Last updated on: July 15, 2023

Please review this Terms of Service agreement (the “Terms of Service”) carefully. By using the services provided through https://ticketx.com (the “Site”), or any associated mobile applications, (each a “Service,” and collectively, the “Services”) of TicketX US, inc. (“TicketX,” “us,” “our,” and “we”), you agree to the following Terms of Service. The following Terms of Service applies to all users of the Services. By clicking on any “I Accept,” “Sign Up,” “Create Account,” or other similar buttons, completing the account registration process, browsing the website, or downloading TicketX’s mobile application (the “Mobile App”), as may be applicable, you agree that you are entering into a binding contract with TicketX. You also represent that: (a) you have read, and understand and agree to be bound by the Terms of Service and any other agreements incidental to our provision of Services to you; (b) you are of legal age to enter into a binding agreement with TicketX; and (c) you have the authority to enter into these Terms of Service personally or on behalf of an entity or company you have named as the user, and to bind such company to these Terms of Service. The term “you” and “your” refers to any person, whether an individual or an entity (including, but not limited to a corporation, LLP, or LLC) that has registered as a user of our Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OUR SERVICES AND YOU MUST IMMEDIATELY DELETE AND TERMINATE SUCH USE. ANY CONTINUED USE SHALL BE DEEMED AND CONSTRUED AS ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS CONTAINED HEREIN, AND AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

NOTICE: Please be aware that Section 14 of these Terms of Service, below, contains provisions governing how claims are resolved that you and TicketX may have against each other, including, without limitation, any claims that arose or were asserted prior to the effective date of the Terms of Service. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. You may opt-out pursuant to the terms, but if you do not in a timely manner: (a) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (b) you are waiving your right to seek relief in a court of law and to have your claims heard before a jury.

Your use of, and participation in, the Services may be subject to additional terms which are provided to you through various links. Any applicable additional terms shall be identified to you in this Terms of Service, or may be presented to you for your acceptance when you sign up to use such Services. Where there are any inconsistencies with the Terms of Service and such additional terms, the additional terms shall control with respect to the specific Services being utilized. Collectively, these Terms of Service, TicketX’s privacy policies and any additional terms shall be referred to as the “Terms.” Any definitions or terms used herein shall include both their singular and plural forms, as applicable.

ALL TERMS ARE SUBJECT TO CHANGE, REVISION, OR MODIFICATION BY TicketX AT ITS SOLE DISCRETION AND AT ANY TIME. If you do not agree to any such modifications after receiving notice of such modifications, you must immediately delete and terminate such use of Services. Otherwise, any use thereafter shall be deemed and construed as acknowledgement and acceptance of, and agreement to be bound to the Terms, as modified. We strongly recommend that you regularly review these Terms of Service and any applicable additional terms for any updates.

