

• Is fraudulent, deceptive or tortious, or

• Is protected by copyright, trademark or trade secret law, unless you have the express prior written consent of the owner of such right.

5. Don't Resell Tickets, Engage in Prohibited Sales or Advertising

OpenGaters is a platform for authorized ticket sellers to offer tickets to their own tailgate event surrounding the promotion of a main event from, the public. The platform may not be used to resell tickets, sell physical goods, administer raffles, sweepstakes, contests or games of chance of any nature, or otherwise facilitate the sale of anything other than a ticket for your own event.

You may not use the OpenGaters Services to:

• Collect or extract any information from the Services for any commercial purpose, such as to resell information (whether personal or other information), or create a new dataset or service, or

• Post or transmit any unsolicited advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, investment opportunity, or any other form of commercial solicitation (except for sponsored events themselves).

6. Don't Interfere with the OpenGaters Services

To maintain the security and integrity of the OpenGaters Services, you may not do any of the following:

• Interfere with or disrupt the operation of the OpenGaters Services or the servers or networks used to make the Services available,

• Post, transmit through or release into the OpenGaters Services a virus, worm, Trojan Horse, time bomb, spyware, rootkit, cancelbot, or other computer code, file, or program that is harmful or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment,

• Access, or program any technology to access the Services through any robot or "bot," crawling or scraping technology, or other extraction technology (for any purpose), or

• Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.

7. Don't Infringe on the Intellectual Property Rights of Others

You may not upload or distribute content on OpenGaters that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). This includes, but is not limited to, all images, logos, videos, and text uploaded on your event listing. Additionally, you may not do the following on the OpenGaters Services:

• Remove any copyright, trademark or other proprietary rights notice from the Services or any material displayed by the Services, or

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion or aspect of the Services.

If you have identified an unauthorized use of your intellectual property on OpenGaters, please follow the process in our Copyright and Trademark Policy.

8. Don't Invade the Privacy of Others

Be thoughtful and careful about the kind of information you ask for. You may not use OpenGaters to collect credit card numbers, social security numbers, financial information, or other sensitive information not absolutely necessary for the administration of your event, and not available for collection through alternative methods.

9. Don't Post Explicit Content

OpenGaters is not a place for pornography, or for explicit, violent and/or graphic content. This applies to all content on our site, including images, videos, and descriptions. We understand that not all nudity is pornographic, and that certain graphic content may be necessary to emphasize the nature of an event on our Services. We will remove content that exposes certain parts of the body, or is intended to celebrate violence or primarily to shock the viewer. Beyond this, we may choose to remove or make certain content private to ensure a general level of safety and appropriateness for the majority of the community.

How to Flag and Process for Review

Our goal is to promote a safe and respectful community. If you learn that any listing or content that violates these Community Guidelines or our Terms of Service, please contact us right away, or in the case of an event, use the Report This Event link in the mobile app. We will review each report, and depending on the nature of the report, we may or may not follow up with you. It's also important to remember that OpenGaters encourages a diverse, global community; content that you find offensive or controversial may not violate our Community Guidelines, and not result in your desired action. We truly value your feedback and the opportunity to hear from our community.

Violations of our Community Guidelines

If we determine that the content violates our Community Guidelines, we may remove only the relevant content, we may take down the entire event listing, or take alternative action that OpenGaters determines to be appropriate given the circumstances surrounding the content. If the abuse of our Services is serious and severe (in our sole evaluation), we may also suspend or terminate the associated OpenGaters account. Note that certain content, while not in violation of our Community Guidelines, may not be appropriate for the majority of our community. In these cases, we may decide to make the content private. If we believe there is a legitimate risk of physical harm to someone or a group of people, or direct threats to public safety, we not only take action on our site, but will also work with law enforcement, as appropriate and at our discretion. If you or someone you know is in immediate danger as a result of content posted on OpenGaters, please first contact your local law enforcement agency. Once you've reported the issue to law enforcement, click here to report the issue directly to OpenGaters.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Opengaters LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Opengaters LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Opengaters LLC

Opengaters LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Opengaters LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Opengaters LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Opengaters LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Opengaters LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us: info@opengaters.com

Copyright © 2019 OpenGaters - All Rights Reserved.