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Last Updated on April 30, 2024 This User Agreement (this “Agreement”), among other things, governs (a) your use of TickPick’s digital ticket marketplace platform (the “Platform”), which includes the TickPick.com website (the “Site”) and TickPick’s mobile application "TickPick" (the “Application”), and (b) your use of the Platform to access, receive, or provide tickets (each a "Service" and collectively, the "Services"). The Platform (including the Site and Application) is owned and operated by TickPick, LLC. References to "you" or “your” throughout this Agreement mean: (i) you as a registered user of the Platform, whether seeking to receive tickets (in such capacity, a “Buyer”) or whether seeking to provide tickets (in such capacity, a “Seller”), or (ii) a visitor or browser of the Site or user of the Application. THE TERMS OF THIS AGREEMENT ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE TickPick PLATFORM. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW THE SECTION TITLED “ARBITRATION” FOR MORE INFORMATION. THIS AGREEMENT LIMITS TickPick’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. By accessing the Platform, clicking on an "I Accept" or "Sign Up" button, completing the registration process, and/or otherwise demonstrating your consent to this Agreement, YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (a) you have read, understand, and agree to be bound by this Agreement, (b) you are of legal age to form a binding contract with TickPick, and (c) you have the authority to enter into this Agreement personally or on behalf of an entity, organization, or company you have named as the user, and to bind such entity to this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Platform or the Services. 1. Updates to the Agreement and the Platform If we change or modify this Agreement, we shall post a revised version which shall automatically replace and supersede the terms of this Agreement and will be effective immediately upon posting. It is important that you review this Agreement whenever this Agreement is updated before continuing to use the Platform. Your continued use of the Platform and the Services following TickPick's posting of a revised Agreement will constitute your acceptance of the revised Agreement. Do not continue to use the Services, or the Platform, if you do not agree with the terms of this Agreement or any revised version of this Agreement. You acknowledge and agree that TickPick may modify (or otherwise discontinue) the Platform (or any portion thereof) in any way and at any time, with or without notice. TickPick shall have no liability for any such change or discontinuance. You further acknowledge and agree that, while TickPick has attempted to provide accurate information on the Platform, such information may change frequently and in no event will TickPick be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date. 2. TickPick Platform The Platform includes (a) access to the Site and Mobile App; (b) facilitation of connections between Buyers and Sellers of tickets; (c) facilitation of payments between Buyers and Sellers for tickets; and (d) customer support and related services for the Site and App. As such, TickPick does not purchase or provide tickets. Buyers understand that such facilitation does not constitute a warranty in relation to the tickets provided by Sellers. By using the Platform, you understand and acknowledge that Sellers and Buyers are independent third parties, and not employees, agents, joint venturers, or partners of TickPick. TickPick has no responsibility or liability for the acts or omissions of any Buyers or Sellers (including any tickets provided by Sellers). We want you to buy your tickets with confidence. All eligible purchases are covered by TickPick’s BuyerTrust Guarantee. You must provide all equipment and software necessary to connect to the Platform, including but not limited to, a mobile device that is suitable to connect with and use the Platform, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Platform. If you are a Seller that is not part of our Large Seller program, your activities are governed by and subject to our Supplemental Terms for Sellers. 3. Personal Information TickPick’s collection and use of personal information in connection with the Platform is defined and described in TickPick’s privacy policy located here, which may be amended from time to time (“Privacy Policy”). TickPick’s Privacy Policy is incorporated into and forms part of this Agreement. TickPick will not use or distribute your private information except in accordance with our Privacy Policy. By using the Platform, you agree not to use or provide any false personal information or use an invalid or unauthorized credit or debit card. Additionally, you agree not to use or permit anyone to use information provided through the Platform for any unlawful or unauthorized purpose. 4. Registering an Account In order to use certain aspects of the Platform, you may be required to register for and maintain an active personal account with TickPick (an “Account”). To register for an Account, you must: (a) provide true, accurate and complete data that is requested, which may include your legal and current name and address, your phone number, an active email address, a valid credit or debit card, and other information requested at registration; (b) provide a valid credit card or payment type (Visa, MasterCard, or any other issuer accepted by TickPick) (“Payment Method”); and (c) agree to accept the terms and conditions of this Agreement. You agree to keep current the information you provided upon registration. You agree to not create an account using a false identity or information or on behalf of anyone other than yourself (and you agree that violation of the foregoing will result in a fee of not less than $50,000). You may only use the Platform if you are legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of a parent or guardian. If you are a parent or guardian of a child or minor ward under the age of 18 (or the age of legal majority in your jurisdiction), by allowing your child or minor ward to obtain an Account or use the Platform, you as the parent or guardian are subject to this Agreement and are fully liable and responsible for your child’s or minor ward’s activities (including any activities relating to their Account or use of the Platform). You agree not to create an Account if you have been previously banned from the Platform or are barred from using the Platform under the laws of the United States. We may refuse your registration for any reason. 4.1 Social Networking Services; Third Party Accounts If you access the Platform through a social networking service (“SNS”) as part of the functionality of the Platform and/or the Services, you may link your Account with third-party accounts by allowing TickPick to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You agree to not have more than one third-party account per platform or SNS at any given time. We are not responsible for any interaction between you and your third-party account or any information that is transmitted between the Platform and such third party-account. You represent that you are entitled to disclose your third-party account login information to TickPick and/or grant TickPick access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating TickPick to pay any fees or making TickPick subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TickPick DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You will be responsible for the absolute confidentiality and careful use of your username and password, and for all activities (including, without limitation, purchases) that are conducted through your Account, whether or not you were the individual conducting such activities. We will not be liable for any harm (including, without limitation, monetary loss, lost tickets, or stolen tickets) related to the disclosure of (including, without limitation, the failure to maintain the absolute confidentiality of) your username or password or, in any case, the use by anyone else of your username or password. You will immediately notify us in writing if you discover any unauthorized use of your Account or other Account-related security breach. 5. License Subject to your continued compliance with this Agreement, TickPick grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Site and Application solely for your personal use in connection with your provision or receipt of the Services; (b) download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal purposes; and (c) access and view any content, information and related materials that may be made available through the Site or Application solely in connection with clause (a) and (b). Any rights not expressly granted herein are reserved by TickPick. 6. User Conduct 6.1 Unauthorized Use or Access: You agree that you will not, under any circumstances: (a) Interfere or attempt to interfere with the proper functioning of the Platform or connect to or use the Platform in any way not expressly permitted by this Agreement;
(b) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame the Platform, or any individual element within the Platform, TickPick's name, any TickPick trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TickPick's express written consent;
(d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Platform or that is in transit from or to the Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Platform;
(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Platform, whether through the use of a network analyzer, packet sniffer or other device;
(f) Make any automated use of the Platform, or take any action that imposes or may impose (in TickPick's sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Platform;
(g) Bypass any robot exclusion headers or other measures TickPick takes to restrict access to the Platform, or use any software, technology or device to send content or messages, scrape, spider or crawl the Platform, or harvest or manipulate data;
(h) Use, facilitate, create, or maintain any unauthorized connection to the Platform, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Platform; or (ii) any connection using programs, tools or software not expressly approved by TickPick;
(i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform, or to obtain any information from the Platform;
(j) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) Solicit or attempt to solicit personal information from other Users of the Platform or otherwise submit or include any personal contact information or other personal information of a third party;
(l) Use the Platform to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(m) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information; or
(n) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"). 6.2 General: In connection with your use of the Platform, you shall not: (a) Harm any other person in any way (including, but not limited to, submitting or posting any content or information that is libelous, defamatory, derogatory, intimidating, discriminatory, or otherwise objectionable regarding any other person);
(b) Impersonate any person or entity, including, but not limited to, TickPick personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(d) Register for more than one account or register for an account on behalf of an individual other than yourself;
(e) Stalk or otherwise harass any other user or employee of our the Platform;
(f) Contact of TickPick personnel through their social media, personal email or cell phone;
(g) Submit or include links in any postings containing material that is harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes or contains the image or likeness of individuals under 18 years of age, drugs or drug use, or violence; or
(h) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section; 7. Blocking of Accounts, Delay or Refusal of Payment Transactions TickPick reserves the right to take any actions it deems appropriate or reasonable (including temporarily or permanently suspending your Account, to delay or refuse payment transactions to and from your Account, to cancel any order, or otherwise restrict its functionality) if: (a) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us;
(b) Required to fulfill our legal obligations in relation to the fight against money laundering and financing of terrorism;
(c) There is suspicion of unauthorized or fraudulent access to or use of your Account or that any of its security features have been compromised;
(d) TickPick has reasonable grounds to believe you are carrying out a prohibited or illegal activity;
(e) TickPick is unable to verify your or your business' identity or any other information pertaining to you, your Account or a payment transaction; or
(f) You have otherwise breached any of the terms or conditions in this Agreement.
TickPick will notify you via email of the suspension or restriction and the reasons for it, where possible, before such measures take place and at the latest immediately thereafter, unless prevented from doing so for security reasons or by law. TickPick will reinstate your TickPick account or execute the payment transaction as soon as practicable after the reasons listed in this section no longer apply. 8. App Stores The following additional terms apply to the Application where the Application is accessed through or downloaded from a third party mobile application marketplace, such as the Apple App Store or Google Play (the “App Store”). You acknowledge and agree that: (a) This Agreement is between you and TickPick and not with The App Store, and TickPick (not The App Store) is solely responsible for the Application.
(b) The App Store has no obligation to furnish any maintenance and support services with respect to the Application.
(c) In the event of any failure of the Application to conform to any applicable warranty, you may notify The App Store, and The App Store will refund the purchase price for the Application to you (if any) and, to the maximum extent permitted by applicable law, The App Store will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TickPick.
