Your Consent to these Terms, and How these Terms may be Amended
By using the Advanced Services, you expressly agree to be bound by and comply with these Terms, and all applicable laws and regulations, and also agree to be bound by any additional non-conflicting terms or conditions on which you have or will agree with Ticketmaster L.L.C. (“Ticketmaster”) or the Rice University. These Terms shall constitute a valid, binding and enforceable legal agreement among you, the Rice University and Ticketmaster. There shall be no oral or implied agreement between you and Ticketmaster, you and the Rice University, or you, Ticketmaster and the Rice University that shall be binding or enforceable, and all parties agree not to claim that there is.
Ticketmaster reserves the right to change these Terms at any time, by posting a link to, or posting, the new Terms where the Advanced Services are provided. Such change shall be effective with respect to you commencing the first time that you visit this web site or otherwise use the Advanced Services after such changed Terms have been posted. Please review the Terms periodically to see whether they have changed.
Code of Conduct
When using this web site (the “Site”) you agree that you will comply with all applicable laws, rules and regulations, and that you will not:
- Use the Site for any unlawful purpose;
- Impersonate any person or entity, whether actual or fictitious, including any Season Ticket Holder or any employee or representative of our company;
- Harvest or collect information about Site users;
- Use any area of the Site for any purpose other than the use of the Advanced Services provided on the Site.
Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on the Site (collectively, the “Content”) is owned by us or our licensors. We own a copyright in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content to use the Advanced Services as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
- Do anything to violate the Code of Conduct;
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Site other than the URL assigned to the home page of our site;
- “Frame” or “mirror” any part of the Site;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, scrape the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- Use any automated software application or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site in a way that circumvents, avoids, alters, or affects the design, architecture, or flow of the Site, or of the user experience in utilizing the Site.
- Reproduce tickets generated by the Advanced Services in a format or medium different from that provided by the Site;
- Reproduce, modify, display, distribute or create derivative works of the Site, or tickets reproduced from the Site;
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, the rights in, or the reproduction of tickets from the Site in any way including, without limitation, by manual or automatic device or process, for any purpose;
- Use the trademarks, logos and service movies as displayed on the Site in any way without our permission. All registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors.
Special Terms Applicable to Specific Advanced Services
All of these Terms shall apply to the use of each of the Advanced Services. However, also included in these Terms under the heading “Specific Additional Terms Governing Specific Advanced Services” are additional provisions that also govern your use of certain of the Advanced Services.
Violations of the Terms
If you violate the Terms, you may be prohibited from using the Advanced Services now or in the future, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and appropriate legal actions may be taken against you.
Registration; User Names and Passwords
You may need to register with the Advanced Services, or receive a username and password, in order to use certain Advanced Services. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all Activities that occur under your username and password, regardless of whether undertaken by you or undertaken by someone who has received your username and password. If the Advanced Services are unable to verify or authenticate any information you provide during any Activity, you may be prohibited from using the Advanced Services.
Responsibility for Allowing Others Access to Tickets and E-mail Transmission Errors
Many of the Advanced Services use e-mail and web site downloads to deliver electronic tickets which can be printed out, copied, saved and forwarded to others, either physically (i.e., after being printed out) or electronically. Despite the fact that multiple copies and print-outs of the same ticket can be created, only the first copy or print-out that is presented and scanned for admission at a venue will in fact be valid for admission; once that scanning occurs, all other copies and print-outs of that ticket will no longer be valid for entry. Accordingly, you agree to be solely responsible for safeguarding all tickets (and all pass codes, Internet addresses, e-mails and other places and means where tickets can be obtained) with great care, and you agree that if a ticket is copied, reprinted or forwarded to another person, or another person is given access to a ticket, neither Rice University, Ticketmaster nor anyone else will have any liability or responsibility for any print-outs or copies of the ticket not being valid for admission due to the previous admission scanning of another print-out or copy of the same ticket. Similarly, you agree that you will be solely responsible for distribution errors caused by you providing an inaccurate e-mail address, for lost, stolen, damaged or destroyed tickets, and for lost, stolen, deleted, improperly addressed, forwarded or misdirected e-mails linking to Internet sites (or pass codes or Internet addresses) where tickets are accessible.
