Terms of Service

Please read the following terms and conditions carefully before accessing or using Die Happy Tonight events, services, application, and website. If you do not accept and agree to be bound by all of the terms and conditions of this Agreement or you do not meet or comply with its provisions, you are not permitted to our Events or use of the Website or the Service. Please review this Agreement carefully.

Die Happy Tonight reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.

1) About Us

Die Happy Tonight is operated by WLVS Hospitality LLC. (“us”, “we”, or “our”).  We are full-service event production and promotion company operating out of New York, New York. Please read these Terms of Service (“Terms”) carefully – they set out the basis on which you are allowed to use our website and the additional terms that apply and services you can receive if you become a registered member of the club. If you have any questions regarding these Terms or the use of Die Happy Tonight, please feel free to contact us by emailing our customer services team, whose contact details are provided at the end of these Terms.  You might want to print a copy of the Terms for your own records.

The privacy of your personal data is important to us. Please see our Privacy Policy, which forms part of the Terms, for details of how we will use and process your personal data.

2) Membership of Die Happy Tonight and Use of our Website

Access to and use of the Die Happy Tonight member website, www.letsdht.com, by anyone, is subject to these Terms. By accessing and using the website you agree to be legally bound by these Terms.

If you are accepted as a member of Die Happy Tonight private members club (“Member”) the additional membership related provisions will govern the terms of your membership (“Membership”).

We may update these Terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices. We will endeavour to notify you of any material change that affects you.  However, you should regularly check this page to see if any changes have been made.

If you are a fee paying Member, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a fee paying Member, any changes will become effective as soon as we notify you of them or otherwise make them available www.diehappytonight.com

If you continue to use Die Happy Tonight following the effective date of any variation of these Terms, you will be deemed to have accepted such variation. If you do not agree to such variation, you should stop using Die Happy Tonight.

You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through the Website to resolve the issue. Should a dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank, which may be as much as US$60. You agree that you will pay any outstanding balance you have with DieHappyTonight.com within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.

DieHappyTonight.com reserves the right to offer free membership to any person(s) of its choice at any given time, for any duration, while charging other members, at the same time. DieHappyTonight.com also reserves the right to cancel the free trial period at any time, for all or any of its members.

3) Applications for Membership

Die Happy Tonight is an exclusive private club with limited capacity.  We reserve the right to accept or reject any and all applications for Membership in our absolute discretion.

When you apply to become a Member of Die Happy Tonight you must be aged 21 years old or over and will be asked to provide proof of your identity.  We reserve the right to vet you and your ID documents to verify your identity.

The relevant fees and Membership period for the different levels of Membership will be as set out on the website and registration forms when you apply (the “Membership Fees”).

We reserve the right to update and amend these at any stage at our discretion.

4) Conditions of Membership, – Code of Behaviour, Confidentiality and Content Policy

We operate a strict Code of Behaviour  for all Members of Die Happy Tonight.  You must read this Code of Behaviour before joining Die Happy Tonight and must comply with it at all times – when using the website, at any Event or otherwise in relation to your interactions with other Members and Die Happy Tonight in general.

In addition any content or materials or information that you post on the site or send to other Members must comply with our Content Policy.  See Section 10 below for more information about content on the site.

Privacy, confidentiality and discretion are core values that we require all Members to abide by.  Do not discuss or disclose any non-public information about Die Happy Tonight our Events or our Members to anyone else.

You will be responsible for any use of Die Happy Tonight through your account and/or using your login or password.  Please ensure any person accessing Die Happy Tonight through your account is authorized by you and is aware of these Terms and that they comply with them.

5) Payments and Auto Renewal

Membership Fees are payable in advance for each type of Membership and Membership period. Your Membership will NOT automatically renew. You may choose to terminate your Membership in accordance with Section 6 below (Cancellation and Termination).

In order to provide continuous service, DieHappyTonight.com provides the option for automatic renewal. If the automatic renewal option or checkbox is selected during the payment process, DieHappyTonight.com will automatically renew all paid subscriptions for the Services on the date such subscriptions expire. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals if you had selected the automatic renewal option. If you do not wish your account to renew automatically, or if you want to change or terminated your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein.

6) Cancellation and Termination of your Membership

When you subscribe to any level of paid for Membership you agree to receive the services available under that Membership level immediately. Die Happy Tonight maintains a strict no-refund policy. All purchases made on the Website are final. If you choose to purchase a subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription. Further, you agree that no refunds will be made on any remaining or unused subscription or credits.

