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TickPick Last Updated on August 18, 2020 TickPick and TicketPickIt LLC (the "Company," "TickPick," or the "Site") is an innovative ticket marketplace that aims to create a more efficient platform for buying and selling tickets to sports, concerts, and other live events. Please read this Terms of Use agreement carefully. These Terms of Use govern the use of TickPick.com, or the mobile application "TickPick" (together, the "Digital Properties of TickPick"), and apply to all users visiting the Digital Properties, including using the services and resources available or enabled via the Digital Properties (each a "service" and collectively, the "Services"). By clicking on the "I Accept" or "Sign Up" button, completing the registration process, and/or browsing the website or downloading TickPick's mobile application (the "Application"), YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with TickPick, and (3) you have the authority to enter into the Terms of Use personally or on behalf of company you have named as the user, and to bind that company to these Terms of Use. The term "you" refers to the individual or company, as applicable, identified as the user when you registered with a Digital Property. If you do not agree to be bound by the Terms of Use, you may not access or use any Digital Property or the Services. Terms of the User Agreement This User Agreement ("Agreement") lists the terms of the agreement between you and TickPick for the buying and selling of tickets, and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the terms and the conditions of this Agreement to become a Registered User of the Site. If we change or modify this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following TickPick's posting of a revised Agreement will constitute your acceptance of the revised Agreement. Do not continue to use the Services, or this Site, if you do not agree with the terms of this Agreement or any revised version of this Agreement. FOR ALL USERS RESIDING IN THE UNITED STATES, PLEASE BE ADVISED: SECTION 22 OF THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TICKPICK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. 1. TickPick Marketplace TickPick is an independent marketplace designed to connect buyers of tickets and sellers of tickets. As such, our services are merely designed to act as a marketplace to connect buyers and sellers, and TickPick makes no guarantee with respect (a) to the existence, quality, safety or legality of the tickets, (b) the truth or accuracy of a seller's listings or content, (c) the ability of sellers to sell tickets or the ability of buyers to pay for them, or (d) that a seller or buyer will complete any transaction. TickPick is acting solely as an agent on behalf of the sellers listing tickets on TickPick’s marketplace. As such, TickPick has no liability, either primarily or secondarily, for amounts collected or paid through its marketplace. Unless otherwise expressly stated by TickPick, the display of any tickets or sellers on our website does not in any way imply, suggest or constitute an endorsement by us of those tickets or that seller, or any sponsorship of us by such seller, or any other affiliation between such seller and us. If you access the TickPick Properties through a SNS as part of the functionality of the Digital Properties, the Application and/or the Services, you may link your TickPick account with Third-Party Accounts, by allowing TickPick to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You must provide all equipment and software necessary to connect to TickPick Properties, including but not limited to, a mobile device that is suitable to connect with and use TickPick Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing TickPick Properties. 2. Registering TickPick requires users to register before they can buy or sell tickets. To register (become a "Registered User"), you must provide your legal and current name and address, your phone number, an active email address, and a valid credit or debit card. A Registered User of this Site must agree to accept the terms and conditions of this Agreement, and you must have a valid credit or debit card. You may only use these services if you are legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of a parent or guardian. 3. User Conduct 3.1 Unauthorized Use or Access: You agree that you will not, under any circumstances: (a) Interfere or attempt to interfere with the proper functioning of TickPick Properties or connect to or use TickPick Properties in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from our TickPick Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame TickPick Properties, or any individual element within TickPick Properties, TickPick's name, any TickPick trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TickPick's express written consent;
(d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through TickPick Properties or that is in transit from or to TickPick Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by TickPick Properties;
(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or TickPick Properties, whether through the use of a network analyzer, packet sniffer or other device;
(f) Make any automated use of TickPick Properties, or take any action that imposes or may impose (in TickPick's sole discretion) an unreasonable or disproportionately large load on the infrastructure for TickPick Properties;
(g) Bypass any robot exclusion headers or other measures TickPick takes to restrict access to TickPick Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl TickPick Properties, or harvest or manipulate data;
(h) Use, facilitate, create, or maintain any unauthorized connection to TickPick Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of TickPick Properties; or (ii) any connection using programs, tools or software not expressly approved by TickPick;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide TickPick Properties, or to obtain any information from TickPick Properties;
(j) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) Solicit or attempt to solicit personal information from other Users of TickPick Properties;
(l) Use TickPick Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(m) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use TickPick Properties to send altered, deceptive or false source-identifying information; or
(n) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
3.2 General: In connection with your use of TickPick Properties, you shall not: (a) Harm minors in any way;
(b) Impersonate any person or entity, including, but not limited to, TickPick personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(d) Register for more than one account or register for an account on behalf of an individual other than yourself;
(e) Stalk or otherwise harass any other User of our TickPick Properties; or
(f) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
4. Blocking of Accounts, Delay or Refusal of Payment Transactions TickPick reserves the right to temporarily or permanently suspend your TickPick account, to delay or refuse payment transactions to and from your TickPick account, or otherwise restrict its functionality if: (a) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us;
(b) Required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;
(c) There is suspicion of unauthorized or fraudulent access to or use of your TickPick account or that any of its security features have been compromised;
(d) TickPick has reasonable grounds to believe you are carrying out a prohibited or illegal activity; or
(e) TickPick is unable to verify your or your business' identity or any other information pertaining to you, your TickPick account or a payment transaction.