Authorization to Cancel a Ticket
By instructing the Advanced Services to forward, distribute, transfer or sell a ticket, you authorize Ticketmaster and the Rice University to issue to the recipient a valid ticket and to cancel and invalidate your ticket for the same seat at the same event. You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use, or take any action that directly or indirectly allows to be cancelled or invalidated, any sold, conveyed, forwarded, otherwise distributed or otherwise cancelled or invalidated ticket.
Many of the Advanced Services, such as Group Tickets, Season Tickets and purchasing tickets from Season Ticket Holders use ticketFast®. To read more about how ticketFast works, and hardware and software requirements for the recipient to read and print ticketFast tickets, https://oss.ticketmaster.com/aps/intix2007/EN//faq/am/home_page.
Cancelled or Postponed Events
Occasionally, events are cancelled or postponed by the Rice University or venue due to weather conditions or situations affecting the performers, players, other personnel or staff or the audience. Please review the Specific Additional Terms Governing Specific Advanced Services below for provisions applicable to cancelled or postponed events.
The Advanced Services cannot be used to resell tickets that have already been sold, distributed or forwarded through the Advanced Services.
Title; Role of Rice University and Ticketmaster
All of this paragraph is subject to those parts of these Terms applicable to refunds and credits for cancelled or postponed events. All rights and obligations with respect to a ticket pass upon completion of a group ticket distribution (unless properly cancelled through the method described below), forward, purchase or sale transaction. For purposes hereof, “completion” shall occur (a) for a group ticket distribution transaction if the recipient pays for the ticket then upon the payment for a group ticket by the recipient, or instead if the group manager pays for the ticket then upon the use of the ticket to enter an event (or if not presented to enter an event, then upon the ticket’s event start time), (b) for a season ticket forwarding transaction when the Advanced Services sends (and before the recipient receives) the forwarded ticket, and (c) for a purchase or sale transaction when the Advanced Services sends (and before the recipient receives) the ticket in the case of electronic delivery, or when the Advanced Services deposits the ticket with the mail or a delivery service in the case of delivery of a paper ticket provided that the purchaser will not have the right to cancel a purchase or deliver once the purchaser has made an order (provided that Ticketmaster will have the right to allow such a cancellation in Ticketmaster’s sole discretion). Throughout these processes, neither Ticketmaster nor the Rice University will ever take title to the ticket. Title will pass directly from the group manager to the ticket recipient in the case of a group ticket distribution (unless the recipient, and not the group manager, is the purchaser of the ticket, in which case title will pass directly from Rice University to the recipient, because the group manager will never have had title), directly from the ticket forwarder to the person to whom the forwarder has forwarded the ticket in the case of season ticket forwarding, and directly from the seller to the purchaser in the case of a sale transaction. Further, Ticketmaster is not the agent of any party other than Rice University. Ticketmaster is only a technology provider, and as such is providing ticket cancellation, distribution, posting, forwarding, authentication, delivery and payment processing services.
In exchange for your use of the Advanced Services, you agree: (a) to provide the Advanced Services with current, complete and accurate information about yourself (“Registration Data”), (b) to maintain and update your Registration Data as necessary to ensure that it remains current, complete and accurate; (c) not to use the Advanced Services for any illegal purpose; (d) not to impersonate any person or entity; (e) not to interfere with or disrupt networks connected to the Advanced Services or violate the regulations, policies or procedures of such networks; (f) not to attempt to gain unauthorized access to the Advanced Services, other accounts, computer systems or networks connected to the Advanced Services, through password mining or any other means; (g) not to engage in any other conduct which, in Ticketmaster’s or the Rice University sole discretion, is considered unauthorized or objectionable; and (h) not to use the Advanced Services in connection with any commercial endeavors other than to the extent permitted by Ticketmaster or Rice University.
