Please review this Terms of Service agreement (the "Terms of Service") carefully. By using the services provided through https://ticketx.com (the "Site"), or any associated mobile applications, (each a "Service," and collectively, the "Services") of TicketX US, inc. ("TicketX," "us," "our," and "we"), you agree to the following Terms of Service.
The following Terms of Service applies to all users of the Services. By clicking on any "I Accept," "Sign Up," "Create Account," or other similar buttons, completing the account registration process, browsing the website, or downloading TicketX's mobile application (the "Mobile App"), as may be applicable, you agree that you are entering into a binding contract with TicketX. You also represent that: (a) you have read, and understand and agree to be bound by the Terms of Service and any other agreements incidental to our provision of Services to you; (b) you are of legal age to enter into a binding agreement with TicketX; and (c) you have the authority to enter into these Terms of Service personally or on behalf of an entity or company you have named as the user, and to bind such company to these Terms of Service.
The term "you" and "your" refers to any person, whether an individual or an entity (including, but not limited to a corporation, LLP, or LLC) that has registered as a user of our Services.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OUR SERVICES AND YOU MUST IMMEDIATELY DELETE AND TERMINATE SUCH USE. ANY CONTINUED USE SHALL BE DEEMED AND CONSTRUED AS ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS CONTAINED HEREIN, AND AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
NOTICE: Please be aware that Section 14 of these Terms of Service, below, contains provisions governing how claims are resolved that you and TicketX may have against each other, including, without limitation, any claims that arose or were asserted prior to the effective date of the Terms of Service.IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.You may opt-out pursuant to the terms, but if you do not in a timely manner: (a) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (b) you are waiving your right to seek relief in a court of law and to have your claims heard before a jury.
Your use of, and participation in, the Services may be subject to additional terms which are provided to you through various links. Any applicable additional terms shall be identified to you in this Terms of Service, or may be presented to you for your acceptance when you sign up to use such Services. Where there are any inconsistencies with the Terms of Service and such additional terms, the additional terms shall control with respect to the specific Services being utilized. Collectively, these Terms of Service, TicketX's privacy policies and any additional terms shall be referred to as the "Terms." Any definitions or terms used herein shall include both their singular and plural forms, as applicable.
ALL TERMS ARE SUBJECT TO CHANGE, REVISION, OR MODIFICATION BY TicketX AT ITS SOLE DISCRETION AND AT ANY TIME. If you do not agree to any such modifications after receiving notice of such modifications, you must immediately delete and terminate such use of Services. Otherwise, any use thereafter shall be deemed and construed as acknowledgement and acceptance of, and agreement to be bound to the Terms, as modified. We strongly recommend that you regularly review these Terms of Service and any applicable additional terms for any updates.
TicketX provides users with an online secondary marketplace (the "Marketplace") which allows certain users to buy ("Buyers") and other users to sell ("Sellers") tickets and other similar items to events (collectively, "Tickets"). Our Marketplace is intended only to act as a marketplace that facilitates the sale of tickets by Sellers and purchased by Buyers. We make no guarantees as to any listings or any transactions that take place on the Marketplace.
Specifically, TicketX expressly disclaims any guarantees or warranties with respect to: (a) the existence, quality, safety, or legality of Tickets being sold by Sellers; (b) the accuracy or truth of any Seller's listings or content or representations; (c) the right or ability of Sellers to sell Tickets; (d) the means or ability of Buyers to pay for Tickets; (e) whether either Seller or Buyer will complete any particular transaction on the Marketplace; (f) the value of any Tickets sold on the Marketplace; or (g) the validity of or ability to redeem such Tickets.
Unless otherwise expressly stated by TicketX, our display of any listing by any Seller through our Services does not constitute, suggest, or imply: (a) any endorsement by us as to any Tickets listed or that particular Seller; (b) any sponsorship by us of any such Seller; or (c) any other affiliation or partnership between TicketX and such Seller.
Sellers set all prices or values for Tickets ("Ticket Price"). Sellers are permitted to list Ticket Prices which may be higher or lower than the original price of the Ticket. Unless otherwise noted on a Ticket, on the listing or on a confirmation page or email, Tickets may be transferable, even if another person's name appears on the face of the Ticket.
