Terms of Use

Last Updated: August 02, 2022

The following are the terms of use (“Terms”) that govern your use of the Account Manager website (the “Site”), which features advanced ticketing transaction technologies and services (collectively referred to as “Advanced Services”). Some of the Advanced Services are provided by UCF Athletics, and some of the Advanced Services are provided by Ticketmaster (“us” or “we”). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. These Terms shall constitute a valid, binding and enforceable legal agreement among you, UCF Athletics and us. There shall be no oral or implied agreement between you and us, you and UCF Athletics, or you, us and UCF Athletics, that shall be binding or enforceable. By visiting or using the Site, you expressly agree to these Terms, as may be updated from time to time.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Ticketmaster, Live Nation, Event Providers, and their affiliated companies relating to such risks.

Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Purchase Policy

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change. See the Limitation of Liability section in the Terms of Use for additional limits on our liability.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against Ticketmaster, Live Nation, and Event Providers relating to such risks.

Account Registration

You will be required to register for an account to use the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Restrict or inhibit any other person from using the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site users;

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us, UCF Athletics or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Site and its Content as permitted by these Terms only if, as a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of the Site other than the URL assigned to the home page of the Site;
  • “Frame” or “mirror” any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site 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. We may revoke this exception at any time and require removal of archived materials gathered in the past;
  • Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
  • Reproduce or scan tickets in a format or medium different from that provided by the Site;
  • Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
  • You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site;
  • Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us, UCF Athletics or our licensors. You may not use our or UCF Athletics trademarks, logos and service marks in any way without our prior written permission.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

Purchasing Tickets

The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from UCF Athletics. These individuals and businesses are the sellers of the tickets, not us or UCF Athletics. Although we or UCF Athletics may process your payment, or may be the name that you see on your credit card statement, neither we nor UCF Athletics is the seller of the ticket. When you purchase a ticket from a third party via the Advanced Services, the original ticket will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by UCF Athletics.

UCF Athletics may require you to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. We and UCF Athletics make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see UCF Athletics website for further restrictions.

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Seat views displayed on the Site may not be an exact representation.

Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket price paid and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

UCF Athletics reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with UCF Athletics rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. We are not responsible for any delay causing you to arrive late or miss your event for any reason. If our actions result in you missing your event, we will not be liable for more than your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event or for any changes made at the venue including without limitation seating arrangements, stage set-up or venue conditions.

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.

Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

Posting Tickets for Sale

If you use the Advanced Services to sell a ticket, you will be the ticket’s seller, not us or UCF Athletics. We and UCF Athletics are only providing certain services that will facilitate your sale. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws, rules and regulations when listing your tickets on any resale platform owned or controlled by us.

Before posting a ticket for sale via the Advanced Services, please consult the website through which you will be posting your ticket for sale, which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time. We or UCF Athletics will collect funds from the purchaser, and UCF Athletics will transmit to you a credit or payment as described elsewhere in these Terms.

By posting a ticket using the Advanced Services, you authorize us and UCF Athletics, upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). UCF Athletics will be responsible for all payments and credits to you, you will solely hold UCF Athletics responsible for such payment or credit and neither we nor any other person or organization will be liable therefor.

Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as UCF Athletics may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.

You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale via the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.

If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by UCF Athletics, the difference between the amount of payments you collected in connection with such sale and the amount of money that UCF Athletics would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from UCF Athletics but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that UCF Athletics would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by UCF Athletics, all of the payments you collected in connection with such sale, but UCF Athletics will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from UCF Athletics but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but UCF Athletics will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.

The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.

The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.

Sold Tickets

Before we can pay you, we will need to collect your taxpayer information in accordance with applicable laws. Ticketmaster is generally required to file a Form 1099-K report with the IRS if the gross amount of your transactions on our marketplaces is $600 or more in a calendar year. Ticketmaster will generally provide you a copy of the Form 1099-K by January 31 of the following year. Many states may also require Ticketmaster to report when you have made at least $600 in transactions on our marketplaces, although some states may require reporting based on different thresholds. When required, Ticketmaster will generally provide you a copy of any state forms. For more information, please go to our FAQ page 1099-K Form: Answer to Some Common Questions.

