Last Updated on May 6, 2019
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.
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 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.
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 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 BuyerTrust 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 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 full 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]
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 accurrate 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) Speculative tickets (c) Stolen tickets (d) Nontransferable "paperless tickets,"" "flash seats," and "will call only" tickets (transferable "paperless tickets," "flash seats," and "will call only" tickets may be sold) (e) 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
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.
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.
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, 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.
13. Event Cancellation, Postponement, or Rescheduling
If an event is cancelled for any reason other than an act of nature (e.g. rained out, earthquake, flood, etc.), strikes, or lockout, and not rescheduled, we will provide a full refund for the amount paid for the tickets and processing fees. Shipping charges are non-refundable. Call our office for detailed instructions on how to obtain a refund if you do not hear from TickPick first. Upon receiving TickPick's cancellation notification, you will have 15 business days to return the tickets to the address provided. Tickets must be returned via express mail service or other traceable mail service in order to obtain a 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 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. Refunds or exchanges will not be made for postponed or rescheduled events. TickPick is not responsible for incidental expenses related to a rescheduled event.
TickPick is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. No refunds will be issued under such circumstances.
14. General 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 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.
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.
16. 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.
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.
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.
19. 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.
20. 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.
21. 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.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TICKPICK AND YOU.
22. 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.
23. 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.
24. 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).
25. 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.
26. Entire Agreement
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.