By accessing or using Ticket Division's website (the "Site"), our mobile applications (the "Apps") and associated services (collectively, the "Services"), you agree to be bound by this User Agreement ("Agreement"). You ("User", "Your") are contracting with Ticket Division, LLC. ("Ticket Division", "We", "Us").
We may periodically make changes to this Agreement, which will be posted on the Site and become effective immediately. Your continued use of the Site indicates your acceptance of the changes to the Agreement.
Ticket Division is a marketplace that allows Users to buy and sell event tickets and related merchandise or other goods and services (collectively, "Tickets") for events. Users who use the Services to purchase Tickets are hereinafter referred to "Buyers". Users who uses the Services to promote events and sell Tickets are hereinafter referred to as "Sellers".
"Services" are collectively the marketplace, its tools, features and associated products and services provided by Ticket Division through the Website, Apps and all products and services made available to the public by Ticket Division.
"User" means any individual, business (including any sole trader, partnership, limited company or other organization or person) or entity that has registered (either themselves or by means of a duly authorized officer, agent or other representative) with Ticket Division by means of the registration screen on the Website or any mobile application, or that uses any of the Services.
"Content" means information, software, photographs, video, graphics, music, sound and other material that appears on the Site or are made available through the Services.
Unless the context otherwise requires:
The contract between Ticket Division and the User shall be effective from the time that the User first accepts these Terms and shall remain in force until or unless terminated under these Terms.
In consideration for Ticket Division providing all or part of the Services, whether you are using the Services to purchase or sell Tickets, you agree to be bound by these Terms.
As a self-serve marketplace, Ticket Division does not own the tickets on the Site, nor does it set prices for tickets. Because sellers set ticket prices, they may be higher than face value.
Ticket Division is in no way responsible for the content of events and associated Tickets uploaded onto the Services by Users and in no way endorses nor is affiliated with these events and offers.
While Ticket Division may provide pricing, shipping, listing and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Also, Ticket Division has no control over and does not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of the User's content or listings; the ability of Sellers to sell tickets or Buyers to pay for them; or that a Buyer or Seller will complete a transaction.
Ticket Division is not responsible for partial performances, or venue, line-up, date, or time changes.
For the duration of these Terms, Ticket Division grants to the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the Service for the purpose of being a Ticket Buyer or Seller.
The User shall be responsible for obtaining and maintaining its equipment. The User's equipment is any computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the Service. Ticket Division has no responsibility or liability for such equipment.
The User represents and warrants that it or a suitably qualified employee, agent or sub-contractor, has familiarized itself with relevant laws, licenses, codes of practice, guidelines, directives and regulations relating to the subject matter of this agreement. The User shall ensure at all times that their use of any part of the Services, including connection of the User's equipment to Ticket Division's servers, is in accordance with all applicable data protection and other laws, licenses, codes of practice and regulations in force from time to time.
The Service shall only be used by the User or a duly authorized officer, agent or other representative of the User. The User may not assign, novate, re-sell, sub-license, charge or otherwise deal with either the whole or part of the Services.
The User shall not (and shall not permit anyone else to) publish, copy, store, modify, transmit, distribute or broadcast any part of the Site's content, except where it is necessary to do so to enable the User to receive the Services in accordance with these Terms.
When using the Site, the Apps or the Services, you agree that you will not do any of the following:
Ticket Division, at its sole discretion, reserves the right to:
In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is canceled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.
Access to the Site is permitted on a temporary basis and Ticket Division reserves the right to suspend at its sole discretion the whole or any part of the Service for any reason whatsoever. In such situations, Ticket Division shall seek to, but shall not be obliged to, give the User as much notice as is reasonably practicable. For the avoidance of doubt, Ticket Division shall not be liable to the User for any loss whatsoever arising from such a suspension.
Ticket Division shall be entitled to perform scheduled and unscheduled maintenance, and vary the technical specification of the Services and/or the Site and/or the Apps from time to time. Ticket Division may, for this purpose, suspend access to the Service and/or the Website and/or the App or close any one or more of them indefinitely
You acknowledge that Ticket Division may charge any of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement.
Any of the material on the Site and/or the Apps (including the Content) may be out of date at any given time and Ticket Division is under no obligation to update such material or Content.
