TERMS OF SERVICE
Effective Date: May 30, 2026
1. Who These Terms Are Between
These Terms of Service ("Terms") are a binding agreement between you and Oryx Technologies LLC ("Oryx Tech," "we," "us"), which operates the website thespotnashua.com (the "Site") on behalf of The Spot Kava Bar & Music ("The Spot"), located at 217 Main Street, Nashua, NH 03060. By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
These Terms cover the website only. Your visit to the physical venue, purchases made at the bar, and conduct on the premises are governed by The Spot's in-venue policies, posted signage, and applicable New Hampshire law.
2. Eligibility
You must be at least 13 years old to use the Site. To submit a booking request on the Book Your Band page or sign up for the newsletter, you must be at least 18 years old, or have the consent of a parent or legal guardian. Submitting a booking request also represents that you have authority to bind the act or band you are submitting on behalf of.
3. Acceptable Use
You agree not to:
- Submit false, misleading, or fraudulent information through any form, including the booking request form.
- Use the Site to send spam, harass any person, or impersonate anyone.
- Submit booking requests you do not intend to perform, or block legitimate dates as a denial-of-service tactic.
- Probe, scan, or test the vulnerability of the Site, or attempt to bypass any security measure.
- Use bots, scrapers, or other automated tools to access the Site, except for well-behaved search engine crawlers obeying robots.txt.
- Upload, transmit, or link to malicious code, including viruses or worms.
- Use the Site to violate any law, regulation, or third-party right.
We may suspend or block any user, IP address, or email that violates these rules, and we may delete submissions made in violation.
4. Intellectual Property
The Site's text, graphics, logos, photos, videos, audio, code, design, and arrangement are owned by Oryx Technologies LLC, The Spot, or our licensors, and are protected by U.S. and international intellectual property laws. The "The Spot," "The Spot Kava Bar & Music," and related logos are trademarks of The Spot. The "Website Upgrader Pro," "Oryx Tech," and related marks are trademarks of Oryx Technologies LLC.
You may view, print, and download Site content for personal, non-commercial use only. You may not copy, modify, distribute, sell, or create derivative works without our prior written permission. All rights not expressly granted are reserved.
4.1 User-submitted content
If you send us music samples, photos, videos, bios, social links, press kits, or other content through the booking form, the contact form, or email, you grant Oryx Technologies LLC and The Spot a non-exclusive, royalty-free, worldwide license to store, reproduce, display, and use that content for the purpose of reviewing your booking, scheduling performances, and promoting confirmed shows on the Site and on our social channels (Instagram, Facebook, TikTok, email newsletter). You keep ownership of your original work. You represent that you have all rights necessary to grant this license and that the content does not infringe any third party's rights.
5. Booking Requests
Submitting a booking request does not create a binding contract. We review every submission and confirm in writing (email) whether we accept the date and slot. Until we confirm, the date is not held for you.
- No guarantee of approval. We may decline any submission for any reason, including fit, scheduling conflicts, or capacity.
- Cancellation by you. If you need to cancel after confirmation, notify us by email at least 7 days before the show. Cancellations inside 7 days may affect future booking eligibility.
- Cancellation by us. We may cancel or reschedule a confirmed booking for reasons including, without limitation, force majeure, venue closure, public-safety issues, weather, illness, or low ticket interest. We will notify you as soon as practicable. We are not liable for travel, lodging, marketing, or other costs you incurred in connection with a canceled show, except as set out in a separate written agreement.
- Compensation. Compensation, door splits, hospitality, load-in time, and technical requirements are agreed in a separate written confirmation. The booking form is not a contract for payment.
- Conduct at the venue. Performers and guests must follow The Spot's house rules (alcohol-free venue, no on-stage smoking, no harassment, no slurs). Violations may result in immediate removal and forfeiture of compensation.
6. Third-Party Links and Embeds
The Site links to and embeds content from third parties (Instagram, Facebook, TikTok, Google Maps, Plausible Analytics, Website Upgrader Pro, Resend, Cloudflare, Railway). We do not control these third parties and are not responsible for their content, terms, or privacy practices. Linking to a third-party site is not an endorsement.
7. Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT THE SITE WILL BE SECURE, ERROR-FREE, OR FREE OF VIRUSES.
Information about kava and other menu items on the Site is for general information only and is not medical advice. See the kava advisory on the Menu page before consuming kava.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ORYX TECHNOLOGIES LLC, THE SPOT, OR THEIR OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Oryx Technologies LLC, The Spot, and their owners, officers, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site, (b) content you submit through any form, (c) your breach of these Terms, or (d) your violation of any law or third-party right.
10. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. The provisions of these Terms that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.
11. Changes to These Terms
We may update these Terms from time to time. The "Effective Date" at the top reflects the latest revision. Continued use of the Site after a change means you accept the updated Terms. For material changes, we will give reasonable prior notice on the Site or by email.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New Hampshire, USA, without regard to its conflict-of-laws rules. You and we agree that any dispute arising out of or related to these Terms or the Site will be brought exclusively in the state or federal courts located in Hillsborough County, New Hampshire, and you consent to the personal jurisdiction of those courts.
13. Severability and Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. These Terms, together with our Privacy Policy and any written agreement we sign with you for a specific booking, are the entire agreement between you and us about the Site and supersede any prior agreement on the same subject.
14. Contact
Questions about these Terms:
Oryx Technologies LLC
Attn: Legal
33 Clementi Ln, Methuen, MA 01844
Email: [email protected]
