Terms of Use

Last Updated: January 9, 2018

The following are the terms of use ("Terms") that govern your use of the Account Manager website (the "Site"), which features advanced ticketing transaction technologies and services (collectively referred to as "Advanced Services"). Some of the Advanced Services are provided by the Vivint Smart Home Arena, and some of the Advanced Services are provided by Ticketmaster ("us" or "we"). Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. These Terms shall constitute a valid, binding and enforceable legal agreement among you, the Vivint Smart Home Arena and us. There shall be no oral or implied agreement between you and us, you and the Vivint Smart Home Arena, or you, us and the Vivint Smart Home Arena, that shall be binding or enforceable. By visiting or using the Site, you expressly agree to these Terms, as may be updated from time to time.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

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Account Registration

You will be required to register for an account to use the Site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

  • Restrict or inhibit any other person from using the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site users.

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 reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by us, the Vivint Smart Home Arena or our licensors. We own a copyright and, in many instances, patents and other intellectual property 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-sublicensable license to view this Site and its Content as permitted by these Terms only if, as a condition precedent, you agree that you will not:

  • 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 the 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 Content;
  • 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 or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
  • Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
  • Reproduce or scan tickets in a format or medium different from that provided by the Site;
  • Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or 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, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us, the Vivint Smart Home Arena or our licensors. You may not use our or the Vivint Smart Home Arena trademarks, logos and service marks in any way without our prior written permission.

Links

The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Access from Outside the United States

The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

Purchasing Tickets

The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from the Vivint Smart Home Arena. These individuals and businesses are the sellers of the tickets, not us or the Vivint Smart Home Arena. Although we or the Vivint Smart Home Arena may process your payment, or may be the name that you see on your credit card statement, neither we nor the Vivint Smart Home Arena is the seller of the ticket. When you purchase a ticket from a third party via the Advanced Services, the original ticket 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. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by the Vivint Smart Home Arena.

The Vivint Smart Home Arena may require you 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. We and the Vivint Smart Home Arena 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 Vivint Smart Home Arena website for further restrictions.

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket price paid and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

The Vivint Smart Home Arena reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the Vivint Smart Home Arena rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

We are not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. We are not responsible for any delay causing you to arrive late or miss your event for any reason. If our actions result in you missing your event, we will not be liable for more than your total purchase price. We are not responsible for the conditions or the actions of the crowd at any event or for any changes made at the venue including without limitation seating arrangements, stage set-up or venue conditions.

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.

Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

Posting Tickets for Sale

If you use the Advanced Services to sell a ticket, you will be the ticket’s seller, not us or the Vivint Smart Home Arena. We and the Vivint Smart Home Arena are only providing certain services that will facilitate your sale. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws, rules and regulations when listing your tickets on any resale platform owned or controlled by us.

Before posting a ticket for sale via the Advanced Services, please consult the website through which you will be posting your ticket for sale, 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. We or the Vivint Smart Home Arena will collect funds from the purchaser, and the Vivint Smart Home Arena will transmit to you a credit or payment as described elsewhere in these Terms.

By posting a ticket using the Advanced Services, you authorize us and the Vivint Smart Home Arena, 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 Vivint Smart Home Arena will be responsible for all payments and credits to you, you will solely hold the Vivint Smart Home Arena responsible for such payment or credit and neither we 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 the Vivint Smart Home Arena 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 via 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 Vivint Smart Home Arena, the difference between the amount of payments you collected in connection with such sale and the amount of money that the Vivint Smart Home Arena 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 Vivint Smart Home Arena but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that the Vivint Smart Home Arena 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 Vivint Smart Home Arena, all of the payments you collected in connection with such sale, but the Vivint Smart Home Arena 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 Vivint Smart Home Arena but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but the Vivint Smart Home Arena 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.

Other Purchases and Services

You may be able to access Advanced Services to:

  • purchase or renew season tickets;
  • register for season ticket waiting lists;
  • purchase rights of refusal for post season event tickets;
  • purchase additional suite seats;
  • purchase parking;
  • purchase ticket packages or single event tickets;
  • pay ticket or waiting list deposits;
  • engage in other activities.