Ticket Division shall be entitled to close any User accounts which are inactive for a period of 6 (six) months or more, including Buyer and Seller accounts. If, at the time it is closed, such User account is in credit by any amount, Ticket Division will keep a record of the account for 3 (three) months after it is closed, during which period the User shall be entitled to request that Ticket Division reactivate their account or withdraw any amounts by which the account is in credit. If, at the end of the 3 (three) month period, the User has not reactivated their account or withdrawn the funds in their account, they shall be deemed to have waived absolutely their right to collect such amount and Ticket Division shall be entitled to retain such amount for its own personal account.
By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket for the price you have specified. When a Buyer accepts your offer by purchasing your Tickets through our Site or Services, you are contractually bound to honor that order.
Ticket Division may charge service, facility, payment, shipping, delivery, fulfillment or other fees for using our Services (collectively, referred to as "Fees"). Ticket Division reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after you list your tickets.
The Seller listing an event and associated Tickets shall be solely responsible for ensuring that the event and its details are correct, including entry times, Ticket prices, event details, promotional offer, taxes, additional fees and door policy. Ticket Division is in no way responsible for incorrectly entered details for such events and Tickets, nor is it responsible for any revenue lost as a consequence. Under no circumstances may Sellers list speculative Tickets.
You are solely responsible for the payment of any applicable taxes resulting from your Ticket sales. You agree to provide Ticket Division with your Social Security Number or other tax identification number if necessary for Ticket Division to provide information to the Internal Revenue Service ("IRS") or other tax authorities related to payments you receive from us and further authorize Ticket Division to release that information to the IRS or other tax authority.
Should the Seller cancel an event or order (and related Tickets), it is the Seller's responsibility to inform Ticket Division and the Users who purchased Tickets. In such circumstance, the Seller shall refund all Ticket sales in accordance with these Terms and is responsible for processing refunds using the Services. In addition, the Seller is responsible for all fees (such as payment processing fees, facility fees and Ticket Division Service fees) occurred at the time of the purchase, whether such fees were initially paid by the Buyer or the Seller.
Ticket Division has the right to remove, at its absolute discretion, any event and any Tickets deemed to be unsuitable for the Ticket Division platform.
In the event that payments are made by cash directly from the Buyer to the Seller (for example, by using Ticket Division's Mobile Point of Sale or Box Office App), the Seller is responsible for the cash transaction and its refund, should the order be canceled.
The Seller acknowledges that transactions made on the Site are processed by Ticket Division third-party payment processing partners. The Seller acknowledges and agrees that payment processing fees may be levied to process such transactions. Should the Seller decide to absorb such fees, the Seller allows Ticket Division to deduct the fees from the total amount collected from the Ticket sale.
By default, Ticket Division collects payments from Ticket Buyers and disburses all funds owed to the Seller("Settlement") within 5 (five) business days from the end-date of the event for which such Tickets were sold. Settlements are made using the preferred method of payment set by the Seller. The Seller may choose to be paid by check or direct deposit (ACH transfer). The Seller is solely responsible for the payment information provided and any fee levied by financial institutions for failed or denied transactions caused by invalid information. Alternatively, Ticket Division allows the Seller to connect his own Stripe account and collect payments (after fees) from Buyers as soon as they are processed.
The Seller is fully responsible for any disputed transactions and chargeback fees levied by financial institutions. In the event that a transaction is disputed after the Settlement for the associated event has been sent, an adjustment will be made to the next Settlement.
You are responsible for reading the complete listing before making a commitment to buy tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those tickets. Payment is remitted to Ticket Division and disbursed to the seller or remitted to the Seller directly according to our payment policy. All sales are final and you cannot change or cancel any orders after the sale is complete, unless the Seller offers a refund policy.
It is the responsibility of the Seller to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Seller. All communications or disputes regarding refunds are between the Seller and Buyer and Ticket Division will not be responsible or liable in any way for refunds, errors in issuing refunds, lack of refunds in connection with the Services, or chargebacks in connection with a Buyer's use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the Seller directly. Ticket Division will, however, do everything in its power to facilitate communications and reach an amicable resolution.