TickPick will notify you via email of the suspension or restriction and the reasons for it, where possible, before such measures take place and at the latest immediately thereafter, unless prevented from doing so for security reasons or by law. TickPick will reinstate your TickPick account or execute the payment transaction as soon as practicable after the reasons listed in this section no longer apply. 5. App Stores You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and TickPick and not with the App Store. TickPick, not the App Store, is solely responsible for TickPick Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with TickPick Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using TickPick Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. 6. Buyers: Score Report, Seat Quality, Seat Views and Ticket Prices Registered Users who want to buy tickets ("Buyers") may search for events and view ticket listings. TickPick ranks and lists tickets based on a combination of ticket prices and seat quality ("Score Report"). The ticket Score Report is a feature that helps users search through tickets; however, the purchase of tickets is at the full discretion of the Buyer, and all sales are final. TickPick's determination of seat quality is only an estimate based on historical data about the view and location. The Seat Views provided by TickPick for a given section reflects the view from that location in general and is not specific to any one ticket listing within that section. TickPick is not responsible for the quality of the specific seat. The price printed on the ticket in most cases will not be the same as the purchased price or the cost of the transaction. Ticket prices are set by the owners of ticket(s) ("Seller"). TickPick does not own ticket inventory or set ticket prices. As a result, the ticket prices listed may be substantially higher (or in some cases lower) than the original face value printed on the ticket. All TickPick sales are final even though ticket prices for live events continue to fluctuate on the open market. It is possible that prices of similar seats will change over time; if the prices of similar tickets increase prior to the event, you will not be charged more. Conversely, if the price of similar tickets decreases prior to the event, no credits, refunds or upgrades will be given. TickPick will never charge more than what you have authorized. All prices are listed in U.S. dollars. 7. Buyers: Finding Tickets and Placing Orders To order tickets, a Buyer first browses TickPick's listings for tickets. When the Buyer finds desirable tickets, the Buyer places an "order" or a "bid to purchase the ticket(s). When an order is placed, Sellers have 48 hours to receive notification of an order and confirm delivery. All orders are final and, once placed, cannot be cancelled or retracted. However, placing an order does not complete the sale; a sale is only completed once it has been confirmed by the Seller. All bids are firm bids, and once a Seller accepts a bid and confirms the sale the transaction is complete and cannot be cancelled or retracted. However, all bids can be retracted prior to a Seller accepting your bid. To be explicit, once a Seller accepts a bid, it cannot be cancelled or refunded. Therefore, Buyers should treat bids as an order to purchase tickets which a Seller can confirm at any time. TickPick's BestPrice Guarantee to the Buyer takes effect only after the Seller has confirmed delivery and the Buyer's credit or debit card has been charged. The Buyer's credit or debit card is not charged until the Buyer's order is confirmed by the Seller. However, when a Buyer places an order or bid, we obtain an authorization from the Buyer's credit or debit card for the full order amount, which is equal to the total ticket price, or the maximum bid times the quantity of the tickets ordered plus a shipping & handling charge (note: there is no commission or service charge to the Buyer). The authorization remains on the Buyer's credit card until the sale is completed or the order is cancelled. Although an authorization is not a charge, debit card issuers will place a hold on funds when an authorization is obtained by TickPick. In all cases, TickPick is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's credit or debit card when the Buyer places orders or bids. After a Buyer places an order to purchase tickets, it is possible that the Seller no longer owns those tickets or for some other reason will not confirm the sale. In that case, TickPick will work to help the Buyer source similar seats for the same price or less. However, TickPick cannot guarantee that similar seats for the same price or less will be available for sale; in this case, the Buyer's credit or debit card will not be charged and the sale will be cancelled. Event dates, times, venues, and subject matter, which are listed on the ticket, may change. It is the responsibility of the Buyer to verify the most recent details for an event. Please contact the box office or refer to local listings for any changes. TickPick does not guarantee any information provided by our Sellers in the Seller Notes area of the ticket listings. It is the Buyer's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price by calling TickPick as soon as possible following the discovery of such a discrepancy. Use of a ticket without reporting a discrepancy to TickPick constitutes acceptance of the ticket as is, notwithstanding any inconsistency with the Seller's listing and the actual ticket. Upon the Seller confirming the sale, the Buyer is guaranteed to receive the tickets in time for the event. TickPick cannot guarantee the method of the delivery for a given sale, only that the tickets will be delivered in time for the event. If there are any issues or discrepancies with the tickets that you receive from what was purchased, TickPick will do it's best to find comparable replacement tickets. If replacement tickets cannot be found or are not available at a comparable price, TickPick reserves the right to cancel the order and credit or refund the full purchase amount to the buyer. In this case TickPick will provide you with a prepaid FedEx shipping label to use to return the tickets to TickPick. If a seller notifies TickPick of a "drastic pricing error" when listing tickets for sale, TickPick will use their sole discretion to decide whether it is appropriate to cancel a sale and excuse the seller from fulfilling the sale. This is most commonly caused when a seller forgets a digit (ex: $40 vs $140) or reverses the digits (ex: $260 vs $620) when setting the price on a listing. In these cases, whether an order is confirmed or not, TickPick in its sole discretion, reserves the right to cancel the sale without penalty to the seller, and provide the buyer with a credit or refund. You must notify TickPick in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: [email protected] When attending an event, you may be required to sign a waiver or other legal document in order to gain access to the venue by the venue or event organizer or such party’s agent. By purchasing tickets from TickPick, you understand that you may be denied entry if you do not sign such waiver. Due to the uncertainty related to the COVID-19 pandemic, your tickets and admission to the event are subject to all venue and/or event organizer/promoter safety and health policies. You acknowledge that due to the evolving nature of the pandemic, the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the event date. By using tickets, you acknowledge and agree that you will comply with such policies and your attendance at the event is conditioned on such compliance. If, for reasons of maintaining social distancing or other safety reasons related to the covid19 pandemic, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, such relocation will not qualify you for a refund or for other compensation. If you are not permitted into an event for any reason other than due to the invalidity of the ticket(s) you receive, TickPick is not responsible and you will not qualify for a refund or any other form of compensation. 8. Ticket Upgrades Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations. Actual seat and row numbers may vary from those purchased on the Site. TickPick will always look to upgrade Buyer's tickets when possible and reserves the right to determine what constitutes a "comparable" or "better" ticket for substitution or upgrade purposes. 