Agreement between User and SeatGeek
SeatGeek.com is owned and operated by SeatGeek, Inc. (“SeatGeek”, “our” or “we”). This Agreement describes the terms and conditions applicable to the services available through this Site, our mobile applications and any other SeatGeek product, service or other offering (collectively, “SeatGeek Offering(s)”). (Third-party products and services, such as tickets we help you locate, may be available via the SeatGeek Offering, but are sold by third-party services with which we have relationships. Items offered via these third-party services may be covered by separate terms and conditions of which we will endeavor in good faith to notify you.) This Agreement describes your responsibilities and, among other things, limits the liability of SeatGeek.
If you do not agree with any part of this Agreement, YOU MUST NOT USE ANY SEATGEEK OFFERING. SeatGeek reserves the right, in its sole discretion, to amend this Agreement at any time, without notice, by posting the amended terms on this Site. We will update the “Last Updated” date at the top of this Agreement. The amended terms shall be effective from and after the date that they are posted on this Site for new users and within fifteen (15) days following posting for current users. Your continued use of the Site or any SeatGeek Offering indicates your acceptance of the changes to this Agreement. If you do not agree to any change(s), you must stop using the SeatGeek Offerings. Otherwise, your continued use of the SeatGeek Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THIS SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT. This Agreement may not otherwise be amended, except in a writing signed by both parties.
THIS AGREEMENT INCLUDES (1) YOUR AGREEMENT THAT SEATGEEK HAS LIMITED LIABILITY REGARDING THE SEATGEEK OFFERINGS; (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY; (3) YOUR CONSENT TO RELEASE SEATGEEK FROM LIABILITY; AND (4) YOUR AGREEMENT TO INDEMNIFY SEATGEEK FOR YOUR USE OF OR INABILITY TO USE THE SEATGEEK OFFERINGS.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THIS AGREEMENT LIMITS THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PART I: General Terms and Conditions
You, the User, acknowledge that all content included on any SeatGeek Offering, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of SeatGeek and/or its third-party licensors or providers, including, without limitation, the sports team(s), band(s), venue(s), and/or other ticket suppliers that provide tickets or other products or services through any SeatGeek Offering (“Providers”). Reproduction or storage of information or works retrieved from any SeatGeek Offering, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Use of the Site and other SeatGeek Offerings. The SeatGeek Offerings and the information and content available on the SeatGeek Offerings are protected by copyright laws throughout the world. Subject to the terms of this Agreement, SeatGeek grants you a limited license to reproduce portions of the SeatGeek Offerings for the sole purpose of using the SeatGeek Offerings for your personal or internal business purposes. Unless otherwise specified by SeatGeek in a separate license, your right to use any SeatGeek Offerings is subject to the terms of this Agreement.
Application License. Subject to your compliance with the terms of this Agreement, SeatGeek grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use copies of SeatGeek’s mobile applications on mobile devices or computers that you own or control and to run such copy(ies) of the application solely for your own personal or internal business purposes.
Certain Restrictions. The rights granted to you under this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any SeatGeek Offering or any portion of any SeatGeek Offering, including the Site, (b) you shall not frame or utilize framing techniques to enclose any Trademark (defined below) or other SeatGeek Offerings (including images, text, page layout or form) of SeatGeek; (c) you shall not use any metatags or other “hidden text” using SeatGeek’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of any SeatGeek Offering except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site or any SeatGeek Offering (except that we may, in our sole discretion, grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or any SeatGeek Offering for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access any SeatGeek Offering in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of any SeatGeek Offering may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any SeatGeek Offering. Any future release, update or other addition to any SeatGeek Offering shall be subject to the terms of this Agreement. SeatGeek, its suppliers and service providers reserve all rights not granted in the terms of this Agreement. Any unauthorized use of any SeatGeek Offering terminates the licenses granted by SeatGeek pursuant to the terms of this Agreement. Corporate Identification and Trademarks
“SeatGeek”, “SeatGeek.com”, and any and all other marks appearing on any SeatGeek Offering are trademarks of SeatGeek in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on any SeatGeek Offering, without SeatGeek’s prior written consent. The use of Trademarks on any other Web site, mobile application or any other product, service or network computer environment is prohibited. SeatGeek reserves to right to prohibit the use of Trademarks as a “hot” link on, or to, any other Web site, mobile application or any other product, service or network computer environment unless establishment of such a link is pre-approved by SeatGeek in writing.
Ownership of SeatGeek Offerings. You agree that SeatGeek and its Providers own all rights, title and interest in the SeatGeek Offerings (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SeatGeek Offerings.