Sellers may offer Tickets for sale, even if they do not presently have them in their possession at the time of listing or completion of the sale. However, Sellers who list such Tickets are expected to deliver Tickets in advance of the event the Tickets are for (the "Event"). Any failure to provide you with the Tickets prior to the Event will be subject to the Buyer's Guarantee. For information regarding sales of Tickets that are not in the possession of the Seller at the time of sale, please see Section 4 (Speculative Ticketing) of Article 1. All prices of Tickets shall be in U.S. Dollars ("USD").
Buyers are solely responsible for completing their transactions and purchases of Tickets, including the payment for such Tickets and all applicable fees. By committing to the purchase of a Ticket, Buyers are entering into a binding contract with the Seller to purchase the applicable Ticket. All sales are final, and except for canceled events, Buyers will not receive a refund for any completed purchase. Neither Buyer nor Seller may change or cancel orders after completion of a sale.
Buyer agrees to provide to Seller and TicketX with the appropriate and necessary information for the delivery of tickets, including, but not limited to, a working email address of the Buyer and a Buyer's physical address (where applicable). If Buyer provides incorrect information for the delivery of the Tickets or if Buyer is not available for receive the tickets upon delivery, Buyer will not be eligible for a refund or the Buyer's Guarantee.
Each Seller may limit the number of Tickets that may be purchased from them in an effort to curb or discourage unfair ticket purchasing practices. In the event of such a restriction, Buyers will be notified if Seller has opted to limit the number of Tickets a Buyer may purchase. Tickets purchased for any single event by a single Buyer through multiple sessions via our Services may be aggregated to ensure that such limitations are not exceeded.
Each account with us and our Services must be linked to a unique individual or entity, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you attempt to exceed or attempt to exceed any limitations set by a Seller for a particular event, we have the right to cancel, without notice, any or all Ticket purchase transactions made by you for such event. Any attempts to circumvent such limitations and restrictions will be deemed a violation of these Terms and Services, and your account(s) may be suspended or terminated at our discretion.
You may not utilize bots, scripts, multiple Internet Protocol ("IP") addresses, multiple e-mail addresses, multiple accounts, by any other means, or any combination thereof, to conduct Ticket transactions through our Services, whether to search for, reserve, or purchase Tickets through our Marketplace. The use of methods described in this Article are strictly prohibited, particularly as used to automate the purchase of Tickets, circumvention of any security measures put in place by TicketX, unauthorized access to our systems, or other technological controls or measures on our Marketplace intended to enforce purchasing limits or maintain integrity of posted rules.
On occasion, we may provide the original ticket price for a Ticket being sold on our Marketplace prior to purchase, in accordance with applicable law. Users acknowledge and understand that: (a) we can only provide the original price of a Ticket if we are provided such information by the Seller; and (b) in the event that we receive such information from the Seller, we do not independently verify or guarantee the accuracy or veracity of such information.
Each qualified order is covered by our Buyer's Guarantee. For each qualified order, TicketX will work to ensure that: (a) purchased Tickets will be delivered in time for the Event; (b) Sellers do not list, market, or sell any Tickets which are not valid or accurate; and (c) Sellers shall provide all details of any Tickets listed, marketed or sold on the Marketplace for Buyer's consideration. If any of these things do not occur, we will work with you on a case-by-case basis to resolve any verified issue(s) covered by this Buyer's Guarantee.
In addition to the Terms of Service herein, Sellers agree that any sales to the additional terms contained under our Seller's Agreement.
The Site, the Marketplace, our Services, the Mobile App, and the information and content available on or in TicketX and the Services (collectively, "TicketX Property") are protected by intellectual property rights throughout the world. Unless otherwise specified by TicketX in a separate license, your right to use any TicketX Property is subject to the Terms.
Your use of TicketX Property is subject to a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use. You agree and acknowledge that you have no ownership or ownership interest in TicketX Property except where specified otherwise by a separate agreement.
Subject to your compliance with the Terms, TicketX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Mobile App on a mobile device or computer that you own or control. This license grants you the limited right to run the Mobile App solely for the purposes of your own personal use or for internal business.
If the Mobile App is accessed or downloaded through the Apple App Store, you agree that you will only use the Apple App Store Sourced Application on an Apple-branded product that runs iOS (Apple's proprietary operating system for mobile devices) and as permitted by the Apple App Store Terms of Service and other applicable agreements.
From time to time, we may update our Services and TicketX Property, and you may be required to accept such updates as well, particularly for any plug-ins or applications which we may be provide. You acknowledge and agree that TicketX may update TicketX Property with or without notification to you. You also acknowledge that any updates to TicketX Property may also require third-party updates.
