Welcome to the website of Revel XP, LLC (“Revel”). The following are the Terms of Use ("Terms") that govern your use of Revel XP's sites including without limitation www.revelxp.com  (the "Site") and your purchase, possession, or use of any tickets, products, or services for sale on the Site.

Our Privacy Policy, and any other policies, rules, or guidelines that may be applicable to particular offers or features on the Site are also incorporated into the Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time.

The Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you use the Site, you affirm you are at least 13 years old.

NOTICE REGARDING FUTURE CHANGES TO TERMS:

We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The "Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes. To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Revel and the organizers and hosts of the events operated by Revel against any companies affiliated with Revel or the organizers and hosts of the events operated by Revel —relating to such risks, hazards, and dangers.

Table of Contents

1. Account Registration
2. Code of Conduct
3. Ownership of Content and Grant of Conditional License
4. Making Purchases
5. Claims of Copyright Infringement on the Site
6. Links
7. Parental Controls
8. Access from Outside the United States
9. Violation of Terms
10. Disclaimer of Warranties
11. Limitation of Liability
12. Indemnification
13. Governing Law and Venue
14. Severability
15. Questions
16. Account Registration

You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as purchasing a ticket, goods or services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar, or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. Revel will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. Revel may require you to change your username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. Revel may refuse registration, cancel an account, or deny access to the Site for any reason.

2. Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations and that you will not:

• Restrict or inhibit any other person from using the Site.
• Use the Site for any unlawful purpose.
• Express or imply that any statements you make are endorsed by Revel, without Revel’s prior written consent.
• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of Revel.
• Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
• Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Engage in spamming or flooding.
• Harvest or collect information about Site users.
• Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event.

3. Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets, goods and services obtained from the Site (collectively, the “Content”), are owned by Revel or our licensors. Revel owns the copyright and other intellectual property in the Site and Content. Revel may change the Content and features of the Site at any time.

Revel grants you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by the Terms if, as a condition precedent, you agree that you will not:

• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
• Link to any portion of the Site other than the URL assigned to the home page of the Site.
• "Frame" or "mirror" any part of the Site.
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content.
• Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
• Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Revel may revoke this exception at any time and require removal of archived materials gathered in the past.
• Use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
• Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Content.
• Reproduce or scan tickets in a format or medium different from that provided by the Site.
• Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
• Use the Site or the Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
• Use bot technology to search for, reserve, or purchase tickets, goods or services through the Site; for the avoidance of doubt, this specifically prohibits you from using automated purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted purchasing limits or to maintain the integrity of posted purchasing order rules.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, and other intellectual property rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by Revel or our licensors. You may not use our trademarks, logos, and service marks in any way without Revel’s prior written permission.

4. Making Purchases

These Terms and any other terms set forth on the Site will govern your purchase of any tickets, goods or services through the Site, including any refunds or exchanges. Revel may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods.

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.

You will not hold Revel liable if you do not comply with laws related to your transactions. Revel may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If Revel is unable to verify or authenticate any information you provide during any registration, ordering, purchase, payment, or remittance process, or any other process, or if Revel is no longer able to verify or authorize your credit card or bank account information, your tickets, goods and services may be cancelled, Revel may refuse to honor all pending and future purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. Revel may also prohibit you from using the Site.

5. Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the DMCA), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov.

Notices and counter-notices should be sent to Revel by emailing legal@teallcapital.com. There can be penalties for false claims under the DMCA. Revel suggests that you consult your legal advisor before filing a notice or counter-notice.

It is Revel’s policy to terminate, in appropriate circumstances, repeat infringers’ access rights to the Site.

6. Links

The Site contains links to other websites that may not be owned or operated by us. The fact that Revel may link to those websites does not indicate any approval or endorsement of those websites. Revel has no control over those websites. Revel is not responsible for the content of those websites, or the privacy practices of those websites. Revel strongly encourages you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

7. Parental Controls

Revel cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at www.onguardonline.gov. Revel does not endorse the products or services listed at that website.

8. Access from Outside the United States

The Site is directed to people residing in the United States. Revel does not represent that Content available on or through the Site is appropriate or available in other locations. Revel may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

9. Violation of the Terms

Revel may investigate any violation of the Terms, including unauthorized use of the Site. Revel may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. Revel may take legal action that Revel feels is appropriate. You agree that monetary damages may not provide Revel a sufficient remedy, and that Revel may pursue injunctive or other relief for your violation of the Terms. If Revel determines that you have violated the Terms or the law, or for any other reason or for no reason, Revel may cancel your account, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under the Terms. You agree that Revel will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and Revel will not be required to make the Site or your account or any related information available to you. Revel may also cancel any order, and tickets, goods or services acquired through your order. Revel may refuse to honor pending and future purchases made from all accounts Revel believes may be associated with you, or cancel a purchase or order for tickets, goods or services associated with any person Revel believes to be acting with you or exercise any other remedy available to Revel.

10. Disclaimer of Warranties

REVEL PROVIDES THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". REVEL TRIES TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, REVEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. REVEL DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. REVEL IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE REVEL FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

11. Limitation of Liability

IN NO EVENT WILL REVEL OR OUR EVENT ORGANIZERS, SUPPLIERS, ADVERTISERS, AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REVEL WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF REVEL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN, OR DAMAGED TICKETS OR GOODS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN REVEL AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN REVEL AND YOU. REVEL’S AGGREGATE LIABILITY ARISING OUT OF THE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID REVEL IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. REVEL’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES, OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH.  THE PROVISIONS OF THIS PARAGRAPH THAT (a) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (b) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID REVEL IN THE PAST TWELVE MONTHS, AND (c) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

12. Indemnification

If anyone brings a claim against Revel related to your use of the Site, the Content, or your violation of the Terms, you agree to indemnify, defend, and hold Revel and our affiliated companies, event organizers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). Revel reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with Revel in asserting any available defenses.

13. Governing Law and Venue

By using the Site, you agree that applicable federal law, and the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Revel. Any dispute or claim relating in any way to your use of the Site will be adjudicated in the state or Federal courts in Forsyth County, North Carolina, and you consent to exclusive jurisdiction and venue in these courts. Revel and you each waive any right to a jury trial.

14. Severability

It is Revel’s belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the Terms, and (b) the remaining parts shall be deemed valid and enforceable.

15. Questions

If you have any questions, comments, or complaints regarding the Terms or the Site, please contact us at:

Revel XP, LLC
Attn: Legal Department
500 West 5^th
Suite 1200Winston-Salem, NC 27101
legal@teallcapital.com