PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
1. Basic Terms
You are responsible for your use of the Services, and for any consequences thereof. TicketFire cannot be held responsible for any denied entries or negative recourse due to the use of our software. You may use the Services only if you can form a binding contract with TicketFire and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only use the Services under the direct consent and supervision of your parent or legal guardian. Anyone under 13 years of age may not use or access the Services for any reason. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services are not available to any Users previously removed from the Services by TicketFire.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, TicketFire may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Services.
3. Your Ticket Fire Account and Passwords
In registering an account on the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TicketFire has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TicketFire has the right to suspend or terminate your Account and refuse any and all current or future use of TicketFire (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself (and you agree that violation of the foregoing will result in a fee of not less than $50,000). You agree that you shall not have more than one Account per platform or SNS at any given time. TicketFire reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use TicketFire if you have been previously removed by TicketFire, or if you have been previously banned from any of the TicketFire Services.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account and with other accounts that you may connect to your TicketFire account. TicketFire cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may not share your Account or password with anyone, and you agree
to (1) notify TicketFire immediately of any unauthorized use of your
password or any other breach of security; and (2) exit from your
Account at the end of each session.
By connecting to the Services with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
4. Intellectual Property Rights and Use Guidelines
TicketFire, the Services and its entire content, features, functionality and design are owned by TicketFire and all right, title, and interest in and to the Services are and will remain the exclusive property of TicketFire and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. TicketFire reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding TicketFire, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish, any of our copyrighted material, except to the extent permitted by TicketFire itself. If you have doubts about whether and how to make use of material on TicketFire, please address your concerns to: firstname.lastname@example.org
You are permitted to use TicketFire for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, or hacking TicketFire in any manner. Any use of TicketFire not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
5. Ticket Purchase Terms and Conditions
A. Ticket Prices. Sellers set the Ticket prices/value (the “Ticket Price”) and the Ticket Prices may exceed the face value of the Ticket. Unless otherwise noted on a Ticket, on the listing, or on a confirmation page or email, Tickets may be transferable, even if another person’s name appears on the face of the Ticket. Some Sellers may offer Tickets for sale, even though they may not have them in their possession at the time of their listing or completion of sale. In that case, it is still expected that all Sellers will have the Tickets delivered to you well in advance of the Event.
B. Buyer Confidence.
We want Buyers to be able to buy Ticket(s) with confidence. As such, with every qualified order, TicketFire works to ensure: (i) Buyers will receive their Tickets by the date communicated to them at the time they placed their order; (ii) the Ticket(s) purchased will be valid and honored by the applicable venue/event; and (iii) the Ticket(s) will be the same as those you ordered (collectively “Ticket Validity”).
6. Content On the Services
All Content is the sole responsibility of the person who originated such Content. We may, but are not required to, monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TicketFire be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may offer you the opportunity to invite your friends or contacts to enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You can edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to TicketFire that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
7. Your Rights
You retain your rights to any Content you submit or post or display on or through the Services. In order to make the Services available to you and other users, TicketFire needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for TicketFire to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with TicketFire for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by TicketFire, or other companies, organizations or individuals who partner with TicketFire, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. TicketFire will not be responsible or liable for any use of your Content by TicketFire in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
8. Restrictions On Content and Use Of The Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post Content that:
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TicketFire’s computer systems, or the technical delivery systems of TicketFire providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TicketFire (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TicketFire (NOTE: scraping the Services without the prior consent of TicketFire is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
TicketFire respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, TicketFire will also terminate a user’s account if the user is determined to be a repeat infringer.
10. Ending these Terms
The Terms will continue to apply until terminated by either you or TicketFire as follows.
You may end your legal agreement with TicketFire at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at email@example.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. TicketFire shall not be liable to you or any third party for any termination of your Account. Nothing in this section shall affect TicketFire’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
11. Disclaimer of Warranties, Limitations of Liability and Indemnification
Please read this section carefully since it limits the liability of TicketFire and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “TicketFire Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TICKETFIRE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TicketFire Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TicketFire Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TicketFire Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Any individual using a TicketMaster, AXS, TicketFly, or Live Nation ticket, must also abide by the following terms and conditions:
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TICKETFIRE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TICKETFIRE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TICKETFIRE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TICKETFIRE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the TicketFire Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) the failure of you or your employees or agents to comply with the Terms and (2) any activity in which you or your employees or agents engage on or through the Services.
E. Waiver of Billing Disputes
You must notify us 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: firstname.lastname@example.org.
12. Dispute Resolution and Choice of Law
A. Agreement to Arbitrate
You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with TicketFire, 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 TicketFire 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). You expressly agree to dismiss with prejudice any claim subject to this Arbitration Provision that you bring in any state or federal court.
B. Arbitration Procedure
A party who intends to seek arbitration must first send to the other party, by certified mail, a completed form Notice of Dispute. You may download a form Notice. Notice to TicketFire should be sent to TicketFire Customer Service Re: TicketFire Notice of Dispute,1275 Kinnear Road, Columbus, OH 43212. TicketFire will send any Notice to you to the physical address we have on file associated with your TicketFire account.
In the event a that the dispute cannot be settled amicably by agreement of the parties within 30 days of receiving Notice, the dispute shall be finally settled in accordance with the commercial arbitration rules of the American Arbitration Association then in force, by one or more arbitrators appointed in accordance with said rules. If the value of the relief sought is $10,000 or less, you are required to pay all filing, administration, and arbitrator fees associated with the arbitration.
The place of arbitration shall be Columbus, Ohio.
Any award rendered shall be final and binding and the award may be entered in any court of competent jurisdiction.
C. Choice of Law
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed according to the laws of the State of Ohio.
D. Waiver of Jury Trial.
YOU AND TICKETFIRE 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 TicketFire are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified elsewhere in this Agreement. 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.
E. 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, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Columbus, Ohio. All other claims shall be arbitrated.
G. 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: TicketFire Legal Department, 1275 Kinnear Road, Columbus,OH 43212, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your TicketFire username (if any), the email address you used to set up your TicketFire 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.
H. Changes to Arbitration Agreement.
In the event TicketFire amends the terms of this Arbitration Provision, the terms of the Arbitration Agreement in effect at the time the claim arise shall govern.
I. International Users
If you reside outside of the United States and a dispute arises between you and TicketFire, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. For the avoidance of doubt, if you are a consumer residing in the European Union, please note that we do not (and are not legally obliged to) participate in any ADR procedures or services, unless otherwise provided by law.
13. General Terms
A. Force Majeure. TicketFire shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
B. Notice. Where TicketFire requires that you provide an e-mail address, you are responsible for providing TicketFire with your current e-mail address. In the event that your email address is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, TicketFire’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TicketFire at the following address: TicketFire Legal Department, 1275 Kinnear Rd, Columbus, OH 43212. Such notice shall be deemed given when received by TicketFire by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
C. Waiver. The failure of TicketFire to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
E. Changes to These Terms. We may revise these Terms from time to time, the most current version will always be at TicketFire Terms of Service . If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at email@example.com
Effective: June 8, 2018