(d) The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
 (e) In the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, TickPick will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) The App Store and its affiliates are third-party beneficiaries of this Agreement as related to your license to the Application, and that, upon your acceptance of this Agreement, The App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country;
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(iii) you are not an individual or associated with an entity designated under the UK’s Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and
(iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances. (h) You must also comply with all applicable third-party terms of service when using the Application. 9.Buyers: Finding Tickets and Placing Orders 9.1 Fees To purchase tickets, a Buyer may search for events and/or browse TickPick's listings for tickets via the Platform. If you purchase tickets on the Platform, you understand that such purchase will result in fees, charges, and other expenses to you for such tickets (“Fees”), which may include, among other things, (a) the price for the tickets (the “Ticket Fees”) and (b) platform, transaction, or other commissions or related fees for using the Platform (“Transaction Fees”). All payments for Fees will be processed by TickPick and/or its payment processor, using your Payment Method. When you purchase any tickets on the Platform, you are solely responsible for payment of the Fees and any additional fees or charges that may be incurred from your bank, card issuer, or financial institution. By committing to the purchase, you are entering into a binding contract with the Seller to purchase the selected tickets. All such purchases are final and, once placed, cannot be cancelled or retracted by the Buyer. However, placing an order does not complete the sale; a sale is only completed once it has been confirmed by the Seller. In all cases, the submission and confirmation of orders are transactions between Buyers and Sellers only. When an order is placed, it can take up to forty-eight (48) hours for the acceptance of that sale to be confirmed. 9.2 Payment The Buyer's Payment Method is not charged until the Buyer's order is confirmed by the Seller. However, when a Buyer places an order, we obtain an authorization from the Buyer's card provider for the full order amount, which is equal to the total purchase price displayed to the Buyer at the completion of the purchasing process. The authorization remains on the Buyer's Payment Method until the sale is completed when the Seller confirms the order or the order is cancelled. Although an authorization is not a charge, debit card providers will place a hold on funds when an authorization is obtained by TickPick. In all cases, TickPick is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's Payment Method when the Buyer places an order. As a Buyer, you grant TickPick permission to charge your Payment Method for the purchase of tickets. The terms of your Payment Method agreement governs your use of the Payment Method, and you must refer to those terms and not this Agreement to determine your rights and liabilities. By providing TickPick with your Payment Method, you agree that TickPick is authorized to immediately invoice your Account for all Fees due and payable to TickPick hereunder and that no additional notice or consent is required. You agree to immediately notify TickPick of any change in the details of your Payment Method. It is your responsibility to keep your billing information up to date. You must notify TickPick in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be sent to the following address: [email protected] As a Buyer, you may have an option to purchase tickets through a flexible payment provider identified on the TickPick Platform. Such flexible payment provider may facilitate a payment plan for your tickets. By using the payment plan, you are agreeing to allow the flexible payment provider to process your Payment Method for the dollar amounts on the schedule that you have selected. If the Payment Method expires or lacks the necessary funds during your plan, it is your responsibility to update it prior to the next payment or risk order cancellation and fees. Additionally, by purchasing tickets through the flexible payment provider, you are also agreeing to the terms and conditions of the flexible payment provider. It is your responsibility to read and understand such terms. TickPick is not responsible for any fees or failure to receive tickets as a result of your failure to comply with the terms of the flexible payment provider. 9.3 Purchase of Tickets After a Buyer places an order to purchase tickets, it is possible that the Seller no longer has the tickets available for sale. In this case, the Buyer's Payment Method will not be charged and the sale will be cancelled. Upon the Seller confirming the sale, the Buyer is guaranteed to receive the tickets in time for the event. However, Buyer understands that once an order is confirmed, the delivery and shipment of tickets is the responsibility of the Seller. TickPick cannot guarantee the method or time of the delivery for a given sale, only that the tickets will be delivered in time for the event. TickPick does not control, and has no right to control, the Seller’s delivery and/or shipment of tickets. 9.4: Seat Views/Quality and Ticket Details The seat views provided by TickPick for a given section reflects the view from that location in general and is not specific to any one ticket listing within that section. TickPick is not responsible for the quality of the specific seat or for the seat location if the venue changes the seating configuration or layout. Tickets may be substituted with comparable or better seat locations by the Seller. Actual seat and row numbers may vary from those purchased on the Platform. It is at TickPick’s sole determination whether substituted tickets are comparable or better seat locations. Additionally, TickPick does not guarantee any information provided by any Sellers in the “Seller Notes” area of the ticket listings. Event dates, times, venues, and performers, which are listed on the ticket, may change. It is the responsibility of the Buyer to verify the most recent details for an event. Please contact the box office or refer to local listings for any changes. TickPick is not responsible for these changes or for partial performances and as such, no refunds or credits will be issued. Unless otherwise expressly stated by TickPick, the display of any tickets or sellers on our website does not in any way imply, suggest or constitute an endorsement by us of those tickets or that seller, or any sponsorship of us by such seller, or any other affiliation between such seller and us. 9.5 Ticket Prices The face value printed on the ticket and/or the original price of the ticket may not be the same as the purchased price or the cost of the transaction. Ticket prices are set by the Seller. TickPick does not own ticket inventory or set ticket prices. As a result, the ticket prices listed may be higher or lower than the price printed on and/or the original price of the ticket. The face value for a ticket available for sale may be provided on the Platform, in accordance with applicable law. In those instances, we can only provide the face value the Seller provides to TickPick. TickPick cannot assess or guarantee the truthfulness or accuracy of such information provided by Seller. Buyers should be aware that ticket prices for live events continue to fluctuate on the open market. It is possible that prices of similar seats will change over time; if the prices of similar tickets increase prior to the event, you will not be charged more. Conversely, if the price of similar tickets decreases prior to the event, no credits, refunds or upgrades will be given for tickets previously purchased. TickPick will never charge more than what you have authorized. All prices are listed in U.S. dollars. In some instances, a Price Freeze may be applicable to ticket prices, as set forth in the Price Freeze Terms and Conditions available here, which are incorporated into and form a part of this Agreement. 9.6 BestPrice Guarantee TickPick offers a BestPrice Guarantee to the Buyer for qualifying purchases, which is incorporated into and forms a part of this Agreement. This guarantee takes effect only after the Seller has confirmed acceptance and the Buyer's Payment Method has been charged. The instructions for submitting a BestPrice Guarantee Claim are available here. Any claims submitted for the BestPrice Guarantee must meet all the conditions set by TickPick to be eligible to receive any credit, including, without limitation, the following: (a) The lower price is based on the final checkout page price on a ticket marketplace other than TickPick. When taking your screenshot, please ensure it displays all fees and taxes. Taxes are not included when comparing the pricing of tickets;
(b) The lower price must be found and screenshot with a timestamp within 30 minutes of your purchase with TickPick;
(c) The lower price you found must be for the same event, the same date(s), and the same section, row, and quantity that you purchased on TickPick;
(d) The lower price must be available to the general public. AARP rates, AAA rates, military rates, corporate rates, etc, do not apply;
(e) Various prices are not valid as a “lower price” for this BestPrice Guarantee, including but not limited to:
(i) Prices offered through loyalty programs or membership programs (in each case, paid or unpaid), through contests or as a part of a travel package;
(ii) Prices that require a login, credit card number, or code to view;
(iii) Prices that are not bookable, such as some advertisements;
(iv) Prices offered through government programs or offers;
(v) Prices obtained through the usage of promo or coupon;
(vi) Prices obtained as part of a lottery, rush program, or similar promotion;
(vii) Prices from apps or websites where you don’t know the event until after booking, prices from websites/apps where you name your own price, and prices you must call in for;
(viii) Prices from professional ticket resellers (those who buy and sell tickets on a regular basis, as determined by TickPick in its sole discretion);
(ix) Credit issued as part of a claim expire 365 days after issuance if they are not used; and
(x) Prices that are reflective of unauthorized reselling of a confirmed ticket reservation made in someone else’s name;
 (f) TickPick may deny any suspicious or fraudulent claims.
(g) The BestPrice Guarantee does not apply in the event of disasters, acts of terrorism, or other events outside of TickPick’s control.
(h) TickPick caps the amount of TickPick Credit(s) that can be issued as part of a claim at $200.
 Under its sole discretion, TickPick reserves the right to deny any BestPrice Guarantee Claim due to any failure to follow instructions provided by TickPick, including the provision of any inaccurate information associated with your claim. 9.7 Ticket Discrepancies Subsequent to the receipt of tickets, it is the Buyer's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price by calling TickPick as soon as possible following the discovery of such a discrepancy. Use of a ticket without reporting a discrepancy to TickPick constitutes acceptance of the ticket as is, notwithstanding any inconsistency with the Seller's listing and the actual ticket. As noted in our BuyerTrust Guarantee, which is incorporated into and forms a part of this Agreement, if there are any issues or discrepancies with the tickets that you receive from what you purchased, TickPick may, at its sole discretion, find comparable or better replacement tickets. If replacement tickets cannot be found or are not available at a comparable price, TickPick reserves the right to cancel the order and refund to you the full purchase price. We may require that you return to us the tickets you initially received. If a Seller notifies TickPick of a pricing error when listing tickets for sale, TickPick will use their sole discretion to decide whether it is appropriate to cancel a sale and excuse the seller from fulfilling the sale. This is most commonly caused when a seller forgets a digit (ex: $40 vs $140) or reverses the digits (ex: $260 vs $620) when setting the price on a listing but can be the result of other errors as well. In these cases, whether an order is confirmed or not, TickPick in its sole discretion, reserves the right to cancel the sale and provide the Buyer with a credit or refund. 9.8: Right to Cancel Transaction. In certain circumstances, we may cancel a ticket transaction (whether a purchase, listing, and/or transfer) without notice and return the tickets to the Seller or to the individual who held the tickets prior to the completion of the transaction. Such circumstances include, but are not limited to, the following: (a) if an event is canceled without being rescheduled;
(b) if the Buyer’s Payment Method does not remit payment;
(c) if we suspect, in our sole discretion, unauthorized or fraudulent use of a Buyer, Seller, and/or transferee’s account with us;
(d) if a Buyer, Seller, and/or transferee breaches these Terms of Use;
(e) if we deem, in our sole discretion, that a ticket transaction violates the law;
(f) if there is an error in the pricing of a ticket offered for sale through the TickPick Platform; and/or
(g) if we believe, in our sole discretion, that a Buyer, Seller, and/or transferee has otherwise engaged in inappropriate conduct in connection with a ticket transaction.
