DISCLAIMER:
Blue Holder Pass ‒ In the event that a token is redeemed and so-called “VIP status” isn't offered at an event, then the Holders shall receive a general admission ticket to the event. Admissions to events shall additionally be subject to the terms and conditions of the applicable local venue, and shall be subject to change without notice. The Blue passes shall not be redeemable for any events after December 31, 2023.
Green Holder Pass ‒ A PLS&TY T-Shirt in connection with the Green Holder Pass token shall be available on a first-come, first-serve basis. Shipping to be provided anywhere within the United States ONLY. Artist (PLS&TY) assumes no responsibility in the case that a token holder fails to receive the PLS&TY T-Shirt package in connection with the Green token.
Pink Holder Pass ‒ In the event that a token is redeemed by the Holder and a “Meet & Greet” is not offered at an event, then the Holders shall receive a general admission or VIP ticket to the event. Admissions to events shall additionally be subject to the terms and conditions of the applicable local venue, and shall be subject to change without notice.
Additional Terms and Conditions
- ARTIST SHALL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) FOR ANY LOSS OF PROFIT, USE, REVENUE, BUSINESS, ECONOMIC ADVANTAGE OR GOODWILL, OR FOR ANY WASTED INTERNAL COSTS OR MANAGEMENT, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT.
- Each token may, but is not guaranteed to, include or entitle its Holder to benefits other than receipt of the token itself, such as off-chain assets or “real-life” benefits, as determined from time to time by Artist, in their sole and absolute discretion (“Additional Benefits”). Holder must redeem the Additional Benefits by the date specified in the sales post or metadata link or the Additional Benefits will be forfeited. For the avoidance of doubt, in connection with any Additional Benefits that require Artist to physically perform, it is in Artist’s sole discretion to and Artist has no obligation to physically perform for any reason at all. In the event that Artist does not perform for any reason, you will not receive the Additional Benefits. If any Additional Benefits are unavailable, Artist reserves the right to substitute for different benefits in its reasonable discretion, which may not have the same value (objective or subjective) as the Additional Benefits. Additional Benefits have no cash value and are not redeemable or exchangeable for other consideration except as expressly provided in the applicable token description.
- Artist is not responsible if the Holder is deemed ineligible to participate for reasons outside of Artist’s control (including, without limitation, Holder’s failure to timely redeem the Additional Benefit; or, failure to provide complete or timely registration or health and safety information) in which event some or all of Additional Benefits may be forfeited in its entirety and no substitution will be provided except as in Artist’s sole discretion. Artist will not be responsible for travel disruptions, flight cancellations or delays, or cancellation or postponement of any Additional Benefits or any related activities for any reason, including but not limited to, COVID-19 outbreaks and protocols, other illness or any other reason.
- If an event in connection with an Additional Benefit is canceled, postponed, rescheduled, or moved, we will attempt to contact you to update you on the status of the event, and inform you of any refund, credit, or exchange procedures. For exact instructions on any particular canceled, postponed, rescheduled, or moved event, please check the event information online and in your account (which will include the most current information on the status of the event), or contact the venue. We will not be liable in connection with cancelled, postponed, rescheduled, or moved events, including without limitation liability for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.
- Artist will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): acts of God; flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order, law, or action; embargoes or blockades in effect on or after the date of this agreement; strikes, labor stoppages or slowdowns or other industrial disturbances; shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and other similar events beyond our control. In the event that failure or delay remains uncured for a period of forty-five (45) consecutive days, we may thereafter terminate these Terms.
- Termination. We reserve the right to discontinue, suspend or terminate support for the Additional Benefits that will be described in the NFT token descriptions, at any time. You acknowledge that the NFT ecosystem is in its infancy and as such, there could be risks that are unknown to us at this time. You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs or other blockchain assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using these tokens.
- (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARTIST ENTITY, ARTIST, NOR ITS SERVICE PROVIDERS, INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TOKENS, INCLUDING PLS&TY, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SONG TOKENS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OR INTERACT WITH THE TOKENS OR ACCESS THE ADDITIONAL BENEFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTIST ENTITY AND/OR ARTIST OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- (b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL ARTIST’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE OR INTERACT WITH THE TOKENS EXCEED THE PURCHASE PRICE (FOR CLARITY, ZERO DOLLARS ($0)).
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARTIST AND HOLDER. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ARTIST ON THE APPLICABLE LANDING PAGE, THE TOKENS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS AND AFFILIATES) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. IN NO EVENT WILL WE 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 WE 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 OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN, OR DAMAGED TICKETS, 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 US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR 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 US 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.