9. Listing Tickets for Sale A Registered User who wants to sell tickets may list the tickets on TickPick. As part of the listing process, the Seller assigns a price to the tickets and must provide accurate information such as the event description, date, section, row, and seat. Sellers must also ensure that such listings remain accurate. Sellers are required to disclose if the tickets state that it is an obstructed view, partial view, or mobility view (as well as any other information that may be relevant to a ticket buyer). Sellers are expressly forbidden from listing for sale: (a) tickets that the Seller does not own; (b) tickets obtained in violation of the Better Online Ticket Sales Act of 2016 (i.e., obtained via circumvention of a security measure, access control system, or other technological control or measure on an Internet website or online service that is used by a ticket issuer to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules); (c) Speculative tickets; (d) Stolen tickets; (e) Nontransferable "paperless tickets,"" "flash seats," and "will call only" tickets (transferable "paperless tickets," "flash seats," and "will call only" tickets may be sold); (f) tickets without event access unless clearly stated in the listing (e.g., "PARKING ONLY"). Sellers may only list for sale non-consecutive seats and "piggyback seats": (seats directly behind one another) if clearly stated in the listing. A Seller who lists a ticket for sale on the Site may choose to sell that ticket for a fixed price. The Seller sets a definite price at which the ticket(s) will sell immediately when a Buyer places an order for the ticket(s). A Seller who lists a ticket on the Site may choose to sell that ticket via the "Bidding Platform," which is the technology that allows a Registered User to make an offer to buy tickets from multiple Sellers. Sellers can view the bids of Buyers and, at their discretion, agree to sell their ticket(s) at the chosen bid prices. Pricing tickets is the sole responsibility of Sellers and must be done in accordance with all applicable laws. Sellers are solely responsible for the payment of any applicable taxes resulting from your ticket sales. 10. Completing Your Sale When your tickets sell you are obligated to deliver the exact listed tickets, however, your sale is not complete until the buyer receives the tickets from you. Completing a sale means following all of the steps to send the tickets you sold, on time and as promised in your listing. TickPick verifies the authenticity of the order and reserves the right to cancel any order that it identifies as fraudulent. As soon as your tickets sell, we'll send you an email to notify you to complete your sale. The deadline to complete your sale is based on whether you told us your tickets were in hand or not - and if not, the date you identified as your In-Hand Date. Simultaneously, TickPick verifies the authenticity of the order and the buyer, and reserves the right to cancel any order that it identifies as fraudulent. In this case sellers are free to relist their tickets for sale again. 11. Seller Obligations, Penalties, & Restrictions 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 ticket through our Site or Services, you are contractually bound to deliver that exact ticket for the specified price and within the required delivery timeframe. TickPick may provide Sellers with certain information related to Buyers, such as their contact information, so that Sellers can send tickets to them. Sellers are prohibited from using such information for any purpose other than the fulfillment of their obligations in providing purchased tickets to Buyers. Sellers shall not include, in any shipment to any Buyer, any materials other than the purchased tickets, including business cards, bookmarks, coupons, flyers, solicitations, contact information or any other marketing or advertising materials. If your tickets have sold but you cannot fulfill the order or there was a problem with fulfillment (also referred to as a 'dropped sale'), TickPick may charge your payment method an amount equal to 200% of the price of the ticket(s) sold to compensate us for the losses we incur to meet our obligations under the BuyerTrust Guarantee. TickPick reserves the right in its sole discretion to charge your payment method the full amount of the replacement costs TickPick incurs under the BuyerTrust Guarantee. With regard to the BestPrice Guarantee, professional ticket resellers (those who buy and sell tickets on a regular basis, as determined by TickPick) are not eligible to take advantage of this guarantee that is strictly meant for buyer use. A dropped sale can be triggered by the following situations: 1. You cannot deliver the ticket(s) or related passes in time. 2. You do not have a replacement ticket (tickets that TickPick determines in its sole discretion are comparable or better than the ones originally listed). 3. TickPick rejects your requested change and cancels the order, or 4. The tickets that were delivered were not authentic. By listing a ticket for sale, you certify that the ticket was obtained lawfully and, among other things, not in violation of the Better Online Ticket Sales Act of 2016 (i.e., obtained via circumvention of a security measure, access control system, or other technological control or measure on an Internet website or online service that is used by a ticket issuer to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules). 12. Users Relationship with TickPick As a Buyer, a Registered User grants TickPick permission to charge the credit or debit card associated with their registration for the purchase of tickets. As a Seller, a Registered User grants TickPick permission to charge the credit or debit card associated with their registration for costs incurred by TickPick if at any time the Seller fails to deliver the tickets they have listed or delivers invalid, fraudulent, counterfeit, or misrepresented tickets. These costs may include, but are not limited to, the cost of replacement tickets, coupons, gift certificates, credits or refunds to the Buyer, and other charges we incur to satisfy the Buyer under the terms of TickPick's BuyerTrust Guarantee. TickPick acts as a marketplace only to allow Buyers and Sellers to interact regarding tickets. In all cases, the submission and confirmation of orders are transactions between Buyers and Sellers only. The fulfillment of confirmed orders, including delivery and shipment of tickets, is the responsibility of the Seller. If you have a dispute with one or more registered users, you release TickPick and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives, and employees from any 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 such dispute. Any claims submitted for the BestPrice Guarantee must meet all of the conditions set by TickPick in order to be eligible to receive any credit. TickPick will not use or distribute your private information except in accordance with our Privacy Policy. 13. Text Message Policy Some of our Services may allow you to receive SMS, MMS, or other text message notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply: You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from TickPick, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Your mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text Message correspondence. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will TickPick or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us. Message frequency will vary. TickPick reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TickPick also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TickPick, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. 14. Event Cancellation, Postponement, or Rescheduling; Credits If an event is cancelled and not rescheduled (as determined by TickPick), we will provide a credit or refund, as determined in TickPick's sole discretion (except to the extent a refund is required by law) for the amount paid for the tickets, processing fees, and shipping charges. Tickets must be returned via express mail service or other traceable mail service in order to obtain a credit or refund. The express mail service is at the customer's expense; TickPick will not provide return service postage. If any event or ticket(s) is cancelled by the organizers of the event, TickPick has no obligation to credit or refund incidental expenses that you have incurred relating to your plans to attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or rental car costs. TickPick assumes no responsibility for the actions of any event organizing body when an event or ticket(s) is cancelled. If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be reissued for most rescheduled or postponed events. Credits, refunds or exchanges will not be made for postponed or rescheduled events. TickPick is not responsible for incidental expenses related to a rescheduled event. If, for reasons of maintaining social distancing or other safety reasons related to the covid19 pandemic, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, TickPick, at its sole discretion, reserves the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that TickPick deems an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above. TickPick is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. No credits or refunds will be issued under such circumstances. 