Each SeatGeek Offering is intended for personal, noncommercial use. You may not use robots or other automated means to access any SeatGeek Offering, unless specifically permitted by SeatGeek. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of any SeatGeek Offering. You agree to update your membership information (if applicable) promptly in order to keep it current, complete and accurate.
Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of any SeatGeek Offering for the sole purpose of using such SeatGeek Offering as a shopping resource. Any other use of materials or content on any SeatGeek Offering, including reproduction for a purpose other than that noted above, without SeatGeek’s prior written consent, is prohibited.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SEATGEEK OFFERINGS IS AT YOUR SOLE RISK, AND THE SEATGEEK OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SEATGEEK EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SEATGEEK MAKES NO WARRANTY, REPRESENTATION OR CONDITION: (1) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THE SEATGEEK OFFERINGS, (2) OF THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THE SITE, OR WHERE APPLICABLE AT ANY PARTICIPATING RETAILER, RETAILER WEBSITE OR RETAILER LOCATION (3) THAT YOUR USE OF THE SEATGEEK OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SEATGEEK OFFERINGS WILL BE ACCURATE OR RELIABLE; OR (5) ANY ERRORS IN THE SEATGEEK OFFERINGS WILL BE CORRECTED.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT SEATGEEK IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SEATGEEK LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD- PARTY TICKET SELLERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, or the truth or accuracy of users’ content or listings. We do not transfer legal ownership of items from seller to buyer.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SEATGEEK OFFERINGS. YOU UNDERSTAND THAT SEATGEEK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SEATGEEK OFFERINGS. SEATGEEK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SEATGEEK OFFERINGS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SEATGEEK OFFERINGS.
Limitation of Liability.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SEATGEEK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SEATGEEK OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SEATGEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SEATGEEK OFFERINGS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SEATGEEK OFFERINGS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SEATGEEK OFFERINGS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SEATGEEK OFFERINGS; OR (5) ANY OTHER MATTER RELATED TO THE SEATGEEK OFFERINGS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL SEATGEEK BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY SEATGEEK AS A RESULT OF YOUR USE OF THE SEATGEEK OFFERINGS. IF YOU HAVE NOT PAID SEATGEEK ANY AMOUNTS, SEATGEEK’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEATGEEK AND YOU.
Without limiting the foregoing, SeatGeek accepts no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond SeatGeek’s control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. SeatGeek shall not be responsible for any Provider’s breach of any warranty, including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall SeatGeek be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through any SeatGeek Offering. SeatGeek shall not be responsible for any Provider’s failure to comply with this Agreement or for any Provider’s failure to comply with applicable federal, state, provincial and local law.
Some states, to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to SeatGeek in connection with your use of any SeatGeek Offering (collectively, “Comments”), shall be and remain the exclusive property of SeatGeek and may be used by SeatGeek in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on a SeatGeek Offering and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. SeatGeek is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
If you submit ideas, suggestions, documents, and/or proposals to SeatGeek, you do so voluntarily and with no expectation of confidentiality. By submitting any of the foregoing, you grant us the unrestricted right to use the same, without compensation to you, for any purpose, in any way, in any media now known or in the future and throughout the universe. You understand that SeatGeek may already have something similar to the ideas, suggestions, documents, and/or proposals under consideration or in development.
Termination of Usage
Termination and Suspension. SeatGeek may terminate or suspend your right to use SeatGeek Offerings at any time for any or no reason. SeatGeek will notify you reasonably promptly after taking any such action.
Violations. If SeatGeek becomes aware of any possible violations by you of this Agreement, SeatGeek reserves the right to investigate such violations. If, as a result of the investigation, SeatGeek believes that criminal activity has occurred, SeatGeek reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. SeatGeek is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in SeatGeek Offerings, including your content, in SeatGeek’s possession in connection with your use of SeatGeek Offerings, (1) to comply with applicable laws, legal process or governmental request; (2) to enforce this Agreement, (3) to respond to any claims that your content violates the rights of third parties, (4) to respond to your requests for customer service, or (5) to protect the rights, property or personal safety of SeatGeek, its users or the public, and all enforcement or other government officials, as SeatGeek in its sole discretion believes to be necessary or appropriate.