Other Purchases and Services

You may be able to access Advanced Services to:

  • purchase or renew season tickets
  • register for season ticket waiting lists
  • purchase rights of refusal for post season event tickets
  • purchase additional suite seats
  • purchase parking
  • purchase ticket packages or single event tickets
  • pay ticket or waiting list deposits
  • engage in other activities

If you elect to engage in any such transaction, then additional terms may apply. Please consult UCF Athletics for additional terms and requirements.

Group Tickets

UCF Athletics may allow a designated person (“Group Manager”) to distribute group tickets. If you are in the group ticket distribution, the Group Manager will send you an email to retrieve print-at-home tickets. You will be responsible for printing out and using your tickets. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. If the Group Manager pays for a ticket, then the Group Manager may cancel ticket distribution at any time, even after you have already retrieved your ticket, in which case you will not be able to use it to attend the event. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket the Group Manager will not be able to cancel it. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by UCF Athletics.

Season Ticket Forwarding

The Advanced Services may permit you to forward your season tickets to another person. You can send an email invitation with a link to transfer your tickets and if the recipient accepts your offer, the tickets will be placed into the recipient’s Ticketmaster account. Once the recipient accepts your offer, you will not be able to cancel the tickets.

Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by us or UCF Athletics. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or UCF Athletics. Such fees are not refundable under any circumstances.

If UCF Athletics offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on UCF Athletics website. You should not assume that you will receive a tax deduction for forwarding tickets to a charity or any documents that can be used to support a tax deduction.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms.

You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. If you violate these Terms, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, each an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and we may exercise any other remedy available to us.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR UCF Athletics, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Indemnification

If anyone brings a claim against us related to your use of the Site or the content, or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, UCF Athletics, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. You may download the forms located at https://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at https://www.jamsadr.com or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or ticketexchange@ticketmaster.com.

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Live Nation Entertainment, Inc.
9348 Civic Center Drive
Beverly Hills, CA 90210
(800) 653-8000

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Terms of Use

 

Your Consent to these Terms, and How these Terms may be Amended

 

You are currently visiting a section of the [Team Name] web site, or reviewing an e-mail, that features advanced ticketing transaction technologies and services (such section of the [Team Name] web site, e-mail, technologies and services, are collectively referred to as the “Advanced Services”). Some of the Advanced Services are provided by the [Team Name], and some of the Advanced Services are provided by Ticketmaster. The following are the “Terms” that govern your use of the Advanced Services. While using the Advanced Services you may see links that, when clicked on, will take you to Internet sites operated by the [Team Name], Ticketmaster or others that are not part of the Advanced Services. Please review the terms of use appearing with those sites and services, as those terms will govern those sites and services instead of these Terms. If there is a conflict between these Terms and any other terms, then these Terms shall govern.

 

By using the Advanced Services, you expressly agree to be bound by and comply with these Terms, and all applicable laws and regulations, and also agree to be bound by any additional non-conflicting terms or conditions on which you have or will agree with Ticketmaster L.L.C. (“Ticketmaster”) or the [Team Name]. These Terms shall constitute a valid, binding and enforceable legal agreement among you, the [Team Name] and Ticketmaster. There shall be no oral or implied agreement between you and Ticketmaster, you and the [Team Name], or you, Ticketmaster and the [Team Name] that shall be binding or enforceable, and all parties agree not to claim that there is.

 

Ticketmaster reserves the right to change these Terms at any time, by posting a link to, or posting, the new Terms where the Advanced Services are provided. Such change shall be effective with respect to you commencing the first time that you visit this web site or otherwise use the Advanced Services after such changed Terms have been posted. Please review the Terms periodically to see whether they have changed.