9.9: Attending Events When attending an event, you may be required to sign a waiver or other legal document to gain access to the venue by the venue or event organizer or such party’s agent. By purchasing tickets from TickPick, you understand that you may be denied entry if you do not sign such waiver. We encourage the purchase of travel insurance for any event. If you are not permitted into an event, or are otherwise unable to attend an event, for any reason other than due to the invalidity of the tickets you receive, TickPick is not responsible, and you will not qualify for a refund or any other form of compensation. TickPick has no obligation to credit or refund (and will not credit or refund) incidental expenses that you have incurred relating to your plans to attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or rental car costs. 10. Text Message Policy By creating an Account or otherwise giving TickPick any contact information, you agree to accept and receive communications from TickPick, including via email, text message, calls, and push notifications to the cellular telephone number you provided to TickPick. These communications may include transactional and purchase related communications relating to your use of the Platform or the provision or receipt of Services. Message and data rates may apply. Some of our Services may allow you to receive SMS, MMS, or other text message notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages (marketing and/or transactional Text Messages depending on your selection) from us sent directly to your mobile phone, the following terms apply: You agree to receive recurring automated marketing and/or informational and transactional Text Messages from TickPick, including Text Messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing and/or transactional Text Messages is not a condition of any purchase. Your mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text Message correspondence. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will TickPick or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt-out of receiving any further Text Messages from us by replying "STOP" to any Text Message you receive from us. Message frequency will vary. TickPick reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TickPick also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TickPick, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. For additional information, please visit our Privacy Policy. 11. Event Cancellation, Postponement, or Rescheduling If an event is cancelled and not postponed or rescheduled, we will provide a Credit (defined below) or refund to Buyer, as determined in TickPick's sole discretion (except to the extent a refund is required by law), for the full Fee paid by Buyer for the respective tickets. Tickets must be returned by Buyer, in the manner and within the timeline as directed by TickPick, to obtain a Credit or refund. If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be reissued for most rescheduled or postponed events. Credits, refunds or exchanges will not be made for postponed or rescheduled events. TickPick assumes no responsibility for the actions of any event organizing body when an event or tickets is cancelled, postponed or rescheduled. 12. Credits TickPick may offer promotional codes, discount credits, or other types of credits (“Credits”). Credits can only be used with a registered Account. Credits will expire as stated in the offer. If no expiration term is stated, Credits will expire no later than one year after issuance. Credits are for one-time use only and may not be copied, reproduced, distributed, or published either directly or indirectly in any form. TickPick reserves the right to deactivate any unused Credits for any reason. If you are given a choice between a refund or a Credit, once that decision has been made it cannot be switched. In some instances, a Credit Boost may be available as set forth in the Credit Boost Terms available here, which are incorporated into and form a part of this Agreement. 13. Taxes TickPick collects and remits sales tax in accordance with applicable regulatory requirements. Sales tax is identified separately on purchases by consumers. If any Services, or payments for any Services or tickets, under this Agreement is subject to any tax in any jurisdiction, you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority, and you will indemnify TickPick for any liability, penalties, interest or expense we may incur in connection with such sales taxes. Upon TickPick’s request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. You further agree to make all payments to TickPick free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to TickPick will be your sole responsibility. 14. Third Party Payment Processor You acknowledge and agree that any processing or collection of Fees by TickPick may be subcontracted or delegated to a third party payment processor selected by TickPick. Currently, TickPick uses Braintree for payment processing services. By using the Braintree (a division of PayPal, Inc.) payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement currently available at https://www.braintreepayments.com/legal/cea-wells. 15. Ownership The Platform and its contents, features, and functionality (including, but not limited to, any content, text, images, software, databases, graphics, code, compilation, and the design, selection, and arrangement thereof) are owned by TickPick, its licensors, or other third party providers and are protected by United States copyright, trademark, and other intellectual property laws. You are not permitted to copy, redistribute, publish, use, or take any other action with respect to the Platform (or any portion thereof) except for the limited usage rights granted to you in the Section titled “License, Use and Restrictions for Platform”. You further acknowledge that you do not acquire any ownership or other rights to the Platform (including any content, text, images, software, graphics, code, compilation, or the design, selection, or arrangement thereof) by using the Platform. For the avoidance of doubt, TickPick’s name, trademarks, logos, and all related names, logos, products, services, offerings, designs, and slogans shall be deemed the property of TickPick, and you must not use any of the foregoing without the prior written consent of TickPick. You agree that submission of any ideas, suggestions, documents, and/or proposals to TickPick through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that TickPick has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TickPick a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform. 16. Indemnification YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TickPick, 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, LITIGATION, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, TAXES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF LITIGATION), AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (A) PERSONAL INJURY, BODILY INJURY (INCLUDING FATAL INJURY TO), OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO A SELLER’S PROPERTY) (B) ANY BREACH OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO TickPick; (C) ANY TRANSMITTED INFORMATION, INCLUDING WITHOUT LIMITATION ANY ALLEGATION THAT ANY INFORMATION YOU SUBMIT OR TRANSMIT TO OR THROUGH THE PLATFORM INFRINGES ON 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 TickPick; (D) YOUR ACTIVITIES IN CONNECTION WITH THE USE OF THE PLATFORM (INCLUDING ANY MISUSE, UNAUTHORIZED USE, OR NEGLIGENT USE THEREOF); (E) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY, INCLUDING ANY END USERS OF THE SERVICES; (F) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; AND/OR (G) ANY DISPUTES OR CLAIMS BETWEEN YOU AND ANY OTHER USER. TickPick RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH TickPick IN ASSERTING ANY AVAILABLE DEFENSES. 17. International Users TickPick can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that TickPick intends to announce such Services in your country. TickPick's marketplace is controlled and offered by TickPick from its facilities in the United States of America. TickPick makes no representations that TickPick is appropriate or available for use in other locations. Those who access or use TickPick from other countries do so at their own volition and are responsible for compliance with local law. 18. DISCLAIMERS AND LIMITATIONS ON LIABILITY TickPick shall use commercially reasonable efforts to provide continuous access to the Platform pursuant to this Agreement. TickPick does not guarantee that the Platform will be accessible at all times. The Platform may be unavailable during maintenance periods or during any emergency. In addition to normal maintenance, there may be events that will make the Platform inaccessible for a limited amount of time due to unforeseen circumstances. TickPick reserves the right to change your password if TickPick believes it is not secure. TickPick has the right to refuse access to the Platform. TickPick has the right to cease offering the Platform (or any portion thereof) at any time and in TickPick’s sole discretion. NO WARRANTIES: EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, THE PLATFORM, THE MATERIALS CONTAINED ON OR IN THE PLATFORM, AND ANY TICKET OR SERVICE OBTAINED THROUGH THE PLATFORM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TickPick DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE PLATFORM, 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. TickPick DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE THEREON. TickPick IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOUR USE OF THE PLATFORM AND ANY MATERIALS PROVIDED THROUGH THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO LIABILITY FOR CONDUCT OF THIRD PARTIES: YOU ACKNOWLEDGE AND AGREE THAT TickPick IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TickPick LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH ATTENDING ANY EVENTS (INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY THAT MAY OCCUR THAT IS INCIDENTAL TO THE EVENT FOR WHICH THE TICKET WAS PURCHASED). NO LIABILITY FOR CONDUCT OF OTHER USERS (OR TICKETS): YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT TickPick DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF THE PLATFORM. ANY TICKETS PURCHASED OR SOLD THROUGH THE PLATFORM ARE AT YOUR OWN RISK AND TickPick WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR SUCH TICKETS (INCLUDING ANY FAILURE OF ANY BUYER OR SELLER TO COMPLETE A TRANSACTION OR TO BUY OR SELL A VALID TICKET). TickPick MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY TICKET IS VALID, THAT ANY BUYER WILL PAY FOR A TICKET, THAT ANY SELLER WILL SELL A VALID TICKET, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION. LIMITATION OF TYPES AND AMOUNTS OF LIABILITY: EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, NEITHER TickPick 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 PLATFORM, THE MATERIALS ON THE PLATFORM, OR ANY TICKET OR SERVICE OBTAINED THROUGH THE PLATFORM. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TickPick AND ANY OTHER “INDEMNIFIED PARTY” SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY ACTION OF ANOTHER USER OF THE PLATFORM; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TickPick; (C) ANY UNAUTHORIZED ACCESS; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (F) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM); AND/OR (G) ANY LOST, STOLEN, OR DAMAGED TICKETS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, TickPick’S AGGREGATE LIABILITY TO YOU AND TO ANY THIRD PARTY RELATING TO THIS AGREEMENT (INCLUDING ANY USAGE BY YOU OF THE PLATFORM OR ANY TRANSACTIONS CONDUCTED BY YOU THROUGH THE PLATFORM) SHALL BE LIMITED TO THE GREATER OF (A) $100 AND (B) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT, EVENT, OR OCCURRENCE GIVING RISE TO THE LIABILITY CLAIM. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS. EXCEPT FOR TickPick'S OBLIGATIONS WITH RESPECT TO YOUR PERSONAL DATA AS SET FORTH IN TickPick'S PRIVACY POLICY, TickPick ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TickPick AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH OF THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TickPick THROUGH THE PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. 19. Disputes If any claim, cause of action, controversy, proceeding, or other dispute arises between you and TickPick relating to this Agreement or the Platform (a “Dispute”), you agree to first give notice to TickPick and engage in good faith negotiations to attempt to resolve any such Dispute for at least 14 days, except that you or TickPick may skip this informal negotiation procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights. 20. ARBITRATION THIS SECTION TITLED “ARBITRATION” SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND TickPick. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TickPick AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 20.1 INFORMAL DISPUTE RESOLUTION. YOU AGREE TO GIVE TickPick AN OPPORTUNITY TO RESOLVE ANY DISPUTES INFORMALLY BY SENDING TickPick WRITTEN NOTICE. IF YOU ASSERT A DISPUTE AGAINST TickPick, YOU WILL FIRST CONTACT TickPick BY SENDING WRITTEN NOTICE (“CLAIMANT NOTICE”) TO [email protected]. THE CLAIMANT NOTICE MUST (I) INCLUDE YOUR NAME, ADDRESS, USER NAME (IF ANY), EMAIL ADDRESS YOU USED TO SET UP YOUR ACCOUNT (IF ANY), AND TELEPHONE NUMBER; (II) DESCRIBE THE NATURE AND BASIS OF THE DISPUTE; AND (III) SET FORTH THE SPECIFIC RELIEF SOUGHT. YOU AGREE TO GIVE TickPick AN OPPORTUNITY TO RESOLVE ANY DISPUTE THROUGH AN INFORMAL DISPUTE RESOLUTION PROCESS WITHIN SIXTY (60) DAYS AFTER RECEIPT OF A CLAIMANT NOTICE. IF WE CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN SIXTY (60) DAYS AFTER EMAIL RECEIPT OF A CLAIMANT NOTICE, THEN YOU SHALL HAVE THE RIGHT TO SUBMIT THE DISPUTE TO BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS SET FORTH BELOW. THE STATUTE OF LIMITATIONS AND ANY FILING FEE DEADLINES SHALL BE TOLLED FOR SIXTY (60) DAYS FROM THE DATE THAT EITHER YOU OR TickPick RECEIVE A CLAIMANT OR TickPick NOTICE SO THAT THE PARTIES CAN ENGAGE IN THIS INFORMAL DISPUTE RESOLUTION PROCESS. 20.2 APPLICABILITY OF ARBITRATION AGREEMENT: SUBJECT TO SECTION 20.1, YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE TickPick, TO ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE TickPick, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH TickPick, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT (A) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY; AND (B) YOU OR TickPick MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS, COPYRIGHTS, AND PATENTS). THIS ARBITRATION AGREEMENT SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT OR ANY PRIOR VERSION OF THIS AGREEMENT. 20.3 ARBITRATION RULES AND FORUM: SUBJECT TO SECTION 20.1, THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. THE ARBITRATION WILL BE CONDUCTED BY JAMS, AN ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER. DISPUTES INVOLVING CLAIMS AND COUNTERCLAIMS UNDER $250,000, NOT INCLUSIVE OF ATTORNEYS' FEES AND INTEREST, SHALL BE SUBJECT TO JAMS'S MOST CURRENT VERSION OF THE STREAMLINED ARBITRATION RULES AND PROCEDURES AVAILABLE AT HTTP://WWW.JAMSADR.COM/RULES-STREAMLINED-ARBITRATION/; ALL OTHER CLAIMS SHALL BE SUBJECT TO JAMS'S MOST CURRENT VERSION OF THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AVAILABLE AT HTTP://WWW.JAMSADR.COM/RULES-COMPREHENSIVE-ARBITRATION/. JAMS'S RULES ARE ALSO AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT 800-352-5267. IF JAMS IS NOT AVAILABLE TO ARBITRATE, THE PARTIES WILL SELECT AN ALTERNATIVE ARBITRAL FORUM. IF THE ARBITRATOR FINDS THAT YOU CANNOT AFFORD TO PAY JAMS'S FILING, ADMINISTRATIVE, HEARING AND/OR OTHER FEES AND CANNOT OBTAIN A WAIVER FROM JAMS, TickPick WILL PAY THEM FOR YOU. IN ADDITION, TickPick WILL REIMBURSE ALL SUCH JAMS'S FILING, ADMINISTRATIVE, HEARING AND/OR OTHER FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN THE COUNTRY WHERE YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. 