15. General Seller Policies As a Seller, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Seller Comments area of ticket listings. Sellers agree that you will provide all information that a Buyer may deem relevant and if it is not disclosed appropriately sellers may be penalized. Sellers agree not to list, sell, or buy any adult materials, obscene materials, or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so. TickPick prohibits the use of its Site for any unlawful conduct. All users must comply with all local, state, federal, and international laws, ordinances, and regulations. By using this Site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to copy, modify, or distribute any content from the Site, including TickPick's copyrights and trademarks, and/or link to the Site without TickPick's prior written permission. TickPick reserves the right to prohibit Registered Users from posting tickets at TickPick if they are not able to provide the exact tickets that were posted at TickPick. If you, at any time, fail to deliver the tickets you have listed or deliver invalid, fraudulent, or misrepresented tickets, TickPick reserves the right to cancel the order, return the tickets to you, and hold you liable for any and all charges we incur to satisfy the Buyer under the terms of BuyerTrust Guarantee. These charges may include, but are not limited to, cost of replacement tickets, coupons, gift certificates and credits and refunds to the Buyer. If TickPick is owed money, we may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. TickPick, or the collection agency it retains, may report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information TickPick reported to a credit bureau, please contact TickPick. If you wish to dispute the information a collection agency reported, contact the collection agency directly. TickPick is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, or any NBA, NFL, MLB, or NHL team. All product and company names that can be seen herein are trademarks or registered trademarks of their respective holders, and are not otherwise associated with TickPick. 16. Taxes If any Services, or payments for any Services or tickets, under the Terms are subject to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify TickPick for any liability, penalties, interest or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that TickPick is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You further agree to make all payments of fees to TickPick free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to TickPick will be your sole responsibility, and you will provide TickPick 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. 17. Third Party Payment Provider TickPick uses Braintree for payment processing services. By using the Braintree (a division of PayPal, Inc.) payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells. 18. Ownership The site, including all site software, databases, trademarks, logos, service marks, proprietary information, and materials (and any intellectual property and other rights relating thereto) ("TickPick Property"), is owned by TickPick and will remain the property of TickPick. User further acknowledges that User does not acquire any ownership rights by using the site. User may not use any TickPick Property in connection with any product or service that is not offered by TickPick, in any manner that is likely to cause confusion with TickPick's business, or in any manner that disparages TickPick. Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any TickPick Property without the express written permission of TickPick. You agree that submission of any ideas, suggestions, documents, and/or proposals to TickPick through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that TickPick has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TickPick 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, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of TickPick Properties. 19. Indemnification User agrees to indemnify, defend, and hold TickPick, its parents affiliates, licensors, suppliers, advertisers, and sponsors, and their respective employees, consultants, agents, and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) User's breach of any of these terms and conditions; (b) any allegation that any information User submits or transmits to the Site infringes on or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order, or decree or any dispute concerning the tax status of TickPick; (d) User's activities in connection with the use of this Site; (e) your violation of any rights of another party, including any end users of the Services; (f) your violation of any applicable laws, rules or regulations; and/or (g) any disputes or claims between you and any other User. TickPick 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 TickPick in asserting any available defenses. 20. Site Changes and Availability TickPick reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. TickPick performs regularly scheduled maintenance and while we do our best to avoid customer impact, the Site or our Services may be unavailable during these maintenance periods. 21. International Users TickPick can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that TickPick intends to announce such Services in your country. TickPick's marketplace is controlled and offered by TickPick from its facilities in the United States of America. TickPick makes no representations that TickPick is appropriate or available for use in other locations. Those who access or use TickPick from other countries do so at their own volition and are responsible for compliance with local law. 22. Disclaimers and Limitations on Liability No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TICKPICK DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. TICKPICK DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. TICKPICK IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. No Liability for Conduct of Third Parties: YOU ACKNOWLEDGE AND AGREE THAT TICKPICK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TICKPICK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. No Liability for Conduct of Other Users: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF TICKPICK PROPERTIES. YOU UNDERSTAND THAT TICKPICK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF TICKPICK PROPERTIES. ANY TICKETS PURCHASED OR SOLD THROUGH TICKPICK PROPERTIES ARE AT YOUR OWN RISK, AND TICKPICK MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY TICKET IS VALID, THAT ANY BUYER WILL PAY FOR A TICKET, THAT ANY SELLER WILL SELL A VALID TICKET, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION. Limitation of Liability: NEITHER TICKPICK NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE, OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TICKPICK AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TICKPICK; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VI) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VII) ANY LOST, STOLEN, OR DAMAGED TICKETS AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Cap on Liability. UNDER NO CIRCUMSTANCES WILL TICKPICK PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO TICKPICK BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TICKPICK PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A TICKPICK PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A TICKPICK PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. User Information. EXCEPT FOR TICKPICK'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN TICKPICK'S PRIVACY POLICY, TICKPICK ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TICKPICK AND YOU. 23. Dispute Resolution Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with TickPick and limits the manner in which you can seek relief from us. 22.1 Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the TickPick, to any products sold or distributed through the TickPick, or to any aspect of your relationship with TickPick, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or TickPick may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Arbitration Agreement or any prior version of this Agreement.
22.2 Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, TickPick will pay them for you. In addition, TickPick will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
22.3 Authority of Arbitrator: The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TickPick. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
22.4 Waiver of Jury Trial: YOU AND TickPick HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TickPick are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
22.5 Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND 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 of this subsection's limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in New York, New York. All other claims shall be arbitrated.
22.6 30-Day Right to Opt Out: 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: TickPick, 225 W 34TH ST, STE 1708, New York, NY 10122, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your TickPick username (if any), the email address you used to set up your TickPick account (if you have one), 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 this Agreement will 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.
22.7 Severability: Except as provided in subsection 22.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
22.8 Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with TickPick.
22.9 Modification: Notwithstanding any provision in this Agreement to the contrary, we agree that if TickPick 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 TickPick at the following address: TickPick, 225 W 34TH ST, STE 1708, New York, NY 10122.