Code of Conduct

When using this web site (the “Site”) you agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Use the Site for any unlawful purpose;
  • Impersonate any person or entity, whether actual or fictitious, including any Season Ticket Holder or any employee or representative of our company;
  • Harvest or collect information about Site users;
  • Use any area of the Site for any purpose other than the use of the Advanced Services provided on the Site.

Ownership of Content and Grant of Conditional License

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on the Site (collectively, the “Content”) is owned by us or our licensors. We own a copyright in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content to use the Advanced Services as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

  • Do anything to violate the Code of  Conduct;
  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of the Site other than the URL assigned to the home page of our site;
  • “Frame” or “mirror” any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, scrape the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  • Use any automated software application or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site in a way that circumvents, avoids, alters, or affects the design, architecture, or flow of the Site, or of the user experience in utilizing the Site.
  • Reproduce tickets generated by the Advanced Services in a format or medium different from that provided by the Site;
  • Reproduce, modify, display, distribute or create derivative works of the Site, or tickets reproduced from the Site;
  • Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, the rights in, or the reproduction of tickets from the Site in any way including, without limitation, by manual or automatic device or process, for any purpose;
  • Use the trademarks, logos and service movies as displayed on the Site in any way without our permission.  All registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors.

 

Special Terms Applicable to Specific Advanced Services

 

All of these Terms shall apply to the use of each of the Advanced Services. However, also included in these Terms under the heading “Specific Additional Terms Governing Specific Advanced Services” are additional provisions that also govern your use of certain of the Advanced Services.

 

Violations of the Terms

 

If you violate the Terms, you may be prohibited from using the Advanced Services now or in the future, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and appropriate legal actions may be taken against you.

 

Registration; User Names and Passwords

 

You may need to register with the Advanced Services, or receive a username and password, in order to use certain Advanced Services. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all Activities that occur under your username and password, regardless of whether undertaken by you or undertaken by someone who has received your username and password. If the Advanced Services are unable to verify or authenticate any information you provide during any Activity, you may be prohibited from using the Advanced Services.

 

Responsibility for Allowing Others Access to Tickets and E-mail Transmission Errors

 

Many of the Advanced Services use e-mail and web site downloads to deliver electronic tickets which can be printed out, copied, saved and forwarded to others, either physically (i.e., after being printed out) or electronically. Despite the fact that multiple copies and print-outs of the same ticket can be created, only the first copy or print-out that is presented and scanned for admission at a venue will in fact be valid for admission; once that scanning occurs, all other copies and print-outs of that ticket will no longer be valid for entry. Accordingly, you agree to be solely responsible for safeguarding all tickets (and all pass codes, Internet addresses, e-mails and other places and means where tickets can be obtained) with great care, and you agree that if a ticket is copied, reprinted or forwarded to another person, or another person is given access to a ticket, neither [Team Name], Ticketmaster nor anyone else will have any liability or responsibility for any print-outs or copies of the ticket not being valid for admission due to the previous admission scanning of another print-out or copy of the same ticket. Similarly, you agree that you will be solely responsible for distribution errors caused by you providing an inaccurate e-mail address, for lost, stolen, damaged or destroyed tickets, and for lost, stolen, deleted, improperly addressed, forwarded or misdirected e-mails linking to Internet sites (or pass codes or Internet addresses) where tickets are accessible.

 

Authorization to Cancel a Ticket

 

By instructing the Advanced Services to forward, distribute, transfer or sell a ticket, you authorize Ticketmaster and the [Team Name] to issue to the recipient a valid ticket and to cancel and invalidate your ticket for the same seat at the same event. You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use, or take any action that directly or indirectly allows to be cancelled or invalidated, any sold, conveyed, forwarded, otherwise distributed or otherwise cancelled or invalidated ticket.

 

ticketFast®

 

Many of the Advanced Services, such as Group Tickets, Season Tickets and purchasing tickets from Season Ticket Holders use ticketFast®. To read more about how ticketFast works, and hardware and software requirements for the recipient to read and print ticketFast tickets, https://oss.ticketmaster.com/aps/intix2007/EN//faq/am/home_page.

