SALES TERMS AND PRIVACY POLICY
TicketOffices.com operates this website located at (“TicketOffices.com Website” or “Website”) and provides a ticket resale marketplace service (“Marketplace Services”), using the platform of a third-party vendor (“Vendor”).
Vendor has a platform that it licenses to TicketOffices.com and performs services related to your purchase. These services include, but are not limited to: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, (iv) providing call center services, and (v) coordinating the delivery of purchased tickets (“Vendor Services”). Vendor does not design or market the Website and its sole relationship with TicketOffices.com is that of independent contractor. Where specified in this Agreement, Vendor is expressly intended to benefit from the agreement and is acknowledged by the parties to be a third-party beneficiary to this agreement.
Website shall be known as “we” or “us.”
By using the TicketOffices.com Website, you agree that these Sales Terms form a binding contract between you and TicketOffices.com (the “Agreement”). Please be aware that TicketOffices.com also has a privacy policy, which is included at the end of these Sales Terms (“Privacy Policy”). You also agree to be bound by the Privacy Policy, which is incorporated into this Agreement by reference. As sufficient consideration for your assent to this Agreement, you are provided (1) access to the Website, (2) the Marketplace Services, and a (3) the Vendor Services. The Marketplace Services and the Vendor Services shall collectively be called the “Services.”
I. Dispute Resolution
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT ARISE BETWEEN YOU ON THE ONE HAND AND TICKETOFFICES.COM, AND/OR VENDOR ON THE OTHER HAND MUST BE RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
Definition of Claims. The term “Claims” shall mean any dispute between you and TicketOffices.com or between you and Vendor related to: i) this Agreement or the Privacy Policy, ii) your use of or access to the TicketOffices.com Website, or iii) the Services.
Attempt at Informal Resolution. Customer satisfaction is TicketOffices.com’s number one goal, and TicketOffices.com is committed to trying to resolve any Claims that may arise. As such, prior to commencing any legal proceeding related to any Claims, you agree to try to resolve any Claims you have by first contacting TicketOffices.com’s Customer Service Department by phone and email at 844-379-0370 and [email protected] respectively.
Mandatory Arbitration. You and TicketOffices.com agree that all Claims that are not resolved through Informal Resolution (as described above) must be resolved exclusively through final and binding arbitration rather than in court, except that you may assert Claims in small claims court as provided below. There is no judge or jury in arbitration. The arbitrator will resolve any and all Claims, including any disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitrator's award will be final and binding, and a judgment on the arbitrator’s award may be entered by a court. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. You, TicketOffices.com, and VENDOR agree to begin any arbitration by submitting a Demand for Arbitration to the AAA. You may choose to have the arbitration conducted by telephone based on written submissions, or if that is not feasible in person in the county where you live, or at a mutually agreed location.
Class Action Waiver. YOU, TICKETOFFICES.COM, AND VENDOR MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION, AND IF THIS WAIVER IS LIMITED, VOIDED OR FOUND TO BE UNENFORCEABLE, THEN THIS AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS ALL PARTIES TO THE CLAIM AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
Payment of Arbitration Fees. Payment of all arbitration fees will be governed by the AAA's rules. However, if the value of the relief you seek is $10,000 or less, at your request, we will pay all arbitration fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration is frivolous or brought for an improper purpose, you agree to reimburse us for all fees associated with the arbitration paid by us.
Limited Exception for Small Claims Actions. Notwithstanding the Mandatory Arbitration provision above, you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which, in California, is a claim of $1,000 or less, excluding costs, interest, and attorney’s fees to the extent available. Governing Law. The parties agree that this Agreement and any Claims that might arise between you on the one hand and TicketOffices.com and/or VENDOR on the other hand shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, USA, exclusive of conflict or choice of law rules. If you chose to pursue Claims in a small claims action, you agree that the small claim action must be filed and pursued only in the California Superior Court for Los Angeles County.
II. Your Representations and Acknowledgments
By using this Website, you accept the terms of this Agreement (as it may be amended from time to time by TicketOffices.com). If you do not accept this Agreement or you do not meet or comply with its provisions, you may not use the TicketOffices.com Website or the Services.
You represent that: (i) you are legally able to enter into this binding contract; (ii) if you are under 18, that you are purchasing tickets under the supervision of a parent or guardian; and (iii) you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of this Website complies with this Agreement and all applicable laws.
