The following are the terms ("Terms") that govern your listing of tickets for sale through the TicketsNow Marketplace ("Marketplace"). Our
Privacy Policy, Terms of Use, and any other policies, rules or guidelines that may be applicable to particular offers or features in the Marketplace are also incorporated into these Terms. By listing tickets for sale in the Marketplace, you expressly agree to these Terms, as may be updated from time to time.
ACCOUNT INFORMATION
You will need an account to list a ticket for sale in the Marketplace. You will be required to provide us with valid credit card and checking account information. When you list tickets for sale, we may ask you to provide additional information, including confirming your credit card or checking account information. We will use this information, along with other information you submit including related to your tickets, to determine any applicable restrictions on your ticket listing price and the number of tickets you may sell through TicketsNow or a particular listing.
TICKET DETAILS
By listing tickets for sale in the Marketplace, you represent that you are in possession of the tickets at the time of the listing. You must indicate Section and Row information as it appears on each ticket and set a price for each ticket ("Listing Price"). All tickets in a single listing must be for adjacent seats to the same event. You may split a group of tickets into multiple listings, provided that grouped tickets all have adjacent seat numbers. You must also indicate, using the drop-down menu provided, whether the ticket is for a location that includes an obstructed view or any other similar notations printed on the ticket, where applicable. We may remove your listing at any time if it includes a vague seat location (such as "TBD") or a seat location that doesn't exist. If you do not accurately list the details of the ticket you deliver to the buyer, you may not get paid or we may charge you extra fees we incur for finding replacement tickets for the buyer. We may also suspend or terminate your access to the Marketplace. We may prohibit the listing for sale of certain types of tickets or tickets to certain events, and you may see an error message if your listing is not permitted. We do not guarantee that any tickets you list will be purchased through TicketsNow, and we will have no obligation to pay you for any tickets that are not sold.
When you use TicketsNow to resell a ticket, you are the ticket seller. Neither we nor the event provider is the seller. You represent and warrant that you are the rightful owner of each ticket that you post for sale on TicketsNow, you have the authority and right to offer, sell, and honor the tickets to the event, and that no ticket is subject to any liens, claims or other encumbrances. You may not use TicketsNow for any illegal or fraudulent purpose, or to post or sell any tickets that you do not own, possess or for which you have a contractual right. You may not impersonate any person or entity, including without limitation a ticket holder. You represent and warrant that any content you provide to us for use on our website is not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and does not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity. You represent that your listing of tickets on TicketsNow complies with all applicable laws, including ticket resale laws.
LISTING EXPIRATION
Unless you set an expiration date for your ticket listing ("List Until Date"), we will set the List Until Date. If a ticket is not ordered by a buyer on or before the List Until Date, the listing will expire and the tickets will no longer be offered for sale in the Marketplace. Tickets that are eligible for electronic delivery may occasionally have an extended List Until Date. We will not be responsible for tickets listed that do not sell for any reason.
You may delete a Ticket Listing at any time before the ticket is purchased. Once you confirm a purchase, you may not modify or cancel the Ticket Listing.
CONFIRMING A SALE
Unless you submitted a ticket bar code at the time you listed your tickets, you will be required to confirm each sale. Status of a pending sale will be delivered to you via the email address attached to the account, and will be available by logging into your account on TicketsNow.com. We require all confirmations to be completed within 24 to 48 hours. We may contact you via your provided phone number or email address and ask for confirmation.
TICKET DELIVERY
Once a sale is confirmed, you must deliver the tickets to the purchaser immediately. If the purchaser chose to receive paper tickets, print out the UPS shipping label we provide through your account and ship the tickets to the purchaser. If the purchaser chose the electronic delivery option, provide the barcode found on each ticket sold. You will be notified via email that the shipping label is ready for printing or when your barcodes are ready for entry. Payment to you will be initiated upon delivery verification of the tickets being received by the purchaser. If you fail to deliver the tickets you listed on TicketsNow or the tickets delivered are invalid, fraudulent, or misrepresented, we have the right to cancel the order, and hold you liable for any charges incurred. These charges may include, but are not limited to, the cost of replacement tickets, discount materials (gift cards or other promotions), reprinting fees, UPS re-routing and re-shipping charges, and refunds to the original purchaser of the tickets.
TICKET PROCEEDS
If your ticket is purchased through the Marketplace, you must send the ticket to the buyer in order to collect your proceeds. The buyer will pay the Listing Price to us, plus a TicketsNow service charge and any shipping and handling charges. We will send you the Listing Price, less its commission and any additional charges.
Tickets may also be offered for sale through our partner and affiliate sites at a different listing price and will not affect the amount you will be paid. Please note, selecting Decreasing or Market Price settings may change your list price and amount you will be paid.
PAYMENTS TO YOU
In order to provide buyers with a safe and secure purchasing experience, all sales transactions may be subject to a seller verification process. As such, may withhold your payments until we have completed the transaction to our satisfaction or until after the event occurs.
If you choose to have your payments sent via check, we will send you a check via standard U.S. mail typically within 7 business days once ticket delivery is complete. Please allow an extra 5-7 days for U.S. Mail delivery.