 

Cancelled or Postponed Events

 

Occasionally, events are cancelled or postponed by the [Team Name] or venue due to weather conditions or situations affecting the performers, players, other personnel or staff or the audience. Please review the Specific Additional Terms Governing Specific Advanced Services below for provisions applicable to cancelled or postponed events.

 

 

Resale

 

The Advanced Services cannot be used to resell tickets that have already been sold, distributed or forwarded through the Advanced Services.

 

Title; Role of [Team Name] and Ticketmaster

 

All of this paragraph is subject to those parts of these Terms applicable to refunds and credits for cancelled or postponed events. All rights and obligations with respect to a ticket pass upon completion of a group ticket distribution (unless properly cancelled through the method described below), forward, purchase or sale transaction. For purposes hereof, “completion” shall occur (a) for a group ticket distribution transaction if the recipient pays for the ticket then upon the payment for a group ticket by the recipient, or instead if the group manager pays for the ticket then upon the use of the ticket to enter an event (or if not presented to enter an event, then upon the ticket’s event start time), (b) for a season ticket forwarding transaction when the Advanced Services sends (and before the recipient receives) the forwarded ticket, and (c) for a purchase or sale transaction when the Advanced Services sends (and before the recipient receives) the ticket in the case of electronic delivery, or when the Advanced Services deposits the ticket with the mail or a delivery service in the case of delivery of a paper ticket provided that the purchaser will not have the right to cancel a purchase or deliver once the purchaser has made an order (provided that Ticketmaster will have the right to allow such a cancellation in Ticketmaster’s sole discretion). Throughout these processes, neither Ticketmaster nor the [Team Name] will ever take title to the ticket. Title will pass directly from the group manager to the ticket recipient in the case of a group ticket distribution (unless the recipient, and not the group manager, is the purchaser of the ticket, in which case title will pass directly from [Team Name] to the recipient, because the group manager will never have had title), directly from the ticket forwarder to the person to whom the forwarder has forwarded the ticket in the case of season ticket forwarding, and directly from the seller to the purchaser in the case of a sale transaction. Further, Ticketmaster is not the agent of any party other than [Team Name]. Ticketmaster is only a technology provider, and as such is providing ticket cancellation, distribution, posting, forwarding, authentication, delivery and payment processing services.

 

User Obligations

 

In exchange for your use of the Advanced Services, you agree: (a) to provide the Advanced Services with current, complete and accurate information about yourself (“Registration Data”), (b) to maintain and update your Registration Data as necessary to ensure that it remains current, complete and accurate; (c) not to use the Advanced Services for any illegal purpose; (d) not to impersonate any person or entity; (e) not to interfere with or disrupt networks connected to the Advanced Services or violate the regulations, policies or procedures of such networks; (f) not to attempt to gain unauthorized access to the Advanced Services, other accounts, computer systems or networks connected to the Advanced Services, through password mining or any other means; (g) not to engage in any other conduct which, in Ticketmaster’s or the [Team Name] sole discretion, is considered unauthorized or objectionable; and (h) not to use the Advanced Services in connection with any commercial endeavors other than to the extent permitted by Ticketmaster or [Team Name].

 

Service Modifications

 

Ticketmaster and the [Team Name] reserve the right, in each of their sole discretion, to modify, suspend or discontinue any part of the Advanced Services at any time, with or without notice to you. Ticketmaster and the [Team Name] also reserve the right, in each of their sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Advanced Services without notice to you. Neither Ticketmaster nor the [Team Name] shall be liable to you or any third party for any claim or cause of action arising out of the [Team Name] or Ticketmaster’s exercise of the foregoing rights.

 

Service Outages

 

Neither Ticketmaster nor the [Team Name] warrant or represent that the Advanced Services will always function or be error-free. Neither Ticketmaster nor the [Team Name] assume any liability or responsibility for errors or omissions in the Advanced Services or for problems with its functioning. Your access to and use of the Advanced Services are at your own risk.