Your use of TicketX Property is subject to the following restrictions and user agreements:
Any future release, update, or other addition to TicketX Property shall be subject to the Terms.
Any licenses granted hereunder shall terminate automatically and immediately upon any unauthorized use of TicketX Property. Nothing in this provision shall be construed or be deemed to be waiver of any other rights or remedies which may be available to TicketX for unauthorized use or violation of restrictions on license granted by TicketX pursuant to the Terms.
To access our Services, users may be required to register an account on our Services, or provide a valid account on a social networking service (an "SNS") where you will connect our Services to such social networking service account (each being a "Third Party Account"). Collectively, all users who register an account with TicketX whether directly or through the use of a Third Party Account are deemed "Registered Users".
If you access TicketX Property through an SNS as part of the functionality of the Marketplace, the Site, the Mobile App, or our Services, you may link your account with Third Party Accounts by allowing TicketX to access to your Third Party Account, as permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent and warrant that: (a) you are entitled to disclose your Third Party Account to TicketX and grant TicketX access to your Third Party Account, including, but not limited to, for the use of the purposes described herein; (b) by disclosing and granting access to your Third Party Account, you will not be in breach of any terms and conditions that govern your use of the applicable Third Party Account; and (c) your disclosure and grant of access of your Third Party Account to TicketX will not obligate TicketX to pay any fees or subject TicketX to any usage limitations imposed by such SNS.
THE DISCLOSURE AND GRANT OF ACCESS OF YOUR THIRD PARTY ACCOUNT WITH ANY SNS DOES NOT CHANGE YOUR RELATIONSHIP WITH THE SNS OR ANY OTHER THIRD PARTY THAT YOU MAY HAVE ENTERED INTO A CONTRACT OR AGREEMENT WITH FOR YOUR THIRD PARTY ACCOUNT. YOUR RELATIONSHIP WITH SUCH THIRD PARTIES AND THIRD PARTY SERVICE PROVIDERS WITH RESPECT TO YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD PARTY SERVICE PROVIDERS. TICKETX SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTING YOU HAVE SET IN SUCH THIRD PARTY ACCOUNTS.
By registering an account on our Services, you agree to: (a) provide true, accurate, current and complete information about yourself (or, if registering on behalf of an entity, information about the entity) as prompted by the registration form (the "Registration Data"); (b) maintain and promptly update Registration Data to ensure such information is true, accurate, current, and complete.
Each user represents and warrants that: (a) they are at least eighteen (18) years old; (b) they are of legal age to form a binding contract with TicketX; and (c) not a person who has been barred from using our Services under the laws of the United States, the country of the user's residency, or any other applicable jurisdiction.
Each user is responsible for all activities that occur under their account. Users may not share accounts or passwords with anyone, and each user agrees to notify us of any unauthorized use of your password or any other breach of security of your account, and exit from your account at the end of each session to ensure account security. We reserve the right to suspend or terminate your account and refuse access to our Services if we determine that information you provide to us is false, inaccurate, not current, or incomplete, or if we have grounds to suspect that information is false, inaccurate, not current, or incomplete.
By registering an account with us, you agree to: (a) not create an account using a false identity or information, or on behalf of someone other than yourself (except in cases where you are authorized to represent an entity); (b) not have or create more than one account whether by providing Registration Data through our registration form or by providing social networking account information at the time of registration; (c) not create an account if you have been previously removed or banned by TicketX from using any of our Services.
Users must provide all equipment and software necessary to utilize our Services, including, but not limited to, a mobile device that is suitable to connect with and use our Services, in cases where the Services offer a mobile component. Users are solely responsible for any fees, including fees for internet connection and short message services, that users may incur when accessing our Services.
You agree that TicketX and its third-party vendors and suppliers own all rights, title, and interest in the Site, the Marketplace, TicketX Property and our other Services, and all content therein and thereon. You agree that you have no right or title in or to any such content or to any TicketX Property. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other notices of proprietary rights incorporated in or accompanying the Marketplace, our Services, or any other TicketX Property.
We welcome all users to submit any ideas, suggestions, documents, and/or proposals to TicketX through any suggestion, feedback, forum, or similar pages ("Feedback"). Please note that the submission of any Feedback is at your own risk, and that TicketX shall have no obligation (including, without limitations, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all necessary rights to submit Feedback. By submitting Feedback to TicketX, you hereby grant to TicketX a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, and any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of TicketX Property.
