Last Updated July 20, 2023
1.1 We are Digital Delane, LLC d/b/a Festival Noire. a California Corporation with a registered address of 6080 Center Dr. 6th Floor, Los Angeles, Ca 90045.
1.2 We are a ticketing agent selling tickets via our website on behalf of promoters, organizers, managers, and venues of music, entertainment, sports and similar events (our “Event Partners”). We sell tickets allocated to us by our Event Partners, so the tickets we have available for sale for each event will vary and we do not control the ticket inventory or availability.
2.1 Any ticket purchased or otherwise acquired (“Purchased”) through the website is subject to:
These Purchase Terms;
The Event Terms and Conditions, if applicable; and
Any additional terms and conditions of the relevant Event Partner(s) which can be found on their respective websites or at the venue itself or which are disclosed during the ticket purchase process.
2.2 We facilitate the Purchase of tickets for events, and from time to time, where expressly stated, we may act as a promoter or organizer of an event. Where Festival Noire is not the event organizer, we exclude any liability and/or responsibility for the quality or nature of any such event including (but not limited to): your view at the venue where such event or show takes place, or the sound quality, local conveniences or accessibility of the event; any aspect of the quality of the stream you are able to watch for events streamed over the internet.
2.3 By purchasing a ticket through our website, you warrant that the purchased ticket(s) will be used for your personal use only and not for any commercial purpose.
2.4 When you purchase a ticket you obtain a right to attend or watch the event as granted by the relevant Event Partner. The relevant Event Partner will be shown in the event listing on our website, preceded by the words: “Presented by.” We make available tickets on behalf of third party Event Partners who are not connected in any way with Festival Noire. Those third party Event Partners are responsible to you for the relevant event. For the avoidance of doubt, from time to time, Festival Noire may be the Event Partner and this will be made clear in the Event information on Festival Noire.
2.5 Any changes to an event that occur after you have Purchased a ticket (such as a change of date/time, location, program, or artist, or an event cancellation) are the sole responsibility of the Event Partner for that event. Please see Section 3, which sets out how we will inform you of any changes to an event.
2.6 By hitting the ‘Purchase Tickets’ button on our website, you are making a contractual offer to purchase the ticket(s). This offer is only accepted by Festival Noire on behalf of, or acting as, the Event Partner once you receive a confirmation email from us (as such it’s important that you provide an accurate email address to Festival Noire).
2.7 Upon Purchase of a ticket, you will receive a confirmation to the email address (as provided to us during your registration on our website) containing any additional details about the event. It is your responsibility to check these details carefully before the event. Your ticket is stored on the Festival Noire website, and is found by clicking on the ‘My Bookingd’ option of the site menu. Your ticket is required for entry to the venue or access to the stream and must be presented upon request for each ticket holder. You may be asked by the venue or streaming platform to separately verify your identity and/or age by providing ID for events with age restrictions. For online events, access will be communicated to you via your in-website ticket, or the Festival Noire website, and/or emails sent on the day of the online event.
2.8 When Purchasing tickets via the website, you will be limited to a maximum number of tickets for each event (as specified on the order page of the website).
2.9 You must purchase tickets only for those events which you plan to attend. You may not purchase tickets for the purpose of resale, transfer, or conveyance to any third party. You must purchase tickets in your personal capacity and not for commercial benefit or gain.
2.10 We may make available certain goods (for example, merchandise), services and digital content (“Non-Ticket Items”) for purchase via the website. Please see Sections 12 and 13 below for more information.
CANCELLATIONS, POSTPONEMENTS AND CHANGES
3.1 By agreeing to Purchase a ticket, you agree to waive any rights you may have to withdraw from the contract. This means that once you have Purchased a ticket, it cannot be exchanged or refunded except in the following circumstances:
If an event is cancelled by the Event Partner, they are responsible for refunding the original ticket proceeds to you. Festival Noire will arrange for the full refund to ticket holders on the Event Partner’s behalf and subject to us obtaining the funds to be provided from or on behalf of the Event Partner. We aim to do this within five working days of the Event Partner returning the original proceeds to us to enable us to process refunds.