20.4 AUTHORITY OF ARBITRATOR: SUBJECT TO SECTION 20.1, THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO (A) DETERMINE THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT AND (B) RESOLVE ANY DISPUTE RELATED TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS ARBITRATION AGREEMENT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE. THE ARBITRATION WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND TickPick. THE ARBITRATION PROCEEDING WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE ARBITRAL FORUM'S RULES, AND THIS AGREEMENT (INCLUDING THE ARBITRATION AGREEMENT). THE ARBITRATOR SHALL ISSUE A WRITTEN AWARD AND STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED, INCLUDING THE CALCULATION OF ANY DAMAGES AWARDED. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. THE AWARD OF THE ARBITRATOR IS FINAL AND BINDING UPON YOU AND US. 20.5 WAIVER OF JURY TRIAL: YOU AND TickPick HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND TickPick ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCESS AND, WHERE APPLICABLE, ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 20.2 ABOVE. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THIS AGREEMENT AS A COURT WOULD. HOWEVER, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW. 20.6 WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. IF A DECISION IS ISSUED STATING THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SUBSECTION'S LIMITATIONS AS TO A GIVEN CLAIM FOR RELIEF, THAN THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK. ALL OTHER CLAIMS SHALL BE ARBITRATED. 20.7 30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: TickPick LEGAL DEPARTMENT, 225 W 34TH ST, STE 1708, NEW YORK, NY 10122, WITHIN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS, YOUR TickPick USERNAME (IF ANY), THE EMAIL ADDRESS YOU USED TO SET UP YOUR TickPick ACCOUNT (IF YOU HAVE ONE), AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH US. 20.8 SEVERABILITY: EXCEPT AS PROVIDED IN SUBSECTION 20.6, IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND UNDER THE LAW TO BE INVALID OR UNENFORCEABLE, THEN SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED AND THE REMAINDER OF THE ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. 20.9 SURVIVAL OF AGREEMENT: THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH TickPick. 20.10 MODIFICATION: NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, WE AGREE THAT IF TickPick MAKES ANY FUTURE MATERIAL CHANGE TO THIS ARBITRATION AGREEMENT, YOU MAY REJECT THAT CHANGE WITHIN THIRTY (30) DAYS OF SUCH CHANGE BECOMING EFFECTIVE BY WRITING TickPick AT THE FOLLOWING ADDRESS: TickPick LEGAL DEPARTMENT, 225 W 34TH ST, STE 1708, NEW YORK, NY 10122. 21. Claims of Copyright Infringement on the Platform It is TickPick's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, TickPick will respond expeditiously to claims of copyright infringement committed using the Site that are reported to TickPick's Designated Copyright Agent, identified below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement ("Notice") and delivering it to TickPick's Designated Copyright Agent. Upon receipt of the Notice as described below, TickPick will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform. If TickPick removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. TickPick may also send a complete copy of the Notice to users where appropriate. You can submit a Notice by sending the following information to our Designated Copyright Agent: 1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (A) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found, and (B) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the website where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature. If the work you identified is an image, you can ask TickPick to remove all copies of the image identified in your request by clearly specifying in the beginning of your email that you are requesting that TickPick "remove all User Content containing the image". Please note that only identical copies of the image file can be removed by this function. If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function. Deliver this Notice, with all items completed, to TickPick's Designated Copyright Agent:
 TickPick Copyright Agent
225 W 34TH ST, STE 1708
New York, NY 10122
Telephone +1 845-538-4567
Email: [email protected] Note: This email address should only be used for copyright complaints. If you need to contact TickPick for any other reason, please email us at [email protected]. If you receive a notification that your User Content has been removed due a copyright complaint, it means that the User Content has been deleted from TickPick at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, contact us at [email protected] and we will provide you with this information (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to submit User Content on TickPick, and your account may be disabled completely. If you believe User Content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account's record. Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error and understand the repercussions of submitting a false claim. How to File a Counter-Notice: TickPick is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, or any NBA, NFL, MLB, or NHL team. All product and company names that can be seen herein are trademarks or registered trademarks of their respective holders and are not otherwise associated with TickPick. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com. 22. ADA Terms & Conditions Tickets for accessible seats (i.e., seats to accommodate wheelchairs and companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a ticket for an accessible seat, you represent and warrant that either you and/or one or more of your companions require the accessible seat features. TickPick reserves the right to investigate and/or cancel orders if there is any suspected misuse of accessible seating and take legal action against individuals who fraudulently purchase tickets for accessible seats. In addition, the venue where the event will take place may redirect you and your party to non-accessible seats if you do not require such accommodations. Clicking on the 'Continue to Checkout' button, 'Continue' button, or otherwise purchasing accessible seats shall certify your assent to these terms. 23. Miscellaneous This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TickPick, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each section of this Agreement is for reference purposes only and in no way defines, limits, construes, or describes the scope or extent of such section. TickPick shall not be in breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its obligations by reason of any cause beyond TickPick’s reasonable control, including, without limitation, acts of nature, war, natural disaster, governmental regulations or any executive, administrative or judicial order, terrorism, communication or utility failures or casualties, the failures or acts of third parties, fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or communications system, or any other similar cause. 24. Governing Law The terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.
Last Updated: June 18, 2024 Please click here for a printable PDF version of this Privacy Policy. TickPick, LLC (referred to herein as “TickPick”, “we”, “our”, or “us”) and its affiliates recognizes the importance of protecting the personal information we may collect from customers, users, visitors and any other individual or entity (“Users”, “you”, or “your”). This Privacy Policy applies to data collection and privacy practices of TickPick and when we collect personal information through your use of the website, www.TickPick.com, the mobile application, and other TickPick-related sites where this Privacy Policy is located (each, a “Site” and collectively the “Sites”), through our social media pages that we control, through email messages that we may send to you, when you reach out to us via email or a phone call, and when you purchase a ticket(s) (the “Services”). Please note that this Privacy Policy excludes services that state that they are offered under a different privacy policy. Specifically, our Privacy Policy covers the following topics:
  1. Site Terms of Use
  2. Information We Collect
  3. Cookies and Similar Technologies
  4. How We Use Information We Collect
  5. Our Legal Basis for Collecting Personal Information
  6. When You Choose Not to Provide Personal Information
  7. Our Retention of Your Personal Information
  8. Sharing Personal Information
  9. Sale of Personal Information
  10. Privacy Rights and Choices
  11. Jurisdiction-Specific Notices
  12. Our Opt-out Policy
  13. Third Party Links
  14. International Transfers
  15. How We Protect Personal Information
  16. Children's Privacy
  17. “Do Not Track” Signals
  18. Changes to this Privacy Policy
  19. How to Contact Us
Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites. For certain Services, such as giveaways, offered by TickPick, you must be at least 18 years old. If you are a legal resident of the state of Washington, you may not use certain Services. If you have any questions or comments about this Privacy Policy, please submit a request to [email protected]. Residents in the European Economic Area ("EEA"), United Kingdom ("UK"), Switzerland, California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia should refer to the body of this Privacy Policy as well as the "Jurisdiction-Specific Notices" section below for additional information that may be applicable to them. Site Terms of Use By accessing or using the Sites in any manner, you also agree to be bound by TickPick’s User Agreement or the agreement of any related services (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites. Information We Collect We collect information, including personal information, to provide better Services to all our users and visitors. We use the term “Personal Information” to refer to any information that identifies, relates to, or describes an identified or identifiable natural person. Common examples of Personal Information include: full name, email address, information about your device, and certain metadata. The Personal Information which we collect includes, but is not limited to, the following circumstances and data elements: If you provide us or our service providers with any Personal Information relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Policy. If you believe that your Personal Information has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Information, please contact us by using the information set out in the “How to Contact Us” section below. Business Contacts: We may receive your contact information, such as your personal identifiers (including your name, telephone number, and email address) and/or professional or business-related information (including your business address), through our online or offline interactions with you, such as when we work together on a project or discuss opportunities to work together. We may send you emails or call you with information about our business dealings, news, or marketing information to communicate with you for business purposes. If you provide us or our service providers with any Personal Information relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Policy. If you believe that your Personal Information has been provided to us improperly, or to otherwise exercise rights you may have relating to your Personal Information, please contact us by using the information set out in the “How to Contact Us” section below. We obtain the categories of Personal Information listed above from the following categories of sources:
  • Directly from our customers or their agents. For example, payment information for concerts or sporting events tickets that our customers purchase from us.
  • Indirectly from our customers or their agents. For example, through information we collect from our customers in the course of providing Services to them.
  • From individuals purchasing gift cards and/or tickets on for another. For example, an individual purchasing a gift card for a friend.
  • Directly and indirectly from activity on our Site (www.TickPick.com). For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
  • From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram, and Pinterest.
  • From third parties that interact with us in connection with the services we perform.
Cookies and Similar Technologies We and our partners use various technologies to collect and store information when you visit one of our Sites or Services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store personal identifiers (such as your IP address), Internet or other electronic network activity information (such as your browser characteristics, device IDs and characteristics, operating system version, and language preferences) and information concerning your usage of our Sites (including the link you used to reach a given webpage) when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google Analytics, Google Tag Manager, Adjust, Iterable and similar partners. Please see our Cookie Policy for more details. The technologies we use for this automatic data collection may include: Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy. Web Beacons. Pages of our services or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Clickstream data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites. Location Data. TickPick may collect information about your location when you use our Sites and Services. Your location can be determined by: GPS, IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Information you provide to us. Depending on the platform you use to access our mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the mobile application. How We Use Personal Information We Collect We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
  • To present, operate or improve the Site and Services, including analysis of Site activity;
  • To inform you about Services and products available from TickPick;
  • To authorize access to our Sites and Services;
  • To validate your identity or verify communications from you;
  • To offer and administer programs;
  • To customize or tailor your experience of the Services;
  • To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  • To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
  • For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  • To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  • To respond to and support users regarding their use of the Sites and Services;
  • To process applications for employment that you submit through the Sites;
  • To administer general recordkeeping;
  • To comply with all applicable legal requirements;
  • To investigate possible fraud or other violations of our Agreement or this Privacy Policy and/or attempts to harm our users or visitors;
  • For any other purpose that is disclosed to you at the point of collection of the Personal Information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
  • Any information that we collect through SMS will not be shared with third parties or their affiliates.
Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We will treat any information that we combine with your personal information as Personal Information pursuant to this Privacy Policy. Our Legal Basis for Collecting Personal Information Whenever we collect Personal Information from you, we may do so on the following legal bases:
  1. Your consent to such collection and use;
  2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services or your request for Services;
  3. Our legitimate business interest, including but not limited to the following circumstances where collecting or using Personal Information is necessary for:
    • Intra-organization transfers for administrative purposes;
    • Product development and enhancement, where the processing enables TickPick to enhance, modify, personalize, or otherwise improve our Services and communications for the benefit of our visitors, and to better understand how people interact with our Sites;
    • Fraud detection and prevention;
    • Enhancement of our cybersecurity, including improving the security of our network and information systems; and
    • General business operations and diligence.
Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes. When You Choose Not to Provide Personal Information Your provision of Personal Information is required in order to use certain Services and programs. In some instances, if you do not provide such Personal Information, you may not be able to access and use our Services, or parts of our Services. Our Retention of Your Personal Information We use and retain your Personal Information for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). Sharing Personal Information TickPick may disclose any of the categories of Personal Information listed above for our business and commercial purposes as described below and for any other purpose disclosed when you provide the information. To our affiliates, business partners, service providers, and other third parties. Specifically we will disclose your Personal Information to the following for a business purpose:
  • Identifiers;
  • Strategic business partners who provide goods, services and offers that enhance your experience at our properties, or that we believe will be of interest to you, such as personalized and unique travel experiences;
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the Services we provide to you;
  • Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, processing insurance claims, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, the processing and fulfillment of your orders, and making certain functionalities available to our users;
  • External service providers and event providers when you use the Services to purchase or sell tickets (such as when you purchase a ticket, we may share your personal information with the seller of the ticket in order for the seller to complete the transaction, and we may share your personal information with the teams you see, the league or organization that sanctioned the game, a concert promoter, and/or the operator of the venue or facility that hosted the event). Additionally, we may share your personal information with third parties to assist in processing your payment with the seller, or a payment to you, if you are the seller.  These third parties may use your personal information to fulfill your ticket purchase, for analytics, for customer service, offering you other products or services, and other legitimate business uses.
  • Commercial providers, including independent sellers and resale partners; and
  • Account brokers.
Legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of TickPick if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
  • Fulfill any purpose for which you provide it;
  • Meet any applicable law, regulation, legal process or enforceable governmental request;
  • Enforce applicable Terms of Use, including investigation of potential violations;
  • Detect, prevent, or otherwise address fraud, security or technical issues;
  • Protect against harm to the rights, property, assets or safety of TickPick, our users or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law.
We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. Merger, sale, or other asset transfer. We will share your Personal Information to facilitate a business transfer, such as to a buyer or other successor in the event of merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of TickPick’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by TickPick about its users will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy. Consent. We will share your Personal Information when we obtain your consent to do so. Sale of Personal Information We do not sell information, as this term is used under California law, except as set forth in our cookie disclosures. See the Jurisdiction-Specific Notices section below for more information. Privacy Rights and Choices Certain jurisdictions have specific legal requirements and grant privacy rights with respect to personal information, and we will comply with restrictions and any requests you submit as required by applicable law. For example, you may have the right to: (1) obtain a copy of personal information we maintain about you in a portable format; (2) correct inaccuracies or incompletion in your personal information; (3) object to the continued processing or use of your personal information; (4) complain to a supervisory authority; (5) or request that personal information be blocked, anonymized or deleted. In addition, if you believe that personal information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. You may also have the right to not be discriminated against for exercising your privacy rights. If you are a California, Colorado, Connecticut, Virginia, EEA, Switzerland, or UK resident, see our "Jurisdiction-Specific Notices" section below for additional information as to how to exercise rights under the laws of those jurisdictions. If you are located outside that jurisdiction and seek to exercise your rights under the law of another jurisdiction, please contact us by emailing [email protected]. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. When you make a request, we may require that you provide information and follow procedures so that we can verify your identity (and the applicable jurisdiction). The verification steps we take may differ depending on your jurisdiction and the request. Where possible, we will attempt to match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us do so. We will respond to your request within the time period required by applicable law. However, we may not always be able or required to comply with your request, in whole or in part, and we will notify you in that event. Jurisdiction-Specific Notices Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (the "CCPA"), California residents have specific rights regarding their Personal Information. This section describes Californians’ rights and explains how California residents can exercise those rights. Information Collected Related to California Residents During the last twelve (12) months, we have collected the following categories of Personal Information from consumers. Please see our Cookie Policy for information about the collection and use of personal information by third-parties who process information collected by cookies and related technologies that we permit them to use on the Site. Except as indicated [above in the "Information We Collect" section and] below in the "California Job Applicants" section, we do not seek to collect any "sensitive personal information" (as defined in the CCPA).
Category (* may constitute "sensitive personal information" under the CCPA) Type of Identifiers We Collect Criteria used to determine retention periods Sold or Shared Disclosed to
Identifiers. First and last name, unique personal identifier, online identifier, date of birth, Internet Protocol address, email address, account name, username. The duration of our relationship with you; the length of time necessary to complete a transaction; whether your Personal Information is a sensitive type; whether you specifically consented to retain the data; and our legal, contractual or similar obligations to retain or delete the data. Sold and shared Service providers, affiliates, partners, commercial providers, account brokers, marketing and analytics providers
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, address, telephone number. Same as above Not sold or shared Service providers, affiliates, partners, commercial providers, account brokers
Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Same as above Not sold or shared Service providers, affiliates, partners, commercial providers, account brokers
Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. Same as above Sold and shared Service providers, affiliates, partners, commercial providers, account brokers, marketing and analytics providers
Geolocation data. Physical location or movements. Same as above Not sold or shared Service providers, affiliates, partners, commercial providers
Sensory Data Audio, visual (such as photographs) or similar information Same as above Not sold or shared Service providers, affiliates, partners, commercial providers, account brokers
Inferences drawn from other personal information. Profile reflecting a person's preferences. Same as above Not sold or shared Service providers, affiliates, partners, commercial providers
Rights Specific to California Residents Under the CCPA, a California resident has the following rights: (1) to request additional information about our data collection, use, disclosure, and sales practices in connection with your Personal Information; (2) to request the specific Personal Information collected about you during the previous 12 months; (3) to request the deletion of the Personal Information we have about you; (4) to request a restriction on certain processing of Personal Information; and (5) to request correction of inaccurate information. You may not be discriminated against for exercising your California privacy rights. You may submit a request to exercise your rights under the CCPA through one of two means: You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request. We will aim to respond to your request as soon as reasonably practicable and consistent with any applicable laws. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request. California residents are also entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to [email protected] with the subject heading “California Privacy Rights,” or (b) a letter addressed to TickPick, Attention: Privacy Inquiry, 225 W 34th Street #1708, New York, New York 10122 U.S.A. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph. Colorado Residents Colorado residents have certain rights around TickPick's collection, use, and sharing of their Personal Information. TickPick sells your Personal Information. TickPick engages in profiling in furtherance of decisions that produce legal or similarly significant effects. TickPick also engages in “targeted advertising” as that term is defined in the Colorado Privacy Act ("CPA"). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Colorado, starting July 1, 2023 you have the right to (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Colorado consumer may not be discriminated against for exercising the consumer’s Colorado privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. Connecticut Residents Connecticut residents have certain rights around TickPick's collection, use, and sharing of their Personal Information. TickPick sells your Personal Information. TickPick engages in profiling in furtherance of decisions that produce legal or similarly significant effects. Also, TickPick engages in “targeted advertising” as that term is defined in the Connecticut Data Privacy Act ("CTDPA"). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the section titled "Information We Collect." In the section titled "Sharing Personal Information" describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Connecticut, you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Connecticut consumer may not be discriminated against for exercising the consumer’s Connecticut privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. Montana Residents Montana residents have certain rights around TickPick’s collection, use, and sharing of their Personal Information. TickPick sells your Personal Information. TickPick engages in profiling in furtherance of decisions that produce legal or similarly significant effects. Also, TickPick engages in “targeted advertising” as that term is defined in the Montana Consumer Data Privacy Act (“MCDPA”). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Montana, starting October 1, 2024, you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information (5) request to opt-out of your information being sold; and (6) request to opt-out of your information being shared for targeted advertising purposes. Also, a Montana resident may not be discriminated against for exercising the resident’s Montana privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. Oregon Residents Oregon residents have certain rights around TickPick collection, use, and sharing of their Personal Information. TickPick sells your Personal Information. TickPick engages in profiling in furtherance of decisions that produce legal or similarly significant effects. Also, TickPick engages in “targeted advertising” as that term is defined in the Oregon Consumer Privacy Act (“OCPA”). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Oregon, starting July 1, 2024, you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information (5) request to opt-out of your information being sold; and (6) request to opt-out of your information being shared for targeted advertising purposes. Also, an Oregon resident may not be discriminated against for exercising the resident’s Oregon privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. Utah Residents Utah residents have certain rights around TickPick's collection, use, and sharing of their Personal Information. TickPick sells your Personal Information. Also, TickPick engages in “targeted advertising” as that term is defined in the Utah Consumer Privacy Act ("UCPA"). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Utah, starting December 31, 2023 you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Utah consumer may not be discriminated against for exercising the consumer’s Utah privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. Texas Residents Texas residents have certain rights around TickPick collection, use, and sharing of their Personal Information. TickPick sells your Personal Information. TickPick engages in profiling in furtherance of decisions that produce legal or similarly significant effects. Also, TickPick engages in “targeted advertising” as that term is defined in the Texas Data Privacy and Security Act (“TDPSA”). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Texas, starting July 1, 2024, you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information(5) request to opt-out of your information being sold; and (6) request to opt-out of your information being shared for targeted advertising purposes. Also, a Texas resident may not be discriminated against for exercising the resident’s Texas privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. Virginia Residents Virginia residents have certain rights around TickPick's collection, use, and sharing of their Personal Information. TickPick does not sell your Personal Information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. TickPick engages in profiling in furtherance of decisions that produce legal or similarly significant effects. TickPick also engages in “targeted advertising” as that term is defined in the Virginia Consumer Data Protection Act ("VCDPA"). TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Virginia, starting January 1, 2023 you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Virginia consumer may not be discriminated against for exercising the consumer’s Virginia privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here. EEA, Switzerland, and UK Residents The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom and Switzerland, provide EEA, Switzerland and UK residents with certain rights in connection with Personal Information you have shared with us. If you are resident in the EEA, Switzerland, or UK, you may have the following rights: TickPick collects various categories of Personal Information when you use our Sites or Services. A more detailed description of the information TickPick collects and how we use it is provided above in the "Information We Collect" section. The "Sharing Personal Information" section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident in the EEA, Switzerland, or UK, starting January 1, 2023 you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a EEA, Switzerland, or UK consumer may not be discriminated against for exercising the consumer’s EEA, Switzerland, or UK privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by emailing [email protected] or submitting a request here.
  • The right to be informed. You are entitled to be informed of the use of your Personal Information. This Privacy Policy provides such information to you.
  • The right of access. You have the right to request a copy of your Personal Information which we hold about you.
  • The right of correction. You have the right to request correction or changes of your Personal Information if it is found to be inaccurate or out of date.
  • The right to be forgotten. You have the right to request us, at any time, to delete your Personal Information from our servers and to erase your Personal Information when it is no longer necessary for us to retain such data. Note, however, that deletion of your Personal Information will likely impact your ability to use our services.
  • The right to object (opt-out). You have the right to opt-out of certain uses of your Personal Information, such as direct marketing, at any time.
