Terms of Use

Your Acceptance of These Terms and Conditions

Please read these Terms and Conditions agreement (“T&Cs”) carefully. These T&Cs govern the use of the website(s) and/or mobile application(s) that link to these T&Cs (collectively, the “Site”), and apply to all users visiting and/or using the Site and/or any services and resources available or enabled via the Site (each a “Service” and collectively, the “Services”).

These T&Cs expressly incorporate our Privacy Policy (available for viewing in the “Privacy Policy” section on the home page of the Site).

The T&Cs constitute a binding legal agreement between you and the entity that owns and operates the Site (the ”Site Owner,” or, as applicable, “we,” “us,” “our”). By using the Site, you agree to the T&Cs. If you do not agree to these T&Cs, then you should not use the Site or the Services.

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Site in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, organization, or company, then you represent and warrant that you have the authority to bind that entity to the T&Cs; and your acceptance of the T&Cs will be deemed an acceptance by that entity, and all references to “you” and “your” herein shall refer to that entity.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the T&Cs or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the T&Cs are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The T&Cs and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY SITE OWNER IN ITS SOLE DISCRETION AT ANY TIME. If you do not agree to any change(s) after receiving a notice of such change(s), you should stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

Buying Tickets on the Site

• Ticket Marketplace. The Site includes an online marketplace that allows users of the Site to buy tickets and other items related to live events (each such ticket and/or other related item, a “Ticket”). The buyer of a Ticket is sometimes hereinafter referred to herein as a “Buyer. As a marketplace, the Site acts as an intermediary between the Buyer and the seller of the applicable Tickets. For clarity, the Tickets listed on the Site are offered for sale by third party sellers (each, a “Seller” and collectively, the “Sellers”), and not by Site Owner.
• No Endorsement. Unless otherwise expressly stated on the Site, the display of Tickets on the Site does not in any way imply, suggest or constitute an endorsement by us of those Tickets or the events they relate to, or any sponsorship of us by the promoters of those events, or any other affiliation between those event promoters and us.
• Ticket Prices. Sellers set the Ticket prices listed on the Site, which may be at, above or below the original or “face value” price of the Ticket. All prices for Tickets are in United States Dollars.
• Your Obligations as a Ticket Buyer. As a Buyer, you are solely responsible for completing all transactions in connection with your purchase of Tickets, including the payment of the purchase price and all applicable fees. By committing to purchase a Ticket, you are entering into a binding contract with the Seller to purchase the applicable Ticket. You cannot change or cancel Ticket orders after the sale is complete.
• Final Sale. ALL SALES ARE FINAL. Except in the case of event cancellations (as cancellations (as provided in f. below), Buyer will have no right to any refunds, exchanges, credits, cancellations or returns.
• Event Cancellations. If you purchase Tickets for an event that is cancelled, then you will be entitled to a refund (less any delivery charges if the Tickets have already been delivered).
• Postponed or Rescheduled Events. If you purchase Tickets for an event that is postponed or rescheduled (i.e., if the Tickets remain valid for entry), you will not be entitled to a refund.
• Additional Terms: All transactions relating to your purchase of Tickets on the Site are subject to the following:
  1. Agreement to Supply Complete and Accurate Information. You agree to supply all applicable information necessary to complete your order and arrange for delivery of Tickets, including, but not limited to, email address and physical address (if applicable). You will be responsible for any errors made when providing such information, and understand that such errors may result in (A) delays in processing the order or delivering the Tickets or (B) cancellation of order.
  2. Special Conditions on Tickets. The listings for certain Tickets may include notes to disclose special conditions associated with those Tickets to anyone browsing those listings prior to purchase. These notes may indicate specific conditions relating to seat location such as obstructed view, partial view, limited view, side view, behind the orchestra, mezzanine, behind the stage, etc. These notes may also include age restrictions. When disclosed in the notes, these conditions shall be deemed to be known by the Buyer prior to purchase, and are not grounds for any refund or exchange.
  3. Ticket Limits. You will be subject to any applicable limits on the number of Tickets that a single customer may purchase. You will be advised of any such limits during the purchase process, or by a system limitation on the number of Tickets you may purchase during your online session. Tickets purchased for an event during multiple online sessions via the Service may be totaled to ensure that any applicable limits are not exceeded. Each account on the Site must be linked to a unique inpidual, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits for a particular event, Site Owner may cancel, without notice, any or all Ticket purchase transactions made by you for such event and return the Tickets to Site Owner, in addition to prohibiting your Ticket purchasing abilities for the event.
  4. Prohibition on Use of Ticket Bot Technology. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct Ticket transactions on the Site. You may not use ticket bot technology to search for, reserve, or purchase Tickets through the Site. For the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event Ticket purchasing limits or to maintain the integrity of posted online Ticket purchasing order rules.
  5. Original Ticket Price. We may provide the original ticket price for a Ticket being sold on the Site prior to purchase, in accordance with applicable law. As a Buyer, you acknowledge and understand that (A) we can only provide the original price if we have access to the information, and (B) in the event we receive this information from a third party, we do not independently verify the truthfulness or accuracy of such information.
  6. Order Confirmation by Seller. All orders for Tickets placed via the Site are subject to confirmation by the Seller.
  7. Comparable or Better Tickets. If a Buyer orders Tickets for seat locations that are no longer available at the price or in the quantity specified at the time the order is received, the Seller may fill the order with comparable or better seat locations, if available at the same price. If no “comparable or better” seat locations are available at the same price, then either (A) the Buyer's credit card will not be charged in the first instance or (B) the entire transaction amount will be refunded to the Buyer (if the credit card was charged); and in either case, the Buyer will be notified that the purchase request has been rejected.
  8. Ticket Availability / Speculative Selling. Site Owner does not guarantee that every Ticket listed on the Site is available for purchase and delivery. Without limiting the foregoing, some Sellers may offer Tickets for sale, even though they may not own them or have them in their possession at the time the Tickets are listed for sale or sold via the Site. If you purchaser Tickets and the Seller is unable to deliver those Tickets to you in advance of the applicable event, then Seller will either provide you with comparable or better Tickets (see subsection vii. above) or issue a full refund to you.
  9. Transferability of Tickets. Tickets may (or may not) be transferable. In certain cases, the transferability of Tickets may be indicated in the ticket listing on the Site and/or on the Tickets themselves and/or on the confirmation page or email issued upon completion of your purchase.
  10. Event Listing Information. Site Owner does not guarantee the accuracy of event-related information on the Site, including, without limitation, information with respect to event name, event location or venue, event start time, or event date. Event start times are subject to change without notice. Changes relating to an event (including, without limitation, location or venue, start time, date, performer list, performance type, length of event, and amenities included in a ticket package) may be made at the discretion of the parties responsible for the event. Buyer understands that all such parties are unaffiliated with Site Owner; and Site Owner has no control over, and shall have no liability for, any such event-related changes. For clarity, Buyer shall not be entitled to any refunds, exchanges, credits, cancellations or returns in connection with any such event-related changes.
  11. Compliance with Venue Rules and Policies. Buyer agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. If Buyer or its invitees are ejected from the event or denied entry for failure to abide by the venue's rules and policies, Buyer shall be subject to all applicable fines and legal or other expenses associated with the ejection. In addition, Buyer shall not be entitled to any refunds, exchanges, credits, cancellations or returns in such circumstance. Further, Buyer will indemnify and hold harmless Site Owner and the Seller for any and all losses, costs, liabilities, expenses and damages (including reasonable attorneys' fees and disbursements) arising out of such ejection.