Ticketmaster and the Rice University reserve the right, in each of their sole discretion, to modify, suspend or discontinue any part of the Advanced Services at any time, with or without notice to you. Ticketmaster and the Rice University also reserve the right, in each of their sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Advanced Services without notice to you. Neither Ticketmaster nor the Rice University shall be liable to you or any third party for any claim or cause of action arising out of the Rice University or Ticketmaster’s exercise of the foregoing rights.
Neither Ticketmaster nor the Rice University warrant or represent that the Advanced Services will always function or be error-free. Neither Ticketmaster nor the Rice University assume any liability or responsibility for errors or omissions in the Advanced Services or for problems with its functioning. Your access to and use of the Advanced Services are at your own risk.
Disclaimer; Limitation of Liability
Ticketmaster, the Rice University, their respective affiliates, successors, assignees and licensees, and each of the foregoing’s respective officer, directors, employees and contractors (all such persons, including, but not limited to Ticketmaster, the “Released Parties”) do not make any guarantee that any tickets posted will be purchased through the Advanced Services, or that any tickets forwarded or distributed will be accepted by the intended recipient. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSES’ ACCESS TO, USE OF OR INABILITY TO USE THE ADVANCED SERVICES, ANY INFORMATION PROVIDED ON THE ADVANCED SERVICES OR ANY TRANSACTIONS OR OTHER ACTIVITIES ENTERED INTO THROUGH THE ADVANCED SERVICES (EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE RELEASED PARTIES THROUGH THE USE OF THE ADVANCED SERVICES. WITHOUT LIMITING THE FOREGOING, THE ADVANCED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No information, whether oral or written, obtained by you from any Released Party shall create any warranty not expressly made in these Terms. No Released Party shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Advanced Services or your downloading of any material or information from, or referred to by, the Advanced Services.
You agree to indemnify and hold Ticketmaster, the Rice University and the other Released Parties harmless from and against any third-party claim or demand, including reasonable attorneys’ fees, arising out of your (or that of another party who uses your computer equipment, pass codes or user names) use of the Advanced Services, violation of these Terms or infringement of any intellectual property or other right of any person or entity.
The Rice University may, in its sole discretion, and Ticketmaster may, if authorized by the Rice University, immediately terminate, suspend or restrict your right to use the Advanced Services at any time with or without cause, including without limitation if either finds that you have failed to comply with any provision of these Terms or if either believes, in its sole discretion, that you have in any way abused your right to use the Advanced Services. Neither Ticketmaster nor the Rice University shall be liable to you or to any third party for any claim or cause of action arising out of such termination, restriction or suspension.
These Terms shall be governed by and construed in accordance with the laws of the State where the “home games” of the Rice University are played, without regard to such state’s conflict of law provisions. In the event of a dispute, you, Ticketmaster and the Rice University each agree to submit to the exclusive jurisdiction and consent to the exclusive and personal jurisdiction and venue of these courts. Ticketmaster’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ticketmaster in writing. The Rice University failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Rice University in writing. If a provision of these Terms is void or invalid under, or contravenes an, applicable law, then such provision shall be amended to the extent necessary to restore these Terms’ validity, effect and compliance therewith. The Rice University and Ticketmaster shall not be jointly or severally liable for each other’s actions or omissions. You will not hold Ticketmaster liable for any of the Rice University acts or omissions and you will not hold the Rice University liable for any of Ticketmaster’s acts or omissions.
Specific Additional Terms Governing Specific Advanced Services
The below includes additional terms that are (in addition to the Terms above), applicable to specific Advanced Services, and, together with the above, constitute these “Terms.”