If an event is postponed by the Event Partner, ticket holders may be given the option (subject to local laws and regulations) to either exchange their existing ticket for a new ticket for the rescheduled event date, or receive a voucher for the full ticket price, or a full refund.
In accordance with our Waiting List feature for sold out events, where websitelicable. Please see
Sections 6 and 7 below for details.
If the Event Partner has activated Festival Noire’s cooling-off/automated refunds feature, unless the off-sale time of the Event is within 24 hours, in which case no such refunds will be available.
3.2 If an Event Partner notifies us of any changes to an event, or we are aware of any significant changes to an event where Festival Noire is the Event Partner, we will:
- Send a message to the mobile phone number or email address specified by you when registering with the website informing you of the change; and
- Inform you about the Event Partner’s procedure for reimbursements and refunds, where websiteropriate.
3.3 We will not reimburse the cost of Purchased tickets after an event has taken place unless instructed otherwise by, and at the discretion of, the Event Partner. You will not be entitled to a refund if you fail to attend an event or make an error when purchasing tickets (for example you buy the wrong quantity or the wrong time zoned ticket for an online event). You will not be entitled to a refund if you or cannot view an online event for technical reasons not caused by Festival Noire. In no circumstances will a refund be issued if requested for an Event due to take place within 24 hours of the request.
PRICES AND FEES
4.1 The price of the ticket(s) or Non-Ticket Item(s) listed on our website includes any websitelicable taxes and will be the price indicated on the order pages of the website when you placed your order. The price of a ticket may go up or down over time but you will pay the price shown when you place your order.
4.2 We accept payment with Visa, MasterCard, American Express, websitele Pay, Android Pay and any other payment methods indicated in the website. You must pay for your order before the ticket(s) or Non-Ticket Item(s) will be provided to you.
4.3 We take all reasonable care to ensure that the price of the ticket(s) or Non-Ticket Item(s) set out on our website is correct. If we discover an error in the price of your order, we will contact you to give you the option of either reconfirming your order at the correct price, or cancelling your order. We will debit or refund the method you used for payment of the order, as applicable. If we are unable to contact you, you agree that we may treat your order as cancelled.
5.1 Some tickets available on the website will be issued for a particular seat or seating area at the event venue. When ordering such tickets, the website may give you the option of selecting your preferred seating area (rather than individual seat numbers).
5.2 Where you have selected a seating area when placing your order for the tickets, we may contact you at a later date and before the event to give you the option of selecting a particular seat number for your ticket(s) (“Set Seat”), so long as you inform us of your selection via the website and within the timeframe provided to you by us. Please note that you may be required to pay a small charge to us via the website, in addition to the ticket price, in order to select a Set Seat. We will notify you of this charge when giving you the option to select a Set Seat.
5.3 Where you do not select a Set Seat under Section 5.2, we will allocate individual seat number(s) to you for your ticket(s) within the seating area you selected when placing your order. We will notify you of your seat numbers via the website and prior to the event. We will endeavor to ensure that where you have ordered more than one ticket, each ticket will be allocated seats that are next to each other. If you have any questions in relation to seat allocation please contact us at support@FestivalNoire.com.
5.4 Festival Noire has the right to allocate you alternative seats of an equal value.
5.5 Any seating charts shown via the website will reflect the general layout of the venue at that time. For some events the layout and specific seat locations may vary without notice. Neither Festival Noire nor the Event Partner will be liable for any difference between seating charts shown in the website and the layout of the venue.
WAITING LISTS REFUNDS
6.1 When an event has sold out and as agreed with the Event Partner, Festival Noire may enable the waiting list feature (“Waiting List”) for that event.
