Terms of Service
Last Updated: August 4, 2024
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION
PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS
DETAILED IN
SECTION 10
BELOW. PLEASE READ CAREFULLY.
Thank you for using 1Ticket, operated by Ticket Evolution Inc. and its parent Victory Live, Inc. ("we," "us",
"our", "1Ticket"). We provide software applications and services to help
resellers of live event tickets ("Clients") manage their purchase and
resale processes (the "Services"). These Terms of Service ("Terms") govern
your use of the Services.
1. ACCEPTANCE OF THESE TERMS
BY USING THE SERVICES AND/OR CLICKING A BUTTON OR OTHERWISE INDICATING YOUR
ACCEPTANCE OF THESE TERMS, YOU AGREE TO THE TERMS, INCLUDING ALL
CONDITIONS, PROHIBITIONS, AND OBLIGATIONS THEREIN. IF YOU ARE NOT AN
INDIVIDUAL, YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES A REPRESENTATION
THAT YOU ARE AN AGENT OF THE CLIENT ACCEPTING THE TERMS AND HAVE THE
AUTHORITY TO BIND CLIENT TO THE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY,
YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT USE THE SERVICES. IF YOU
DO NOT ACCEPT THESE TERMS, THEN YOU SHOULD NOT USE THE SERVICES.
2. PRIVACY POLICY
Please review our
Privacy Policy,
incorporated herein by reference, which describes our privacy practices. By
accepting these Terms, you also acknowledge the applicability of our
Privacy Policy.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
You must be 18 years of age or older and a Client to access or use the
Services. By accessing or using the Services, you represent and warrant
that you are 18 years of age or older and a Client. Clients that compete
with 1Ticket are prohibited from using the Services or creating an Account
(as defined below).
To use the Services, you must register for an account (the "Account"). You
can create an Account on our website with a separate password for each user
on your Account. You agree to provide accurate, current, and complete
information during the registration process and at all other times when you
use the Services, and to update information to keep it accurate, current,
and complete. You are solely responsible for safeguarding your Account
credentials, and only you and your authorized employees may access your
Account. You are solely responsible for all activity that occurs on your
Account, and you will notify 1Ticket immediately of any unauthorized use.
1Ticket is not liable for any losses by any party caused by an unauthorized
use of your Account. Notwithstanding the foregoing, you may be liable for
the losses of 1Ticket or others due to such unauthorized use. Your account
is nontransferable except with 1Ticket's written permission.
4. THE SERVICES
The Services assist Clients in managing the ticket purchase and resale
processes relating to one or both of the following:
- The "Ticket": A physical or "virtual" ticket allowing entry into an
event, whether provided in PDF, PNG, JPG, paper, barcode, or other format;
and
-
The "Associated Data": The metadata corresponding to and describing
the circumstances surrounding that Ticket (e.g., event description,
event date, ticket section, row and seat number, sale price,
purchaser-related personal information, marketplace account-related
information, etc.)
The Services we offer include the following:
-
Purchase Downloading: 1Ticket provides marketplace support across
hundreds of primary marketplaces. Purchase Downloading includes complete
season ticket support across Ticketmaster and Tickets.com, among others.
-
Sales Processing: Using real-time market integration, 1Ticket will
track your Ticket sales for inventory control, enabling Clients to avoid
double sales and allowing Clients to sell on more marketplaces.
-
PDF Ticket Creation: 1Ticket will generate PDF tickets for Clients,
including through traditional ticketfast and mobile formats.
-
POS Integration: 1Ticket integrates with major point-of-sale
platforms including, Skybox, TicketNetwork, DTI, POSNext, SFC, TicketUtils,
and Core.
-
Automatic Mobile Transfer Delivery: 1Ticket facilitates the transfer
of mobile tickets to fulfill sales on secondary marketplaces. Transfer
services covered included Ticketmaster, Ticketmaster Seasons, Tickets.com,
MLB Ballpark, Flash, and SeatGeek. We offer manual transfer options and
Clients can also use our APIs to build their own transfer services.
-
Custom Templates: We provide mobile ticket support and mobile QR
PDFs from traditional and season ticket accounts.
1Ticket can also manage Tickets and Associated Data on your existing
Point-of-Sale, your retail website, and/or on any other ticket retail sites
supported by us. We provide other inventory control services through
retail, wholesale and other channels of distribution.