24. User Content TickPick allows you to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Site ("User Content"). By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content. If you submit User Content to the Site, you grant TickPick a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with the Agreement. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights. Following termination or deactivation of your account, or if you remove any User Content from TickPick, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Statements, opinions and reviews posted by participants on the Site may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings. You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and the Agreement or, if the person is a minor, the written permission of the minor's parent or legal guardian. We will have the right (but not the obligation) to monitor the Site and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. If we are notified that your User Content does not comply with the Agreement, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint. 25. Claims of Copyright Infringement on the Site It is TickPick's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, TickPick will respond expeditiously to claims of copyright infringement committed using the the Site that are reported to TickPick's Designated Copyright Agent, identified below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to TickPick's Designated Copyright Agent. Upon receipt of the Notice as described below, TickPick will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. If TickPick removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. TickPick may also send a complete copy of the Notice to users where appropriate. You can submit a Notice by sending the following information to our Designated Copyright Agent: 1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
If the work you identified is an image, you can ask TickPick to remove all copies of the image identified in your request by clearly specifying in the beginning of your email that you are requesting that TickPick "remove all User Content containing the image". Please note that only identical copies of the image file can be removed by this function. If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function. Deliver this Notice, with all items completed, to TickPick's Designated Copyright Agent: TickPick Copyright Agent
225 W 34TH ST, STE 1708
New York, NY 10122
Telephone +1 845-538-4567
Email: [email protected]
Note: This email address should only be used for copyright complaints. If you need to contact TickPick for any other reason, please email us at [email protected] If you receive a notification that your User Content has been removed due a copyright complaint, it means that the User Content has been deleted from TickPick at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, contact us at [email protected] and we will provide you with this information (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to submit User Content on TickPick, and your account may be disabled completely. If you believe User Content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account's record. Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim. How to File a Counter-Notice: • Email your counter-notice to [email protected]
• Include all of the following:
• Your name, address, and telephone number.
• DMCA ID printed on the notification email.
• The source address of the content that was removed (copy and paste the link in the notification email).
• A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TickPick may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.
• A physical or electronic signature (for example, typing your full name).
26. ADA Terms & Conditions Tickets for accessible seats (i.e., seats to accommodate wheelchairs and companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a ticket for an accessible seat, you represent and warrant that either you and/or one or more of your companions require the accessible seat features. TickPick reserves the right to investigate and/or cancel orders if there is any suspected misuse of accessible seating and take legal action against individuals who fraudulently purchase tickets for accessible seats. In addition the venue where the event will take place may redirect you and your party to non-accessible seats if you do not require such accommodations. Clicking on the 'Continue to Checkout' button, 'Continue' button, or otherwise purchasing accessible seats shall certify your assent to these terms. 27. Miscellaneous This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. 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. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TickPick, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each section of this Agreement is for reference purposes only and in no way defines, limits, construes, or describes the scope or extent of such section. TickPick shall not be in breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its obligations by reason of any cause beyond TickPick’s reasonable control, including, without limitation, acts of nature, war, natural disaster, governmental regulations or any executive, administrative or judicial order, terrorism, communication or utility failures or casualties, the failures or acts of third parties, fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or communications system, or any other similar cause.
Effective Date: July 23, 2020 Last Updated: July 23, 2020 TickPick, LLC (referred to herein as “TickPick”, “we”, “our”, or “us”) and its affiliates recognizes the importance of protecting the personal information we may collect from customers, users, visitors and any other individual or entity (“Users”, “you”, or “your”). This Privacy Policy applies to data collection and privacy practices of TickPick and when we collect personal information through your use of the website, www.TickPick.com, the mobile application, and other TickPick-related sites, software and mobile applications accessible on or by any top-level TickPick domain owned by us (each, a “Site” and collectively the “Sites”), through our social media pages that we control, through email messages that we may send to you, and when you purchase a ticket(s) (collectively, the “Services”). Please note that this Privacy Policy excludes services that state that they are offered under a different privacy policy. Specifically, our Privacy Policy covers the following topics:
  1. When This Privacy Policy Applies
  2. Website Terms of Use
  3. Information We Collect
  4. Information Collected Related to California Residents
  5. How We Use Information We Collect
  6. Our Legal Basis for Collecting Personal Information
  7. Cookies and Similar Technologies
  8. Your Failure to Provide Personal Information
  9. Our Retention of Your Personal Information
  10. Sharing Personal Information
  11. Sale of Personal Information
  12. Your Privacy Choices
    1. Privacy Rights Specific to Californians
    2. Rights Specific to European Union Residents
  13. Our Opt-in/Opt-out Policy
  14. Third Party Links
  15. International Transfer
  16. How We Protect Personal Information
  17. Children
  18. Direct Marketing and “Do Not Track” Signals
  19. Changes to this Privacy Policy
  20. How to Contact Us
Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites. For certain Services offered by TickPick, you must be at least 18 years old. If you are a legal resident of the state of Washington, you may not use certain Services. If you have any questions or comments about this Privacy Policy, please submit a request to [email protected] When This Privacy Policy Applies Our Privacy Policy applies to all of the Services offered by TickPick, including its subsidiaries and its affiliates, to our users and other individuals who use our Services or use our Sites. Our Privacy Policy is intended to describe our data collection practices globally and applies unless there is a specific country privacy policy which applies to you. However, because the data protection and privacy laws in some jurisdictions where our hotels and Services are located may restrict our data collection and processing practices, our practices may be more restrictive subject to local laws. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Sites or Services. For example, this Privacy Policy does not apply to our processing of your Personal Information on behalf of third parties such as companies that offer packaged travel arrangements. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads. Website Terms of Use By accessing or using the Sites in any manner, you also agree to be bound by TickPick’s User Agreement or the User Agreement of any related services (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites. Information We Collect We collect information, including personal information, to provide better Services to all our users and visitors. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, information about your device, and certain metadata. The Personal Information which we collect includes, but is not limited to, the following circumstances and data elements: If you provide us or our service providers with any Personal Information relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Policy. If you believe that your Personal Information has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Information, please contact us by using the information set out in the “How to Contact Us” section below. Information Collected Related to California Residents During the last twelve (12) months, we have collected the following categories of Personal Information from consumers.