 

Privacy Policy

 

The information you provide to the Advanced Services shall be collected, used and disclosed in accordance with the Privacy Policies linked to from this sentence. Web sites linked to the Advanced Services that are not part of the Advanced Services are not subject to such Privacy Policy. You should refer to those sites’ own privacy policies to learn how they collect, use and disclose information about you.

 

Disclaimer; Limitation of Liability

 

Ticketmaster, the [Team Name], their respective affiliates, successors, assignees and licensees, and each of the foregoing’s respective officer, directors, employees and contractors (all such persons, including, but not limited to Ticketmaster, the “Released Parties”) do not make any guarantee that any tickets posted will be purchased through the Advanced Services, or that any tickets forwarded or distributed will be accepted by the intended recipient. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSES’ ACCESS TO, USE OF OR INABILITY TO USE THE ADVANCED SERVICES, ANY INFORMATION PROVIDED ON THE ADVANCED SERVICES OR ANY TRANSACTIONS OR OTHER ACTIVITIES ENTERED INTO THROUGH THE ADVANCED SERVICES (EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE RELEASED PARTIES THROUGH THE USE OF THE ADVANCED SERVICES. WITHOUT LIMITING THE FOREGOING, THE ADVANCED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No information, whether oral or written, obtained by you from any Released Party shall create any warranty not expressly made in these Terms. No Released Party shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Advanced Services or your downloading of any material or information from, or referred to by, the Advanced Services.

 

Indemnification

 

You agree to indemnify and hold Ticketmaster, the [Team Name] and the other Released Parties harmless from and against any third-party claim or demand, including reasonable attorneys’ fees, arising out of your (or that of another party who uses your computer equipment, pass codes or user names) use of the Advanced Services, violation of these Terms or infringement of any intellectual property or other right of any person or entity.

 

Termination; Suspension

 

The [Team Name] may, in its sole discretion, and Ticketmaster may, if authorized by the [Team Name], immediately terminate, suspend or restrict your right to use the Advanced Services at any time with or without cause, including without limitation if either finds that you have failed to comply with any provision of these Terms or if either believes, in its sole discretion, that you have in any way abused your right to use the Advanced Services. Neither Ticketmaster nor the [Team Name] shall be liable to you or to any third party for any claim or cause of action arising out of such termination, restriction or suspension.

 

Miscellaneous

 

These Terms shall be governed by and construed in accordance with the laws of the State where the “home games” of the [Team Name] are played, without regard to such state’s conflict of law provisions. In the event of a dispute, you, Ticketmaster and the [Team Name] each agree to submit to the exclusive jurisdiction and consent to the exclusive and personal jurisdiction and venue of these courts. Ticketmaster’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ticketmaster in writing. The [Team Name] failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the [Team Name] in writing. If a provision of these Terms is void or invalid under, or contravenes an, applicable law, then such provision shall be amended to the extent necessary to restore these Terms’ validity, effect and compliance therewith. The [Team Name] and Ticketmaster shall not be jointly or severally liable for each other’s actions or omissions. You will not hold Ticketmaster liable for any of the [Team Name] acts or omissions and you will not hold the [Team Name] liable for any of Ticketmaster’s acts or omissions.

 

Specific Additional Terms Governing Specific Advanced Services

 

The below includes additional terms that are (in addition to the Terms above), applicable to specific Advanced Services, and, together with the above, constitute these “Terms.”