5. PROPRIETARY RIGHTS AND LICENSES
License to Services
. Subject to your compliance with these Terms, 1Ticket grants you a
limited, non-exclusive, revocable, nontransferable, and non-sublicensable
license to use the Services solely to manage the ticket purchase and resale
process. You will not use, copy, adapt, modify, prepare derivative works
based upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Services,
except as expressly permitted in these Terms. No licenses or rights are
granted to you by implication or otherwise under any intellectual property
rights owned or controlled by 1Ticket or its licensors, except for the
licenses and rights expressly granted in these Terms.
License to Client Data
. You grant to 1Ticket and its affiliates, and service providers acting on
their behalf, a worldwide, non-exclusive, limited term license to access,
use, copy, distribute, perform and display the data provided to us through
the Services in connection with your Tickets or Associated Data
(collectively, "Client Data") (a) as reasonably necessary to provide the
Services; (b) to prevent or address service or technical problems or at the
request of you or your company (as applicable) in connection with customer
support matters; or (c) to comply with our legal obligations as described
in our Privacy Policy.
Data Processing Addendum
. If and to the extent applicable, our
Data Processing Addendum
(which may be updated periodically in our discretion) is incorporated
herein by reference.
Business Relationship
. You grant to 1Ticket and its affiliates a nonexclusive, worldwide,
royalty-free license to use any of your trademarks, brand names, and/or
logos for the limited purpose of disclosing that 1Ticket provides services
to you.
De-Identified and Aggregated Data
. You acknowledge and agree that 1Ticket and its affiliates will have the
perpetual right to de-identify Client Data, to aggregate Client Data with
other data, and to store, use, disclose, and analyze such de-identified and
aggregated data; provided that such de-identified and aggregated data does
not identify you or any other individual person. Without limiting the
foregoing, such de-identified and aggregated data may include event name,
date, venue, seat location, Ticket price, date of sale, and the marketplace
where sale occurred. 1Ticket retains all intellectual property rights in
de-identified and aggregated data, and such rights survive termination of
these Terms.
Feedback
. If you send us any feedback or suggestions regarding the Services, you
grant to 1Ticket and our affiliates an unlimited, irrevocable, perpetual,
sublicensable, royalty-free license to use or share any such feedback or
suggestions for any purpose without any obligation or compensation to you
or any other party.
6. RULES AND PROHIBITIONS
As a user of the Services, you may not:
-
Use another person's Account or misrepresent your identity;
-
Misrepresent any characteristics of any Ticket you make available
through the Services;
-
Use the Services to make available to third parties any Tickets that
are invalid or were obtained in violation of law;
-
Use any automated system including but not limited to robots,
spiders, offline readers, or scrapers to access the Services for any
purpose without 1Ticket's prior written approval;
-
In any manual or automated manner copy copyrighted text, or
otherwise misuse or misappropriate information of content on the Services
including, but not limited to, for use on a mirrored, competitive, or
third-party site;
-
Take any action that (a) may unreasonably encumber the Services'
infrastructure; (b) interferes or attempts to interfere with the proper
working of the Services or any third-party participation; (c) bypasses
measures that are used to prevent or restrict access to the Services; (d)
circumvents, disables, or otherwise interferes with security features of
the Services; (e) distributes viruses or any other technologies that may
harm 1Ticket or others; (f) uses the Services in a way that violates any
copyrights, trade secrets, or other rights of any third party, including
privacy or publicity rights; or (g) circumvents any Fees payable to
1Ticket;
-
Take any inappropriate or unlawful actions, including the submission
of inappropriate or unlawful materials to or through the Services,
including the offering of Tickets to events that advocate, promote, or
encourage inappropriate or unlawful activity;
-
Violate any terms governing your use third-party marketplaces that
sell Tickets to buyers;
-
Violate any terms applicable to you of any venue or event promoter;
-
Fail to fulfill your contractual obligations regarding the sale of
any Ticket;
-
Engage in fraudulent conduct, including the sale of Tickets that
were illegally obtained;
-
Violate any applicable law in your use of the Services; and
-
Attempt to indirectly undertake any of the foregoing.
7. FEES AND PAYMENT
Fees.
We charge "Fees" to our Clients on a monthly basis, based on the specific
Services used and the frequency of use. Fees are negotiated directly with each Client.