If you elect to engage in any such transaction, then additional terms may apply. Please consult Vivint Smart Home Arena for additional terms and requirements.

Group Tickets

The Vivint Smart Home Arena may allow a designated person (“Group Manager”) to distribute group tickets. If you are in the group ticket distribution, the Group Manager will send you an email to retrieve print-at-home tickets. You will be responsible for printing out and using your tickets. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. If the Group Manager pays for a ticket, then the Group Manager may cancel ticket distribution at any time, even after you have already retreived your ticket, in which case you will not be able to use it to attend the event. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket the Group Manager will not be able to cancel it. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by the Vivint Smart Home Arena.

Season Ticket Forwarding

The Advanced Services may permit you to forward your season tickets to another person. You can send an email invitation with a link to transfer your tickets and if the recipient accepts your offer, the tickets will be placed into the recipient’s Ticketmaster account. Once the recipient accepts your offer, you will not be able to cancel the tickets.

Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by us or the Vivint Smart Home Arena. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by us or the Vivint Smart Home Arena. Such fees are not refundable under any circumstances.

If the Vivint Smart Home Arena 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 Vivint Smart Home Arena website. 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.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms.

You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. If you violate these Terms, 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, each 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 we may exercise any other remedy available to us.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR THE Vivint Smart Home Arena, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (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 OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Indemnification

If anyone brings a claim against us related to your use of the Site or the content, or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, the Vivint Smart Home Arena, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

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.comeyuaecyuuxzaewywdvcexzuffdyvyxbqaf. 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 or by calling (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 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 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 ticketexchange@ticketmaster.com

.

Questions

If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:

Live Nation Entertainment, Inc.
9348 Civic Center Drive
Beverly Hills, CA 90210
(800) 653-8000

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Live Nation Premium Seat Program
Terms & Conditions

The following terms and conditions, as well as any other policies, rules or guidelines that may be applicable to particular offers or features presented to you by Live Nation Worldwide, Inc. (“LN”, “we” or “us”), (collectively "Terms") govern your purchase of tickets under the Premium Seat Sales program. By completing your purchase of tickets under this program, you expressly agree to these Terms, which together with your Invoice, constitute the “Agreement”. We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on AccountManager, at which time you will be prompted to accept these revised Terms at the time of your next login. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to purchase and use tickets after that date, you agree to the changes.

I. Definitions

  1. “Concerts” means live entertainment events at the Venue occurring during the Term, promoted and produced by LN, and do not include (i) those events which are free of charge to the general public; (ii) private events; (iii) events which have as their major focus activities and entertaining outside of the Venue’s reserved and lawn seating areas, such as fairs, folk festivals and cook-offs (other than music festivals); (iv) third party venue rentals; and (v) the Warped Tour. For purposes of this Agreement, each day of a multi-day music festival shall be considered a separate Concert.
  2. "Concert Season" means on or about April 1-November 1 during the calendar year of this Agreement.
  3. “Concert Threshold” means the number of Concerts provided as part of Purchaser’s full concert season package, in order of public announcement date by LN, as stated on your Invoice.
  4. “Fee” means the amount due for a specific package as indicated on your Invoice.
  5. “Force Majeure Event” means war, revolution, civil riot, disaster, acts of public enemies, blockade or embargo, strikes, any law, order, proclamation, or any other act whatsoever, which is beyond the reasonable control of either of us.
  6. “Opt-Out Additional Tickets” means the number of tickets equal to the number of Seats you purchased at the Venue to each additional Concert above the Concert Threshold.
  7. "Opt-In Per Concert Price" means the per-Concert price set forth on your Invoice.
  8. "Opt-In Threshold Credit" means an amount equal to the difference between the number of Concerts that occurred during the Concert Season and the Concert Threshold, multiplied by the Opt-In Per Concert Price per Concert.
  9. "Opt-Out Per Concert Price" means the per-Concert price set forth on your Invoice.
  10. "Opt-Out Threshold Credit" means an amount equal to the difference between the number of Concerts that occurred during the Concert Season and the Concert Threshold, multiplied by the Opt-Out Per Concert Price per Concert.
  11. “Invoice” means the document that details the purchase of your Premium Seat Sales package.
  12. “Marks” means our company and Venue names and logos.
  13. M. “Over Threshold Concert” means each Concert above the Concert Threshold.
  14. N. “Seat” means the physical seat(s) detailed on the Invoice to which these Terms are attached.
  15. O. “Term” means the period beginning on the Effective Date until December 31 of the calendar year of this Agreement.
  16. P. “Ticket Bank” means a deposit of funds in an amount designated on the Invoice to use toward the purchase of Concert tickets and certain VIP amenities.
  17. Q. “Venue” means the facility where a Concert is held.