Category Type of Identifiers We Collect Collected
Identifiers. First and last name, postal address, unique personal identifier, online identifier, date of birth, Internet Protocol address, email address, account name. YES
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, address, telephone number, driver’s license or state identification card number, credit card number, debit card number, or any other financial information. YES
Protected classification characteristics under California or federal law. Age, race, citizenship, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions). YES
Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
Biometric information. Video imaging. YES
Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
Geolocation data. Physical location or movements. YES
Sensory Data Audio, visual or similar information YES
Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES
We obtain the categories of Personal Information listed above from the following categories of sources: How We Use Personal Information We Collect We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes: We and our service providers may use IP addresses to understand the locations from which our customers, users and visitors are accessing the Services. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with your personal information as Personal Information pursuant to this Privacy Policy. We may use your Personal Information in furtherance of our legitimate interest to provide you with the Services offered by TickPick. We may also use your information to manage our contractual relationship with you or to comply with our legal obligations. To the extent we rely on consent for the processing of your Personal Information, we will seek such consent at the time we collect your personal data. We may also use the Personal Information we obtain about you in other ways for which we provide specific notice at the time of collection. Our Legal Basis for Collecting Personal Information Whenever we collect Personal Information from you, we may do so on the following legal bases:
  1. Your consent to such collection and use;
  2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services or your request for Services;
  3. Our legitimate business interest, including but not limited to the following circumstances where collecting or using Personal Information is necessary for:
    • Intra-organization transfers for administrative purposes;
    • Product development and enhancement, where the processing enables TickPick to enhance, modify, personalize, or otherwise improve our Services and communications for the benefit of our visitors, and to better understand how people interact with our Sites;
    • Fraud detection and prevention;
    • Enhancement of our cybersecurity, including improving the security of our network and information systems; and
    • General business operations and diligence.
Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes. Cookies and Similar Technologies We and our partners use various technologies to collect and store information when you visit one of our Sites or Services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google Analytics, Google Tag Manager, Adjust, Iterable and similar partners. The technologies we use for this automatic data collection may include: Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy. Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Clickstream data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites. Location Data. If you grant us access to your location, TickPick may collect information about your location when you use our Sites and Services. Your location can be determined by: GPS, IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Data you provide to us. Depending on the platform you use to access our mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the mobile application. Your Failure to Provide Personal Information Your provision of Personal Information is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Information, you may not be able to access and use our Services, or parts of our Services. Our Retention of Your Personal Information We use and retain your Personal Information for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). Sharing Personal Information TickPick may disclose your Personal Information to commercial providers for a business purpose, which include verifying your identity when making a payment. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract. In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes: We disclose your Personal Information for a business purpose to the following categories of third parties: We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of TickPick if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. Sale of Personal Information In the preceding twelve (12) months, we have not sold any Personal Information. Your Privacy Choices You may have certain rights relating to your Personal Information, subject to local data protection law. We aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. Our Opt-in/Opt-out Policy By providing an email address on the TickPick Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related educational information. For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be. We currently provide the following opt-out opportunities:
  1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us or a TickPick Partner to unsubscribe from the service.
Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service-related notices. Third Party Links The Sites may contain links to webpages operated by parties other than TickPick. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. TickPick strongly recommends that each User review the third party's terms and policies. International Transfer We may, directly or indirectly through third-party entities around the world, process, store, and transfer the information you provide, including your Personal Information, as described in this Privacy Policy. Specifically, the information and Personal Information that we collect may be transferred to, and stored at, a location outside of your jurisdiction. It may also be processed by staff operating outside of your jurisdiction who work for us or for one of the organizations outlined in this Privacy Policy in connection with the activities outlined in this Privacy Policy. By submitting your information and Personal Information using the Sites, you agree to this transfer, storing or processing. We will take all steps necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. We have put in place commercially reasonable technical and organizational procedures to safeguard the information and Personal Information we collect on the Sites. How We Protect Personal Information TickPick maintains administrative, technical and physical safeguards designed to protect the user's Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information. TickPick collects account information for payment or credit, and TickPick will use the information only to complete the task for which the account information was offered. Children’s Privacy The Site is not intended for use by children. We do not intentionally gather Personal Information about visitors who are under the age of 16 and, on certain Services, under the age of 18. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 (or 18, for certain Services) in the applicable jurisdiction, please contact us at [email protected]. If we learn that we have inadvertently collected the personal information of a child under 16 (or 18, for certain Services), or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible. Direct Marketing and “Do Not Track” Signals TickPick does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies. California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to [email protected] with the subject heading “California Privacy Rights,” or (b) a letter addressed to TickPick, Attention: Privacy Inquiry, 225 W 34th Street #1708, New York, New York 10122 U.S.A. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph. Privacy Policy Modifications Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. How to Contact Us If you have any questions, comments or concerns about this Privacy Policy, or if you would like to exercise the choices discussed above, please contact us: Via e-mail: [email protected] By writing to us: TickPick, LLC Attn: Privacy Policy Inquiry 225 W 34th Street #1708 New York, New York 10122 U.S.A.