There may be other terms and conditions applicable to any event and Users should check these before committing to a purchase, in particular for terms such as age requirements and alcohol policies.
Ticket Division acts as the agent for the Seller and, as such, typically only offers refunds and/or exchanges based on the Seller's instructions. Ticket Division is not obligated to issue a refund except to the extent that the Seller responsible for bringing you the event (1) instructs us to issue a refund, and (2) provides us with the funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the Seller's instructions, which, along with the decision about whether or not to issue a refund or an exchange, may be at the Seller's discretion.
Before purchasing tickets, carefully review your event and seat choices. Ticket Division acts as an agent for the Seller and policies set forth by our clients, including venues, teams and theaters, generally prohibit Ticket Division from issuing exchanges or refunds after a Ticket has been purchased or for lost, stolen, damaged or destroyed Tickets. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to Tickets you purchased. Without limiting the generality of the foregoing, you will not contact Ticket Division to seek a refund or exchange from Ticket Division when Ticket Division is prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site or Apps. Should you do so, your tickets may be canceled, and Ticket Division may, in its sole discretion, refuse to honor pending and future Ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Services.
Event organizers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the event organizer's rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, weapons, cameras, recording devices, bundles and containers.
You assume all risks incidental to the event for which a Ticket is issued, whether before, during or after performance, and you waive any claims for personal injury or death against Ticket Division, its management, officers, directors, owners, employees or agents on behalf of yourself and any accompanying minor.
A registration is required to list, sell and purchase Tickets. The User certifies that the information provided to register is true and accurate.
To be a registered User of the Services, whether as a Buyer or a Seller, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ticket Division has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ticket Division has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-Users registered under your account. You agree to (a) immediately notify Ticket Division of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ticket Division cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Ticket Division shall be the sole arbiter of such dispute in its sole discretion and that Ticket Division's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You own and are solely responsible for any content including images, text, audio or other materials that you submit ("User Content").
By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant Ticket Division the right to use your name or image in association with your User Content, if we so choose.
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify Ticket Division for any and all claims resulting from your User Content.
Ticket Division has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and Ticket Division will not be liable for its use or disclosure.
If you submit ideas, suggestions, documents, and/or proposals ('Ideas') to Ticket Division, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Ticket Division may have something similar to the Ideas under consideration or in development.
Ticket Division respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people's intellectual property rights, we will terminate your account when appropriate.
If you have a good faith belief that your intellectual property rights have been violated, you can submit a Notice of Claimed Infringement to Ticket Division's designated agent with the following information:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information:
Your physical or electronic signature;
Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification;
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Ticket Division's Designated Agent, Ticket Division may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Ticket Division's sole discretion.
If we believe you are abusing Ticket Division in any way (including, by way of example only, suspected violations of the User Agreement or applicable law, and actions that fail to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes), we may investigate and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for such abuse. These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the ticket(s) to the Buyer within a specified time, withholding a payment to you, or charging the payment method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required. In addition, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
All communications between you and Ticket Division are subject to our User Privacy Notice.
You consent to receive calls, including autodialed or prerecorded calls, and text messages from Ticket Division at any telephone number that you have provided us or we have otherwise obtained. We may place such calls and texts to (i) notify you regarding your account; (ii) provide customer support; (iii) collect a debt; (iv) resolve a dispute; (v) poll your opinions through surveys or questionnaires; (vi) contact you with marketing or promotional material; or (vii) as otherwise necessary to service your account, provide the Services, applications or tools, or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard rates may apply.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
In addition, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by Ticket Division so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
If Ticket Division provides you with information about another User, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. You may not distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
You and Ticket Division each agree that any and all disputes or claims that have arisen or may arise between you and Ticket Division relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Ticket Division's Site or Services, or any tickets or related passes sold or purchased through Ticket Division's Site or Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
You and Ticket Division agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Ticket Division agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Ticket Division Users.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice. A Notice should be sent to Ticket Division. Ticket Division will send any Notice to you to the physical address we have on file associated with your Ticket Division account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Ticket Division are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Ticket Division may initiate arbitration proceedings. In the event Ticket Division initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Ticket Division account. Any settlement offer made by you or Ticket Division shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Ticket Division may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ticket Division subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ticket Division may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Ticket Division Users, but is bound by rulings in prior arbitrations involving the same Ticket Division User to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized Relief'), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized Relief') is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement will continue to apply.