II. General Terms

  1. Seat Ownership. We own and control all rights to the Seats for all Concerts. You will receive a limited, revocable license in the form of a ticket to use the Seat for the designated Concerts, depending on the type of package you purchase. Your license is subject to all rules, regulations and policies related to Concert tickets as established by us and the Venue. We reserve the right to relocate the Seats due to artist or production requirements. No rights or obligations, including without limitation renewal, are created or conferred on either party beyond these Terms. Licenses are issued and may be renewed at our sole discretion. If applicable, we will provide you with a designated number of complimentary parking passes for each Concert (other than music festivals). The number of complimentary parking passes available for music festivals may vary. Each parking pass is good for one (1) vehicle. Complimentary parking is available on a first come, first served basis. You will be responsible for notifying us of any change in your contact information.
  2. Use of Tickets. You may not use tickets in any connection whatsoever with any advertising, promotion (including contests and sweepstakes) or other commercial or trade purposes without our express written consent. Non-compliance with the preceding may result in termination of your purchase and forfeiture of any prepaid Fees, and we shall retain the right to pursue any and all other legal rights and remedies afforded us. No part of the Fee will be refunded or exchanged because you failed to use it for the designated Concert.
  3. Resale. Nothing in this Agreement restricts your ability to post tickets acquired pursuant to this Agreement on TM+ (Fan-to-Fan) and any other resale marketplace, provided that:
    1. If you post your tickets for sale in a resale marketplace, you must also post them for sale on TM+ (Fan-to-Fan). Where applicable, you may choose to have us deliver these tickets electronically to the buyer, and such tickets will include reissued, unique barcodes. Note that VIP amenities (including VIP club and parking) are not transferrable.
    2. You may not re-sell or advertise for resale any Concert tickets on Venue property or prior to any public on-sale.
    3. You may not use our Marks (or any other similar marks), and must use best efforts to prevent your affiliates from using our Marks (or any other similar mark), to advertise the resale of tickets you receive under the Agreement, including without limitation via Google AdWords, an internet URL and any Venue “fan” or informational website.
    4. There will be a minimum five dollar ($5.00) per ticket fee for all tickets printed and mailed out by us if you are otherwise able to obtain your tickets via AccountManager.
    5. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.
  4. Venue Policies. You and each of your guests and invitees shall comply with all policies established from time to time by us and the Venue. Any person acting in a manner that threatens the general peace and security of any Concert, including without limitation using foul or abusive language, appearing intoxicated or otherwise displaying rowdy or inconsiderate behavior, is subject to ejection. If you or any of your guests or invitees fail to maintain proper decorum during a Concert or fail to comply with any of our or Venue policies, we may terminate the Agreement for your breach.
  5. Payments.
    1. You are responsible for paying all Fees by the due dates set forth in the Invoice. If we do not receive any payment within ten (10) business days after its applicable due date, the amount past due will accrue interest at the maximum rate allowed by law, and you must additionally pay a late fee in an amount equal to two percent (2%) of the amount that is past due. If you fail to pay the Fees due, we may, in our discretion, (i) withhold tickets to the Seat(s) until all past due amounts have been paid, or (ii) terminate the Agreement due to your breach. In each case, without limiting any of our other rights or remedies, we will have the right to resell the tickets. The foregoing will not relieve you of your obligation to pay any outstanding balances. The refund provisions of the Live Nation Fan Guarantee do not apply to the Agreement, and we will not issue exchanges or refunds for lost, stolen, damaged or destroyed tickets.
    2. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to your tickets. Without limiting the foregoing, you will not contact us or the Venue to seek a refund or exchange when that is prohibited hereunder or by our policies or those of the Venue, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future ticket purchases by any person who accesses or uses any associated online account or credit card (including any person whose name is listed thereon) or who otherwise breaches this provision. Returned or dishonored checks may be subject to a handling charge. We may also require you to make all future payments in the form of guaranteed funds (money order, cashier's check or wire transfer). If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the price you paid for the ticket. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
    3. If you pay us by check, reference your name on the check and make the check payable to:

      Live Nation Worldwide, Inc.
      Attn: Accounts Receivable
      Dept. LA23625
      Pasadena, California 91185-3625
  6. Assignment. You may not assign or transfer this Agreement, whether voluntary or by gift, bequest or operation of law, without our express written consent. Any assignment in violation of this section shall be deemed void.
  7. Force Majeure. The failure of either you or us to comply with these Terms, other than the payment of Fees, due to a Force Majeure Event will not be deemed a breach of this Agreement.
  8. Change of Status, Control or Purpose of Venue. In the event the Venue is closed or sold or if we cancel all or part of a Concert Season for any reason whatsoever, other than a force majeure event, then we will refund to you your unearned portion of the total Fee you paid, if any.
  9. Termination. In addition to any other termination provisions in this Agreement, if we terminate this Agreement due to your breach of Sections II.B-F, you agree to pay us liquidated damages in the amount equal to the balance remaining on the applicable Invoice(s) at the time of such termination. If we terminate this Agreement for any reason other than due to your breach, we will refund to you your unearned portion of the total Fee you paid, if any.
  10. Assumption of Risk. You voluntarily assume all risks and danger incidental to the Concert for which the ticket is issued, whether occurring before, during or after the Concert, and you waive any claims for personal injury or death against us, the Venue, artists, other attendees or participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying guest or invitee. You bear all risks of inclement weather.
  11. Recording, Transmission and Exhibition. You agree that the Concert for which you purchase tickets is a public event, that your appearance and actions inside and outside the Venue where the Concert occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Concert. You grant permission to us and the Concert provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Concert (regardless of whether before, during or after performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
  12. You Are Subject to Search. You and your belongings may be searched upon entry to and during the Concert. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Concert without refund or other compensation. Under certain Venue rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
  13. Limitation of Liability. IN NO EVENT WILL WE OR THE CONCERT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE THIS AGREEMENT AND ANY SEAT OR TICKET, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF A SEAT OR TICKETS, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A FACILITY TO HONOR A TICKET. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
  14. Indemnification. If anyone brings a claim against us related to your or your guest’s or invitee’s use of the Seats or tickets or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, Concert providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
  15. Applicable Law. This Agreement will be governed by and construed according to the laws of the state where the Venue(ies) is located, without regard to the conflict of laws provisions thereof. You submit to the personal and subject matter jurisdiction of the state and federal courts located in such state, which shall be the exclusive venue for any dispute.
  16. Disputes, Including Mandatory Arbitration and Class Action Waiver. Any dispute or claim relating in any way to the Agreement will be resolved by binding arbitration rather than in court. In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us must 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 the Agreement, including without limitation any claim that all or any part of the Agreement is void or voidable. 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. 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.
  17. Notices. Any notice or other communication under the Agreement will be in writing and will be effective upon the earlier of actual receipt, five (5) days following deposit into the United States mail (certified mail, return receipt requested), the next business day following deposit with a nationally recognized overnight courier service, or the same day following transmission of a legible facsimile copy or email during regular business hours (with the original thereof posted first-class mail, postage prepaid, within two (2) business days thereafter), in each case with any delivery fees pre-paid.
  18. Waiver. If you or we fail to enforce any of the provisions of the Agreement or any rights, or fail to exercise any election provided in the Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of the Agreement.
  19. No Representation or Warranty by LN. There is no verbal agreement or other understanding between you and us, and LN makes no warranties or representations, regarding the number of Concerts to be held during the Concert Season(s) covered by this Agreement.
  20. Severability. In the event that any term or provision of the Agreement is held to be invalid, void or unenforceable, then the remainder of the Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
  21. Entire Agreement. The Agreement, including the Invoice, constitutes the entire understanding between us and supersedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing.