Users agree that they will refrain from certain prohibited activities and conduct when using TicketX Property.
Users agree that they will refrain, under any circumstances, from the following activities:
In connection with your use of TicketX Property, you shall not:
You acknowledge and agree that the availability of the Mobile App and the Services is dependent on the third party from whom you received the Mobile App license (an "App Store"). You acknowledge that the Terms herein are between you and TicketX, and not with an App Store. TicketX, not the applicable App Store, is solely responsible for TicketX Property, including its Mobile App, the contents thereof, maintenance, support, and warranty therefore as well as addressing any Disputes relating thereto.
To use the Mobile App, you must have access to a wireless network. You agree to pay all fees associated with such access. You also agree to pay all fees, if any, which are charged by the App Store in connection with TicketX Property, including fees associated with the Mobile App.
You understand, acknowledge, and agree to comply with all applicable third-party terms and conditions or policies of the applicable App Store when using TicketX Properties, particularly the Mobile App. You further acknowledge that the App Store, and its affiliates, parents, and subsidiaries, are third-party beneficiaries of the Terms and will have the right to enforce them where applicable.
In addition to the terms and conditions contained in this Section 5, the following terms apply specifically to copies of the Mobile App accessed through and downloaded from the Apple App Store:
TicketX may charge fees for buying and/or selling Tickets through our Services, as well as delivery or fulfillment fees (collectively, "Service Fees"), which is made available to you prior to buying or selling a ticket. TicketX reserves the right at any time to change its Service Fees and billing methods. TicketX may retain Service Fees if you do not fulfill your obligations hereunder or if the Event is canceled.
You must provide TicketX with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") a condition to signing up for the Services (each, a "Payment Method"). Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.
By providing TicketX with your credit or debit card number and associated payment information, you agree that TicketX is authorized to immediately invoice your account for all fees and charges due and payable to TicketX hereunder and that no additional notice or consent is required. You agree to immediately notify TicketX of any change in your billing address or the credit or debit card used for payment hereunder.
Buyers agree to pay all fees or charges to their account inaccordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
TicketX is not responsible for notifying users of any events which are cancelled and not rescheduled (a "Cancelled Event") unless a separate agreement requires TicketX to do so.
TicketX is not responsible for notifying users of any events which are postponed (a "Postponed Event") unless a separate agreement requires TicketX to do so. Seller must notify Buyer of a Postponed Event. It is the responsibility of Seller and Buyer to resolve any issues. No refunds or credits will be issued by TicketX for postponed events, unless they are cancelled.
TicketX is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. TicketX will not issue any refunds or credits under such circumstances.
TicketX collects and remits Sales Tax on secondary sales in all appropriate jurisdictions in accordance with applicable regulatory and legislative changes. If any Services, or payments for any Services or Tickets, under the Terms are subject to a Sales Tax in any jurisdiction, Buyer shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. You agree to indemnify TicketX for any liabilities, penalties, interest or expenses that we may incur in connection with such Sales Taxes.
You agree to make all payments of fees to TicketX free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to TicketX will be your sole responsibility, and you will provide TicketX with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
TicketX uses Stripe, Inc. ("Stripe") for payment processing services ("Payment Processors"). By using our Payment Processor's payment processing services, you agree to the terms and conditions set forth by our Payment Processor. You may review the relevant agreements, terms and condition at the following link: https://stripe.com/legal/ssa.
If you have any charge disputes, you must notify us no later than ten (10) days from the date of your credit card statement. If you fail to timely dispute such charges with us, your dispute will be deemed waived.
TicketX may offer promotional codes, discount credits, or other types and forms of credits towards our Services ("Credits"). To use Credits, you must create an account with us and input your information. Credits will expire on the date stated in any offering of Credits. If no expiration date is listed, Credits will generally expire one year after the first day it can be utilized by you. Unless stated otherwise, Credits are one-time-use only. If you use a Credit for a purchase less than the monetary amount of the Credit, the difference cannot be subsequently utilized.
Credits may not be copied, reproduced, distributed, or published, either directly or indirectly, in any form or stored in data retrieval systems without our prior written consent. TicketX reserves the right to withdraw or deactivate any Credit (other than Credits which have been purchased) for any reason, at any time. Credits may only be redeemed through TicketX Property, and not through any other website, web page, or method of communication.