6.2 Where the conditions of Section 6.1 have been met, you may have the option to offer your ticket to the Waiting List via the website in order for it to be offered to other users of the website, so long as the return is made prior to the Event Partner’s deadline. This deadline is at the discretion of the Event Partner, though Festival Noire endeavors to make the deadline as close as possible to the stated event time.
6.3 Once you have agreed to offer your ticket to the Waiting List, you forfeit your rights to the ticket(s) and they will no longer exist in your account during the Waiting List period. If the ticket(s) offered is not successfully Purchased by another user from the Waiting List, the ticket(s) will be returned to your account prior to the Event Partner’s deadline, and you will be able to use the ticket, but not be eligible for a refund. If the ticket(s) is successfully Purchased by another user from the Waiting List before the deadline, it will be deemed to have been resold by the Event Partner to the new purchaser as described in Section 2.3, your rights to the ticket will cease entirely, and a full refund of your original Purchase for that ticket(s) will be provided to you. You will not be paid the difference (if any) between the original Purchase price and the price for which the ticket was resold for, if higher (with such difference being the “Waiting List Fee”).
WAITING LISTS PURCHASES
7.1 The website may allow you to sign up to the Waiting List for an event. If additional tickets are available for Purchase either by the Event Partner providing Festival Noire with more tickets to sell on its behalf, or other users returning their Purchased tickets to the Waiting List in accordance with Section 6.2, you will be notified and given a limited time period in which to Purchase the tickets through the website (“Timeframe”).
7.2 The ticket(s) Purchased via the Waiting List are subject to a higher price above the original price of the ticket(s). The Waiting List price you see in the website is the total higher price for that ticket when purchased through the Waiting List feature, including the Waiting List Fee.
7.3 If you have joined the Waiting List and offered a ticket(s), you are under no obligation to Purchase.
7.4 Failure to complete a Purchase of ticket(s) offered to you within the Timeframe will result in the tickets being offered to the next person on the Waiting List. Users who miss an opportunity to Purchase tickets offered to them from a Waiting List during the Timeframe may contact support@FestivalNoire.com in order to be placed back on the Waiting List. A user added back on to the Waiting List in this way will join at the end of the Waiting List (and will not be given their original position).
7.5 You acknowledge that joining a Waiting List does not guarantee you will successfully Purchase a ticket that becomes available. We are also not responsible if you fail to receive a notification or complete a transaction within the Timeframe in order to successfully Purchase the offered ticket(s).
8.1 You are responsible for checking the event details before Purchasing a ticket to ensure that the event’s artist, date, time, location, age limit, and any other restrictions are correct and acceptable to you. You will not be eligible for a refund in instances where such restrictions prevent your attendance.
8.2 online events will sometimes be shown at multiple times to suit viewers in different time zones. The time zone stated in the event description is fixed, and unless otherwise stated does not exclude fans from outside that territory or time zone from purchasing. However, it is your responsibility to check that the time zone for which you are purchasing is suitable for you. Festival Noire cannot guarantee refunds or exchange of tickets for an alternative time zone if you mistakenly purchase a ticket for a time zone that does not suit your viewing.
NON RESALE OF TICKETS
9.1 Except where prohibited by local law or regulation, you may not resell or transfer your tickets, except for under (i) the ‘Limited Right to Transfer Tickets’ feature described below in Section 10, and only if such reselling or transfer is not prohibited by law or by the relevant Event Partner, or (ii) the ‘Waiting List’ feature specified in Section 6. Further, you may not duplicate a ticket, for example, by taking a screenshot of the ticket on your device or, for live online events, giving your access details to another person.
9.2 Any resale or transfer (or attempted resale or transfer) of a ticket in breach of Section 9.1 is grounds for the immediate confiscation, invalidation, or cancellation of that ticket without refund or other compensation, and may result in full suspension of your use of the ticket transfer feature or full suspension of the original ticket holder’s use of the website in general, at Festival Noire’s sole discretion.