III. Terms Applicable to Full Concert Season Packages

  1. Grant of Rights.
    1. Venues with “Flat Rate” Pricing. You will have the exclusive right to receive one (1) ticket per Seat and any applicable VIP amenities, as stated on your Invoice, at all Concerts at the Venue during the Concert Season. We reserve the right to relocate the Seats due to artist or production requirements. You will be required to pay the full Fee indicated on your Invoice regardless of the number of Concerts held during the Concert Season or the number of Concert tickets you actually use.
    2. Venues with "Opt-In" Pricing. You will have the exclusive right to receive one (1) ticket per Seat and any applicable VIP amenities, as stated on your Invoice, at all Concerts at the Venue during the Concert Season. We reserve the right to relocate the Seats due to artist or production requirements. If fewer Concerts than the Concert Threshold occur during the Concert Season, you will receive an Opt-In Threshold Credit toward the purchase of a Premium Seat Sales product for the following Concert Season. In the alternative, you may request in writing that the Opt-In Threshold Credit be paid by check (if the original payment method was cash or check) or refunded to the credit or debit card originally used following the conclusion of the Concert Season. You agree to pay us the Opt-In Per Concert Price for each Over-Threshold Concert. You authorize us to charge the Opt-In Per Concert Price to the credit card on file for your Invoice without further notice to you. If a valid credit card is not on file, you agree to pay the Opt-In Per Concert Price by the deadline we set, which will be no fewer than seven (7) days after tickets are placed on sale to the general public.
    3. Venues with "Opt-Out" Pricing. You will have the exclusive right to receive one (1) ticket per Seat and any applicable VIP amenities, as stated on your Invoice, at the defined number of Concerts in the Concert Threshold. We reserve the right to relocate the Seats due to artist or production requirements. If fewer Concerts occur during the Concert Season, you will receive an Opt-Out Threshold Credit toward the purchase of a Premium Seat Sales product for the following Concert Season. In the alternative, you may request in writing that the Opt-Out Threshold Credit be paid by check (if the original payment method was cash or check) or refunded to the credit or debit card originally used following conclusion of the Concert Season. You will have the right to purchase certain Opt-Out Additional Tickets. We will attempt to provide your Opt-Out Additional Tickets in the Seats, subject to availability and artist approval, but cannot guarantee that the Seats will be available. You will have the right to purchase Opt-Out Additional Tickets at the then-current pricing, as communicated to you by us. Any Opt-Out Additional Tickets must be purchased by the deadline we set, which is typically no later than seven (7) days after tickets are placed on sale to the general public.
    4. Additional Tickets. Subject to availability and artist approval, you may have the right to purchase additional tickets to each Concert at the Venue. Additional tickets are separate from any other tickets you purchase via your Invoice. Additional tickets may be purchased at the published price plus applicable taxes and fees. Additional tickets must be purchased no later than seven (7) days after tickets are placed on sale to the general public or by the deadline we set.
  2. Renewal. We may invite you to renew the Agreement for the following Concert Season. You must confirm your acceptance of our renewal offer within the period designated in the renewal offer. Any renewal will be subject to the same terms and conditions offered to other purchasers at that time. We cannot guarantee that you will have the right to renew the Agreement or, if you renew, that you will receive the same Seats.
  3. Termination. If you notify us of your intent to terminate the Agreement without cause or if we terminate the Agreement due to your breach (each, “Your Termination”), you must pay us the Termination Fee set forth below and we will be released from all further obligations and liabilities to you under the Agreement. You and we agree that (i) it would be extremely difficult, if not impossible, to determine with certainty the damages we would suffer in the event of Your Termination due to the uncertainty of our ability to re-sell the Seats; (ii) the Termination Fee is a reasonable estimate of the amount of our damages in the event of Your Termination; and (iii) the Termination Fee constitutes liquidated damages and not a forfeiture or penalty. Your payment of the Termination Fee shall be in lieu of all other monetary damages that may be payable by you to us as a result of Your Termination. For purposes of this section, the Termination Fee shall mean all then-outstanding Fees for tickets and VIP amenities that you already ordered and/or used, plus a percentage of the total Fees due under the Agreement for the upcoming Concert Season, as set forth below:
    Number of Days Your Termination Occurs
    Prior to the Concert Season Start Date
    Percentage of Fees
    Due
    120 or more 10%
    60 to 119 20%
    31 to 59 25%
    1 to 30 30%
    Number of Days Purchaser Termination Occurs
    During the Concert Season
    Percentage of Fees
    Due
    1 to 30 40%
    31 to end 50%
  4. Cancellation or Postponement of a Concert.
    1. Venues with "Flat Rate" Pricing: If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, you are in no way relieved of your obligation to pay us the total Fee stated in the Invoice, nor will you receive a refund or discount of the total Fee stated in the Invoice. For rescheduled Concerts, you will not be entitled to use the Seats unless the rescheduled Concert falls within the Term.
    2. Venues with “Opt-In” Pricing: If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, you will receive, as applicable and upon request, a Threshold Credit or a refund of the Opt-In Concert Price. If paper tickets were issued prior to a cancelled or postponed Concert, then we may ask you to return the paper tickets for the cancelled or postponed Concert before we issue a Threshold Credit or refund.
    3. Venues with "Opt-Out” Pricing: If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, you will receive replacement tickets to the next Concert we publicly announce in addition to the number of Concerts we had previously announced for the Concert Season, based on availability. If no other Concerts are available in the Concert Season, then you will receive a Threshold Credit. If paper tickets were issued prior to a cancelled or postponed Concert, then we may ask you to return the paper tickets for the cancelled or postponed Concert before we issue a Threshold Credit.