You agree to indemnify, defend, and hold harmless TicketX, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors, and other representatives (collectively, the "TicketX Parties") from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of:
TicketX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TicketX in asserting any available defenses. This provision does not require you to indemnify any Indemnified Parties for any unconscionable commercial practice by an Indemnified Party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with TicketX Property and our Services provided hereunder. The terms contained in this indemnification provision shall survive the termination of your account, the Terms, or your access to TicketX Property.
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TICKETX PROPERTY IS AT YOUR SOLE RISK, AND THAT TICKETX PROPERTY AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TICKETX PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM THE USE OF TICKETX PROPERTY, OUR SERVICES, THE MARKETPLACE, THE SITE, THE MOBILE APP OR THE SERVICES OF THIRD-PARTY SERVICE PROVIDERS.
TICKETX PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) TICKETX PROPERTY WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF TICKETX PROPERTY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TICKETX PROPERTY WILL BE ACCURATE OR RELIABLE.
OUR SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, INTERRUPTIONS, OR OTHER DISRUPTIONS. TICKETX MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TICKETX OR THROUGH TICKETX PROPERTY WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, TICKETX MAY OFFER NEW FEATURES OR TOOLS WITH WHICH ITS USERS MAY TEST OR EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR TESTING OR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT TICKETX'S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY TO ALL SUCH FEATURES OR TOOLS.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TICKETX PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TICKETX PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATOR OF EXTERNAL SITES, AND THAT RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF TICKETX PROPERTY. YOU UNDERSTAND THAT TICKETX DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF TICKETX PROPERTY. ANY TICKETS PURCHASED OR SOLD THROUGH TICKETX PROPERTY ARE AT YOUR OWN RISK.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT IN NO EVENT SHALL TICKETX PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, INDIRECT DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TICKETX PROPERTY, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT TICKETX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF TICKETX PROPERTY, ON ANY THEORY OF LIABILITY RESULTING FROM: (A) THE USE OR INABILITY TO USE TICKETX PROPERTY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH TICKETX PROPERTIES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS, TRANSMISSIONS, OR DATA; (D) STATEMENTS, ACTS, OMISSIONS, OR OTHER CONDUCT OF ANY THIRD PARTY ON OR OTHER USERS OF TICKETX PROPERTY; OR (E) ANY OTHER MATTER RELATED TO TICKETX PROPERTY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES SHALL TICKETX PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO TICKETX BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSIONS, OR CONDUCT GIVING RISE TO SUCH ALLEGED LIABILITY; AND (B) THE REMEDY OR PENALTY IMPOSED BY STATUTE UNDER WHICH SUCH ALLEGATIONS OR CLAIMS ARISES.
EXCEPT FOR TICKETX'S OBLIGATION TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN TICKETX'S PRIVACY POLICY, TICKETX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, INCORRECT DELIVERY, OR FAILURE TO STORE PERSONALIZATION SETTINGS.
You hereby release TicketX Parties and their successors from any claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from the purchase, sale, advertising, marketing, and promotion of Tickets via TicketX Property.
you hereby waive California Civil Code § 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOWN 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."
FOR CALIFORNIA RESIDENTS,
The releases contained herein do not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by a TicketX Party or for such party's fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with TicketX Property or our Services.
TicketX reserves the right to investigate any possible violations by you of the Terms. Following any investigation, if TicketX determines that criminal activity has occurred, TicketX reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement agencies or other legal authorities. TicketX is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in TicketX Property in TicketX’s possession in connection with your use of TicketX Property, to: (a) comply with applicable laws, legal process, government requests, or court orders; (b) enforce the Terms; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of TicketX, its users, or the public. TicketX reserves the right to take such steps at its sole discretion as it determines to be necessary and appropriate.
TicketX may exercise its right to terminate a Ticket transaction (e.g., a purchase, listing, or transfer) without notice and return a Ticket to the individual who held such Tickets prior to the completion of the transaction. Such circumstances include, but are not limited to, the following:
TicketX may take all necessary actions as a part of the termination of a Ticket transaction. This may include the removal of proceeds to a relevant transaction from a user account, process the reversal of a prior funds transfer made to a Seller, charge the payment method on file for such Seller, or cancel a pending transaction.