TickPick Last Updated on December 31, 2019 The policy of TickPick, LLC (“TickPick”) is to be transparent and open to its users about its privacy-related practices. This policy provides detailed information about how and when we use cookies. This Cookie Policy explains these technologies and, where applicable, how you can choose to control them. This Cookie Policy is part of our more comprehensive Privacy Policy and is a legally binding agreement between TickPick and you as a user of our Sites. We may change this Cookie Policy at any time and will post a notice of such changes on our Sites. Please check back to review any updates to this Cookie Policy. The last modified date at the top of this page indicates when this Cookie Policy was last revised. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the Sites. 1. Does TickPick use Cookies? Yes. As described in our Privacy Policy, we use cookies and other technologies to ensure everyone who uses our Site has the best possible experience. By checking the “Agree and Proceed” button on our cookie pop-up notice on our Sites, or clicking to close the cookie pop-up notice on our Sites, you agree that you have affirmatively consented to and opted-in to our use of cookies as described in this Cookie Policy. Further, by using the Sites, you agree that we can use these technologies as described in this Cookie Policy. We hope that this Cookie Policy helps you understand our use of cookies and other tracking technologies. If you have any further questions regarding this Cookie Policy or requests, please contact us at our contact information provided below in Section 8. 2. What is a Cookie? A cookie is a small file placed onto your device from our servers. They are widely used in order to make websites and cloud-based services work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website or cloud-based service more convenient (e.g., by allowing you to enter a password less frequently or remembering your user preferences). Taken alone, cookies do not personally identify you – rather, they merely recognize your Web browser. Unless you choose to identify yourself to TickPick, such as filling out a web form or you have previously identified yourself to us, you remain anonymous. 3. What Cookies do we use? We use different types of cookies on our Sites to make your interaction with our Sites easy and meaningful – strictly necessary cookies, functionality cookies, analytics cookies, and advertising cookies. The Sites may include first-party cookies (i.e., cookies that send data directly to TickPick and agents and contractors acting on our behalf , including cookies used to monitor, analyze, and administer the Sites) and third-party cookies (i.e., cookies that send data to our contractors for their commercial use). We use cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. You can control the use of cookies at the individual browser level (see Section 5 below for instructions on how to do so), but note that if you choose to disable cookies, it may limit your use of certain features or functions on our services and websites. Below we describe the different types of cookies we may use on the Sites and our purpose for using them. You have the ability to opt out and limit which cookies apply to your use of our Sites – more information on how to change your browser’s cookie settings are provided in Section 5 below. 3.1 Strictly Necessary Cookies Some cookies are essential to the operation of our services on the Sites. They are used to facilitate our log-in process, authenticate users, and enable you to navigate the Sites and to use their features. They are also used by our customer service team for in product messaging and analytics. Without these cookies, we may not be able to provide certain services or features, and the Sites may not perform as smoothly for you as we would like. Because strictly necessary cookies are essential to operate our services on the Sites, if you choose to use a product on our Sites, there is no option to opt out of these cookies. 3.2 Functionality Cookies In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make while browsing on the Sites, and to provide enhanced and more personalized content and features, such as customizing a certain webpage or application page, remembering if we have asked you to participate in a promotion and for other services you request, like watching a video or commenting on a blog. In order to permit your connection to the Sites, our servers receive and record information about your computer and browser, potentially including your IP address, browser type, and other software or hardware information. All of these features help us to improve your visit and assist in navigation of the Sites’ features. To manage the use of functionality cookies on our Sites, or to opt out of their use, follow the instructions in Section 5 of this Cookie Policy. Note that opting out may impact the functionality you receive when using our Sites. 3.3 Analytics Cookies We and our service providers may use analytics cookies, which are sometimes called performance cookies, to collect information about your use of the Sites and enable us to improve the way they work. Analytics cookies collect information about how you use the Sites, for instance, which pages you go to most. The information allows us to see the overall patterns of usage, help us record any difficulties users may have while using the Sites and show us whether or not our advertising is effective. To manage the use of analytics cookies on our Sites, or to opt out of their use, follow the instructions in Section 5 of this Cookie Policy. Note that opting out may impact the functionality you receive when using our Sites. 3.4 Advertising Cookies We may also use cookies and similar tools to correlate your use of the Sites to personal information obtained about you. For example, if you have asked us to provide you information about our upcoming campaigns, our services or any promotions, we may utilize our cookie and/or clickstream data about your activities when you engage with us on the Sites. By evaluating this information, we may more clearly target the information we provide you to the specific items we think you will find interesting, based on your prior online activities and preferences. We also use third party advertising cookies. We and our service providers may use advertising cookies to deliver ads that we believe are more relevant to you and your interests. To manage the use of advertising cookies on our Sites, or to opt out of their use, follow the instructions in Section 5 of this Cookie Policy. Note that opting out may impact the functionality you receive when using our Sites. 4. Does TickPick use Cookies? In some circumstances, we may work with third parties to provide services on our Sites. For example, we use analytics services supported by third party companies who generate analytics cookies on our behalf. We may not have access to these cookies, although we may use statistical information arising from the cookies provided by these third parties to customize content and for the other purposes described above. These companies may also transfer this information to other parties where required to do so by law, or where such other parties process the information on their behalf We may not control these third-party cookies and their use may be governed by the privacy policies of the third parties employing these cookies. To learn about these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website and privacy policy.
Third Party Description
Google Analytics Google Analytics is an ad management and ad serving technology. Google Analytics places cookies on the TickPick Sites so that TickPick can record how many signups and leads originated from its marketing activity.

For information on how to reject or delete this cookie, please visit:
www.tools.google.com/dlpage/gaoptout
Google Tag Manager Google Tag Manager is a tag management system (TMS) that allows you to quickly and easily update measurement codes and related code fragments collectively known as tags on your website or mobile app. TickPick uses Google Tag Manager for programmatic.

For more information on Google’s cookie practices, please visit:
www.policies.google.com/privacy?hl=en
Facebook Facebook is used by TickPick for advertising, display ads and retargeting.

For more information on Facebook’s cookie practices, please visit:
www.facebook.com/policies/cookies/
Forter Forter is used by TickPick for fraud prevention. It analyzes customer interactions to make decisions.

For information on Forter’s cookie policy, please visit:
www.forter.com/service-privacy-policy/
Rokt Rokt is used by TickPick to keep users engaged through the actions they take.

For information on Rokt's cookie policy, please visit:
www.rokt.com/privacy-policy/
Impact Impact is used by TickPick to analyze attribution and conversion.

For information on Impact’s cookie policy, please visit:
www.impact.com/privacy-policy/
Iterable Iterable provides cross-channel campaign management to TickPick to keep users engaged.

For information on Iterable’s cookie policy, please visit:
www.iterable.com/trust/privacy-policy/
You can also learn more about controlling cookies in Section 5 below. 5. How you can Control Cookies on our Sites If you want to control the cookies that are placed on your computer or other device, you could view cookies stored on your hard drive, choose whether or not to permit cookies to be set by default by changing browser settings as provided in this Section, or delete the cookies stored on your hard drive. Please be aware, however, that your decision to control cookies may affect your experience of our Sites – you may not be able to access all or parts of those Sites. Turning cookies off, for instance, will prevent you from registering for, signing in to, and using many of the services on our Sites. The main Web browsers allow you to change your cookie settings directly through their sites. These settings will typically be found in the ‘options’ or ‘preferences’ menu of your browser. In order to understand these settings, the following links may be helpful; otherwise you should use the ‘Help’ option in your browser for more details.