IV. Terms Applicable to Series Packages

  1. Grant of Rights. You will have the exclusive right to use the Seats to the selected Concerts and the applicable VIP amenities at the Venue for each Concert in the series during the Concert Season. Series Packages must consist of a minimum of three (3) Concerts. Only one Concert of an artist’s multi-night run may be included in the series, unless otherwise communicated to you by us. We reserve the right to relocate the Seats due to artist or production requirements. Cancellation of a Concert or postponement of a Concert outside of the Term in no way relieves you of your obligation to make full payment of the Fee amount stated on the Invoice.
  2. Termination. If you notify us of your intent to terminate the Agreement without cause or if we terminate the Agreement due to your breach (each, “Your Termination”), you must pay us the Termination Fee set forth below and we will be released from all further obligations and liabilities to you under the Agreement. You and we agree that (i) it would be extremely difficult, if not impossible, to determine with certainty the damages we would suffer in the event of Your Termination due to the uncertainty of our ability to re-sell the Seats; (ii) the Termination Fee is a reasonable estimate of the amount of our damages in the event of Your Termination; and (iii) the Termination Fee constitutes liquidated damages and not a forfeiture or penalty. Your payment of the Termination Fee shall be in lieu of all other monetary damages that may be payable by you to us as a result of Your Termination. For purposes of this section, the Termination Fee shall mean all then-outstanding Fees for tickets and VIP amenities that you already ordered and/or used, plus a percentage of the total Fees due under the Agreement for the upcoming Concert Season, as set forth below:
    Number of Days Your Termination Occurs
    Prior to the Concert Season Start Date
    Percentage of Fees
    Due
    120 or more 10%
    60 to 119 20%
    31 to 59 25%
    1 to 30 30%
    Number of Days Purchaser Termination Occurs
    During the Concert Season
    Percentage of Fees
    Due
    1 to 30 40%
    31 to end 50%

C. Cancellation or Postponement of a Concert. If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, you will receive replacement tickets to a mutually agreed upon Concert on the remaining schedule, subject to availability. If you and we are not able to agree on a replacement Concert, you will receive replacement tickets to the next available Concert. If there are no more available Concerts for you to select as a replacement, then you will receive a refund equal to the cost of the tickets and any VIP amenities for the canceled or postponed Concert. For those postponed Concerts originally scheduled during the Term, you will not be entitled to use the Seats unless the rescheduled Concert falls within the Term.

