Terms of Service
Last Update: February 9, 2024
This website is owned and operated by Score Marketplace LLC, a Delaware limited liability company d/b/a GoTickets and its affiliates and related entities ("GoTickets", "we", “our” and "us"). Access and use of this website or the mobile application (“App”) and the related services and web pages (collectively, the "Services") are provided by GoTickets to you on condition that you accept these Terms of Service, and by accessing, browsing, or otherwise using the Services, you agree to these Terms of Service. If you do not agree to accept and abide by these Terms of Service, you should not access or use this website.
ARBITRATION NOTICE: These Terms of Service contain a binding arbitration provision set forth below in Section 35. Except where prohibited by applicable law, these Terms of Service require you to arbitrate disputes with us rather than resolve disputes through a jury trial or class action. By accessing, or using the Services, you agree to give up, and you hereby waive, any rights to participate in a class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Service or the Services.
1. GOTICKETS OVERVIEW
GoTickets is a digital platform connecting ticket buyers to ticket sellers. As such, our Services are merely designed to act as a marketplace to connect buyers and sellers, and GoTickets makes no guarantee with respect (a) to the existence, quality, safety or legality of the tickets, (b) the truth or accuracy of a seller's listings or content, (c) the ability of sellers to sell tickets or the ability of buyers to pay for them, or (d) that a seller or buyer will complete any transaction. GoTickets is acting solely on behalf of the sellers’ listing tickets on GoTickets’ marketplace. As such, GoTickets has no liability, either primarily or secondarily, for amounts collected or paid through the Services.
Unless otherwise expressly stated by GoTickets, the display of any tickets or sellers on the Services does not in any way imply, suggest or constitute an endorsement by us of those tickets or that seller, or any sponsorship of us by such seller, or any other affiliation between such seller and us. You must provide all equipment and software (including, without limitation, any fees related to such equipment and software) necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the App, in cases where the Services offer a mobile component.
Additionally, our Buyer Guaranty may be applicable. For more information on our Buyer Guarantee, please see the Buyer Guarantee terms here and Section 4 of these Terms of Service below.
GoTickets requires users to register before they can buy or sell tickets. To register (become a "Registered User"), you must provide your legal and current name and address, your phone number, an active email address, and a valid credit or debit card. You agree and acknowledge that you must be 18 years or older to register
Upon registration, Registered Users will choose a username and password. Registered Users are responsible for protecting and safeguarding the secrecy of their username and password.
3. TICKET PRICES, REFUNDS, AVAILABILITY
Registered Users who want to buy tickets ("Buyers") may search for events and view ticket listings. The purchase of tickets is at the full discretion of the Buyer, and all sales are final. The price printed on the ticket in most cases will not be the same as the purchased price or the cost of the transaction. Ticket prices on the Services are set by the owners of ticket(s) ("Seller"). As a result, the ticket prices listed may be substantially higher (or in some cases lower) than the original face value printed on the ticket. All sales are final even though ticket prices for live events continue to fluctuate on the open market. It is possible that prices of similar seats will change over time; if the prices of similar tickets increase prior to the event, you will not be charged more. Conversely, if the price of similar tickets decreases prior to the event, no credits, refunds or upgrades will be given. GoTickets will never charge more than what you have authorized. All prices are listed in U.S. dollars unless otherwise explicitly stated on the Services.
In rare cases, the Services might mistakenly list incorrect prices. If the actual price is higher than stated, the order might be completed at the original price or canceled.
Due to the unique nature of tickets, they can't be replaced, hence there are no refunds, exchanges, or cancellations. Service Fees (defined below) are not refundable. GoTickets does not cover any conversion charges, which may be levied by the Registered User’s bank. GoTickets does not provide refunds for lost, stolen, damaged, or destroyed tickets and GoTickets is in no way responsible for lost, stolen, damaged, destroyed or tickets you are otherwise unable to access. Please keep your tickets secure and safe—we will not provide compensation for your tickets if you are unable to locate or access them after they have been delivered to you. GoTickets cannot and does not guarantee availability until the Buyer possesses the ticket(s) and all orders are subject to availability.