To discuss Fees with us, you can contact us for rate information at
customerservice@1ticket.com
.
Monthly Invoices.
We issue a monthly invoice to our Clients for all Services. By creating an
Account and using our Services, you agree to pay the then-current Fees
associated with those Services. Your Account will remain active, and we
will continue to issue monthly invoices for activity on your Account, until
you cancel your Account or we terminate it. You can find your monthly
billing information by logging into your Account and accessing the Billing
page
here.
Payment
. Payment on each monthly invoice is due by credit card within 10 days of
the date of the invoice. You must provide us with a valid credit card to
facilitate monthly payments; and you hereby authorize us to store any
credit card account information that you provide to us, and to initiate
automatic monthly payment from that credit card account.
Changes to Fees
. We may change the Fees at any time with at least 30 days' notice in our
discretion. If our pricing increases, we will notify you. By continuing to
use the Services, you agree to the changes to Fees. If you do not agree to
the revised Fees, you may cancel your subscription and use of our Services,
or terminate your Account.
You may cancel your subscription or terminate your Account by emailing us
at
support@1ticket.com from the
email associated with your Account, or by calling us at 240-321-9849. You
must cancel your subscription before it renews to avoid billing of the next
periodic Subscription Charges to your Account. If you cancel your
subscription, you will be able to use your subscription for the remainder
of your pre-paid subscription term.
Payment Authorization
. You authorize 1Ticket and our service providers to charge all Fees owed
by you to the payment method designated in your Account. We reserve the
right to place an initial temporary pre-authorization hold on each new
payment method added to your Account. We also reserve the right to request
additional information from you if we have reason to believe, in our sole
discretion, that a payment method may be fraudulent.
Delinquent Accounts
. You are responsible for paying all amounts due to us on a timely basis. If you
fail to pay amounts due to us on a timely basis, then we will have the right to take any or all of the
following actions: (i) suspend or terminate your access to the Services, and/or (ii) charge a late fee
equal to 10% of the balance due or the maximum late fee permitted by law, whichever is lower, and/or
(iii) deduct all amounts due to us from any and all monies otherwise payable by you to us under this or
any other agreement between you and us, and/or (iv) refer your information to a collection agency/debt
collector. If you have questions regarding an outstanding balance on your Account, please contact us at
customerservice@1ticket.com
.
If your payment card expires or is replaced by your issuing bank, the card
network may provide us with updated card details associated with the same
Account. We may use these new details in order to help prevent any
interruption to the Services. If you would like to use a different payment
method or remove a saved payment method from your Account, please visit
your Account settings to update your billing information.
Future Functionality
. You agree that any purchases hereunder are neither contingent on the
delivery of any future functionality or features nor dependent on any oral
or written public comments made by 1Ticket regarding future functionality
or features.
8. TERM AND TERMINATION
These Terms shall govern your use of the Services unless terminated in
accordance with this Section. Client has the right to terminate its Account
at any time by providing at least five (5) days' advanced written notice to
1Ticket; provided, that any Fees paid or payable are non-refundable and
non-cancelable. You may terminate your Account by emailing us at
support@1ticket.com from the email
associated with your Account, or by calling us at 240-321-9849. Termination
of your Account will terminate all subscriptions associated with your
Account. You will be able to use your subscription for the remainder of
your pre-paid subscription term.After termination, 1Ticket has no
obligation to return or maintain your Client Data.
9. TERMS AND CONDITIONS SPECIFIC TO YOUR TICKETS
By using the Services to facilitate sales of your Tickets, you represent
and warrant that:
-
Each Ticket is valid and can be used by the buyer for entry into the
relevant event or venue in accordance with the face of the Ticket;
-
Each Ticket was obtained in compliance with all applicable laws and
regulations (including, without limitation, laws restricting the use of
robots or bots);
-
Each Ticket is not fraudulent or counterfeit; and
-
You have provided us with complete, true, and accurate information
regarding each Ticket.
You further agree to comply with any and all applicable terms, conditions,
rules, policies and/or restrictions established by any third-party
marketplaces you use to sell your Tickets, and you understand and
acknowledge that you are solely responsible to such third-party
marketplaces for such compliance.
10. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and 1Ticket agree that these Terms affect interstate commerce and that
the Federal Arbitration Act governs the interpretation and enforcement of
these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all
disputes between us, including but not limited to claims arising out of or
relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal
theory; claims that arose before this Agreement or any prior agreement; and
claims that may arise after the termination of this Agreement. The only
disputes excluded from this broad prohibition are the litigation of certain
intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with
1Ticket as follows:
Initial Dispute Resolution
: Most disputes can be resolved without resort to litigation. You can reach
1Ticket's support department at
support@1ticket.com. Except for
intellectual property and small claims court claims, the parties agree to
use their best efforts to settle any dispute, claim, question, or
disagreement directly through consultation with the 1Ticket support
department, and good faith negotiations shall be a condition to either
party initiating a lawsuit or arbitration.
Binding Arbitration
: If the parties do not reach an agreed-upon solution within a period of
thirty (30) days from the time informal dispute resolution is initiated
under the Initial Dispute Resolution provision above, then either party may
initiate binding arbitration as the sole means to resolve claims, subject
to the terms set forth below. Specifically, all claims arising out of or
relating to these Terms or previous versions of these Terms (including the
Terms' or Privacy Policy's formation, performance, and breach), the
parties' relationship with each other, and/or your use of the Services
shall be finally settled by binding arbitration, as described below.
The parties shall resolve disputes subject to arbitration in accordance
with the JAMS Streamlined Arbitration Procedure Rules for claims that do
not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and
Procedures for claims exceeding $250,000 in effect at the time the
arbitration is initiated, excluding any rules or procedures governing or
permitting class actions. To start an arbitration with JAMS, you must do
the following: (a) write a Demand for Arbitration that includes a
description of the claim and the amount of damages you seek to recover (you
may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send
three copies of the Demand for Arbitration, plus the appropriate filing
fee, to JAMS, 1155 F Street, NW, Suite 1150, Washington, DC 20004; and (c)
send one copy of the Demand for Arbitration to 1Ticket at 2788 S. Arlington
Mill Drive, Suite 275, Arlington, VA 22206. You will be required to pay $250 to
initiate an arbitration against us. If the arbitrator finds the arbitration
to be non-frivolous, 1Ticket will pay all other fees invoiced by JAMS,
including filing fees and arbitrator and hearing expenses. You are
responsible for your own attorneys' fees unless the arbitration rules
and/or applicable law provide otherwise.
The arbitrator, and not any federal, state, or local court or agency, shall
have exclusive authority to resolve all disputes arising out of or relating
to the interpretation, applicability, enforceability, or formation of these
Terms or the Privacy Policy, including but not limited to any claim that
all or any part of these Terms or Privacy Policy is void or voidable,
whether a claim is subject to arbitration, or the question of waiver by
litigation conduct. The arbitrator shall be empowered to grant whatever
relief would be available in a court under law or in equity. The
arbitrator's award shall be written and shall be binding on the parties and
may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory arbitration provision,
they would have the right to sue in court and have a jury trial. They
further understand that, in some instances, the costs of arbitration could
exceed the costs of litigation and the right to discovery may be more
limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in
the county where you reside at the time of filing. For individuals residing
outside the United States, arbitration shall be initiated in Washington,
D.C., United States of America. You and 1Ticket further agree to submit to
the personal jurisdiction of any federal or state court in Washington, D.C.
in order to compel arbitration, to stay proceedings pending arbitration, or
to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
Class Action Waiver
: The parties further agree that the arbitration shall be conducted in
their individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to file
a class action or seek relief on a class basis.
YOU AND 1TICKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set
forth in this paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration provisions
set forth above shall be deemed null and void in their entirety and the
parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court
Claims
: Notwithstanding the parties' decision to resolve all disputes through
arbitration, either party may bring enforcement actions, validity
determinations or claims arising from or relating to theft, piracy or
unauthorized use of intellectual property in state or federal court or in
the U.S. Patent and Trademark Office to protect its intellectual property
rights ("intellectual property rights" means patents, copyrights, moral
rights, trademarks, and trade secrets, but not privacy or publicity
rights). Either party may also seek relief in a small claims court for
disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out
: You have the right to opt out and not be bound by the arbitration and
class action waiver provisions set forth above by sending (from the email
address associated with your Account) written notice of your decision to
opt out to legal@1ticket.com with the subject line, "ARBITRATION AND CLASS
ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of
the later of the Effective Date of these Terms or your first use of the
Services; otherwise, you shall be bound to arbitrate disputes in accordance
with the terms of those paragraphs. If you opt out of these arbitration
provisions, 1Ticket also will not be bound by them.