Important Note: The Website has the following Key Sales Terms:
i. ticket prices may be above the "face value" listed on the ticket (they may also be below the "face value");
ii. all orders placed on the Website or through the Services are considered requests until you receive confirmation of the availability of the tickets;
iii. when you purchase a ticket, you receive a 100% Guarantee, as detailed below;
iv. all sales are final; there are no cancellations, returns, or exchanges;
v. if an event is cancelled, you will be compensated;
vi. if, for reasons of maintaining social distancing or other safety reasons, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, such relocation will not qualify you for a refund or for other compensation;
vii. if an event is postponed or rescheduled, your order will not qualify for a refund or credit, and your tickets will be valid for the rescheduled date, regardless of the length of time of the postponement or rescheduled date (unless required otherwise by law); and
viii. confirmed orders may be filled with comparable or upgraded tickets.
III. Buying Tickets From Us
Once you have selected tickets for purchase, you will fill out and submit the information requested on the Website, which constitutes an order. This order is an irrevocable offer to purchase the tickets. Once you submit the order, you cannot cancel or retract it. Upon the submission of the order, a hold will be placed on your credit or debit card for the funds necessary to purchase these tickets. You will receive an email promptly after you place your order. Neither of these actions complete the sale. Rather, a completed sale is dependent on the seller's acceptance of the order and notice of confirmation to you that the order is accepted. Upon the seller's acceptance of the order, your credit or debit card used in placing the order will be charged. Please note that the price you pay may be higher than the face value of the tickets. A large number of ticket resellers list their tickets on the Website and we are not responsible for typographical errors within the inventory listed for sale. When an error is found in processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.
IV. Our Promise to You
Our 100% Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or better than the tickets you ordered, and the tickets shall be valid and authentic. Your only recourse under the 100% Guarantee is the return of any payment made in relation to the tickets.
V. No Affiliation
Neither the Website, nor VENDOR is the official box office, or affiliated in any way with any venue, promoter, team, league or organizing group. Neither the Website, nor VENDOR is associated with any official organizer of the events for which tickets are listed. Rather, the TicketOffices.com Website is an independent marketplace for the sale of event tickets on the secondary market and VENDOR is the platform and service provider related to secondary marketplace sales.
VI. Event Details
Event date, times, venue and subject matter may change. We are not always notified of such changes. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. Neither TicketOffices.com nor VENDOR shall be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.
VII. Difficulty with Entry to an Event
If you have difficulty getting into an event using the ticket you purchased through the Website or the Services, you are required to contact us at 844-379-0370 immediately for assistance. If the problem is not resolved, it is your responsibility to obtain proof from the venue of denied entry. Upon receipt of valid proof that the tickets failed to provide you entry, or if TicketOffices.com or Vendor otherwise determines in its sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the cost of the ticket including all fees and delivery charges.
VIII. Lost, Stolen, or Damaged Tickets
Please keep your tickets in a safe place. Neither TicketOffices.com nor VENDOR is responsible for lost, stolen, damaged or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace the tickets. Please note that direct sunlight or heat can damage certain types of tickets.
If you would like us to submit a request to the seller for a re-issue of tickets, the reissue fee is 15% of the order total (maximum of $200.00). If the seller is unable to receive the re-issue of the tickets, you will be refunded the reissue fee.
IX. We May Offer Comparable or Upgraded Tickets
TicketOffices.com reserves the right to replace tickets with comparable or upgraded tickets. When this occurs, TicketOffices.com shall be considered to have fulfilled its obligations under this Agreement. Definitions of "comparable" and "upgraded" are made at the reasonable discretion of TicketOffices.com or VENDOR. Should we fail to deliver any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by law, to the return of any payment made by you in relation to the undelivered ticket. TicketOffices.com and VENDOR reserve the right to cancel and refund your order at any time for any reason.
Due to the large volume of ticket sellers listing tickets, locations, descriptions and pricing of similar or equal tickets may vary. It is the purchaser's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling TicketOffices.com 844-379-0370 before the order is placed.