If you choose to have your payments sent via direct deposit, we will send a $0 value "pre-note" test transaction to the bank account you provide. If the test is successful, your payments will be deposited electronically to the account you provide within approximately 7 business days after the buyer has received the tickets. If the test is not successful for any reason, we will send you an email notification. Until your information is corrected and accepted by the bank, we will issue checks to the address you provide. Payments via check will take an additional 5-10 days. We may charge you fees and costs associated with any incorrect bank information you provide to us. We will not be responsible for payments we deposit into a bank account that is owned by a third party if you gave us incorrect bank account information. Any further obligation to pay you will be discharged and you will look solely to the recipient of the payment for resolution.
During game playoffs, we may hold payments to you for tickets to games that may not be guaranteed to be played until the game occurs. If the game is not played, we may withhold settlement payment for those tickets and provide refunds to our customers.
We will release payment for all NHL preseason and regular season game tickets if and when the NHL confirms the games to be played.
ADJUSTMENTS
We may withhold payment to you, charge your credit card or send you an invoice for all damages we suffer as a result of the following:
• You confirm a sale and then cannot fulfill the order.
• You are not able to produce the exact seats listed in the Ticket Listing.
• You deliver incorrect or misrepresented tickets for any order or portion of an order.
• You fail to ship the tickets to the purchaser within the time specified.
• We believe that you have committed fraud or any other illegal act or omission during any buying or selling activity, including without limitation posting content to our website that infringes the rights of a third party.
• You otherwise owe us a specific amount.
Your failure to pay us within 5 days of our notice to you will constitute a material breach of this Agreement.
CANCELLED, POSTPONED OR RESCHEDULED EVENTS
If an event for which you have listed a ticket for sale is postponed or rescheduled, the event information will be updated and your tickets will still be for sale on TicketsNow. If the event is cancelled before it has been sold through TicketsNow, we will remove the listing. If the event is postponed or rescheduled, you will still receive the proceeds from the sale subject to the terms of this Agreement. If the event is cancelled after the sale, we will request the tickets back from the purchaser, who will have two weeks to send the tickets back to us. We will then return the cancelled tickets to you and a debit for the full amount of your proceeds will be processed at that time. If your tickets were sold and reissued via the electronic delivery option, the primary seller may require the original tickets before issuing you a refund. Reissued tickets will not be sent back to you.
As a rule, the majority of postponements and cancelations are handled in this manner; however, depending on circumstances, postponed or rescheduled events (different date or material change in time), or events where the Event Provider authorizes refunds, may be treated similar to cancellations, whereas the buyer is granted a refund and any proceeds paid to the Seller will be collected as per below.
If we pay you any proceeds in connection with a cancelled event or an event in which a buyer has been refunded, then you agree that we may charge the credit card attached to your account. If we are unable to charge and collect the full amount from that credit card for any reason, we will have the right to withdraw any such uncollected amounts from the checking or financial institution account attached to the account. We may also directly request payment from you. In such case, you will pay us in the payment form that we request (e.g., cashier's check) by the date that we request. We will not be liable for, and you specifically release us from, any costs or other harm incurred as a result of us charging your credit card or withdrawing funds from your bank account.
USE OF PURCHASER INFORMATION
Once a sale is confirmed, the Purchaser's email address, name and shipping information may be provided to you for the sole purpose of delivering the purchased ticket(s) and may not be used by you for any other purpose. You agree not to include within the delivery to the ticket purchaser any promotional or commercial material that we do not approve or provide. This includes, without limitation, advertising and marketing material that announces a website or invites the Purchaser to visit a website other than TicketsNow or its affiliates. You agree to not contact the ticket purchaser for any reason other than to fulfill the delivery of the tickets.
TAXES
You agree to accurately report and pay all taxes, and we will not be responsible for paying any, income, sales and other taxes (if any) that are owed in connection with any sale of any of your tickets or any remission of funds by us to you.
TICKET INVALIDATION
If your listed ticket is purchased, you authorize us to invalidate your right to use the ticket to gain entry to the applicable event for yourself or anyone other than the person who purchased the ticket through us. You may not place more than one listing for the same ticket on TicketsNow. You may not sell or otherwise distribute, or take any other action that allows any ticket, before or during any time that it is listed for sale on TicketsNow, to be cancelled or invalidated.
PROHIBITED ACTIVITY
You agree that we may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
• Stolen Property:The sale of stolen property on TicketsNow is strictly forbidden, and violates state, federal, and international law. We strongly support law enforcement efforts to recover stolen property that is listed on TicketsNow and urge the prosecution of those responsible for knowingly attempting to sell such items on our website. We may prohibit the listing for sale of certain types of tickets, or tickets to certain events. In order to see whether the ticket you are holding can be listed for sale, please begin the listing process and an error message will be displayed if the listing is not allowed.
• Investigations: We may investigate complaints and violations of its policies. You agree to cooperate fully with such investigations, including without limitation providing specific information regarding your right to a ticket, the source of a ticket, the original acquisition of a ticket, and the price originally paid for a ticket.
• Violations: We may take any action that we deem appropriate in our sole discretion (including, without limitation, issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a Ticket Listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information provided by you; or (d) we believe your conduct may cause legal liability for you, for other users, or for us. You agree that payments owed to you for sales made through TicketsNow may be suspended or delayed pending any investigation. We are not obligated to pay you for any sales if we have a good faith basis to believe a sale was unlawful or otherwise made in material violation of this agreement. We also reserve the right to suspend or revoke temporarily or permanently your privilege to sell tickets with us for any reason.