Breach. In the event that SeatGeek determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for SeatGeek Offerings, SeatGeek reserves the right:
- To warn you via e-mail (to any e-mail address you have provided to SeatGeek) that you have violated this Agreement;
- To delete any content provided by you or your agent(s) to SeatGeek Offerings;
- To discontinue your registration(s) with any of SeatGeek Offerings;
- To notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
- Pursue any other action which SeatGeek deems to be appropriate
No Subsequent Registration. If your registration(s) with or ability to access SeatGeek Offerings, or any other SeatGeek community is discontinued by SeatGeek due to your violation of any portion of this Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access SeatGeek Offerings or any SeatGeek community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those SeatGeek Offerings to which your access has been terminated. In the event that you violate the immediately preceding sentence, SeatGeek reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
If you chose to opt in to receive promotional or information emails from SeatGeek, we will occasionally send advertisements, marketing material or other offers on behalf of other businesses that we think might be of interest to you. This material is sent by SeatGeek, and we do not give the other businesses your name or address. If you do not want to receive these advertisements, marketing material or other offers, you may opt out of these communications.
Release and Covenant Not to Sue
To the fullest extent permitted by law, you release and covenant not to sue SeatGeek, our affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold harmless SeatGeek and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “Indemnitees”) against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by SeatGeek and (if applicable) any Indemnitee resulting from or arising out of your breach of this Agreement, your use of any SeatGeek Offering, and/or your violation of any law or the rights of a third party.
The headings in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to any SeatGeek Offering represent the entire agreement between you and SeatGeek regarding your use of any SeatGeek Offering and supersede any prior statements or representations. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The internal laws of the State of New York shall govern the performance of this Agreement.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any SeatGeek Offering that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This arbitration agreement applies to you and SeatGeek, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of SeatGeek Offerings provided under this Agreement.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SeatGeek should be sent to: SeatGeek Legal Department, Floor 12, 235 Park Avenue South, New York, NY 10003. After the Notice is received, you and SeatGeek may attempt to resolve the claim or dispute informally. If you and SeatGeek do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of New York City. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Time Limits. If you or SeatGeek pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and SeatGeek in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SEATGEEK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Survival of Arbitration Agreement. This arbitration agreement will survive the termination of your relationship with SeatGeek.
Small Claims Court. Notwithstanding the foregoing, either you or SeatGeek may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
Courts. In any circumstances where the foregoing arbitration agreement permits the parties to litigate in court, the parties hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York County, New York, for such purpose.
Release. You hereby release SeatGeek and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the SeatGeek Offerings, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the SeatGeek Offerings. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without SeatGeek’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Limitations Period. YOU AND SEATGEEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SEATGEEK OFFERINGS OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
PART II: The Ticket Marketplace
The SeatGeek Marketplace may permit you to buy or sell tickets to live events. SeatGeek does not own the tickets listed on any SeatGeek Offering nor does it set prices for tickets. Because sellers set ticket prices, the price that you pay may be substantially higher than the face value printed on the tickets.
SeatGeek Offerings Connect Buyers and Sellers. SeatGeek provides a marketplace that allows Users to offer, sell and buy tickets. As a marketplace, we do not own or sell the tickets listed on the SeatGeek Offerings, so the actual contract for sale is directly between the individuals seeking to sell items and individuals seeking to buy items.
SeatGeek Only Provides a Venue. While SeatGeek may provide pricing and guidance in the SeatGeek Offerings, such information is solely informational. We do not take part in the interaction between users.
All prices are listed in U.S. Dollars (USD). Ticket prices are subject to change at any time prior to order confirmation and SeatGeek does not guarantee that you will be able to purchase the tickets for the prices shown on any SeatGeek Offering or that such tickets will be available until order confirmation.
We may charge fees for using any SeatGeek Offering. We will notify you of these charges before you would be responsible for paying them.
Event dates and times
Event dates and times are always subject to change. It is your responsibility to check for any possible changes in date and time. You agree that SeatGeek is not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed.
There are no refunds, exchanges, or cancellations on any ticket request once it is submitted to us. When you place your ticket request, you have committed to the seller that you are buying the tickets. Please order tickets only after you are certain you want them.
Event Cancellations, Postponement, and other Event Changes
Cancellation. If an event is cancelled or a contingent event (e.g., a playoff game) does not occur, we will use commercially reasonable efforts to remove the relevant listings and email you about the cancellation as soon as practicable. The buyer will receive a full refund and the seller will, if he or she received payment, be charged the amount he or she received for the original sale. If a Seller needs his or her tickets to obtain a refund of the original purchase, he or she must reply to SeatGeek’s cancellation email within two weeks of the event cancellation.
Postponement. If an event is postponed and rescheduled, SeatGeek will use commercially reasonable efforts to work with a buyer on a case-by-case basis in an attempt to resolve any ticket issues. Sellers cannot resell, invalidate or change the tickets for the rescheduled event. If a venue requires new tickets for rescheduled events, sellers are expected to deliver the new tickets. SeatGeek reserves the right to cancel orders if new tickets are required. Refunds will not be issued for postponed events (unless they are ultimately cancelled).