LIMITED RIGHT TO TRANSFER TICKETS
10.2 Festival Noire provides this feature to facilitate the transfer of the rights to a ticket between individual persons not acting in a business capacity. The transfer does not extend to the payment for the ticket, which must be arranged separately and directly between the Sender and the Recipient.
10.3 Due to restrictions placed on Festival Noire by Event Partners, only tickets for certain events may be transferred using this feature. If the event does not allow the transfer of tickets as a feature within the website, you may contact support@FestivalNoire.com to request this manually by providing the full name and email of the Recipient to whom you wish to transfer a ticket. Conditions for the Recipient to receive the ticket are as described above. You must contact Festival Noire at least two weeks in advance of the event date if you wish to transfer a ticket in this way. If you contact us to transfer your ticket with less than this notice period, we cannot guarantee we will be able to fulfill your request. Any requests to transfer tickets in this manner that are received less than two weeks before the event may be denied at Festival Noire’s sole discretion.
10.4 When using the ticket transfer feature, the Sender is responsible for ensuring that the email of the Recipient is correct for the intended purchaser of the ticket. Any ticket successfully transferred to a Recipient automatically becomes the property of that Recipient and the Sender then has no rights in relation to the ticket. Festival Noire is not responsible for any tickets mistakenly sent to the wrong Recipient and cannot transfer the tickets in question back to the Sender without the Recipient’s prior authorization or consent.
10.5 The Sender is responsible for requesting and arranging any payment for the ticket separately and directly with the Recipient. Any such payment for the transferred ticket must not exceed the face value of the ticket; i.e., the Sender is not allowed to charge more than the original ticket price in order to earn a profit or otherwise commercially benefit from the ticket transfer transaction. Festival Noire is not responsible for any Recipient refusing to pay any Sender. If an event is cancelled, a refund will be made to the Sender as the original ticket holder by the same means as payment for the ticket was originally made. The Sender is then responsible for remitting the refund separately and directly to the Recipient.
10.6 When requested by the Sender, Recipients of tickets are responsible for settling payment separately and directly with the Sender for an amount no greater than the face value of the ticket.
10.7 If the Recipient of a transferred ticket is unable to attend the event, the tickets may be transferred again to a new Recipient or returned to the original Sender using the process set out above.
10.8 Except where prohibited by local law or regulation, it is prohibited for any Recipient to pay more than face value for a ticket. Festival Noire will conduct periodic checks with Recipients to ensure that no more than face value was paid for any ticket. Any transfer of tickets under this Clause 10 for commercial purposes is strictly prohibited, including but not limited to using purchased tickets in prize draws, competitions, the onward resale through ticket brokers or ticket resellers, or any other conveyance that violates these Purchase Terms . Any Sender found to have requested or received payment from a Recipient above the face value, or found to have transferred (or offered to transfer) a ticket for commercial use, is in breach of the terms under which the ticket was sold and that may be cause for the immediate confiscation, invalidation, or cancellation of the ticket without any refund or other compensation and for a future restriction on the use of the ticket transfer feature or full suspension of the Sender’s use of the website in general, at Festival Noire’s sole discretion.
LIABILITY AND WARRANTY DISCLAIMERS
11.1 Festival Noire assumes no responsibility for tickets purchased through third parties or unofficial sales points. Festival Noire is not responsible for any differences in price with other media or sales channels.
11.2 Festival Noire is not responsible for:
Loss or theft of personal mobile devices, any tickets stored within the website on a lost or stolen device or any hardcopy tickets. Events in real life are generally provided with a door list with names of individuals who have purchased tickets through the website. Our Event Partners may seek to allow you to gain entry to the event without your mobile phone by you speaking to a Festival Noire or event representative who will ask for ID verification in order to allow access to the event. However, this is not guaranteed.