Delivery of Tickets

1. Ticket Format. Tickets will be delivered to the Buyer in the format designated by the Seller (e.g., digital formats [such as static barcode, rotating barcode, QR code or PDF ], physical/hard stock, etc.).
2. Delivery of Digital Tickets. For Tickets in a digital format (such as static barcode, rotating barcode, QR code or PDF), Tickets will be delivered to Buyer in the customary digital delivery method used for that digital format (e.g., email, in-app transfer, etc.). Buyer understands and acknowledges that certain Tickets may require Buyer to download and install a third party mobile app (e.g., Ticketmaster mobile app, MLB Ballpark app) in order to receive and access those Tickets.
3. Delivery of Physical (Hard Stock) Tickets. For Tickets in physical (hard stock) format, Tickets will be delivered to Buyer via the delivery method selected by Buyer for the applicable order. However, some Tickets may only be available for local pickup or will call. Tickets are generally shipped promptly following the date of purchase; however, the shipment date for some Tickets may occur later (e.g., when Tickets have not yet been made available to the Seller). In most cases, the checkout page on the Site will indicate the estimated ship date for Tickets.
4. Denied Entry to an Event. If Buyer is denied entry to the venue, and provides written proof from Buyer of such fact (as confirmed in writing by the venue, including Buyer's description of the circumstances of the denied entry) within ten (10) days of the event, then Site Owner will investigate Buyer's claim. If Site Owner, in its reasonable discretion, determines that Buyer was denied entry, then Buyer will receive a refund, as Buyer's sole remedy, in an amount equal to the total amount paid by Buyer for the Tickets (including the ticket price and any associated fees and shipping charges).