Other Event Changes. SeatGeek is not responsible for partial performances, or venue, date, or time changes. No refunds will be issued in these instances.
Pricing tickets is the sole responsibility of, and at the sole discretion of, sellers and must be done in accordance with all applicable laws. Under no circumstances may any seller list speculative tickets (i.e., tickets that the seller does not have the right to sell at the time of listing).
If any of the information in your ticket listing doesn’t accurately reflect the actual tickets you deliver to the buyer, please contact us immediately at firstname.lastname@example.org. Failure to do so may result in delayed or no payment or result in fees for us finding replacement tickets for the buyer.
You are solely responsible for the payment of any applicable taxes resulting from your ticket sales. You agree to provide SeatGeek with any information that we are required to provide to the Internal Revenue Service related to payments you receive from us. You also agree that SeatGeek may release that information to the IRS.
Seller’s Representations and Warranties
Sellers hereby represent and warrant the following:
- the ticket(s) listed by the seller are valid;
- the ticket(s) listed by the seller are in your possession, that you own the ticket(s) and 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 any SeatGeek Offering, you are contractually bound to be able to offer that exact ticket for the specified price;
- the ticket(s) are not speculative. Speculative tickets or “spec tickets” are tickets that are listed for sale or sold before the seller actually owns the tickets. Listing or selling speculative tickets via any SeatGeek Offering is not allowed and may result in account suspension, fees, charges or other consequences;
- the ticket(s) are NOT ‘paperless tickets’, ‘flash seats’, ‘will call only’ tickets. Since these cannot be transferred by our delivery methods, you may not list them for sale on any SeatGeek Offering;
- the ticket(s) are consecutive. All of the seats in your listing must be together;
- the ticket(s) have event access. Tickets that do not have event access (“parking passes”, “pit passes”, “club passes”, “party passes”) are not allowed;
- that you are not violating any venue or event promoter rules at events or violating any applicable third-party terms of service;
- that you are able to form a legally binding contract and that you are at least 18 years of age;
- that you are not using any SeatGeek Offering for unlawful purposes or in an unlawful manner; and
- that you are not misusing any SeatGeek Offering or otherwise negatively impacting our marketplace
By choosing to list your tickets for sale on SeatGeek, you are agreeing to list them exclusively (that is, you will not list them for sale or sell them anywhere else).
Right of Acceptance
In an effort to monitor the integrity of the marketplace, we reserve the right to reject any tickets that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us or our users.
Violations of the Rules
When you violate SeatGeek’s policies, you may face penalties, which could include the following (or any combination):
- the removal of your listings
- order cancellation
- limits to your buying and selling privileges
- additional fees (including the cost of replacement tickets and refunds to the buyer)
- withholding of payments
- temporary or permanent suspension of your account
If SeatGeek receives a claim or otherwise discovers that a ticket you sold through the marketplace is invalid, SeatGeek reserves the right to charge your payment method an amount equal to 20% of the price of the ticket sold to compensate us in order to locate tickets for the buyer. In some cases involving invalid tickets, SeatGeek reserves the right in our sole discretion to charge your payment method the full amount of the replacement tickets costs that SeatGeek incurs to locate tickets for the buyer.
If for any reason you believe you have sold invalid tickets, it is your responsibility to report an issue immediately, no matter how much time has passed since you received your sale notification email. If you believe you have sold invalid tickets, please email email@example.com immediately so that we can work with you to resolve any discrepancies.
Getting paid and paying taxes
SeatGeek uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree 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.
Sellers will be sent payments promptly following the occurrence of the event listed on the ticket.
If you chose to receive payment through Venmo, we will transfer your payment directly to your Venmo account. If you chose to receive payment via your bank account, we will transfer your payment directly to your bank account.
We do not collect taxes on any transactions. However, as a seller, you are responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes in connection with ticket sales.
We are required by the IRS to collect a Tax ID Number (TIN) for sellers with more than 200 transactions and $20,000 USD paid to them by SeatGeek per year. If you are one of these sellers, you will receive specific instructions via email.
State laws on the resale of tickets
When setting the sale price of your tickets, it is your responsibility to comply with all applicable local, state, federal, and international laws, statutes, and regulations.
Certain U.S. states, Canadian provinces, and municipalities have ticket resale regulations. Regulations differ by location and may apply to different aspects of ticket resale. For example, some laws may regulate the resale price, require you to be a licensed reseller or require you to provide certain disclosures. It is your responsibility to check the laws where you reside and where the venue is located. It is also up to you to determine if any of these laws or any other laws apply to you. You should review the laws that are applicable to you to determine if or how the law applies to you or the tickets you are listing for sale.