4. PLACING ORDERS
To order tickets, a Buyer first browse GoTickets’ listings for tickets. When the Buyer finds desirable tickets, the Buyer places an "order" or a "bid” to purchase the ticket(s). When an order is placed, Sellers have 12 hours to receive notification of an order and confirm delivery although we endeavor to ensure that a vast majority of orders are confirmed with ten minutes. All orders are final and, once placed, cannot be cancelled or retracted. However, placing an order does not complete the sale; a sale is only completed once it has been confirmed by the Seller. All bids are firm bids, and once a Seller accepts a bid and confirms the sale the transaction is complete and cannot be cancelled or retracted. However, all bids can be retracted prior to a Seller accepting your bid. To be explicit, once a Seller accepts a bid, it cannot be cancelled or refunded. Therefore, Buyers should treat bids as an order to purchase tickets which a Seller can confirm at any time.
By placing your order through the Services, you acknowledge and agree that all such purchases and sales are subject to the sale terms, refund (or no refund), postponement, cancellation and other policies and requirements set forth in these Terms of Service.
The Buyer's credit or debit card is not charged until the Buyer's order is confirmed by the Seller. However, when a Buyer places an order or bid, we obtain an authorization from the Buyer's credit or debit card for the full order amount, which is equal to the total ticket price, or the maximum bid times the quantity of the tickets ordered plus a services charges and shipping & handling fees (collectively, “Service Fees”). The authorization remains on the Buyer's credit card until the sale is completed or the order is cancelled prior to Seller’s acceptance of the bid. Although an authorization is not a charge, debit card issuers will place a hold on funds when an authorization is obtained by GoTickets. In all cases, GoTickets is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's credit or debit card when the Buyer places orders or bids.
After a Buyer places an order to purchase tickets, it is possible that the Seller no longer owns those tickets or for some other reason will not confirm the sale. In that case, GoTickets will work to help the Buyer source similar seats for the same price or less. However, GoTickets cannot guarantee that similar seats for the same price or less will be available for sale; in this case, the Buyer's credit or debit card will not be charged and the sale will be cancelled.
For some events, pre-approved Sellers might list tickets as “Zone Tickets.” Zone tickets are tickets that the buyer will receive either in the specified section and row or in a comparable or better section and row. These tickets may not have been purchased yet, or the seller may be uncertain about their precise location. For orders exceeding 4 tickets, seating might be divided into separate groupings. Once confirmed by the Seller, such tickets are backed by our Buyer Guarantee. For more information on our Buyer Guarantee, please see our Buyer Guarantee terms here.
Event dates, times, venues, and subject matter, which are listed on the ticket, may change. It is the responsibility of the Buyer to verify the most recent details for an event. Please contact the box office or refer to local listings for any changes. GoTickets does not guarantee any information provided by our Sellers in the ticket listings. It is the Buyer's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price by contacting GoTickets as soon as possible following the discovery of such a discrepancy. Use of a ticket without reporting a discrepancy to GoTickets constitutes acceptance of the ticket as is, notwithstanding any inconsistency with the Seller's listing and the actual ticket. Upon the Seller confirming the sale, the Buyer is guaranteed to receive the tickets in time for the event. GoTickets cannot guarantee the method of delivery for a given sale, only that the tickets will be delivered in time for the event.
When attending an event, you may be required to sign a waiver or other legal document in order to gain access to the venue by the venue or event organizer or such party’s agent. By purchasing tickets from GoTickets, you understand that you may be denied entry if you do not sign such waiver.
Due to the uncertainty related to the COVID-19 pandemic and other potential diseases and pandemics, your tickets and admission to the event are subject to all venue and/or event organizer/promoter safety and health policies. You acknowledge that due to the evolving nature of the pandemic, the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the event date. By purchasing tickets, you acknowledge and agree that you will comply with such policies and your attendance at the event is conditioned on such compliance. If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic or such other potential diseases and pandemics, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, such relocation will not qualify you for a refund or for other compensation.
If you are not permitted into an event for any reason other than due to the invalidity of the ticket(s) you receive, GoTickets is not responsible and you will not qualify for a refund or any other form of compensation.
5. LISTING TICKETS FOR SALE
A Registered User who wants to sell tickets may list the tickets on GoTickets. As part of the listing process, the Seller assigns a price to the tickets and must provide accurate information such as the event description, date, section, row, and seat. Sellers must also ensure that such listings remain accurate. Sellers are required to disclose if the tickets state that it is an obstructed view, partial view, or mobility view (as well as any other information that may be relevant to a ticket buyer).