When you deactivate your DieHappyTonight.com account or when your account is suspended for violating this Agreement or other policies, you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused membership subscription and credits. Further, if your deactivated DieHappyTonight.com account is reinstated at a later date, you agree that any remaining or unused membership subscription and credits you have remaining at the time of your account deactivation will not be reinstated with your account.

We may terminate your Membership at any time if in our reasonable opinion you have breached any of the terms, conditions, codes or polices set out in these Terms or otherwise relating to your Membership.  In such circumstances termination will take effect immediately and you will not be entitled to any refunds.

We may also terminate your Membership at any time in our absolute discretion to take effect immediately.  In these circumstances you will receive a pro rata refund of Membership Fees for any remaining subscription period.

At the relevant termination date, we will de-activate your account and your access to Die Happy Tonight will cease.  We will delete all content stored in your account and your user details (except where we are required by law to retain such details or need to retain any details for legal reasons).

7) Events

Our events or parties are special events for certain levels of Membership, and are limited by capacity and other restrictions case by case.  As a Member you are entitled to apply for tickets to an Event, but acceptance by us of your application and our allocation of tickets is at our absolute discretion.  Even with a ticket, entry to and continued attendance at an Event is at our absolute discretion.  As such, we may refuse entry or ask for you to leave an Event at our absolute discretion.

Tickets and admission are non-refundable.  If you cannot attend, we cannot refund any costs of the ticket or otherwise.

In the event of cancellation by us we will refund your ticket price, but are not liable for any other costs you may have incurred such as hotels or travel.

In any event you must at all times comply with our Events Policy (“Events Policy”).

8) Merchandise and other purchases

Die Happy Tonight may offer you the opportunity to purchase various items of merchandise through the website.  All purchases are made through third party retailers and you will be directed to their sites to make the relevant purchase.

Killing Kittens is not involved in any elements of the sale or payment processing and is not responsible for any third party sales.

9) Intellectual Property

The Die Happy Tonight website and any information, text, messages, articles, music, videos, images, photographs, and other content displayed on the website or otherwise used by Die Happy Tonight in providing the services and Events (“Content”) are all protected by certain intellectual property and other rights. These rights include all copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, patents, rights to inventions and all other intellectual property and proprietary rights, in each case whether registered or unregistered. These rights either belong directly to us or are licensed to us from their respective owners or licensors.

You may only use, access and view the Die Happy Tonight website and the Content for your own personal, non-commercial use subject to a limited temporary license form Killing Kittens. You may not use Die Happy Tonight or any Content for any purpose other than those set out above.

You may not at any time modify, store, copy (including for example scraping, using crawlers, browser plugins and add-ons, and any other technology or manual work), extract, reutilise, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or distribute any part, content or data of this website or the Die Happy Tonight service.

10) Your Content / User Content

Die Happy Tonight may enable users to upload content on to the Die Happy Tonight website or to take part in one to one conversations and discussions via our services (“Your Content” or “User Content”).

Your Content must comply with our Content Policy and in any event our Code of Behaviour.

You take full responsibility for any of Your Content that you or we publish, and agree to be responsible for any claim made against us by any third party in relation to Your Content.

You own the intellectual property and other rights in Your Content. However, you give Killing Kittens a limited licence to publish Your Content in relation to the Die Happy Tonight website.

We cannot guarantee the accuracy or quality of any of User Content posted on or sent via Die Happy Tonight. While we endeavour to enforce the rules set out in these Terms, we do not promise to monitor or moderate User Content published on or sent via Die Happy Tonight.  Further we are not responsible for the views in or otherwise in any way for any User Content.

If you believe that any User Content published on or made available via Die Happy Tonight fails to comply with these Terms, you can notify us by emailing us at eve@diehappytonight.com.  Upon receiving any complaints about User Content, we will review the User Content in question and may then decide to remove or edit it.

11) Availability of Die Happy Tonight website and other services

Die Happy Tonight website and services are available on a temporary basis.  We may update Die Happy Tonight and we may change the Content and services at any time.  We reserve the right to withdraw or amend Die Happy Tonight website and services without notice.  We will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if Die Happy Tonight is unavailable at any time for any period – unless you are a fee paying subscriber in which case we may reimburse you accordingly.