 

Group Tickets

 

The Group Manager service allows a group manager to distribute group tickets by having the Advanced Services send e-mails to recipients that the group manager designates, and having those recipients click on links in the e-mails to visit a web site where they may retrieve the tickets through the use of Ticketmaster’s ticketFast® electronic delivery system. Each recipient will be responsible for printing out and using the tickets. In some cases the group manager will pay for the tickets. In other cases, the recipients will pay for the tickets. The group manager may be given a choice between these two options, or only one option will be offered to the group manager. If the group manager pays for a ticket, then the group manager may cancel the ticket’s distribution at any time—even after the recipient has already collected the ticket, in which case the recipient’s ticket will be cancelled and the recipient will not be able to use it to attend the event. If the recipient pays (i.e., the group manager does not pay) for a ticket, then the group manager may only cancel a distribution before the recipient pays for the ticket; once the recipient pays for a ticket the group manager will not be able to cancel it.

 

Before instructing the Advanced Services to purchase a group ticket, the purchaser should carefully review all purchase selections. The purchaser will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law.

 

If an event for which a group ticket is distributed via the Advanced Services is cancelled or postponed, please contact the [Team Name] directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.

 

Season Ticket Forwarding

 

The ticket forwarding service allows you to forward your season tickets for a Game or event as an attachment to an e-mail sent to an e-mail address that you specify, through the use of Ticketmaster’s ticketFast® electronic delivery system. The recipient will then be responsible for printing out and using those season tickets. Once you have instructed the Advanced Services to forward a season ticket for a Game or event, you will not be able to recall it, even if the Advanced Services have not yet sent it. You therefore agree to carefully review both the ticket information and the recipient information you have provided during the ticket forwarding process before instructing the Advanced Services to forward a ticket.

 

Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by the [Team Name] or the Advanced Services. You may be required to provide the Advanced Services with your credit card number and other information in order to pay such fees, which will be processed or collected by the [Team Name] or Ticketmaster. Such fees are not refundable under any circumstances.

 

If the [Team Name] offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on the [Team Name] web site. You should not assume that you will receive a tax deduction for forwarding tickets to a charity, or any documents that can be used to support a tax deduction, as you may not.

 

If an event for which a ticket is forwarded via the Advanced Services is cancelled or postponed, please contact the [Team Name] directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.

 

Ticket Selling and Posting for Sale

 

If you use the Advanced Services to sell a ticket, you will be the ticket’s seller; the [Team Name] and Ticketmaster will not be. The [Team Name] and Ticketmaster are only providing certain services that will facilitate your sale. You represent that your listing of tickets on the Exchange, TM+ or any other resale platform owned or controlled by Ticketmaster,  complies with all applicable local, state and federal laws and regulations.

 

Before posting a ticket for sale via the Advanced Services, please consult the web site pages through which you will be posting your ticket for sale (as well as such web site’s FAQs and Help sections), which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time as described below in the section marked “Title; Role of [Team Name] and Ticketmaster”. Ticketmaster or the [Team Name] will collect funds from the purchaser and the [Team Name] will transmit to you a credit or payment as described elsewhere in these Terms.

 

By posting a ticket using the Advanced Services, you authorize Ticketmaster and the [Team Name], upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). The [Team Name] will be responsible for all payments and credits to you, you will solely hold the [Team Name] responsible for such payment or credit and neither Ticketmaster nor any other person or organization will be liable therefor.

 

Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as [Team Name] may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.

 

You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale on the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.

 

If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by the [Team Name], the difference between the amount of payments you collected in connection with such sale and the amount of money that the [Team Name] would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from [Team Name] but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that the [Team Name] would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by the [Team Name], all of the payments you collected in connection with such sale, but the [Team Name] will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from [Team Name] but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but the [Team Name] will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.

The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.

The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.

 

Ticket Purchasing; No Refunds or Exchanges; Payment Methods

 

The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from the [Team Name]. These individuals and businesses are the sellers of the tickets, not the [Team Name] or Ticketmaster. Although Ticketmaster or the [Team Name] may process your payment, or be the name that you see on your credit card statement, neither Ticketmaster nor the [Team Name] is the seller of such a ticket. Please review the section of these Terms marked “Title; Role of [Team Name] and Ticketmaster.” Once you have made your election to purchase a ticket from a third party via the Advanced Services, the ticket that seller is holding will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket.  If a ticket was purchased through TM+, the event was canceled and a refund is issued, we will issue a refund of the ticket price you paid through TM+ and the service fee (if any) you paid.