  • The right to data portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means your right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
  • The right to refuse to be subjected to automated decision making, including profiling. You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
  • The right to lodge a complaint with a supervisory authority. You have the right to lodge complaints about our data processing activities by filing a complaint with us or with the relevant Supervisory Authority. A list of Supervisory Authorities is available here: www.ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
  • Changing or Deleting Your Information. All customers may update or correct information about yourself by making changes to your profile, or emailing us at [email protected]. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
We may contact you to request that you update your Personal Data on a regular basis to ensure its integrity for the purposes of ongoing data management. Our Opt-in/Opt-out Policy Relating to Emails and Text Messages By providing an email address on the TickPick Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related educational information. For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be. We may send you SMS texts, including marketing texts, if you have opted in to receive such communications. We currently provide the following opt-out opportunities:
  1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us or a TickPick Partner to unsubscribe from the service.
  2. At any time, you can reply “STOP” to opt-out of receiving SMS texts.
Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service-related notices. Third Party Links The Sites may contain links to webpages operated by parties other than TickPick. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. TickPick strongly recommends that each User review the third party's terms and policies. International Transfers We may, directly or indirectly through third party entities around the world, process, store, and transfer the information you provide, including your Personal Information, as described in this Privacy Policy. Specifically, the information and Personal Information that we collect may be transferred to, and stored at, a location outside of your jurisdiction. It may also be processed by staff operating outside of your jurisdiction who work for us or for one of the organizations outlined in this Privacy Policy in connection with the activities outlined in this Privacy Policy. By submitting your information and Personal Information using the Sites, you agree to this transfer, storing or processing. We will take all steps necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. We have put in place commercially reasonable technical and organizational procedures to safeguard the information and Personal Information we collect on the Sites. How We Protect Personal Information TickPick maintains administrative, technical and physical safeguards designed to protect the user's Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Note however that certain aspects of Internet communications are inherently not completely secure. Children’s Privacy The Site is not intended for use by children. We do not intentionally gather Personal Information about visitors who are under the age of 16 and, on certain Services, under the age of 18. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 (or 18, for certain Services) in the applicable jurisdiction, please contact us at [email protected]. If we learn that we have inadvertently collected the personal information of a child under 16 (or 18, for certain Services), or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible. “Do Not Track” Signals TickPick does not respond to Do Not Track (DNT) signals, except that our Sites, Services, and systems will respond to global privacy controls and opt-out preference signals as required by applicable law. Changes to this Privacy Policy Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are material, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes) for a reasonable period of time. Nevertheless, you should review this Privacy Policy from time to time to be sure you are aware of the most recent version. How to Contact Us If you have any questions, comments or concerns about this Privacy Policy, or if you would like to exercise the choices discussed above, please contact us: Via email: [email protected] By writing to us: TickPick, LLC Attn: Privacy Policy Inquiry 225 W 34th Street #1708 New York, New York 10122 U.S.A.
TickPick Last Updated on July 1, 2023 The policy of TickPick, LLC (“TickPick”) is to be transparent and open to its users about its privacy-related practices. This Cookie Policy provides detailed information about how and when we use cookies. This Cookie Policy explains these technologies and, where applicable, how you can choose to control them. This Cookie Policy is part of our more comprehensive Privacy Policy We may change this Cookie Policy from time to time in order to reflect changes in our use of cookies, changes in the law, changes in our services, or best practices. Please check back to review any updates to this Cookie Policy. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the Sites. If we make any material changes, we will provide notice of such changes on the pertinent website for a reasonable period of time (which we estimate will be approximately two weeks). We encourage you to review this Cookie Policy periodically, especially if you don’t visit our Sites regularly. 1. Does TickPick use Cookies? Yes. As described in our Privacy Policy, we use cookies and other technologies to ensure everyone who uses our Site has the best possible experience. We hope that this Cookie Policy helps you understand our use of cookies and other tracking technologies. If you have any further questions regarding this Cookie Policy or requests, please contact us at our contact information provided below in Section 7. 2. What is a Cookie? A cookie is a small file placed onto your device from our servers. They are widely used in order to make websites and cloud-based services work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website or cloud-based service more convenient (e.g., by allowing you to enter a password less frequently or remembering your user preferences).Taken alone, cookies do not personally identify you – rather, they merely recognize your Web browser. Unless you choose to identify yourself to TickPick, such as filling out a web form or you have previously identified yourself to us, you remain anonymous. 3. What Cookies do we use? We use different types of cookies on our Sites to make your interaction with our Sites easy and meaningful – strictly necessary cookies, functionality cookies, analytics cookies, and advertising cookies. The Sites may include first-party cookies (i.e., cookies that send data directly to TickPick and agents and contractors acting on our behalf, including cookies used to monitor, analyze, and administer the Sites) and third-party cookies (i.e., cookies that send data to our contractors for their commercial use). We use cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer or device when you close your browser software or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. Below we describe the different types of cookies we may use on the Sites and our purpose for using them. You have the ability to opt out and limit which cookies apply to your use of our Sites – more information on how to change your browser’s cookie settings are provided in Section 6 below. 3.1 Strictly Necessary Cookies Some cookies are essential to the operation of our services on the Sites. They are used to facilitate our log-in process, authenticate users, and enable you to navigate the Sites and to use their features. Without these cookies, we may not be able to provide certain services or features, and the Sites may not perform as smoothly for you as we would like. Because strictly necessary cookies are essential to operate our services on the Sites, if you choose to use a product on our Sites, there is no option to opt out of these cookies. 3.2 Functionality Cookies In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make while browsing on the Sites, and to provide enhanced and more personalized content and features, such as customizing a certain webpage or application page, remembering if we have asked you to participate in a promotion and for other services you request, like watching a video or commenting on a blog. In order to permit your connection to the Sites, our servers receive and record information about your computer and browser, potentially including your IP address, browser type, and other software or hardware information. All of these features help us to improve your visit and assist in navigation of the Sites’ features. To manage the use of functionality cookies on our Sites, or to opt out of their use, follow the instructions in Section 6 of this Cookie Policy. Note that opting out may impact the functionality you receive when using our Sites. 3.3 Analytics Cookies We and our service providers may use analytics cookies, which are sometimes called performance cookies, to collect information about your use of the Sites and enable us to improve the way they work. Analytics cookies collect information about how you use the Sites, for instance, which pages you go to most. The information allows us to see the overall patterns of usage, help us record any difficulties users may have while using the Sites and show us whether or not our advertising is effective. To manage the use of analytics cookies on our Sites, or to opt out of their use, follow the instructions in Section 6 of this Cookie Policy. Note that opting out may impact the functionality you receive when using our Sites. 3.4 Advertising Cookies We may also use cookies and similar tools to correlate your use of the Sites to personal information obtained about you. For example, if you have asked us to provide you information about our upcoming campaigns, our services or any promotions, we may utilize our cookie and/or clickstream data about your activities when you engage with us on the Sites. By evaluating this information, we may more clearly target the information we provide you to the specific items we think you will find interesting, based on your prior online activities and preferences. We also use third party advertising cookies. We and our service providers may use advertising cookies to deliver ads that we believe are more relevant to you and your interests. To manage the use of advertising cookies on our Sites, or to opt out of their use, follow the instructions in Section 6 of this Cookie Policy. Note that opting out may impact the functionality you receive when using our Sites. 4. Do Any Other Parties Use Cookies on our Site? We do use or allow certain third parties to serve cookies on our Sites. We may allow third parties to serve cookies to help identify fraudulent or automated traffic on our Sites. We may also use third party cookies to help us with market research, improving website functionality, and enforcing website terms and policies. For example, like many companies, we use Google Analytics to help us evaluate our website traffic. You can see how Google Analytics uses cookie information across various websites by visiting https://policies.google.com/technologies/partner-sites, or any successor webpage that Google may provide. 5. Which Specific Cookies Do We Use? The “Cookies Used on Our Sites” table lists cookies that may be used on our Sites.
Provider Type Description Duration
Google Ads and DoubleClick (IDE, NID, 1P_JAR) Advertising Google Ads and DoubleClick is an ad management and ad serving technology. TickPick Sites uses this information, including to record how many signups and leads originated from its marketing activity.
For information on how to reject or delete this cookie, please visit: www.tools.google.com/dlpage/gaoptout
For more information on Google's privacy practices, please visit: https://business.safety.google/adscookies/ 		Varies
Google Analytics (AEC, OTZ, _igd, _gcl_au, ) Performance Google Analytics is an analytics technology. TickPick Sites uses this information, including to record how many signups and leads originated from its marketing activity.
For information on how to reject or delete this cookie, please visit: www.tools.google.com/dlpage/gaoptout
For more information on Google's privacy practices, please visit: https://business.safety.google/adscookies/ 		Varies
Google Tag Manager (_gat_UA-***) Performance Google Tag Manager is a tag management system (TMS) that allows you to quickly and easily update measurement codes and related code fragments collectively known as tags on your website or mobile app. TickPick uses Google Tag Manager for programmatic.
For more information on Google’s privacy practices, please visit:
www.policies.google.com/privacy?hl=en;
https://business.safety.google/adscookies/
Google (G_ENABLED_IDPS) Functional Authenticates Users
For more information on Google’s privacy practices, please visit: www.policies.google.com/privacy?hl=en;
Facebook (fr, datr, _fbp, sb) Advertising Facebook is used by TickPick for advertising, display ads and retargeting.
For more information on Facebook’s privacy practices, please visit: https://www.facebook.com/privacy/policy/ 		90 Days
Forter (forterToken, ftr_blst_1h, ftr_ncd) Essential Forter is used by TickPick for fraud prevention. It analyzes customer interactions to make decisions.
For information on Forter’s privacy policy, please visit: www.forter.com/service-privacy-policy/
Impact (ImpactClickID) Performance Impact is used by TickPick to analyze attribution and conversion.
For information on Impact’s privacy policy, please visit: www.impact.com/privacy-policy/ 		90 Days
Iterable (iterableEndUserID) Advertising Iterable provides cross-channel campaign management to TickPick to keep users engaged.
For information on Iterable’s privacy policy, please visit: www.iterable.com/trust/privacy-policy/ 		3 Years
Bing (MUID, MR, SRCHHPGUSR, SRCHD, SRCHUSR, uetsid, _uetvid) Advertising and analytics Measure the success and impact of Bing search marketing.
For more information on Bing/Microsoft's privacy practices, please visit: https://privacy.microsoft.com/en-us/privacystatement. 		1 day (_uetsid), 13 months (_uetvid)
Microsoft Clarity (_clck) Advertising Used to store a unique user ID.
For more information on Microsoft's privacy practices, please visit: https://privacy.microsoft.com/en-us/privacystatement.
Hotjar (ajs_anonymous_id, _hjSessionUser, _cs_id, scid, _cs_c, _uetvid, _hjIncludedInSessionInProgress, hjSession***, _hjFirstSeen, OptanonConsent) Advertising and analytics Used to see how users are interacting with the Sites and optimize user experience.
For more information on Hotjar's privacy practices, please visit: https://www.hotjar.com/legal/policies/privacy/. 		Varies
TikTok Advertising To track success and marketing through TikTok.
For information on TikTok's privacy practices, please visit: https://www.tiktok.com/legal/cookie-policy?lang=en. 		Varies
AB Tasty (ABTasty, ABTastySession) Analytics Test effectiveness of content on the Sites.