You can choose to reject this Agreement to Arbitrate ('opt out') by mailing us a written opt-out notice ('Opt-Out Notice'). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time.
You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the Ticket Division account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Ticket Division prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Ticket Division. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on https://www.ticketdivision.com at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
Except as otherwise stated, the Agreement shall be governed by the laws of the State of Florida.
You understand and agree that you are making use of the Site and Services on an "as is" and "as available" basis. Ticket division makes no warranty with respect to its software, services, site, any tickets, any event, any User content, or that sellers or buyers will perform as promised. Accordingly, to the maximum extent permitted by applicable law and except as specifically provided in this User agreement, we disclaim all warranties, express or implied, of merchantability, fitness for a particular purpose, title, or non-infringement.
In addition, to the maximum extent permitted by law, Ticket Division (inclusive of any of its service providers and licensors) is not liable for: (a) any special, indirect, or consequential damages; (b) loss of: profits, goodwill or reputation, profits, or other intangible losses; (c) damages relating to: (i) your access to, use of, or inability to access or use the Site or Services; (ii) viruses or other malicious software obtained by accessing our Site or Services or those of any Site, Services, or tools linked to our Site or Services; (iii) any User content or content of third parties, or (iv) the duration or manner in which tickets you list appear on the Site or Services;
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
To the fullest extent permitted by law, you release and covenant not to sue Ticket Division, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between Users. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold Ticket Division and (if applicable) Ticket Division's parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the 'Ticket Division Indemnitees') harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Ticket Division and (if applicable) any Ticket Division Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of Ticket Division's Site or Services, and/or your violation of any law or the rights of a third party.
This Agreement, together with all additional policies referenced above constitutes the entire agreement between you and Ticket Division relating to your use of our Site or Services. You consent to receive notice by email to the address provided at registration. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. Ticket Division may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Ticket Division, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. This Agreement is for your benefit only, not for the benefit of any third party except for Ticket Division's permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing Ticket Division, User Content and Ideas, Consequences, Agreement to Arbitrate Disputes with Ticket Division, Limitation of Liability, and Indemnification.
This Privacy Notice describes your privacy rights regarding our collection, use, disclosure, retention, and protection of your personal information. It applies to any Ticket Division site and mobile applications.
By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and you are consenting to our collection, use, disclosure and retention of your personal information as described in this Privacy Notice and in our User Agreement. If you do not provide the information we require, we may not be able to provide all our Services to you.
"Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data alone or from that data in combination with other information that Ticket Division has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person.
We collect personal information from you and the devices (including mobile devices) you use to access or use our Services. This personal information we collect includes, but is not limited to, personal information of the kinds described below.
This section describes information you provide us when registering with Ticket Division, which may include name, physical address, email address, telephone and/or mobile phone number, business seller information, tax identification number;
Financial information such as PayPal account information, credit card, or debit card or bank account information;
Transactional information based on your activities on our sites and through our Services (such as information on your buying and selling activity, ticket information and other content you generate or that relates to your account);
Shipping, billing and other information you provide to purchase or list a ticket, as well as, where shipping services are provided through one of our programs, additional relevant shipping information (such as tracking updates) provided by the chosen shipping partner;
Information provided through User ratings and reviews, chats, dispute resolution, referral services, information added to a web form or when adding/updating your account information, correspondence through our sites and Services, correspondence with our customer service team or correspondence sent to us;
Information provided through User ratings and reviews, chats, dispute resolution, referral services, information added to a web form or when adding/updating your account information, correspondence through our sites and Services, correspondence with our customer service team or correspondence sent to us;
Additional information you may be asked to provide in order to verify your or your business' identity or other information pertaining to your account or listings. Such information may include name and address of legal representatives and beneficial owners, date of birth, nationality, and copies of your passport and/or other identification documents.
