Terms of Use

We don’t sell tickets

Every listing here comes from someone else: a ticket seller, a venue, or an event platform. When you follow a link to buy, you leave Day & Night, and the purchase is between you and that seller under their terms. We aren’t a party to it. We can’t issue refunds, transfer tickets, or settle disputes about a sale. Contact the seller for those.

We show dates, venues, prices, fees and availability as the seller reported them the last time we checked, and they change. Events get rescheduled, sell out or are cancelled, and a seller can publish something wrong. Always check the details on the seller’s page before you pay. Listings are not an endorsement of the event, the organizer or the seller.

Other people’s content

Event names, descriptions, flyers and photos belong to the organizers, artists, venues and sellers who published them. Names and logos of ticket sellers are their trademarks. We show this material to help you find the event and link back to where it is sold. Day & Night isn’t affiliated with or endorsed by any seller listed here unless we say so.

If you own something shown here and want it changed or taken down, email hello@daynight.sh with a link to the page. You don’t need a formal notice for that: we’ll remove it. For a formal copyright notice, see Copyright complaints.

Your account

You need an account to say you’re going to something or to follow a venue. You must be at least 13 to have one. Keep your password to yourself; you’re responsible for what happens under your account. If you think someone else has used it, tell us.

Your username and photo are public. They appear next to events you say you’re going to. Don’t pick a name or photo that impersonates someone, infringes someone’s rights, or is hateful, sexual or meant to harass. We may change a username or remove a photo that breaks these rules, and suspend or close accounts that keep doing it.

You own the photo you upload. You give us permission to store it and show it on the site wherever your account appears, until you remove it or close your account.

Emails

Following a venue signs you up for a weekly roundup and an email when it announces a new show. You can switch either off from the venue’s page, your account page, or the unsubscribe link in any email.

Using the site fairly

Don’t:

• break the law, or use the site to harass anyone;
• try to get into accounts or parts of the site that aren’t yours;
• send traffic that degrades the site for everyone else, or get around rate limits or blocks;
• upload malware, or interfere with how the site works.

We may block access from anyone who does.

Copyright complaints

We respond to notices under the Digital Millennium Copyright Act. Send them to hello@daynight.sh. A notice should include:

• your physical or electronic signature;
• the copyrighted work you say is infringed;
• the material on Day & Night you say infringes it, with the page’s URL;
• your name, address, phone number and email;
• a statement that you believe in good faith that the use isn’t authorized by the owner, its agent or the law; and
• a statement that the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for them.

If we remove a photo you uploaded and you believe that was a mistake, you can send a counter-notice to the same address. We close the accounts of repeat infringers.

No warranties

The site is provided “as is” and “as available”. To the extent the law allows, we make no warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or that listings are accurate, complete or current. We don’t promise the site will always be up or free of errors.

Limits on liability

To the extent the law allows, Day & Night won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the site. That includes a ticket you bought, an event that changed or didn’t happen, and anything a seller did. Our total liability for any claim about the site is limited to $100.

If your misuse of the site, or your breach of these terms, leads to a claim against us, you agree to cover our reasonable costs of dealing with it, including legal fees.

Ticket sellers and data providers

Some listings come to us through programs run by ticket sellers, including SeatGeek. The sellers and data providers whose listings appear here, SeatGeek among them, are intended third-party beneficiaries of the sections We don’t sell tickets, No warranties and Limits on liability, and may enforce them as if they were us.

Changes and ending

We may change these terms. When we do, we’ll update the date above, and for a change that matters we’ll tell account holders by email or on the site first. Using the site after a change means you accept it.

You can stop using the site at any time, and delete your account from your account page (the Privacy Policy says what that removes). We may suspend or close an account that breaks these terms. The sections on content, copyright, warranties, liability, sellers and law continue after an account closes.

Law

These terms are governed by the laws of the State of New Mexico, apart from its rules on conflicts of law. Any dispute about them goes to the state or federal courts located in New Mexico, and you and we agree to those courts’ jurisdiction. If a court finds part of these terms unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it.

Contact

Questions about these terms: hello@daynight.sh.