Any personal arrangements including travel, accommodation or hospitality relating to the attendance or an event. neither we nor the relevant event partner shall be liable to you for any loss of enjoyment or wasted expenditure.
Any issues relating to the quality of a online event including but not limited to buffering, pixelation, functionality of the stream, or access to the stream from a specific device, unless such issues are the fault of Festival Noire.
Any exchange or bank fees incurred by you arising from the normal course of payment or reimbursement.
11.3 Except as otherwise set out in these purchase terms, our liability to you in connection with:
- An event (including, but not limited to, any cancellation, rescheduling or material change to the program of the event or the quality of an event, or your ability to view an online event) and the ticket you have purchased shall be limited to the price paid by you for the ticket or $5, whichever is higher; or
- A non-ticket item shall be limited to the price paid by you to us for that non-ticket item.
11.4 Festival Noire shall have no liability if you are refused entry to, or removed from, an event by any third party and for any reason.
11.6.1 ‘Covid-19’ means the global outbreak of the respiratory coronavirus disease known as COVID-19 and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (and any subsequent waves or derivatives of the same). There is a risk of the transmission of Covid-19 in any environment where people come together, which is increased in enclosed spaces with an increased number of people.
11.6.2 By purchasing tickets to an event via the website, you accept that neither Festival Noire nor the Event Partner can guarantee that you will not be exposed to Covid-19. You voluntarily accept the risk of being exposed to, contracting or spreading Covid-19. You agree that Festival Noire and the Event Partner are not responsible or liable for any injuries, sickness, or death resulting from such causes.
11.6.3 You also agree:
To comply with all health and safety protocols implemented by the Event Partner (which can be amended at any time according to the latest guidance or legislation, or as otherwise deemed necessary). These protocols may be communicated to you via various channels including but not limited to the Event Partners website, venue signage or as instructed by venue staff at the event;
To abide by all government guidance aimed at preventing the transmission of Covid-19; and
Not to enter the venue if you believe you may have been infected with Covid-19.
ACCESS TO VENUES AND ONLINE EVENTS
12.1 Your purchase of a ticket to an event via our website will enable you to attend the event, or view the online event, subject always to the terms and conditions specified in these Purchase Terms. By purchasing a ticket on the website, you acknowledge that the Event Partner reserves the right, on reasonable and lawful grounds, to refuse entry to, block online access, or remove from the premises any ticket holder without requirement to offer a refund or other compensation.
By way of example, the Event Partner may remove a ticket holder who:
- Has behaved in a manner which, in the reasonable opinion of the Event Partner has, or is likely to, affect the enjoyment of other visitors; or
- Uses threatening, abusive or insulting words or behavior, or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
- In the reasonable opinion of the Event Partner, is under the influence of alcohol or drugs; or
- Fails, when required, to produce proof of identity or age (as or when appropriate); or
- Fails to comply with any measures intended to fight the spread of Covid-19 or other public health measures.
12.2 By accepting these Purchase Terms, you acknowledge that Festival Noire shall have no liability if you are refused entry to an event, or you are removed or blocked from a online event, by an Event Partner or otherwise for the actions or inactions of the Event Partner.
12.3 Unless stated in the event copy, all online events are broadcast as live experiences. It is your responsibility to ensure that you are ready and able to watch the event ahead of time, in accordance with the instructions sent via the website or in Festival Noire’s event communications. Unless otherwise stated, you should assume that online events will not be available to watch after the listed time and date, and that you will not be able to pause or rewind online events.
12.4 To view an online event, you should ensure you are viewing via an up-to-date web browser on a laptop or desktop computer. Though Festival Noire does work with a number of streaming platforms and casting configurations, we cannot guarantee functionality when online events are viewed via casting devices, smart TVs, games consoles or other hardware. If for any reason you experience buffering or access issues during an online event, we are unable to guarantee a refund or rewatch opportunity.