Changes to This Section
: 1Ticket will provide thirty (30) days' notice of any changes affecting
the substance of this Arbitration and Class Action Waiver section by
posting on the 1Ticket website, sending you a message, or otherwise
notifying you when you are logged into your Account. Amendments will become
effective thirty (30) days after they are posted on the website or sent to
you.
Changes to this section will otherwise apply prospectively only to claims
arising after the thirtieth (30th) day. If a court or arbitrator decides
that this subsection on "Changes to This Section" is not enforceable or
valid, then this subsection shall be severed from the section entitled
"Arbitration and Class Action Waiver," and the court or arbitrator shall
apply the first Arbitration and Class Action Waiver section in existence
after you began using the Services.
Survival
: This Arbitration and Class Action Waiver section shall survive any
termination of your Account or the Services.
11. GOVERNING LAW, VENUE, AND JURISDICTION
The laws of the State of Georgia, USA, excluding Georgia's
conflict of laws rules, will apply to any disputes arising out of or
relating to these terms or the Services and not subject to arbitration. All
claims not subject to arbitration arising out of or relating to these Terms
or the Services will be litigated exclusively in the federal or state
courts of located in New Fulton County, Georgia, USA, and you and 1Ticket
consent to personal jurisdiction in those courts.
12. DISCLAIMERS
You understand that, in connection with your use of the Services, issues
may arise which are outside of 1Ticket's control, and may impair or prevent
the completion of one or more aspects of the Services, including but not
limited to: notifications of Ticket purchases, receipt of Associated Data
by any integrated site or marketplace, Ticket reading, Ticket parsing,
Ticket splitting, Ticket delivery, insertion of Tickets and/or Associated
Data into POS systems, inventory updating, inventory removal, and all other
actions involved in the selling of Tickets in any capacity.
You also acknowledge and agree that 1Ticket cannot control third party
sites or ticket sellers and may be affected by factors outside of 1Ticket's
control, including updates and upgrades to third party software that may
block, interfere with or impair the 1Ticket Service. Accordingly, 1Ticket
does not promise or guarantee that we will deliver any specific quantity or
quality of Tickets or Associated Data to you or your POS or other retail
site and cannot be liable for any failure or inability to acquire Tickets
or Associated Data, or to deliver Tickets or Associated Data to you or your
POS or any other retail site, whether by reason of infection by a computer
virus or bug, tampering, technical failure, delay in Internet transmission,
human error, communication lines failure and any other causes.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED
COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND 1TICKET EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT 1TICKET DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 1TICKET
FURTHER DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY
HARM OR DAMAGES CAUSED BY ANY THIRD PARTIES, INCLUDING THIRD-PARTY
MARKETPLACES, VENUES, OR HOSTING PROVIDERS.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL 1TICKET'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED
TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT OR TORT OR
UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU TO
US HEREUNDER IN THE 12 MONTHS PRECEDING THE LAST EVENT GIVING RISE TO
LIABILITY.
IN NO EVENT SHALL 1TICKET HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY
FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN
CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT
THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE
LAW.
14. INDEMNIFICATION AND RELEASE
To the fullest extent permitted by law, you release and covenant not to sue
1Ticket, its affiliates, and our and their respective officers, directors,
agents, joint venturers, employees, legal representatives, suppliers,
successors, and assigns from any and all claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with disputes between you and a third party (including
third-party marketplaces, venues, and Ticket purchasers). In entering into
this release, you expressly waive any protections (whether statutory or
otherwise - e.g., California Civil Code § 1542) that would otherwise
limit the coverage of this release to include only those claims, which you
may know or suspect to exist in your favor at the time of agreeing to this
release.
You agree to indemnify and hold us and (if applicable) our parent,
subsidiaries, affiliates, and our and their respective officers, directors,
attorneys, agents, employees, licensors, suppliers, successors, and assigns
(the "1Ticket Indemnitees") harmless against any claim or demand and all
liabilities, costs and expenses (including reasonable attorneys' fees)
incurred by us and (if applicable) any 1Ticket Indemnitee resulting from or
arising out of your breach of these Terms, your improper use of the
Services, and/or your violation of any law or the rights of a third party.