V. Terms Applicable to Single Concert Packages (fka Personal Seat License)

  1. Grant of Rights. You will have the exclusive right to purchase one (1) ticket per Seat to all Concerts at the Venue during the Concert Season during a specified time period. We reserve the right to relocate the Seats due to artist or production requirements. You must pay the amounts due for all tickets in addition to your Fee. You must pay your Fee in full before you will be permitted to place any ticket orders. We will notify you of the Concert schedule, ticket prices (including applicable taxes and fees) and time period within which you may purchase tickets. If you do not purchase tickets during the specified time period, your exclusive rights to the Seats will expire.
  2. Renewal. We may invite you to renew the Agreement for the following Concert Season. You must confirm your acceptance of our renewal offer within the period designated in the renewal offer. Any renewal will be subject to the same terms and conditions offered to other purchasers at that time. We cannot guarantee that you will have the right to renew the Agreement or, if you renew, that you will receive the same Seats.
  3. Cancellation or Postponement of a Concert. If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, we will provide you with replacement tickets or refund you the price you paid for the original tickets, at our discretion. For those postponed Concerts originally scheduled during the Term, you will not be entitled to use the Seats unless the rescheduled Concert falls within the Term. Cancellation of a Concert or postponement of a Concert outside of the Term in no way relieves you of your obligation to make full payment of the Fee amount stated on the Invoice.

VI. Terms Applicable to VIP Ticket Banks

  1. Grant of Rights. Throughout the Term, you will have the right to use your Ticket Bank to purchase tickets and certain VIP amenities to Concerts at the Venue. All ticket and VIP amenity purchases will be deducted from the Ticket Bank, including any applicable service fees and taxes. The number of tickets and VIP amenities per Concert which may be purchased against the Ticket Bank will be based on availability at the time of your request and any applicable artist or Venue restrictions. Ticket and VIP amenity orders will be processed only if the Ticket Bank has a value greater than or equal to your order, including service fees and applicable taxes. You forfeit any amount remaining in the Ticket Bank at the end of the Term.
  2. Cancellation or Postponement of a Concert. If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, you will receive replacement tickets to a mutually agreed upon Concert on the remaining schedule, subject to availability. If you and we are not able to agree on a replacement Concert, you will receive replacement tickets to the next available Concert. If there are no more available Concerts for you to select as a replacement, then you will receive a refund equal to the cost of the tickets and any VIP amenities for the canceled or postponed Concert. For those postponed Concerts originally scheduled during the Term, you will not be entitled to use the Seats unless the rescheduled Concert falls within the Term.

VII. Venue Membership

  1. Grant of Rights. You will have the right to purchase one (1) ticket per membership Fee to all Concerts at the Venue during the Concert Season during a specified time period prior to the public on-sale date. The Fee is in addition to the cost of any tickets you purchase under the Agreement. You must pay your Fee in full before you will be permitted to place any ticket orders. If you do not purchase tickets during the specified time period, your exclusive rights will expire. We will notify you of the Concert schedule, ticket prices (including applicable taxes and fees) and time period within which you may purchase tickets. We cannot guarantee a specific seat location, but your seats will be within a designated section of the Venue. Any reserved seating tickets will be assigned randomly on the same day among all purchasers who have purchased tickets for the same Concert. Tickets shall be sold on a first come, first served basis among all purchasers during the specified time period.
  2. Renewal. We may invite you to renew the Agreement for the following Concert Season. You must confirm your acceptance of our renewal offer within the period designated in the renewal offer. Any renewal will be subject to the same terms and conditions offered to other purchasers at that time. We cannot guarantee that you will have the right to renew the Agreement or, if you renew, that you will receive the same Seats.
  3. Cancellation or Postponement of a Concert. If one or more Concerts during the Concert Season is, for any reason, cancelled or postponed and rescheduled for a date outside of the Term, we will provide you with replacement tickets or refund you the price you paid for the original tickets, at our discretion. Cancellation of a Concert or postponement of a Concert outside of the Term in no way relieves you of your obligation to make full payment of the Fee amount stated on the Invoice.