We also collect information about your interaction with our sites and Services, advertising, mobile notifications or e-mail communications. This is typically information we receive from your computer or other devices, including your mobile devices, such as:
We may supplement the information we collect from you with information from third parties and add it to your account information. This may include publicly available demographic information; additional contact information, User information or account information (including third-party account information) and other information required to verify your or your business' identity or User information or to assess fraud; credit check information; and information from credit bureaus as permitted by law. We may combine information you give us with information we collect from other sources and use it for the purposes disclosed in this Privacy Notice.
We may allow you to share information with third party social media sites, or use social media sites or other sites connected to your account. Those social media sites may give us access to certain personal information stored by them (e.g. content viewed, content liked by you, and information about the advertisements within the content you have been shown or may have clicked on etc.). If you provide us with access to any site with video content, then you agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information you allow us to have access to through the privacy settings on that third party site and the permissions you give us when you grant us access. By associating an account managed by a third party with your account and authorizing Ticket Division to have access to this information, you agree that Ticket Division may collect, use and store the information provided by these sites in accordance with this Privacy Notice.
If you give us personal information about someone else, you must do so only with their consent. You agree to inform them that we have collected their personal information and tell them how we collect, use and disclose the personal information.
We use the personal information we collect to operate, improve and personalize our Services, to contact you and provide you customer service, customize our advertising and marketing, to detect, prevent and mitigate fraudulent or illegal activities and to comply with our legal obligations. You agree that we may use your personal information as follows.
We retain your personal information as long as it is necessary and relevant for our operations. Upon request, personal information from closed accounts will be deleted or rendered anonymous as soon as reasonably possibly after the account is closed or deactivated. Under certain circumstances we may retain personal information from closed accounts to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement, comply with applicable legal data retention obligations and take other actions permitted by law. After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.
You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with customized and relevant advertising.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you received or indicate your preferences within the direct communication from us. You may not opt out of receiving administrative messages, customer services responses or other transactional communications. If you have agreed to receive marketing communications through check-out with our partners, you must change your communication preferences with them directly.
We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent. If you do not wish to participate in our ad-customization programs, you can opt-out by following the directions provided within the applicable advertisement. The effect of an opt-out will be to stop targeted advertising, but it will still allow the collection of usage data for certain purposes (e.g. research, analytics and internal online services operation purposes).
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access or correct it.
You can see, review and change most of your personal information by signing on to your account. Please update your personal information immediately if it changes or is inaccurate.
Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law.
We will honor any statutory right you might have to access, modify or erase your personal information. You can contact Customer Service to request access. Where you have a legal right to request access or request the modification or erasure of information, we can still withhold that access or decline to correct information in some cases in accordance with applicable law, but will give you reasons if we do so.
We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect the rights, property or safety of Ticket Division, other Users or third parties. Such information will be disclosed only in accordance with applicable laws and regulations (such as professional secrecy obligations). We minimize the amount of personal information we share to what is directly relevant and necessary to accomplish the specified purpose. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.
The organizations and institutions we may share personal information with include, but are not limited to, payment processors and financial institutions for billing purposes or fraud detection, law enforcement or regulatory agencies, credit bureaus to which we might report information about your account, including information on late fee payments, missed fee payments or other defaults on your account, co-brand partners for certain sites, events or listings, etc.
While we use contractual and other measures to ensure protection of personal information, the laws and regulations relating to privacy and personal information protection in other jurisdictions may not be the same as, or similar to, your local privacy laws. The governments, courts, law enforcement or regulatory agencies in these other jurisdictions may be able to request disclosure of personal information through the laws of these countries. In an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm, financial loss or to report potentially illegal or fraudulent activity.
We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
Other Users have access to the information you share on Ticket Division (e.g. listings, business seller information, etc.) and may have access to other Users' contact, delivery and transaction data as necessary to facilitate ticket purchases, sales and payment transactions. You may only use the personal information that you have access to for transaction-related purposes, for using services offered through Ticket Division (such as delivery services) and for purposes expressly consented by the User to whom the information relates. Using personal information that you have access to for any other purpose, including marketing without appropriate consent, is a violation of our User Agreement and other policies.
Our websites are general audience websites, and our Services are not intended for Users under the age of 13.
This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, their privacy notices and practices will apply. We cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of any third party before entering into a transaction and choosing to share your information.