X. Canceled Events
All sales are final (unless a refund is required by law). However, compensation of the purchase price will be given for cancelled events. If an event is cancelled, we will send emails notifying customers of the cancellation and details on compensation. To qualify for a compensation, you may be required to return your tickets as soon as possible, but within ten (10) business days after you receive notice offering you compensation. If so, no compensation will be given without the original tickets, unless otherwise determined by TicketOffices.com or VENDOR in its sole discretion. Postponed or rescheduled events will not be refunded or credited, regardless of the length of time of the postponement or rescheduled date. TicketOffices.com and VENDOR, in their sole discretion, will determine when an event is cancelled. As a result of public health safeguards necessitated by COVID-19, your tickets and admission to purchased events are subject to required venue safety and health policies. You agree that, as the venue determines as necessary, the venue may continue to update and develop these policies between the time of your purchase and the event date. By using the tickets, you purchased, you agree that you will comply with these policies, and your ability to attend the event is conditioned on this compliance. If you are denied admission to the event, or your admission is revoked, as a result of you willfully failing or refusing to comply with any safety and health policies of the venue, you will not be eligible for compensation from TicketOffices.com. For more information, please see our COVID-19 FAQ page or contact us at [email protected] or 844-379-0370.
If, for reasons of maintaining social distancing or other safety reasons, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, we reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that we deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
XI. Delivery
In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, UPS. Tickets may not ship out immediately. In all cases, tickets may be delivered as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in VENDOR’s sole discretion, Will Call at the venue box office, email (when applicable), courier or pick up at a location outside the venue designated by VENDOR. Delivery designations, such as "e-Tickets" or "Instant Download," do not constitute guarantees of delivery any sooner than the day of the event. Typically, such tickets will be delivered as designated. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the seller. It is your responsibility to contact us if you do not receive tickets within 48 hours of the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by us in our sole discretion.
XII. Payment
As a buyer, you grant Vendor permission to charge your credit or debit card for the purchase of tickets. Visa, MasterCard, Discover, American Express and PayPal are valid payment methods for purchasing tickets.
XIII. Disputed Credit Card Charges
If you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We may also mitigate our damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
XIV. Ticket Holder Behavior Policy
You agree to abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Should you fail to abide by those rules and policies, you shall be subject to all applicable fines and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious consequential, exemplary, incidental, special or punitive damages, including lost profits.
XV. Updates to the Terms of Service
TicketOffices.com may modify the terms of this Agreement by posting a new version, including after you use the TicketOffices.com Website or Services. Any changes to the Agreement will not apply retroactively unless we provide you with written notice (such as by email to your email address of record) of the updated terms, and such changes will apply to any subsequent use of the TicketOffices.com Website or Services. If you do not agree to be bound by the modified terms, you must email us at [email protected] within 14 days of the date of the modification and cease using the Website and Services, in which event the prior version of our terms of service will continue to be binding upon you. Because changes to this Agreement will apply to your subsequent use of the TicketOffices.com Website or Services, you should review the Agreement each time you use the TicketOffices.com Website or the Services. If you do not agree to the modified TicketOffices.com Agreement, you should discontinue your use of the TicketOffices.com Website and the Services. This Agreement may not otherwise be amended.
XVI. Illegal Activity
TicketOffices.com prohibits the use of the Website for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this Website, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the Website for any unlawful or unauthorized purpose.
XVII. Investigations and Consequences
A purchaser who is the subject of a complaint or whom we believe may have violated this Agreement or applicable law will be subject to investigation by us. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by us that we deem necessary to the investigation. If we find, in its sole discretion, a user: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated this Agreement or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that we are unable to authenticate or verify, we may take any action it deems appropriate in its sole discretion, including, but not limited to, canceling orders, issuing a warning, blocking your access to the Website, preventing you from finalizing pending transactions, or exercising any other remedy available to us. You agree that monetary damages may not provide a sufficient remedy to us for violations of this Agreement and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations.
XVIII. Copyright Complaints
TicketOffices.com respects the intellectual property of others. It is TicketOffices.com’s policy to respond to claims of copyright and other intellectual property infringement. TicketOffices.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, TicketOffices.com may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. TicketOffices.com will terminate access for users who are repeat infringers.