Ownership of the Site and Its Content

The Site and any content embodied in the Site contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright. All content and related intellectual property rights are the sole and exclusive property of Site Owner or its licensor. Except as otherwise provided herein, no content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without our express prior written permission. All rights not expressly granted by Site Owner in these Terms are expressly reserved.

User Conduct / Rules and Prohibitions

To the extent you provide personal information to Site Owner, you agree that it will be true, accurate, current, and complete and that you will update all personal information as necessary. Please see our Privacy Policy (available for viewing in the “Privacy Policy” section on the home page of the Site) for more information regarding information Site Owner collects, and how we use and share that information.While using the Site you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:

• Your license to use the Site as provided in these Terms shall automatically terminate if you violate any of these restrictions; and in such event, Site Owner may terminate your license and access to the Site at any time. We further reserve all rights and remedies available to us.
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site.
• Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Site for any purpose without Site Owner's prior written approval.
• In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate information of content on the Site including, but not limited to, for use on a mirrored, competitive, or third-party site.
• Take any action that (a) may unreasonably encumber the Site's infrastructure; (b) interferes or attempts to interfere with the proper working of the Site; (c) bypasses measures that are used to prevent or restrict access to the Site; (d) circumvents, disables, or otherwise interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm the Site or others; or (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
• Copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, use, display, mirror, frame or utilize framing techniques to enclose the Site, or any portion thereof, unless and solely to the extent Site Owner makes available the means for embedding any part of the Site.
• Alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Site unless expressly permitted by Site Owner.
• Violate any applicable law in your use of the Site.
• Attempt to indirectly undertake any of the foregoing.

Communications. We may send you emails (including promotional emails) concerning products and/or services offered by Site Owner and its affiliates, including as to Tickets that you purchase and/or ticket listings that you browse on the Site. You may opt-out of promotional emails by following the “Unsubscribe” instructions in a promotional email.

Disclaimers

YOUR USE OF THE Site IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS Site OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE Site. THE Site AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Site Owner, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SitE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH the site. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Site Owner, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS Site; (C) THAT THE CONTENT OF the site IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT the site Owner WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.WE DO NOT REPRESENT OR WARRANT THAT SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR USE OF THE Site IS AT YOUR OWN RISK. Site Owner IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AVAILABLE ON THE Site OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF the site. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Site Owner AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF Site Owner AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Third-Party Links and Services

The Site may provide information and content provided by third parties and links to third-party websites or resources. We are not responsible for the availability of such external sites or resources, and do not control, endorse, or sponsor and are not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Site Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties' own terms of service and privacy policies, and any other similar terms.

Modification and Discontinuation of the Site

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party in such event.

Governing Law, Venue, and Jurisdiction. The laws of the State of Delaware in the United States (excluding Delaware's conflict of laws rules) will apply to any disputes arising out of or relating to these Terms and/or the Site. All claims will be litigated exclusively in the federal or state courts of located in New Castle County, Delaware.

Indemnity. You are responsible for your use of the Site, and you agree to defend (at Site Owner's option), indemnify, and hold harmless Site Owner and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.Site Owner reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Site Owner may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Site Owner's prior written consent.

Feedback. If you send us any feedback or suggestions regarding the Site or our services, you grant to Site Owner and our affiliates an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use or share any such feedback or suggestions for any purpose without any obligation or compensation to you or any other party.

Modification of these Terms. We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Site, except as set forth below. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms.Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

General

1. No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
2. No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Site.
3. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Site Owner on the Site, shall constitute the entire agreement between you and Site Owner concerning the Site. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
4. Assignment. We may assign or transfer our rights and obligations under these Terms at any time in our sole discretion. You may not assign or transfer these Terms, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
5. Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Site Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
6. 1-Year Objection Period: Unless otherwise prohibited by applicable law, any claim or cause of action you may wish to assert arising out of or related to the Site must be asserted with specificity within one (1) year after the claim or cause of action accrues. Otherwise, such claim or cause of action shall be deemed permanently barred.

Contact Us

If you have questions about these Terms or the Site, please contact us by email at the email address for Site Owner listed in the “Contact Us” section on the home page of the Site.

And that's the fine print. We appreciate your business. Get out and live a little.