The Group Manager service allows a group manager to distribute group tickets by having the Advanced Services send e-mails to recipients that the group manager designates, and having those recipients click on links in the e-mails to visit a web site where they may retrieve the tickets through the use of Ticketmaster’s ticketFast® electronic delivery system. Each recipient will be responsible for printing out and using the tickets. In some cases the group manager will pay for the tickets. In other cases, the recipients will pay for the tickets. The group manager may be given a choice between these two options, or only one option will be offered to the group manager. If the group manager pays for a ticket, then the group manager may cancel the ticket’s distribution at any time—even after the recipient has already collected the ticket, in which case the recipient’s ticket will be cancelled and the recipient will not be able to use it to attend the event. If the recipient pays (i.e., the group manager does not pay) for a ticket, then the group manager may only cancel a distribution before the recipient pays for the ticket; once the recipient pays for a ticket the group manager will not be able to cancel it.
Before instructing the Advanced Services to purchase a group ticket, the purchaser should carefully review all purchase selections. The purchaser will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law.
If an event for which a group ticket is distributed via the Advanced Services is cancelled or postponed, please contact the Rice University directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.
Season Ticket Forwarding
The ticket forwarding service allows you to forward your season tickets for a Game or event as an attachment to an e-mail sent to an e-mail address that you specify, through the use of Ticketmaster’s ticketFast® electronic delivery system. The recipient will then be responsible for printing out and using those season tickets. Once you have instructed the Advanced Services to forward a season ticket for a Game or event, you will not be able to recall it, even if the Advanced Services have not yet sent it. You therefore agree to carefully review both the ticket information and the recipient information you have provided during the ticket forwarding process before instructing the Advanced Services to forward a ticket.
Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by the Rice University or the Advanced Services. You may be required to provide the Advanced Services with your credit card number and other information in order to pay such fees, which will be processed or collected by the Rice University or Ticketmaster. Such fees are not refundable under any circumstances.
If the Rice University offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on the Rice University web site. You should not assume that you will receive a tax deduction for forwarding tickets to a charity, or any documents that can be used to support a tax deduction, as you may not.
If an event for which a ticket is forwarded via the Advanced Services is cancelled or postponed, please contact the Rice University directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.
Ticket Selling and Posting for Sale
If you use the Advanced Services to sell a ticket, you will be the ticket’s seller; the Rice University and Ticketmaster will not be. The Rice University and Ticketmaster are only providing certain services that will facilitate your sale. You represent that your listing of tickets on the Exchange, TM+ or any other resale platform owned or controlled by Ticketmaster, complies with all applicable local, state and federal laws and regulations.
Before posting a ticket for sale via the Advanced Services, please consult the web site pages through which you will be posting your ticket for sale (as well as such web site’s FAQs and Help sections), which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time as described below in the section marked “Title; Role of Rice University and Ticketmaster”. Ticketmaster or the Rice University will collect funds from the purchaser and the Rice University will transmit to you a credit or payment as described elsewhere in these Terms.
By posting a ticket using the Advanced Services, you authorize Ticketmaster and the Rice University, upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). The Rice University will be responsible for all payments and credits to you, you will solely hold the Rice University responsible for such payment or credit and neither Ticketmaster nor any other person or organization will be liable therefor.
Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as Rice University may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.
You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale on the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.
If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by the Rice University, the difference between the amount of payments you collected in connection with such sale and the amount of money that the Rice University would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from Rice University but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that the Rice University would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by the Rice University, all of the payments you collected in connection with such sale, but the Rice University will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from Rice University but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but the Rice University will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.
The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.
The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.
Ticket Purchasing; No Refunds or Exchanges; Payment Methods
The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from the Rice University. These individuals and businesses are the sellers of the tickets, not the Rice University or Ticketmaster. Although Ticketmaster or the Rice University may process your payment, or be the name that you see on your credit card statement, neither Ticketmaster nor the Rice University is the seller of such a ticket. Please review the section of these Terms marked “Title; Role of Rice University and Ticketmaster.” Once you have made your election to purchase a ticket from a third party via the Advanced Services, the ticket that seller is holding will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket. If a ticket was purchased through TM+, the event was canceled and a refund is issued, we will issue a refund of the ticket price you paid through TM+ and the service fee (if any) you paid.