For information on AB Tasty's privacy practices, please visit: https://abtasty.zendesk.com/hc/en-us/articles/218855298-How-do-AB-Tasty-cookies-work-#:~:text=ABTasty%20cookie,a%20lifetime%20of%2013%20months 		13 Months
Kameleoon Analytics Test effectiveness of content on the Sites.
For information on Kameleoon's privacy practices, please visit: https://help.kameleoon.com/consent-management-policy/ / https://help.kameleoon.com/question/what-data-does-kameleoon-retrieve-and-how/ 		365 days
Podsights (_pdst) Advertising Used for targeted advertising and analytics.
For more information on Podsights privacy practices, please visit: https://podsights.com/privacy-policy/.
Zendesk/Zopim (_zlcmid, user_cn, user_em, user_external_id) Functional Used to store a unique user ID.
For more information on Zendesk's privacy practices, please visit: https://www.zendesk.com/company/agreements-and-terms/privacy-notice/.
TickPick (apiToken ) Essential Used for authentication purposes.
For more information on TickPick's privacy practices, please visit our Privacy Policy.
TickPick (GEO, country) Essential Used to determine the location of a user.
For more information on TickPick's privacy practices, please visit our Privacy Policy.
TickPick (apiToken) Essential Used to determine if a user has seen a popup on our Site.
For more information on TickPick's privacy practices, please visit our Privacy Policy.
You can also learn more about controlling cookies in Section 6 below. 6. Can A Website User Block Cookies? You can control the cookies that are placed on your computer or other device by changing browser settings as provided in this Section, or you could view or delete cookies stored on your hard drive. For information on how to use the browser of your mobile device to amend cookie settings, you may need to refer to your mobile device manual. Please be aware, however, that your decision to control cookies may affect your experience of our Sites – you may not be able to access all or parts of those Sites. The main web browsers allow you to change your cookie settings directly through their sites. These settings will typically be found in the ‘options’ or ‘preferences’ menu of your browser. In order to understand these settings, the following links may be helpful; otherwise you should use the ‘Help’ option in your browser for more details.
Browser Link to Change Cookie Settings
Chrome www.support.google.com/chrome/bin/answer.py
Internet Explorer www.support.microsoft.com/kb/196955
Safari www.docs.info.apple.com/article.html
Firefox www.support.mozilla.org/en-US/kb/Cookies
Flash www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118
The following third party links contain additional information about cookies and other helpful information on your ability to control what cookies apply to you. Please note, however, that these links will take you to third party sites over which TickPick has no control:
Link to Site Description
www.allaboutcookies.org/manage-cookies/index.html offers comprehensive information on how to amend the settings of a wide variety of browsers, details on how to delete cookies from your computer, and more general information about cookies
www.aboutcookies.org offers comprehensive information on how to amend the settings of a wide variety of browsers, details on how to delete cookies from your computer, and more general information about cookies
www.youronlinechoices.com/uk offers information about third-party cookies generated by advertisers and how you can turn these off by going to the Internet Advertising Bureau's (“IAB”) consumer site
www.networkadvertising.org offers a comprehensive listing of opt-outs for advertising platforms, however, note that there are many more networks listed on this site than those used by us at TickPick.
7. Contact Us If you have any comments or questions about our Sites, including our use of cookies, please contact us at [email protected] or write to us at TickPick, LLC, Attn: Privacy Inquiry, 225 W 34th Street #1708, New York, New York 10122 U.S.A.
California Consumer Privacy Act Privacy Notice This Privacy Notice for California residents serves to inform California residents regarding the information that TickPick, LLC (collectively, “TickPick,” “we,” “us,” or “our”) collects and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). This Privacy Notice applies to data collection by TickPick and shall apply to your use of the website, www.TickPick.com and other TickPick-related sites, applications, software, communications, capabilities and services (“Services”) accessible on or by any top-level TickPick domain owned by us (each, a “Site” and collectively the “Sites”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice. Information We Collect We have collected the following categories of personal information from consumers within the last twelve (12) months:
Category Type of Identifiers We Collect
Identifiers. First and last name, postal address, unique personal identifier, online identifier, date of birth, Internet Protocol address, email address, account name.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, address, telephone number, driver’s license or state identification card number, credit card number, debit card number, or any other financial information.
Protected classification characteristics under California or federal law. Age, race, citizenship, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions).
Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information. Video imaging.
Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation data. Physical location or movements.
Sensory data. Audio, visual or similar information.
Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
How We Use Information We Collect We use your personal data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
Category The Purpose for Collection
Identifiers.
  1. To present, operate or improve the Site and Services, including analysis of Site activity;
  2. To inform you about Services and products available from TickPick;
  3. To authorize access to our Sites and Services;
  4. To validate your identity or verify communications from you;
  5. To offer and administer programs;
  6. To customize or tailor your experience of the Services;
  7. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  8. To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
  9. For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  10. To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  11. To respond to and support users regarding their use of the Sites and Services;
  12. To process applications for employment that you submit through the Sites;
  13. To administer general recordkeeping;
  14. To comply with all applicable legal requirements;
  15. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our guests or visitors.
  16. For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  1. To present, operate or improve the Site and Services, including analysis of Site activity;
  2. To inform you about Services and products available from TickPick;
  3. To authorize access to our Sites and Services;
  4. To validate your identity or verify communications from you;
  5. To offer and administer programs;
  6. To customize or tailor your experience of the Services;
  7. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  8. To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
  9. For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  10. To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  11. To respond to and support users regarding their use of the Sites and Services;
  12. To process applications for employment that you submit through the Sites;
  13. To administer general recordkeeping;
  14. To comply with all applicable legal requirements;
  15. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our guests or visitors.
  16. For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
Protected classification characteristics under California or federal law.
  1. To inform you about products and services available from TickPick.
  2. To authorize access to our Sites and Services.
  3. To provide you with products and Services.
  4. To offer and administer programs.
  5. To administer content, promotion, survey or other Site features.
  6. To communicate about, and administer your participation in, special programs, online campaigns, online programs, and to deliver pertinent emails.
  7. To improve our customer service.
  8. To respond to and support users regarding their use of the Sites and Services.
  9. To comply with all applicable legal requirements.
  10. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users.
Commercial information.
  1. To provide you with Services.
  2. To offer and administer programs.
  3. To comply with all applicable legal requirements.
  4. To facilitate registration or access or otherwise onboard a consumer as part of a new customer relationship.
  5. To respond to customer service inquiries initiated by the consumer.
  6. To improve products and services.
Biometric Information.
  1. To provide you with Services.
  2. To offer and administer programs.
Internet or other similar network activity.
  1. To authorize access to our Sites and Services.
  2. To provide you with Services.
  3. To offer and administer programs.
  4. To administer content, promotion, survey or other Site features.
  5. To improve our customer service.
  6. To respond to and support users regarding their use of the Sites and Services.
Geolocation Data.
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Sensory Data.
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Inferences drawn from other personal information.
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For more information on our privacy practices, please review our Privacy Policy. If you have any specific questions regarding this Privacy Notice, you can contact us via email or by writing to us at the address below: Via email: [email protected] By writing to us: TickPick, LLC Attn: Privacy Policy Inquiry 225 W 34th Street #1708 New York, New York 10122 U.S.A.
Tickpick, LLC is committed to diversity, inclusion, and meeting the needs of all of our customers, including those with disabilities. We are continually improving our website to comply with the accessibility guidelines in WCAG 2.0 AA. Further accessibility efforts are under way and we continue to update our website to improve accessibility. In the meantime, if the format of any material on our web pages interferes with your ability to access the information, please contact us to request assistance or if you have questions or comments about our web site's accessibility. Please call 845-538-4567 or submit an inquiry here.
Terms & Conditions: TickPick Price Freeze Last Updated on Jan 3, 2023 TickPick’s “Price Freeze” grants the purchaser the right to purchase from TickPick a ticket for a specified event (“Qualifying Event”) at a specified (“Frozen”) price for a specified period of time, subject to availability, any applicable Credit Cap, and the Terms hereunder. Subject to the Terms below, the price of available Qualifying Tickets may be Frozen for a temporary period of time (the “Price Freeze”). TickPick offers Price Freeze to provide Qualifying Purchasers a more flexible purchasing experience through its mobile application (“Application”). By utilizing Price Freeze, you agree to these TickPick Price Freeze Terms and Conditions (“Terms”). Your use of TickPick’s Price Freeze is subject to the TickPick User Agreement. Any capitalized terms used herein that are undefined have the meaning given to such term in the User Agreement. Violation of these Terms can lead to Account suspension or termination. TickPick may modify any of these Terms at any time, with or without notice to you, subject to applicable law. In the event of a change in these Terms, we shall post a revised version of these Terms here, which shall automatically replace the terms of any previous terms posted here. Your continued use of TickPick.com and TickPick's Services, as defined in the User Agreement, following the posting of revised terms will constitute your acceptance of the revised terms. If you don't agree with the User Agreement or these Terms, do not continue to use TickPick.com or TickPick's services. 1. Price Freeze Eligibility You will be able to participate in the Price Freeze program if you are a Qualifying Purchaser. To become a “Qualifying Purchaser”, you must be a registered user of the TickPick Application, and that registered user Account must have either previously completed a purchase of tickets or performed other actions on the Platform as required. If a registered user is a Qualifying Purchaser, you will be able to utilize the Price Freeze functionality (“Event Freeze Window”) through the Application, subject to the terms herein. 2. Events Eligible for Price Freeze An event is available for Price Freeze if it is a Qualifying Event. A “Qualifying Event” is an event occurring in no sooner than two (2) days from the time of selecting Price Freeze. Only one Qualifying Event can be Frozen by you at any one time. Only Qualifying Tickets available at the time of the Price Freeze will be Frozen for the Qualifying Event. “Qualifying Tickets” will be noted by a representative icon next to the price of the tickets when a Qualifying Event is viewed. Only tickets with these representative icons are Qualifying Tickets. TickPick will not be responsible for errors made by you when selecting the Qualifying Event for Price Freeze. 3. Price Frozen Qualifying Event When you have Frozen a Qualifying Event, TickPick is not guaranteeing that Qualifying Tickets for the Qualifying Event will be available for purchase through the Event Freeze Window. Those tickets are the property of the Seller and TickPick has no control over the tickets that are available at any point in time. In addition, tickets may be added to Qualifying Events during the Event Freeze Window which would not be subject to the Price Freeze. 4. Event Freeze Window After you have Frozen a Qualifying Event, and up until twenty-four (24) hours prior to the start of the event, the price of available Qualifying Tickets will be Frozen (the “Price Freeze”). After twenty-four (24) hours prior to the start of the event the Price Freeze will expire. Qualifying Tickets will be only available for purchase at the then current price. If the Price Frozen Qualifying Event is cancelled, postponed, or rescheduled, the Price Freeze will no longer apply to those tickets or that event. 5. Purchase At the time of purchase, when a Qualifying Ticket is priced lower with the Price Freeze than the current price of the ticket, you will pay the current price of the ticket and a Credit (discussed in greater detail under the User Terms) will be issued (“Issued Credit”) for the difference between the current price and the Frozen price, up until the maximum Credit Cap, will be credited to your registered user account. Purchases are limited to one transaction per Price Frozen Qualifying Event. If you do not (or are unable) to purchase the Qualifying Ticket, you will not be eligible for any credit. 6. Credit Cap The Credit Cap is equal to a maximum of twenty-five dollars ($25) per ticket and a maximum of fifty dollars ($50) per transaction. 7. Credit Issued The Credit Issued will be added to your registered user account after the purchase, if applicable based on qualifying terms previously mentioned. Credits will expire 1 year after receipt if not used toward a purchase within that time. 8. Cancellation You can cancel a Price Freeze on any active Price Frozen Qualifying Event at any time. 9. Price Freeze Not Available for Certain Events or Tickets Due to the nature of certain events and tickets for events, the Price Freeze offering may not be available for all events, even if such events would otherwise be considered Qualifying Events or where tickets would otherwise be considered Qualifying Tickets. TickPick reserves the right to make those determinations at its sole discretion. Price Freeze may not be used in combination with other promotions and programs. The BestPrice Guarantee is not applicable to Price Freeze Qualifying Tickets. 10. Not Insurance The terms of this service are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not replace any insurance obtained or available to be obtained by you. 11. Additional Support Please contact our customer support through our Help Center.