TicketX reserves the right to terminate a user’s account or pursue further legal action under any circumstance it deems appropriate. These circumstances include, but are not limited to:
Notwithstanding anything to the contrary, either you or TicketX may bring a suit in court to seek an injunction or other equitable relief arising out of or relating to intellectual property infringement, or any illegal or intentional act affecting the accessibility, functionality, or security of our Services, or any illegal or intentional act against a user's interests or the general business interests of TicketX.
Nothing in this provision or the Terms herein shall be deemed or construed to restrict TicketX's ability to seek any and all applicable remedies.
The Terms commence on the date of acceptance of the Terms (as described above) and remain in full force and effect while you use TicketX Property, unless terminated earlier in accordance with the Terms.
If you began use of any TicketX Property prior to acceptance of the Terms (whether you began use or if the Terms have been modified or amended by TicketX), you hereby acknowledge and agree to be bound by the Terms, as modified by TicketX from time to time.
TicketX has the right to, immediately and without notice, suspend or terminate any Services provided to you, including your account, if: (a) timely payment cannot be charged to your Payment Provider for any reason; (b) you have materially breached any provision of the Terms; or (c) TicketX is required to do so by law (e.g., where the provision of our Services or access to TicketX Property is, or will become, a violation of law). You agree that all terminations for cause shall be made in TicketX’s sole discretion, and that TicketX shall not be liable to you or any third party for any termination of your account.
You may terminate our Services at any time by ceasing activity on TicketX Property, our Services, or any other platform.
Termination of our Services includes removal of access to such Services (e.g., deletion of account) and barring further use of our Services and TicketX Property. Upon termination of our Services, your right to use any such Service will automatically terminate immediately. All provisions of the Terms, which by their nature should survive, shall survive termination, including, without limitation, Article 3 (Ownership of TicketX Property), Article 8 (Indemnification), Article 9 (Disclaimer of Warranties), Article 10 (Limitation on Liability), Article 11 (Release), Article 12 (Remedies), Article 13 (Term and Termination), Article 14 (Dispute Resolution), and Article 15 (Miscellaneous).
In the event that your account with TicketX Property is discontinued by TicketX due to a violation of any portion or provision of the Terms, you agree that you shall not attempt to re-register with or access TicketX Property through the use of a different member name or otherwise, and you acknowledge that you will not be entitled to a refund for fees related to your use of TicketX Property to which your access has been terminated. In the event that you violate the immediately preceding provision, TicketX reserves the right, in its sole discretion, to immediately take any or all actions set forth herein without any notice or warning to you.
TicketX is committed to customer satisfaction. If you have any issue, claim, or dispute, we will try to resolve your concerns. If we are unsuccessful at resolving those concerns, you may pursue any Disputes (defined below) according to this section. You agree to give us an opportunity to resolve any Disputes by contacting: [email protected]. For any Disputes not resolved within thirty (30) days after the notice of a Dispute, you may seek relief through binding arbitration or, if applicable, in small claims court, as set forth below.
Except as specifically stated in this arbitration agreement, any controversy, claim, or dispute arising out of or related to the Terms, use of TicketX Property or our Services, or transactions contemplated herein, or matters concerning the validity, scope, or enforceability of this agreement to arbitration (the “Dispute”), shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (as defined below), you and TicketX are each giving up the right to go to court and have a dispute heard by a judge or jury (except as may be otherwise set forth in this section). The provisions of this arbitration agreement shall constitute your and TicketX’s written agreement to arbitrate Disputes under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), including its procedural provisions in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver set forth below. State arbitration laws do not govern in any respect. Further, you and TicketX each agree that the Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
You and TicketX agree that arbitration shall be held before the American Arbitration Association (the “AAA”), also known as the International Centre for Dispute Resolution (the “ICDR”) (collectively, the “AAA-ICDR”). Arbitration shall be conducted in the city and county of San Francisco, California, USA before one (1) neutral and impartial arbitrator (the “Arbitrator”). Arbitration shall be conducted pursuant to the AAA’s Consumer Arbitration Rules, which may be found at https://adr.org/sites/default/files/Consumer%20Rules.pdf (the “Rules”)
The Arbitrator shall be mutually appointed by you and TicketX from a list of candidates provided by the AAA-ICDR. If a mutual appointment cannot be made by agreement, then the AAA-ICDR shall be empowered to make the selection to appoint an Arbitrator. The Arbitrator shall have substantial experience in resolving commercial and/or consumer disputes. The appointment process between you and TicketX shall be conducted by the standard rank and strike process as set forth under the Rules.