 

You are obligated to complete the transaction unless the transaction is prohibited by law or these Terms. Before instructing the Advanced Services to purchase a ticket, carefully review your selection. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law. Please check the purchase page to see which credit cards the Advanced Services accept for payment.

 

After you have purchased the tickets, they may be sent to you as an attachment to an e-mail sent to an e-mail address that you specify, through the use of Ticketmaster’s ticketFast® electronic delivery system. You will be responsible for printing out and using the tickets. Once you have instructed the Advanced Services to send a ticketFast ticket, you will not be able to recall it.

 

Please note that you may be required to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. The Released Parties make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see the applicable web site for further restrictions.

 

If an event for which you have purchased a ticket is cancelled or postponed, please review the [Team Name] web site to find out if you are eligible to receive a credit or a refund.

 

Add Credit; Add Concession Credit

 

The “Add Credit” (aka “Add Concession Credit”) Advanced Service allows a ticket forwarder or group manager to authorize one or more ticket recipients to charge food, drinks or other goods or services (“Concessions”) to such forwarder’s or group manager’s credit card by having the holder of the ticket have that ticket scanned by the vender of such Concessions. Add Concession Credit also allows a season ticket holder to retain for his own use the tickets to which he has added credit, so that the season ticket holder can charge Concessions to his own credit card by keeping the tickets to which he has added credit and then having them scanned by the vender of such Concessions. If you elect to add or forward credit, YOU AUTHORIZE PERSON(S) WHO POSSESSES THE ORIGINALS OR COPIES OF THE TICKETS that are distributed via ticket forwarding or group manager, or through any other means, to incur charges to your credit card ON YOUR BEHALF by having such ORIGINALS OR COPIES OF SUCH TICKETS SCANNED BY A VENDER AT OR NEAR THE EVENT, REGARDLESS OF WHETHER YOU HAVE ANY RELATIONSHIP WITH THE HOLDER OF SUCH ORIGINALS OR COPIES OR WHETHER SUCH PERSON(S) OBTAINED SUCH ORIGINALS OR COPIES FROM A SOURCE OTHER THAN THE ADVANCED SERVICES OR THE INTENDED RECIPIENT(S). THE AMOUNT AUTHORIZED TO BE CHARGED SHALL BE THE LESSER OF THE LIMIT THAT YOU SET THROUGH THE ADVANCED SERVICES OR YOUR CREDIT LIMIT. By using the “Add Credit” Advanced Services, you authorize Ticketmaster and the [Team Name] to forward your credit card and other information to each vender where such copies or originals of such tickets may be scanned so that such vender will be able to charge your credit card account if such an original or copy of the ticket is presented to be scanned. IF THE RECIPIENT LETS THE ORIGINALS OR COPIES OF TICKETS OUT OF HIS SIGHT, OR ALLOWS THEM TO BE COPIED OR USED, THEN THE CREDIT CARD HOLDER WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES, WHETHER OR NOT CAUSED BY A THIRD PARTY.

 

Season, Package and Single Event Ticket Purchases; Suite Additionals; Rights of Refusal; Other Purchases and Services

 

The Advanced Services may be used in many cases to allow you to purchase or renew season tickets, register for season ticket waiting lists, to purchase rights of refusal for post season [Team Name] or other Game or event tickets, to purchase “suite additionals”, to purchase concessions or parking, to purchase ticket packages or single event tickets, to pay ticket or waiting list deposits, or to engage in other activities. If you elect to engage in any such transaction, then provisions additional to these Terms may apply. Please consult the [Team Name] for additional terms and requirements.

 

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. You may download the forms located at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.doc. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket made through TicketExchange by Ticketmaster for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction made through TicketExchange by Ticketmaster for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or ticketexchange@ticketmaster.com.