You are obligated to complete the transaction unless the transaction is prohibited by law or these Terms. Before instructing the Advanced Services to purchase a ticket, carefully review your selection. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law. Please check the purchase page to see which credit cards the Advanced Services accept for payment.
After you have purchased the tickets, they may be sent to you as an attachment to an e-mail sent to an e-mail address that you specify, through the use of Ticketmaster’s ticketFast® electronic delivery system. You will be responsible for printing out and using the tickets. Once you have instructed the Advanced Services to send a ticketFast ticket, you will not be able to recall it.
Please note that you may be required to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. The Released Parties make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see the applicable web site for further restrictions.
If an event for which you have purchased a ticket is cancelled or postponed, please review the Rice University web site to find out if you are eligible to receive a credit or a refund.
Add Credit; Add Concession Credit
The “Add Credit” (aka “Add Concession Credit”) Advanced Service allows a ticket forwarder or group manager to authorize one or more ticket recipients to charge food, drinks or other goods or services (“Concessions”) to such forwarder’s or group manager’s credit card by having the holder of the ticket have that ticket scanned by the vender of such Concessions. Add Concession Credit also allows a season ticket holder to retain for his own use the tickets to which he has added credit, so that the season ticket holder can charge Concessions to his own credit card by keeping the tickets to which he has added credit and then having them scanned by the vender of such Concessions. If you elect to add or forward credit, YOU AUTHORIZE PERSON(S) WHO POSSESSES THE ORIGINALS OR COPIES OF THE TICKETS that are distributed via ticket forwarding or group manager, or through any other means, to incur charges to your credit card ON YOUR BEHALF by having such ORIGINALS OR COPIES OF SUCH TICKETS SCANNED BY A VENDER AT OR NEAR THE EVENT, REGARDLESS OF WHETHER YOU HAVE ANY RELATIONSHIP WITH THE HOLDER OF SUCH ORIGINALS OR COPIES OR WHETHER SUCH PERSON(S) OBTAINED SUCH ORIGINALS OR COPIES FROM A SOURCE OTHER THAN THE ADVANCED SERVICES OR THE INTENDED RECIPIENT(S). THE AMOUNT AUTHORIZED TO BE CHARGED SHALL BE THE LESSER OF THE LIMIT THAT YOU SET THROUGH THE ADVANCED SERVICES OR YOUR CREDIT LIMIT. By using the “Add Credit” Advanced Services, you authorize Ticketmaster and the Rice University to forward your credit card and other information to each vender where such copies or originals of such tickets may be scanned so that such vender will be able to charge your credit card account if such an original or copy of the ticket is presented to be scanned. IF THE RECIPIENT LETS THE ORIGINALS OR COPIES OF TICKETS OUT OF HIS SIGHT, OR ALLOWS THEM TO BE COPIED OR USED, THEN THE CREDIT CARD HOLDER WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES, WHETHER OR NOT CAUSED BY A THIRD PARTY.
Season, Package and Single Event Ticket Purchases; Suite Additionals; Rights of Refusal; Other Purchases and Services
The Advanced Services may be used in many cases to allow you to purchase or renew season tickets, register for season ticket waiting lists, to purchase rights of refusal for post season Rice University or other Game or event tickets, to purchase “suite additionals”, to purchase concessions or parking, to purchase ticket packages or single event tickets, to pay ticket or waiting list deposits, or to engage in other activities. If you elect to engage in any such transaction, then provisions additional to these Terms may apply. Please consult the Rice University for additional terms and requirements.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. You may download the forms located at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.doc. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket made through TicketExchange by Ticketmaster for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction made through TicketExchange by Ticketmaster for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or firstname.lastname@example.org.