Notifying TicketOffices.com of Copyright Infringement: TicketOffices.com’s Copyright Agent for notice of claims of copyright infringement can be reached at: TicketOffices.com, 19266 Coastal Hwy, Unit 40510, Rehoboth Beach, DE 19971. Please send written communication that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing TicketOffices.com with Counter-Notification: If TicketOffices.com removes or disables access to content in response to an infringement notice, TicketOffices.com will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide TicketOffices.com with a counter notification by written communication to TicketOffices.com, 19266 Coastal Hwy, Unit 40510, Rehoboth Beach, DE 19971. Please send written communication that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, TicketOffices.com recommends seeking advice of an attorney.
XIX. License; Our Intellectual Property Rights
TicketOffices.com hereby grants you a limited, terminable, non-exclusive right to access and use the Website only for your use purchasing or selling tickets. Your use of this Website is a privilege and we reserve the right to suspend or terminate that privilege for any reason at any time, in TicketOffices.com’s or VENDOR’s sole discretion. The Website and VENDOR platform, including all Website software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("Our Property") is owned or licensed by TicketOffices.com and/or VENDOR and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the Website. You may not use any of Our Property in connection with any product or service that is not offered by the TicketOffices.com Website or VENDOR in any manner that is likely to cause confusion with respect to VENDOR's or TicketOffices.com’s business, or in any manner that disparages TicketOffices.com, the Website, or VENDOR. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Property without the express written permission of TicketOffices.com or VENDOR. The violation of any applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
XX. Indemnification
You agree to indemnify, defend and hold TicketOffices.com and VENDOR, and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of this Agreement; (b) any allegation that any information you submit or transmit to the TicketOffices.com Website infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this Website; and (e) any claim brought by a third-party (a "Third Party Claim") against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.
XXI. Disclaimers and Limitations on Liability
No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TICKETOFFICES.COM AND VENDOR DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU
XXII. Limitation of Liability
NEITHER TICKETOFFICES.COM, VENDOR, NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VENDOR OR THE SITE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF TICKETOFFICES.COM, VENDOR, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
XXIII. Modification to TicketOffices.com Website
We have the right, in our sole discretion, to modify, suspend or discontinue any part of this Website at any time, with or without notice.
XXIV. Access to the TicketOffices.com Website
We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to the Website.
XXV. Force Majeure
TicketOffices.com shall not be deemed in default or otherwise liable under this Agreement due to its inability to perform its obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.
XXVI. Tax
You are responsible for paying any sales taxes that may be applicable.
XXVII. Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
XXVIII. General Provisions
No agency, partnership, joint venture or other relationship is intended or created by your use of the Website. If any provision of this Agreement is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law. The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
Privacy Policy
Last updated: May 6, 2020
Your access to and use of TicketOffices.com and associated mobile and software applications (“Site”) is governed by this Privacy Policy. PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THE SITE. When you use the Site to browse, search for, and/or buy third-party tickets, you are utilizing a marketplace platform developed and owned by us (“Company,” “we,” “our,” or “us”). You understand that you are using and directing Company to intentionally transfer your personal and other information to and using us to intentionally interact with the Vendor (as defined in our terms of service) and with the respective third-party seller(s) of the tickets listed on our marketplace platform. You further understand that this Privacy Policy only applies to the Site, and not to any content, websites, applications, or other platforms of third parties.
I. How much of my personal information is collected?
• Information You Provide. We collect information from you, such as your name, email address, phone number, and address, when you provide it to us, including as part of ordering tickets through our marketplace platform.
• Transaction Information. We may collect information from you when you place an order through the Site or contact us regarding your order(s), such as your bank account number, credit or debit card number, and information about your purchase. When you click on links or buttons, we may collect information regarding your preferences or other shopping history or tendencies.
• Device/Internet Information. We may automatically gather information from your web browser, internet service provider, and device, depending on your settings, including your IP address, information about your device, and when you access the Site. We may also collect information about your browsing history, your search history, and your interaction with a particular website, application, or advertisement.
• Geolocation Information. We may collect information about where you are located, including if you provide your address or through your IP address.
• Public Content. We may collect information from you that you make public, such as when you post a public review. You should carefully review any information you publicize.
• Inference Information. We may create new information about you by drawing inferences from the above information.
• Other Information. We may collect other information from you, including if you make a claim for a promotion or contact us.
II. When is my personal information collected?
• When you enter information. We collect information you provide to us, public content, transaction information, and geolocation information when you enter such information, including when you make a purchase or otherwise upload content.