15. CHANGES TO TERMS AND/OR THE SERVICES
We reserve the right to change these Terms (including our Privacy Policy)
from time to time by posting the amended terms on this website. We advise
you to read it regularly. Except as explicitly provided herein, any changes
automatically take effect 30 days after they are posted. If you object to
any such changes, your sole recourse will be to discontinue your use of the
Services and close your Account; and your continued use of the Services
following the effective date of any such changes will indicate that you
have agreed to those changes.
1Ticket also reserves the right to modify or discontinue, temporarily or
permanently, the Services or any part of the Services with or without
notice for any reason.
16. TICKET EVOLUTION MARKETPLACE (INCLUDING CORE)
As an additional benefit of subscribing to the Services and/or agreeing to the Terms, you will have a
revocable license and privilege to access and use the Marketplace for the purpose of (a) listing and
selling your Tickets via the Marketplace and (b) buying Tickets via CORE from other sellers on the
Marketplace. This privilege is subject to the Company's Standard Terms and Conditions applicable to
the Marketplace (available at https://www.ticketevolution.com/marketplace_terms and which may be
updated periodically in Company’s discretion).
The "Marketplace" means the collection of Company assets that enables ticketing professionals and
other authorized parties to buy and sell Tickets through Company, including, without limitation, (i)
Company's online B2B ticket exchange ("CORE"), (ii) Company's ticket marketplace known as
"Events 365" ("Events 365"), (iii) Company's affiliate and partner network and (iv) any other ticket
marketplace that Company may operate.
As a condition of your license and privilege to access and use the Marketplace, you will be required to
(i) establish and maintain in good standing an account in Company's EvoPay payment system (an
"EvoPay Account"), in accordance with Company's policies and procedures, (ii) complete and sign an
EvoPay Authorization in a form designated by Company, and (iii) maintain a valid bank account that
is linked to your EvoPay Account (but only if you are based in the United States).
17. GENERAL
Force Majeure
: 1Ticket shall be liable to the other for any delay or failure in
performance under the Terms arising out of a cause beyond its control and
without its fault or negligence. Such causes may include but are not
limited to fires, floods, earthquakes, strikes, unavailability of necessary
utilities, blackouts, acts of God, acts of declared or undeclared war, acts
of regulatory agencies, or national disasters.
No Third-Party Beneficiaries
: You agree that, except as otherwise expressly provided in these Terms,
there shall be no third-party beneficiaries to these Terms.
Entire Agreement
: These Terms, together with the Privacy Policy and any other legal notices
or additional terms and conditions or policies published by 1Ticket on the
Services, shall constitute the entire agreement between you and 1Ticket
concerning the Services. Except as explicitly stated herein, if any
provision of the Terms is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of the Terms, which shall remain in
full force and effect.
Assignment.
We may assign or transfer our rights and obligations under these Terms at
any time, provided that we assign the Terms on the same terms or terms that
are no less advantageous to you. You may not assign or transfer these
Terms, or any of its rights or obligations, without our prior written
consent, which we can refuse in our sole discretion.
No Agency
. No agency, partnership, joint venture, employer-employee or
franchisor-franchisee relationship is intended or created by these Terms or
your use of the Services.
Waiver
: No waiver of any provision of these Terms shall be deemed a further or
continuing waiver of such term or any other term, and 1Ticket's failure to
assert any right or provision under these Terms shall not constitute a
waiver of such right or provision.
Statute of Limitations
: You agree that regardless of any statute or law to the contrary, any
claim arising out of or related to the Services offered therein must
commence within one (1) year after the cause of action accrues. Otherwise,
such cause of action is permanently barred. Notwithstanding the foregoing,
this statute of limitations shall not apply to residents of New Jersey.
Notices
. We shall send notices to you by email to the email address associated
with your Account. Notice to you shall be deemed given 24 hours after the
email is sent, unless we are notified that the email address is invalid.
Alternatively, we may give you legal notice by registered mail to the
postal address associated with your Account. Notices sent to either party
by registered mail shall be deemed to have been received by that party
three days after the date of mailing.
Section Headings
: The section headings in these Terms are for convenience only and have no
legal or contractual effect.
Contact Information
: If you have any questions about these Terms or the Services, please
contact us by email at
support@1ticket.com.