1. TICKETX MARKETPLACE.

• TicketX Marketplace. TicketX provides users with an online secondary marketplace (the “Marketplace”) which allows certain users to buy (“Buyers”) and other users to sell (“Sellers”) tickets and other similar items to events (collectively, “Tickets”). Our Marketplace is intended only to act as a marketplace that facilitates the sale of tickets by Sellers and purchased by Buyers. We make no guarantees as to any listings or any transactions that take place on the Marketplace. Specifically, TicketX expressly disclaims any guarantees or warranties with respect to: (a) the existence, quality, safety, or legality of Tickets being sold by Sellers; (b) the accuracy or truth of any Seller’s listings or content or representations; (c) the right or ability of Sellers to sell Tickets; (d) the means or ability of Buyers to pay for Tickets; (e) whether either Seller or Buyer will complete any particular transaction on the Marketplace; (f) the value of any Tickets sold on the Marketplace; or (g) the validity of or ability to redeem such Tickets.
• No Endorsement. Unless otherwise expressly stated by TicketX, our display of any listing by any Seller through our Services does not constitute, suggest, or imply: (a) any endorsement by us as to any Tickets listed or that particular Seller; (b) any sponsorship by us of any such Seller; or (c) any other affiliation or partnership between TicketX and such Seller.
• Sale of Tickets. Sellers set all prices or values for Tickets (“Ticket Price”). Sellers are permitted to list Ticket Prices which may be higher or lower than the original price of the Ticket. Unless otherwise noted on a Ticket, on the listing or on a confirmation page or email, Tickets may be transferable, even if another person’s name appears on the face of the Ticket. Sellers may offer Tickets for sale, even if they do not presently have them in their possession at the time of listing or completion of the sale. However, Sellers who list such Tickets are expected to deliver Tickets in advance of the event the Tickets are for (the “Event”). Any failure to provide you with the Tickets prior to the Event will be subject to the Buyer’s Guarantee ([LINK TO BUYER’S GUARANTEE]). For information regarding sales of Tickets that are not in the possession of the Seller at the time of sale, please see Article 5 for Speculative Ticketing. All prices of Tickets shall be in in U.S. Dollars (“USD”).
• Purchase of Tickets. Buyers are solely responsible for completing their transactions and purchases of Tickets, including the payment for such Tickets and all applicable fees. By committing to the purchase of a Ticket, Buyers are entering into a binding contract with the Seller to purchase the applicable Ticket. All sales are final, and except for canceled events, Buyers will not receive a refund for any completed purchase. Neither Buyer nor Seller may change or cancel orders after completion of a sale.
• Agreement to Purchase. Buyer agrees to provide to Seller and TicketX with the appropriate and necessary information for the delivery of tickets, including, but not limited to, a working email address of the Buyer and a Buyer’s physical address (where applicable). If Buyer provides incorrect information for the delivery of the Tickets or if Buyer is not available for receive the tickets upon delivery, Buyer will not be eligible for a refund or the Buyer’s Guarantee.
• Limitations on Ticket Purchases. Each Seller may limit the number of Tickets that may be purchased from them in an effort to curb or discourage unfair ticket purchasing practices. In the event of such a restriction, Buyers will be notified if Seller has opted to limit the number of Tickets a Buyer may purchase. Tickets purchased for any single event by a single Buyer through multiple sessions via our Services may be aggregated to ensure that such limitations are not exceeded. Each account with us and our Services must be linked to a unique individual or entity, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you attempt to exceed or attempt to exceed any limitations set by a Seller for a particular event, we have the right to cancel, without notice, any or all Ticket purchase transactions made by you for such event. Any attempts to circumvent such limitations and restrictions will be deemed a violation of these Terms and Services, and your account(s) may be suspended or terminated at our discretion.
• Use of Bots or Scripts. You may not utilize bots, scripts, multiple Internet Protocol (“IP”) addresses, multiple e-mail addresses, multiple accounts, by any other means, or any combination thereof, to conduct Ticket transactions through our Services, whether to search for, reserve, or purchase Tickets through our Marketplace. The use of methods described in this Article are strictly prohibited, particularly as used to automate the purchase of Tickets, circumvention of any security measures put in place by TicketX, unauthorized access to our systems, or other technological controls or measures on our Marketplace intended to enforce purchasing limits or maintain integrity of posted rules.
• Original Pricing of Tickets. On occasion, we may provide the original ticket price for a Ticket being sold on our Marketplace prior to purchase, in accordance with applicable law. Users acknowledge and understand that: (a) we can only provide the original price of a Ticket if we are provided such information by the Seller; and (b) in the event that we receive such information from the Seller, we do not independently verify or guarantee the accuracy or veracity of such information.
• Buyer’s Guarantee.
  • Each qualified order is covered by our Buyer’s Guarantee. For each qualified order, TicketX will work to ensure that: (a) purchased Tickets will be delivered in time for the Event.; (b) Sellers do not list, market, or sell any Tickets which are not valid or accurate; and (c) Sellers shall provide all details of any Tickets listed, marketed or sold on the Marketplace for Buyer’s consideration. If any of these things do not occur, we will work with you on a case-by-case basis to resolve any verified issue(s) covered by this Buyer’s Guarantee.
  • If you learn of an Event Cancellation for your Ticket and the Ticket transaction has been completed, you must notify TicketX immediately and as early as practicable so that we may assist you. TicketX may, in its sole discretion, offer you a full refund of your purchase price, or, subject to applicable laws, issue you a credit for use on a future purchase.
  • If you learn of an Event Postponement for your Ticket and the Ticket transaction has been completed, you must promptly notify TicketX immediately and as early as practicable so that we can assist you to obtain a replacement Ticket from Seller, if possible.
  • You may contact TicketX at [email protected].
  • TicketX makes no guarantees as to any particular result in this Buyer’s Guarantee.
  • To be eligible for this Buyer’s Guarantee, you must comply with the Terms and cooperate with TicketX. If you fail to contact us immediately upon becoming aware of an issue with your Ticket(s), we may be unable to assist you in either obtaining a replacement Ticket or a full refund from Seller.
  • Venues and Events may have specific restrictions due to COVID-19 or other pandemic-related measures. If you are denied entry to a venue or event due to factors unrelated to whether your Ticket is valid for entry, this Buyer’s Guarantee does not apply.
• Seller’s Agreement. In addition to the Terms of Service herein, Sellers agree that any sales to the additional terms contained under our Seller’s Agreement, which may be found at the following link: [LINK TO SELLER’S AGREEMENT].
• TicketX Property. The Site, the Marketplace, our Services, the Mobile App, and the information and content available on or in TicketX and the Services (collectively, “TicketX Property”) are protected by intellectual property rights throughout the world. Unless otherwise specified by TicketX in a separate license, your right to use any TicketX Property is subject to the Terms.
• License to Use. Your use of TicketX Property is subject to a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use. You agree and acknowledge that you have no ownership or ownership interest in TicketX Property except where specified otherwise by a separate agreement.
• Mobile App License. Subject to your compliance with the Terms, TicketX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Mobile App on a mobile device or computer that you own or control. This license grants you the limited right to run the Mobile App solely for the purposes of your own personal use or for internal business. If the Mobile App is accessed or downloaded through the Apple App Store, you agree that you will only use the Apple App Store Sourced Application on an Apple-branded product that runs iOS (Apple’s proprietary operating system for mobile devices) and as permitted by the Apple App Store Terms of Service and other applicable agreements.