• When you communicate. We may collect information you provide, content you make public, transaction information, and geolocation information, including when you contact our customer service department, email us, or otherwise communicate with us.
• Cookies and tracking tools. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser's "help" file. For example, we set a persistent cookie to store your email address, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Site. We collect information contained in cookies, such as your purchases and log in data, to personalize your shopping experience. Your browser must accept cookies if you wish to add items to a shopping cart. We may also use pixels, tags, and cookies set by our third-party advertising partners to track your online behavior and provide personalized ads of interest to you. You can change your cookie settings in your browser; however, some of the features of the Site may not function correctly if you do so. For more information, see https://www.allaboutcookies.org/. In other words, Company uses necessary, preferences, analytics, performance, and advertising cookies, some of which are placed by third parties, to improve the Site and to advertise to users; when you use the Site, your information may be shared with these third parties and vice versa. For example, like many websites, Company uses cookies, including those placed by third parties, to analyze aggregate user behavior and/or deliver targeted ads. You can learn more about cookies and how to manage your preferences and revoke your consent by reviewing these third parties’ privacy policies or by visiting https://www.allaboutcookies.org/.
• Other. We may collect information from other parties to assist with our services; transaction information (such as when you have payment information saved); device information; internet information; and geolocation information.
III. How is my information used?
We may use the information we’ve gathered from you or your device for these purposes:
Business Purposes. We have the following “Business Purposes” which means a use reasonably necessary and proportionate to achieve an operational purpose.
• We use the following information we collect from you to process your payments and purchases: Information You Provide; Transaction Information; Device Connection Information; Geolocation Information.
• We may use the following information to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and prosecute others for misconduct: Information You Provide; Transaction Information; Device Connection Information; Internet Information; Geolocation Information.
• We may use the following information to personalize communications with you, including your requests to us if any; and we also use the following information to notify you of legal updates: Information You Provide; Content You Make Public; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
• We may use the following information to improve our services and Site (for example, we may use information to debug and identify and repair errors that impair existing intended functionality of the Site); and we also use the following information gathered from cookies to allow you to set personal preferences when using the Site: Information You Provide; Content You Make Public; Transaction Information; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
• We may combine the following information with that of other users to create “Aggregate Information,” which is statistical information about users that is pseudonymized and deidentified (aggregate information cannot be used to identify, be related to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer; aggregate information may be used by Company for the Business and Commercial Purposes listed herein): Information You Provide; Content You Make Public; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
Commercial Purposes. We have the following “Commercial Purposes,” which means a use intended to advance our business interests, such as marketing services.
• We may use the following information gathered through cookies and web beacons, to deliver advertising and marketing specific to your personal interests; the purpose of this practice is to deliver content and advertising that is of interest to you and to avoid displaying irrelevant advertising to you: Information You Provide; Content You Make Public; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
• We may create new information about you by drawing inferences from the information identified in the categories listed above, such as to create a profile about you reflecting your preferences: Information You Provide; Content You Make Public; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
IV. How is my information shared?
We may share your information with third parties for the following purposes:
Business Purposes. We may share your personal information for the following Business Purposes, which means a use reasonably necessary and proportionate to achieve an operational purpose of the Company.
• For Security; to Fulfill Orders; to Improve our Services and Site; to Personalize Your Experience; for Aggregate Information. We may share the following information with entities related to our marketplace; these third parties allow our marketplace to operate, including our Vendor (as defined in our terms of service) and the respective third-party seller(s) of the tickets listed on our marketplace platform: Information You Provide; Content You Make Public; Transaction Information; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
• To Comply with Legal Obligations and Prevent Harm to Others. We may disclose the following information in response to subpoenas, court orders, and other legal processes, or if needed for a law enforcement or government investigation: Information You Provide; Content You Make Public; Transaction Information; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
• Security; to Fulfill Orders; to Improve our Services and Site; to Personalize Your Experience; for Aggregate Information. We may share the following information with affiliated entities (affiliated entities are businesses that are directly related to us and have common ownership with us); and should Company be subject to an acquisition, merger, sale, or other change of control or business entity status, we reserve the right to transfer or assign your information as part of that acquisition, merger, or sale: Information You Provide; Content You Make Public; Transaction Information; Device Connection Information; Internet Information; Geolocation Information; Inference Information
• Security; to Fulfill Orders; to Improve our Services and Site; to Personalize Your Experience; for Aggregate Information. We may share the following information with “service providers” (service providers, such as payment processors, allow us to operate the Site, provide services to customers, and communicate with customers): Information You Provide; Content You Make Public; Transaction Information; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
Commercial Purposes. We may share your information for a “Commercial Purpose,” which means a disclosure intended to advance our business interests.