13.1 We may make available certain Non-Ticket Items for purchase via the website (including goods, services and digital content) for and on behalf of an Event Partner. Such Non-Ticket Items include but are not limited to VIP passes, parking passes, and camping passes. The Event Partner is responsible for fulfilling any Non-Ticket Item you purchase, and Festival Noire accepts no liability for any non-fulfilment of a Non-Ticket Item by an Event Partner. Sections 12 and 13 only websitely to the purchase of Non-Ticket Items (and not to tickets).
13.2 Any Non-Ticket Item purchased through the website is subject to:
These Purchase Terms;
Any additional terms and conditions of the relevant Event Partner(s) which can be found on the event pages when making a purchase.
14.1 Note that where we have made a Non-Ticket Item available via the website on behalf of an Event Partner, any cancellation or return of that Non-Ticket Item will also be subject to the terms and conditions of that Event Partner.
14.2 Note that you do not have a right to change your selection or cancel:
- Tickets or other forms of entry to an event;
- Any upgrades or additional services including travel, catering, accommodation, transport or services relating to leisure activities, to be provided on a specified date or during a specified period;
- Services, once these have been completed, even if the 14-day cancellation period is still running;
- Digital content after you have started to download or stream these; and
- Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
14.3 You have the right to change your selection and cancel a purchase made via the website for:
- Goods within 14 calendar days of the day on which you receive the goods;
- Services within 14 days after the day we email you to confirm we accept your order.
However, once we have completed the services you cannot change your selection or cancel, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your selection or cancelled.
Digital content within 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your selection or cancel.
14.4 You can cancel by emailing us at support@FestivalNoire.com.
14.5 If you have received the goods before you have made your cancellation request to us, you will need to return the goods to us (or the Event Partner, depending on the instructions we give you) within 14 calendar days of telling us you wish to cancel. The goods must be returned in perfect original sale-able condition in the original packaging and with all tags attached, to either the Event Partner (to the address notified to you by us) or to Digital Delane d/b/a Festival Noire, 6080 Center Dr. 6th Floor Los Angeles, Ca 90045. You are responsible for any return shipping charges. For your protection, please be sure to return your goods via a reputable carrier such as FedEx.
14.6 We will refund you the price you paid for the goods, service or digital content including any the original delivery costs. We will make any refunds due to you as soon as possible, and in any event within 14 days after the day on which we receive (or the relevant Event Partner receives) the goods back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the goods back to us (or the Event Partner).
14.7 We (or the Event Partner on whose behalf we sold the relevant goods) may make deductions from the price (excluding delivery costs) to reflect any reduction in the value of goods returned, if this has been caused by your handling them in a way which means they are not in perfect original sale-able condition in the original packaging and with all tags attached. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
15.1 We have the right to remove or revoke your tickets (including any tickets transferred in accordance with Clause 10) and provide a full refund to the payment card account holder if your Purchase is suspected of being fraudulent and/or if we have grounds to suspect that your tickets were Purchased using a stolen card (the ‘Suspected Fraud’).
15.2 Where clause 14.1 applies, we are not obliged to notify you of the removal, revocation or refund, nor provide you with any detail of the Suspected Fraud. This is to ensure that those committing fraud are not alerted to the methods of investigation.
15.3 If you believe that your tickets have been removed incorrectly due to Suspected Fraud, you may dispute this by contacting our support team at support@FestivalNoire.com.
16.1 Certain events may be recorded for commercial and/or promotional purposes by the Event Partner. When accessing the venue or show you consent to your image being captured and used in this way.
16.2 Festival Noire reserves the right to obtain photographs, audio or video of all events for which Festival Noire makes tickets available, including any of the foregoing that may depict your image or likeness. When accessing the venue or show you consent to your image or likeness being captured as described in the foregoing sentence, and to us reproducing and/or publishing your image or likeness in the website, on our website, and in other promotional materials, social networking channels and other materials related to the website for our business purposes.