You are responsible for making all arrangements necessary to access the Die Happy Tonight website. Please note that use of Die Happy Tonight website may be subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements.  We shall not be liable for any failure due to any incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

12) Disclaimers

Whilst we do our best to vet applicants for Membership in terms of doing our best to verify their real identity, we do not do any other background checks in terms of things such as criminal records, nor do we interview or actively vet or select Members.

We will endeavour to provide a safe and respectful environment for Members.  However, we cannot control the behaviour of other Members and we urge you at all times to take care and be sensible in your interactions with other Members.  You are solely responsible for your interactions with other Members. We are not responsible for the conduct of any Member or their User Content.

We warrant that we will provide the Die Happy Tonight services and website with reasonable skill and care and substantially as described in these Terms.

Other than the express warranty in this section, the Die Happy Tonight website and service is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We make no warranty that the Die Happy Tonight website and service will meet your requirements, that Content will be accurate or reliable. Nor do we warrant that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website is free of viruses or anything else which may be harmful or destructive.

Nothing shall have the effect of excluding or limiting either Die Happy Tonight’s liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

13) Your liability to us

You will be responsible for and indemnify us against all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or other default in relation to any codes, policies or your other obligations.

14) Our Liability to you

We will not be liable for any loss or damage caused by Die Happy Tonight or any of its employees or agents in circumstances where there has been no breach of a legal duty of care which is owed by us or any of our employees or agents, and/or the loss or damage is not a reasonably foreseeable result of any breach of these Terms.

In the absence of any negligence or other breach of duty by us, the use by you of the Die Happy Tonight website and membership service is entirely at your risk.

Nothing in these Terms shall affect your statutory rights as a consumer.

15) Linking to Die Happy Tonight

You may link to Die Happy Tonight, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Die Happy Tonight must not be framed on any other site, nor should you establish a link to any part of Die Happy Tonight other than the home page. We reserve the right to withdraw linking permission without notice.

16) Links from Die Happy Tonight

Die Happy Tonight and/or the Content may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk.  We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that Die Happy Tonight is affiliated to or associated with such sites or services.

Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to Die Happy Tonight, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.

17) Personal Contract – no Assignment, and Survival of Terms

Membership is strictly non-transferable, assignable or to be used by any other person.

Certain section within this Terms that by their inherent nature should survive termination or expiry will survive termination or expiry and continue to have effect and be binding, including but not limited to sections 4 (Conditions, Codes and Policies), 9 (IP), 12 (Disclaimers, 13 (Your Liability), 14 (Our Liability), 17 (Survival), 18 (Law)

18) Governing Law

These Terms will be interpreted in accordance with and governed by New York State law and shall be subject to the exclusive jurisdiction of the New York State courts.

19) Contact Us

If you have an enquiry or complaint about Die Happy Tonight, you should contact our customer services team at eve@diehappytonight.com and we will try to answer your enquiry or resolve any complaint as soon as possible.

If you have any suggestions for improvements or additions that you would like to see on Die Happy Tonight, please email us.

20) Risk Assumptions & Precautions

DieHappyTonight.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with other Members, including dating or sending money to another Member. You agree to take all necessary precautions when meeting individuals through the Service.

DieHappyTonight.com DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, DieHappyTonight.com reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.

You understand that DieHappyTonight.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

21) Membership Services

In exchange for a monthly or annual membership fee, Die Happy Tonight provides access to numerous services and benefits that include, but are not limited to, concierge service,  invitation to Die Happy Tonight organized events, mobile application and Die Happy Tonight´s community of users, and privately operated venues exclusive to members (collectively, the “Services”). Die Happy Tonight reserves the right to change, suspend or terminate any of the Services or benefits at any time, including, without limitation, changes to (or imposition of new) fees or other charges for services or benefits. Grandfathered membership fee rates are subject to periodic inflation adjustments and do not include access to new services or benefits that may be offered after the initial date of purchase of membership.