Last Updated on April 29, 2024 These Supplemental Terms (“Terms”) apply to all users of TickPick’s Platform (including any Services) acting as Sellers of tickets who are not participating in our Large Sellers Program. As used herein, a user who is a resident of either the US or Canada and wants to sell tickets may list the tickets on TickPick as a “Seller.” These Terms are subject to the TickPick User Agreement. Any capitalized terms used herein that are undefined have the meaning given to such term in the User Agreement. Violation of these Supplemental Terms can lead to Account suspension or termination. TickPick may modify any of these Terms at any time, with or without notice to you, subject to applicable law. In the event of a change in these Terms, we shall post a revised version of these Terms here, which shall automatically replace any previous terms posted here. Your continued use of TickPick.com and TickPick's Services, as defined in the User Agreement, following the posting of any revised Terms will constitute your acceptance of the revised Terms. If you don't agree with the User Agreement or the Terms, do not continue to use TickPick.com or TickPick's services. 1. Listing Tickets for Sale As part of the listing process, the Seller must provide accurate information such as the event description, date, section, row, and seat. Sellers must also ensure that such listings remain accurate. A Seller who lists a ticket for sale on the Platform either chooses to sell that ticket for a fixed price or to use an automatic pricing tool when available on the Platform. Fixed pricing can be raised or lower so long as a Buyer has not purchased the tickets. Sellers are required to disclose if the tickets state that it is a limited or obstructed view, wheelchair only, wheelchair accessible, alcohol-free, 21 and over, or behind or side stage, and any other information that may be relevant to a Buyer. Some information is legally required for certain venues such as the face value of the ticket. Seller must provide such legally required information. Once submitted, the tickets will be available for immediate purchase by a Buyer. 1.1 Restrictions on Listing Tickets for Sale Sellers are expressly forbidden from listing for sale: (a) if the seller is not a resident of the United States or Canada;
(b) tickets that the Seller does not own, have in-hand, or that have been allocated to them (“Speculative Tickets”);
(c) tickets obtained in violation of the Better Online Ticket Sales Act of 2016 (i.e., obtained via circumvention of a security measure, access control system, or other technological control or measure on an Internet website or online service that is used by a ticket issuer to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules);
(d) stolen tickets;
(e) "local pick-up” and "will-call only" tickets;
(f) tickets without event access unless clearly stated in the listing (e.g., "PARKING ONLY");
(g) non-consecutive seats; or
(h) tickets otherwise invalid or prohibited to be sold by law. Sellers agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Seller Comments area of ticket listings.
1.2 Optional Features The “Credit Boost” feature enables the Seller to increase the visibility of the listing by offering a 5% credit to the buyer. Credit Boost is applicable to ticket listings of $50 or above for eligible events. The amount of the issued credit will be deducted from the Seller's payout. The "AutoPrice" feature enables the Seller to automate pricing on their ticket listings for eligible events. The AutoPrice system evaluates ticket prices every hour, adjusting them higher or lower at the Platform’s sole discretion. The Seller does not receive notifications for each price change; however, in the event that the inventory is deemed insufficient for effective use of AutoPrice, the Seller will be notified via email, and the AutoPrice feature will be disabled for the affected listing. The Seller acknowledges that the Platform is not responsible for potential losses that may arise from these automated adjustments and no minimum sale price is guaranteed. These terms and conditions are subject to modification, and the continued use of AutoPrice signifies agreement to these terms. Both the Credit Boost and AutoPrice features will remain active until the event start time, until the listing is removed, or until the Seller removes the feature from the listing. The “FanLink” feature enables the Seller to create a shareable checkout link with a specific FanLink price to sell their tickets outside the normal purchase path on TickPick. If a ticket is sold through FanLink, the Seller will be paid out 85% of the FanLink price per ticket sold, within the same timeframe as any other TickPick sale. Additionally, the Seller will receive a TickPick credit worth 15% of the FanLink sale value, usable towards future purchases on TickPick. This credit is valid for 90 days following the sale's payout. The Seller can create or edit a FanLink at any time before their listing is sold or removed. The Credit Boost, AutoPrice, and FanLink features will remain active until the event start time, until the listing is removed, or until the Seller removes the feature from the listing. 2. Completing Your Sale When your tickets sell, you are contractually obligated to accept the offer and are bound to deliver the exact listed tickets within the stated time frame (and, in any case, within a timely manner prior to the event) for the price listed. Upon receipt of a purchase by a Buyer, you will receive a notification from TickPick. You must confirm the order in a timely manner, and may not modify or cancel the ticket listing, or otherwise attempt to stop the sale. Completing a sale means following all the steps to send the purchased tickets, on time and as promised in your listing. The fulfillment of confirmed orders, including delivery of tickets, is the responsibility of the Seller. 2.1 Busted Orders If your tickets have sold but you cannot fulfill the order or there was a problem with fulfillment it is considered a “Busted Order.” TickPick reserves the right to designate, in its sole discretion, any action by Seller in violation of these Terms or the User Agreement a Busted Order, including but not limited to the following situations: (a) you cannot deliver the exact tickets or related passes in a timely manner;
(b) you do not have a replacement ticket (tickets that TickPick determines in its sole discretion are comparable or better than the ones originally listed);
(c) TickPick rejects any requested change to the original listing and cancels the order; or
(d) or for any other reason you fail to complete your sale.
 In the event a Busted Order occurs, TickPick may, at its sole discretion, charge the Seller an amount equal to or greater than 200% of the price of the tickets sold to compensate us for the expenses we incur to meet our obligations under the BuyerTrust Guarantee available here. TickPick reserves the right to suspend or terminate your TickPick Account in the event of a Busted Order. 3. Payments Following your first sale on TickPick, you will receive an email to set up your account with our third-party payment provider . In order to set up an account and thus receive payments for your sales on TickPick, you are required to agree and adhere to any additional terms and conditions associated with the third-party payment provider. Following TickPick’s receipt of money from the Buyer, TickPick, through its third-party payment provider, will remit to Seller the price of the ticket(s), less any fees, charges, set-off and other amounts due to TickPick in accordance with the terms herein. Sellers will usually be sent payments within fourteen (14) business days following the event. Payment receipt times will vary depending on the payment method chosen by the seller. A TickPick Seller’s payout will be 5% less to cover the Credit Boost percentage given to the prospective buyer. They should expect their payment within the same timeframe as any other TickPick sale. You agree and acknowledge the applicable Buyer (and not TickPick) is solely liable and responsible for payment for the tickets that you provide. You further agree and acknowledge that TickPick does not have any liability, responsibility, or obligation to make or remit any payment to you (as a Seller) for any provided tickets unless and to the extent TickPick has actually received payment of the Fees from the applicable Buyer for such tickets. 4. Communication with Buyers TickPick may provide Sellers with certain information related to Buyers, such as their contact information, so that Sellers can send tickets to them. Sellers are prohibited from using such information for any purpose other than the fulfillment of their obligations in providing purchased tickets to Buyers. Sellers shall not include, in any communication to any Buyer, any content or information other than the purchased tickets. Other solicitations, contact information, or marketing or advertisements are prohibited. TickPick is not responsible for any use of such information provided by Seller. 5. General Seller Policies As a Seller, you grant TickPick permission to charge the credit or debit card associated with your registered account for any and all charges, fees, liabilities, damages, and expenses incurred by TickPick if at any time the Seller fails to deliver the tickets they have listed or delivers invalid, fraudulent, counterfeit, incorrect, or misrepresented tickets. There may be instances when TickPick requires tickets listed to be delivered to TickPick prior to sale. Upon the sale of the tickets, TickPick will deliver them to the Buyer on the Seller’s behalf. In the event the tickets are not sold, or the listing is removed, the tickets will be returned and accepted by the Seller. TickPick does not guarantee that any tickets you list will sell, that you will make any particular amount of money in marketing and selling tickets on TickPick, or that any Buyers will complete any transaction with you or be able to pay for tickets. Furthermore, TickPick does not guarantee that any tickets will be listed in any particular way or with any preference or will appear within any particular period of time. TickPick reserves the right to restrict listing of tickets for sale and to remove listings of unsold tickets for any event. If you have a dispute with one or more users (including Buyers or other Sellers), you release TickPick and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives, and employees from any 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 such dispute. The Seller agrees to indemnify and hold TickPick harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Seller’s breach or alleged breach of these Supplemental Terms. 6. Event Cancellations and Postponement TickPick will notify the Seller of any cancelled event. If you require your tickets to be returned to obtain a refund of the original purchase price, you must contact us at [email protected]. If an event is postponed, Sellers are prohibited from reselling, invalidating or changing tickets for postponed events. 7. Taxes TickPick is not responsible in any way for the accuracy or suitability of any payment of any applicable taxes on your behalf, except as required by law. As a Seller, you are responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes in connection with ticket sales, except where we are required by law to calculate, collect, and remit sales tax on those sales. We issue tax forms at the conclusion of the calendar year to any Seller that meets the federal thresholds for documenting those sales per IRS requirements. You agree to provide TickPick with your Social Security Number or other tax identification number, if necessary, for TickPick to provide information to the relevant tax authorities related to payments you receive from us.
Terms & Conditions: Credit Boost Last Updated on April 30, 2024 At TickPick, we don’t just want you to attend an event; we want you to keep experiencing the thrill time and time again. Introducing our unique Credit Boost feature! When you buy tickets with a Credit Boost, you receive added credit for your next purchase, subject to the Credit Boost Terms below and the User Agreement. It's our way of saying thanks and ensuring your next outing is just around the corner. Any capitalized terms used herein that are undefined have the meaning given to such term in the User Agreement. Violation of these Credit Boost Terms can lead to Account suspension or termination. Credit Boost Terms
TickPick can amend or cancel these Credit Boost Terms at any time without notice. In the event of a change in our Credit Bost Terms, we shall post a revised version of our guarantee here, which shall automatically replace the terms of any previous terms posted here. Your continued use of TickPick.com and TickPick's services, as defined in the User Agreement, following the posting of revised terms, will constitute your acceptance of the revised terms. If you don't agree with the User Agreement or these Credit Boost Terms, do not continue to use TickPick.com or TickPick's services.