• To Advertise to You and Others, Including through Personalized Ads. We may disclose your personal information as needed to our third-party advertising partners (for example, we may share information gathered through cookies and tracking technology to allow a third party to advertise our products and services to you after you leave the Site); and we may share your reviews and other public content to advertise and market our services and the Site: Information You Provide; Content You Make Public; Device Connection Information; Internet Information; Geolocation Information; Inference Information.
V. Where is my information transferred?
Please note that we are a business based in the United States, and that, even if you are located outside of the United States, your personal information may be transferred to the United States and Canada.
VI. Is my personal information going to be sold?
We do not sell users’ personal information.
VII. How is my information protected?
We protect your personal and account information by using generally accepted industry standards, both during transmission and once we receive it. No method of transmission over the internet or method of electronic storage is 100% secure, however. Therefore, we cannot guarantee the absolute security of your information. Further, the safety and security of your information also depends on you.
VIII. How long will my information be retained?
We retain your information as long as necessary to fulfill the purposes outlined above, unless a longer period is required or permitted by law. If you request that we delete information, your request will be processed pursuant to the timeframes indicated and authorized.
IX. What is the legal basis for use of my personal information?
We only process your information to the extent that is necessary to accomplish the above purposes, which serves as our legitimate interest. If you reside in a location governed by the GDPR, then the following are Company’s legal bases for the processing of your information: Art. 6(1) lit. a GDPR, Art. 6(1) lit. b GDPR, Art. 6(1) lit. c GDPR, Art. 6(1) lit. d GDPR, and Art 6(1) lit. f GDPR.
X. What are my rights regarding my personal information?
You may have a right to request that the personal information we’ve collected from you be corrected, updated, or deleted under certain laws. Please contact us using the contact information given below if you think one of these laws applies to you and you would like to correct, update, or have us delete your personal information. We may take reasonable steps to verify your identity. You may have the right under California law to request that we disclose: (a) categories of personal information we have collected about you, (b) categories of sources from which the personal information is collected, (c) business or commercial purpose for collecting personal information, (d) categories of third parties with whom we share personal information, and (e) specific pieces of personal information we have collected about you.
You may further have the right under California law to request that Company delete any personal information about you which we have collected from you. Further, under California’s “Shine the Light” law, California residents who provide personal information may request certain information regarding our disclosure to third parties for direct marketing purposes. To make a request, please contact us at [email protected] or 844-379-0370.
XI. Does the Site collect the personal information of children?
We do not seek to collect personal information about children through the Site. If we become aware that a person submitting personal information to us through any part of our Site is a child, we delete the information as soon as we discover it and do not use it for any purpose, nor do we disclose it to third parties. Since we do not seek to collect any personal information about children, and we delete any information collected inadvertently as soon as we discover that a child has submitted it, we typically retain no information about children that could be reviewed or deleted. If a parent requests review or deletion of information about their child before we have discovered and deleted the information, then we will, of course, honor that request.
XII. How can I unsubscribe from communications?
By providing your email address to us, you hereby consent to receive emails from us, including advertising messages. Providing consent to marketing messages is not a condition of purchase. You may unsubscribe to marketing emails at any time by clicking the unsubscribe link or contacting us at [email protected] or 844-379-0370.
XIII. Does Company respond to Do Not Track (DNT) Signals?
Company does not respond to DNT requests. DNT is a feature that can send a signal to websites to request that browsing history not be tracked.
XIV. Will this Privacy Policy be updated?
Each time you use the Site, the updated version of this Privacy Policy will apply. Absent your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy.
XV. How can I submit a request regarding this Privacy Policy?
You can contact Company using the information below:
TicketOffices.com
19266 Coastal Hwy., Unit 40510
Rehoboth Beach, DE 19971
[email protected]
844-379-0370