If you commence an arbitration in accordance with the terms of this arbitration agreement, you will be required to a filing fee pursuant to the Rules (“Arbitration Filing Fees”). All other arbitration fees shall be paid for by TicketX, unless the Arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose.
You and TicketX agree that any question or matter of arbitrability of a dispute shall be determined by the Arbitrator. As a matter of clarification, the Arbitrator shall have the authority to determine whether a Dispute, including a dispute involving the terms of this arbitration agreement, shall be governed by arbitration solely by the same Arbitrator and not in a court of law or any other judicial forum. You and TicketX agree that they are waiving their right to seek a determination as to arbitrability in a court of law or other judicial forum.
Regardless of any statute or law to the contrary, you agree that any Dispute must be filed within one year after such claim arose, or it will be forever barred from being raised or being the subject of a cause of action (whether through arbitration or small claims court).
All Disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any subsection’s limitation as to a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the City and County of San Francisco, California, USA. All other claims must be arbitrated.
You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to the following address: 2810 N Church St PMB 20124, Wilmington, DE, 19802-4447. Your notice must be delivered no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name, address, your username with TicketX (if any), the email address used to set up such account (if applicable), and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these Terms of Service continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Notwithstanding any provision in these Terms of Service to the contrary, we agree that if TicketX makes any future material change to this arbitration agreement, you may reject that change within thirty (30) days of such change becoming effective by writing TicketX at the following address 2810 N Church St PMB 20124, Wilmington, DE, 19802-4447.
Any waiver or failure to enforce any of the provisions of the Terms on any one occasion shall not be deemed or construed to be a waiver of any other provision or of such provision on any other occasion by TicketX.
Communications between you and TicketX shall primarily be through electronic means, whether you visit TicketX Property or send TicketX e-mails, or whether TicketX posts notices on TicketX Property or communicates with you via e-mail. For contractual purposes, you: (a) consent to receive notifications from TicketX in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TicketX provides to you electronically satisfy any legal requirements that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
If you have any questions, comments, or suggestions with respect to our Services and any TicketX Property, please do not hesitate to contact us at [email protected]. We will do our best to address your concerns.
Where TicketX requires that you provide an e-mail address, you are responsible for providing TicketX with your most current e-mail address. In the event that the last e-mail address you provided to TicketX is not valid, or for any reason is not capable of delivery to you any notices required or permitted by the Terms, TicketX's dispatch of the e-mail containing such notices shall nonetheless constitute effective notice. For any notice you wish to send to TicketX, please direct them to the following address: 2810 N Church St PMB 20124, Wilmington, DE, 19802-4447. Such notice shall be deemed given when received by TicketX by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TicketX's prior written consent. Any attempted assignment, subcontracting, delegation, or transfer in violation of the foregoing shall be deemed null and void.
TicketX shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You represent, warrant, and covenant that you shall comply with all applicable international, national, state, regional, and local laws, regulations, rules and orders, including, without limitation, the U.S. Foreign Corrupt Practices Act of 1977 and the Export Control Act, as may be amended from time to time, in your use of TicketX Property.
You may not use, export, import, or transfer TicketX Property except as authorized by U.S. law, the laws of the jurisdiction in which you obtained TicketX Property, and any other applicable laws. In particular, but without limitation, TicketX Property may not be exported or re-exported into any countries embargoed by the United States, to anyone designated on the U.S. Treasury Department's list of 'Specially Designated Nationals,' or the U.S. Department of Commerce's Denied Person's List or Entity List. TicketX Property may not be used in connection with transactions involving anyone on the U.S. Treasury Department's 'Specially Designated Nationals' list or 'Foreign Sanctions Evaders' list, or within any country or region, or by any person, in violation of economic sanctions under any U.S. government program.
The Terms shall be governed by the laws of the State of California, without giving effect to its principles of conflicts of laws, and shall be binding upon you and TicketX in the United States and worldwide. The United Nations convention on contracts for the international sale of goods does not apply to these terms.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and TicketX agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts of the city and county of San Francisco, California, USA.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
The Terms contain the entire understanding among the parties and supersede any prior written or oral agreements between them with respect to the subject matter of the Terms. There are no other representations, agreements, arrangements, understandings, whether oral or written, between the parties relating to the subject matter of the Terms that are not fully set forth herein.