PopOut

Terms of Service

Effective Date: March 17, 2026

Welcome to PopOut, operated by PopOutNow LLC ("Company," "we," "us," or "our"). By accessing or using the PopOut platform at popoutnow.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. Your continued use of the Platform constitutes acceptance of these Terms as a binding agreement under Indiana Code § 26-2-8 (Indiana Uniform Electronic Transactions Act).

1. Platform Role

PopOutNow LLC operates an online marketplace that connects event attendees with event hosters, photographers, and promoters. We are not the seller, organizer, or photographer for any event listed on the Platform. We facilitate transactions between buyers and third-party service providers. All ticket sales are between the buyer and the event hoster; all photo sales are between the buyer and the photographer. PopOutNow LLC is not responsible for the quality, safety, or legality of any event, photograph, or service offered through the Platform.

2. Eligibility & Accounts

You must be at least 18 years of age to create an account or use the Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Responsibilities

You agree to provide accurate, current, and complete information when creating your account and to update such information as necessary. You are solely responsible for all activity on your account. You must notify us immediately at support@popoutnow.com if you become aware of any unauthorized use of your account.

3. Prohibited Conduct

You agree not to:

  • Use the Platform for any fraudulent, misleading, or unlawful purpose
  • Harass, threaten, or abuse other users, hosters, photographers, or promoters
  • Interfere with or disrupt the Platform, servers, or networks
  • Impersonate any person or entity, or falsely claim an affiliation
  • Use automated means to scrape, crawl, or extract data from the Platform without our prior written consent
  • Upload, post, or transmit any content that is obscene, as defined under Indiana Code § 35-49-2
  • Violate any applicable local, state, federal, or international law or regulation

4. Fees & Pricing

PopOutNow LLC charges a platform fee on each ticket and photo transaction processed through the Platform. We are committed to transparent fee disclosure in compliance with Indiana Code § 24-5-0.5 (Deceptive Consumer Sales Act).

The current platform fee is 10% of the ticket or photo price plus $0.50 per transaction. This fee is disclosed to the buyer at checkout before payment is submitted. The platform fee is non-refundable under all circumstances.

We reserve the right to modify our fee structure at any time. Changes to fees will be posted on the Platform and will apply to transactions made after the effective date of the change.

5. Refund Policy

All ticket and photo purchases made through the Platform are final. PopOutNow LLC does not issue refunds, credits, or exchanges. Refund policies are determined solely by the event organizer.

All Sales Final

PopOutNow LLC does not process refunds for ticket or photo purchases. Any refund requests must be directed to the event organizer. Refund policies, if any, are determined solely by the event organizer. PopOutNow LLC is not a party to any refund arrangement between a buyer and an event organizer.

Event Cancellation

In the event of a cancellation, the event organizer is solely responsible for any refunds to ticket holders. PopOutNow LLC is not liable for refunds due to event cancellation, date changes, venue changes, lineup changes, weather, acts of God, or other unforeseen circumstances. Platform fees are non-refundable under all circumstances.

Event Modifications

Event details, including artists, venue, date, and time, are subject to change. No refunds will be issued by PopOutNow LLC for event modifications. In the event of an artist cancellation, venue change, or event modification due to circumstances beyond the organizer's control, contact the event organizer regarding their refund policy.

6. Event Cancellation & Notification

Event organizers are required to notify PopOutNow LLC promptly of any event cancellation or material change. The event organizer is solely responsible for communicating with ticket holders and processing any refunds in accordance with their own refund policy. PopOutNow LLC will make commercially reasonable efforts to notify ticket holders via email of cancellations or material changes. However, PopOutNow LLC does not guarantee the delivery of notifications and is not liable for any failure or delay in notification delivery, nor for any refunds owed by the event organizer.

7. Photo Consent & Event Photography

By attending an event listed on the Platform, you acknowledge and consent to being photographed by event photographers. Photographs taken at events may be made available for sale through the Platform. This consent is provided in accordance with Indiana Code § 32-36-1 (Indiana Right of Publicity Act). If you do not wish to be photographed, you must notify the event hoster and photographer at the event.

Photographers retain all intellectual property rights in the photographs they upload. By uploading photographs to the Platform, photographers grant PopOutNow LLC a non-exclusive, worldwide, royalty-free license to display, distribute, and sublicense those photographs solely for the purpose of operating the Platform and facilitating photo sales.

8. Assumption of Risk

Events listed on the Platform may involve loud music, crowds, alcohol, strobe lighting, photography, and other conditions inherent to nightlife and entertainment events. By purchasing a ticket or attending an event, you voluntarily assume all risks associated with the event, including but not limited to physical injury, property damage, exposure to loud noise, and interaction with other attendees. PopOutNow LLC is not the organizer of any event and assumes no responsibility for event safety or conditions.

9. Content Standards

All content uploaded or posted to the Platform — including event listings, photographs, descriptions, and promotional materials — must comply with applicable law, including Indiana Code § 35-49-2 (obscenity). PopOutNow LLC reserves the right to remove any content that violates these standards, at our sole discretion, without prior notice.

10. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Pre-Arbitration Notice Requirement

Before initiating arbitration, you must send a written notice of dispute ("Notice") to PopOutNow LLC at support@popoutnow.com describing the nature and basis of the claim and the specific relief sought. You and PopOutNow LLC agree to attempt to resolve the dispute informally for at least 60 days from the date of the Notice before initiating arbitration.

Binding Arbitration

If the dispute is not resolved informally within 60 days, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall be conducted in Allen County, Indiana, unless otherwise agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This agreement to arbitrate is made pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and the Indiana Uniform Arbitration Act, Indiana Code § 34-57-2.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against PopOutNow LLC.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM.

30-Day Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@popoutnow.com within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court subject to the governing law and venue provisions below.

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in the small claims court of Allen County, Indiana, for disputes within the jurisdictional limits of that court.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF POPOUTNOW LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO POPOUTNOW LLC IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

IN NO EVENT SHALL POPOUTNOW LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT POPOUTNOW LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Warranty Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POPOUTNOW LLC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS MADE IN ACCORDANCE WITH INDIANA CODE § 26-1-2-316 (WARRANTY EXCLUSIONS). YOU USE THE PLATFORM AT YOUR OWN RISK.

13. Force Majeure

PopOutNow LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, war, terrorism, civil unrest, labor disputes, power failures, internet disruptions, or failures of third-party service providers.

14. Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict-of-laws principles.

Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Allen County, Indiana, and you consent to the personal jurisdiction of such courts.

Any claim arising out of or related to these Terms must be filed within one (1) year after the cause of action accrues, regardless of any statute of limitations to the contrary, in accordance with Indiana Code § 34-11-2.

15. Language

These Terms are provided in English and may be translated into other languages for convenience. In the event of any conflict between the English and Spanish versions of these Terms, the English version shall control.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms on this page with a revised effective date. Your continued use of the Platform after any changes constitutes acceptance of the new Terms. We encourage you to review this page periodically.

17. Contact Us

If you have questions about these Terms of Service, please contact us:

PopOutNow LLC
Email: support@popoutnow.com