 

Last Update: March 2018


Code of Behaviour

As a Member or guest of Die Happy Tonight you acknowledge and agree to comply with the following rules of behaviour:

  • act honestly and respectfully to all Members at all times;
  • be discrete at all times and respect other Members confidentiality and privacy;
  • do not harass, abuse or harm another person;
  • comply at all time with all application laws, regulations, club rules and directions;
  • do not use an image that is not your likeness for your profile;
  • do not misrepresent your relationships with a person or entity, past or present;
  • provide accurate information to us and other Members and keep it updated;
  • do not use images or terms in your descriptions or profile that is offensive, obscene, pornographic, indecent, malicious, threatening, abusive, defamatory or otherwise unlawful;
  • do not create a profile for anyone other than yourself;
  • do not use or attempt to use another Member’s account;
  • do not collect or store other Members’ personal data without their express permission;
  • do not interfere or violate a third party’s private life, nor interfere with their private communications, nor breach any duties of confidence or confidentiality;
  • understand and comply at all times with our Content Policy;
  • any commercial use such as promotion via messaging is strictly prohibited.

Content Policy

As a Member of Die Happy Tonight you acknowledge and agree to comply with the following content rules:

  • any information or content you post or share must comply with all applicable laws, including, without limitation, privacy laws, obscene publications, intellectual property laws, anti-spam laws, and regulatory requirements;
  • Do not upload pornographic or indecent images to the site. Such images will not be verified and be published to the site.
  • do not act in an unlawful, libellous, abusive, obscene, discriminatory, racist, sexist, fraudulent or otherwise objectionable manner;
  • do not use any content in any manner that may infringe any of our rights or the rights of a third party including intellectual property rights such as relating to copyright, trade marks or databases;
  • do not post or share otherwise publish or link to content which contains videos, stills, photographs, audio or images of another person without their permission;
  • do not share or disclose information that you do not have the right to share or disclose (such as confidential information of others);
  • do not post, link to or otherwise publish any content about illegal activities such as making or buying drugs or illegal weapons;
  • do not send spam or other unwelcome communications to others;
  • do not use the site for any commercial use under any circumstances.

Events Policy

ADMISSION

  • The admission of Members to any Event is strictly subject to this Events Policy.
  • By attending an Event, the Member agrees to be bound by this Events Policy.
  • Die Happy Tonight reserves the right to refuse access to or order the immediate removal without any entitlement to a refund of any person who fails to act in accordance with this Events Policy.
  • Admission is not refundable. 
  • Tickets are personal to the Member purchasing such tickets. Members may not resell or trade any tickets.
  • Members will be asked to verify there identify on entry to an Event.

CAMERAS/RECORDING DEVICES

No cameras, video or recording devices, live-streaming or otherwise – whether on a mobile phone or other device, may be used at an Event. We reserve the right to take possession of and confiscate any mobile phone, camera, video or recording device and any photos, videos or other recorded images used or taken at an Event.

PRESS / SOCIAL MEDIA

Die Happy Tonight operates a strict no press and no social media policy. You must not discuss or disclose to any press nor post on social media any information about our Events or our Members. Events are confidential and private occasions.  Members are reminded of their obligations under the Membership Terms.

DRUGS AND SMOKING

Members may not bring alcohol or illegal substances onto the premises. Licensing laws shall be strictly enforced.  Anyone who is or appears to be intoxicated shall be removed from the Event immediately without any entitlement to a refund. Events will in general be non-smoking and non-vaping events.  Please follow directions at Events to find designated smoking areas.

LIABILITY

We will endeavour to provide a safe and respectful environment for Members.  However, we cannot control the behaviour of other Members and we urge you at all times to take care and be sensible in your interactions with other Members.  You are solely responsible for your interactions with other Members. We are not responsible for the conduct of any Member or their User Content.

Die Happy Tonight accept no responsibility for the loss, theft, damage or alteration to any personal items brought onto the premises by its Members.

Members shall not exhibit behaviour which is considered antisocial or disruptive or contradicts the Die Happy Tonight Code of Behaviour. Such behaviour will result in immediate removal from the Event without any entitlement to a refund.

Die Happy Tonight reserves the right to report any Member deemed to be exhibiting illegal, antisocial or disruptive behaviour to the police for further investigation.

MEMBERS HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Die Happy Tonight, its management, employees, and agents (hereinafter referred to as “release’s”) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the release’s or otherwise while the undersigned is in, upon, or about the premises, or participating in any event affiliated with Die Happy Tonight, without respect to location.

MEMBERS HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the release’s and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about a Die Happy Tonight event or participating in any program affiliated with Die Happy Tonight whether caused by the negligence of the release’s or otherwise.

MEMBER ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of release’s or otherwise while in, about, or upon the premises of a Die Happy Tonight event or participating in any program affiliated with Die Happy Tonight.