Browser Link to Change Cookie Settings
Chrome www.support.google.com/chrome/bin/answer.py
Internet Explorer www.support.microsoft.com/kb/196955
Safari www.docs.info.apple.com/article.html
Firefox www.support.mozilla.org/en-US/kb/Cookies
Flash www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118
For information on how to use the browser of your mobile device to amend cookie settings, you will need to refer to your mobile device manual. The following third party links contain additional information about cookies and other helpful information on your ability to control what cookies apply to you. Please note, however, that these links will take you to third party sites over which TickPick has no control:
Link to Site Description
www.allaboutcookies.org/manage-cookies/index.html offers comprehensive information on how to amend the settings of a wide variety of browsers, details on how to delete cookies from your computer, and more general information about cookies
www.aboutcookies.org offers comprehensive information on how to amend the settings of a wide variety of browsers, details on how to delete cookies from your computer, and more general information about cookies
www.youronlinechoices.com/uk offers information about third party cookies generated by advertisers and how you can turn these off by going to the Internet Advertising Bureau's (“IAB”) consumer site
www.networkadvertising.org offers a comprehensive listing of opt-outs for advertising platforms, however, note that there are many more networks listed on this site than those used by us at TickPick.
6. 'Do Not Track' Signals "Do Not Track" is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (“FTC”), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The Sites do not accept or process such Do Not Track signals or similar mechanisms. 7. Our Privacy Policy This Cookie Policy only contains information about TickPick’s use of cookies. Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our users. 8. Contact Us If you have any comments or questions about our Sites, including our use of cookies, please contact us at [email protected] or write to us at TickPick, LLC, Attn: Privacy Inquiry, 225 W 34th Street #1708, New York, New York 10122 U.S.A.
California Consumer Privacy Act Privacy Notice This Privacy Notice for California residents serves to inform California residents regarding the information that TickPick, LLC (collectively, “TickPick,” “we,” “us,” or “our”) collects and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). This Privacy Notice applies to data collection by TickPick and shall apply to your use of the website, www.TickPick.com and other TickPick-related sites, applications, software, communications, capabilities and services (“Services”) accessible on or by any top-level TickPick domain owned by us (each, a “Site” and collectively the “Sites”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice. Information We Collect We have collected the following categories of personal information from consumers within the last twelve (12) months:
Category Type of Identifiers We Collect
Identifiers. First and last name, postal address, unique personal identifier, online identifier, date of birth, Internet Protocol address, email address, account name.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, address, telephone number, driver’s license or state identification card number, credit card number, debit card number, or any other financial information.
Protected classification characteristics under California or federal law. Age, race, citizenship, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions).
Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information. Video imaging.
Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation data. Physical location or movements.
Sensory data. Audio, visual or similar information.
Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
How We Use Information We Collect We use your personal data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
Category The Purpose for Collection
Identifiers.
  1. To present, operate or improve the Site and Services, including analysis of Site activity;
  2. To inform you about Services and products available from TickPick;
  3. To authorize access to our Sites and Services;
  4. To validate your identity or verify communications from you;
  5. To offer and administer programs;
  6. To customize or tailor your experience of the Services;
  7. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  8. To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
  9. For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  10. To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  11. To respond to and support users regarding their use of the Sites and Services;
  12. To process applications for employment that you submit through the Sites;
  13. To administer general recordkeeping;
  14. To comply with all applicable legal requirements;
  15. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our guests or visitors.
  16. For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  1. To present, operate or improve the Site and Services, including analysis of Site activity;
  2. To inform you about Services and products available from TickPick;
  3. To authorize access to our Sites and Services;
  4. To validate your identity or verify communications from you;
  5. To offer and administer programs;
  6. To customize or tailor your experience of the Services;
  7. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  8. To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
  9. For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  10. To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  11. To respond to and support users regarding their use of the Sites and Services;
  12. To process applications for employment that you submit through the Sites;
  13. To administer general recordkeeping;
  14. To comply with all applicable legal requirements;
  15. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our guests or visitors.
  16. For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
Protected classification characteristics under California or federal law.
  1. To inform you about products and services available from TickPick.
  2. To authorize access to our Sites and Services.
  3. To provide you with products and Services.
  4. To offer and administer programs.
  5. To administer content, promotion, survey or other Site features.
  6. To communicate about, and administer your participation in, special programs, online campaigns, online programs, and to deliver pertinent emails.
  7. To improve our customer service.
  8. To respond to and support users regarding their use of the Sites and Services.
  9. To comply with all applicable legal requirements.
  10. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users.
Commercial information.
  1. To provide you with Services.
  2. To offer and administer programs.
  3. To comply with all applicable legal requirements.
  4. To facilitate registration or access or otherwise onboard a consumer as part of a new customer relationship.
  5. To respond to customer service inquiries initiated by the consumer.
  6. To improve products and services.
Biometric Information.
  1. To provide you with Services.
  2. To offer and administer programs.
Internet or other similar network activity.
  1. To authorize access to our Sites and Services.
  2. To provide you with Services.
  3. To offer and administer programs.
  4. To administer content, promotion, survey or other Site features.
  5. To improve our customer service.
  6. To respond to and support users regarding their use of the Sites and Services.
Geolocation Data.
  1. To deliver relevant website content and advertisements to you.
Sensory Data.
  1. To provide you with Services.
  2. To offer and administer programs.
Inferences drawn from other personal information.
  1. To provide you with Services.
  2. To offer and administer programs.
  3. To administer content, promotion, survey or other Site features.
  4. To communicate about, and administer your participation in, special programs, online campaigns, online programs, and to deliver pertinent emails.
  5. To improve our customer service.
  6. To respond to and support users regarding their use of the Sites and Services.
For more information on our privacy practices, please review our Privacy Policy. If you have any specific questions regarding this Privacy Notice, you can contact us via email or by writing to us at the address below: Via e-mail: [email protected] By writing to us: TickPick, LLC Attn: Privacy Policy Inquiry 225 W 34th Street #1708 New York, New York 10122 U.S.A.
Tickpick, LLC is committed to diversity, inclusion, and meeting the needs of all of our customers, including those with disabilities. We are continually improving our website to comply with the accessibility guidelines in WCAG 2.0 AA. Further accessibility efforts are under way and we continue to update our website to improve accessibility. In the meantime, if the format of any material on our web pages interferes with your ability to access the information, please contact us to request assistance or if you have questions or comments about our web site's accessibility. Please call 845-538-4567 or submit an inquiry here.