Sellers are expressly forbidden from listing for sale: (a) tickets that the Seller does not own; (b) tickets obtained in violation of the Better Online Ticket Sales Act of 2016 (i.e., obtained via circumvention of a security measure, access control system, or other technological control or measure on an Internet website or online service that is used by a ticket issuer to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules); (c) Speculative tickets; (d) Stolen tickets. "AXS Mobile-ID," and "will call only" tickets (transferable "paperless tickets," "flash seats," and "will call only" tickets may be sold); (f) tickets without event access unless clearly stated in the listing (e.g., "PARKING ONLY"). Sellers may list "piggyback seats" (seats directly behind one another) if clearly stated in the listing.
Pricing tickets is the sole responsibility of Sellers and must be done in accordance with all applicable laws. Sellers are solely responsible for the payment of any applicable taxes resulting from your ticket sales. Sellers are responsible for tracking tax requirements and handling relevant taxes. Except in specific states informed by the Services, sales, use, service, and other taxes should be part of the ticket price. Seller must provide necessary tax-related information to the Services, which can then be shared with relevant tax authorities.
GoTickets reserves the right to cancel any order that it identifies as fraudulent. In this case Sellers are free to relist their tickets for sale again. See Section 6 for more information on our monitoring of compliance with these Terms of Service and consequences for fraudulent activity and suspected breach of these Terms of Service.
7. SELLER OBLIGATIONS, PENALTIES & RESTRICTIONS
By accepting and confirming a bid, you are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the price accepted. When a Buyer accepts your offer by purchasing your ticket through our Services, you are contractually bound to deliver that exact ticket for the specified price and within the required delivery timeframe.
GoTickets may provide Sellers with certain information related to Buyers, such as their contact information, so that Sellers can send tickets to them. Sellers are prohibited from using such information for any purpose other than the fulfillment of their obligations in providing purchased tickets to Buyers. Sellers shall not include, and are prohibited from including, in any shipment to any Buyer, any materials other than the purchased tickets, including business cards, bookmarks, coupons, flyers, solicitations, contact information or any other marketing or advertising materials.
If your tickets have sold but you cannot fulfill the order or there was a problem with fulfillment (also referred to as a 'dropped sale'), GoTickets may charge your payment method an amount equal to 200% of the price of the ticket(s) sold to compensate us for the losses we incur to meet our obligations. GoTickets reserves the right in its sole discretion to charge your payment method the full amount of the replacement costs GoTickets incurs.
A dropped sale can be triggered by the following situations:
- You cannot deliver the ticket(s) or related passes in time.
- You do not have a replacement ticket (tickets that GoTickets determines in its sole discretion are comparable or better than the ones originally listed).
- GoTickets rejects your requested change and cancels the order, or
- The tickets that were delivered were not authentic.
By listing a ticket for sale, you certify that the ticket was obtained lawfully and, among other things, not in violation of the Better Online Ticket Sales Act of 2016 (i.e., obtained via circumvention of a security measure, access control system, or other technological control or measure on an Internet website or online service that is used by a ticket issuer to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules).
8. USERS RELATIONSHIP WITH GOTICKETS
As a Buyer, a Registered User grants GoTickets permission to charge the credit or debit card associated with their registration for the purchase of tickets. As a Seller, a Registered User grants GoTickets permission to charge the credit or debit card associated with their registration for costs incurred by GoTickets if at any time the Seller fails to deliver the tickets they have listed or delivers invalid, fraudulent, counterfeit, or misrepresented tickets. These costs may include, but are not limited to, the cost of replacement tickets, promotional codes, gift certificates, credits or refunds to the Buyer, and other charges we incur to satisfy the Buyer.
GoTickets acts as a marketplace only to allow Buyers and Sellers to interact regarding tickets. In all cases, the submission and confirmation of orders are transactions between Buyers and Sellers only. The fulfillment of confirmed orders, including delivery and shipment of tickets, is the responsibility of the Seller. If you have a dispute with one or more registered users, you release GoTickets and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives, and employees from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Direct, unsolicited contact to an individual customer support team member through their social media, personal email or cell phone is strictly prohibited.
9. EVENT CANCELLATION, POSTPONEMENT, OR RESCHEDULING; CREDITS
If an event is cancelled and not rescheduled (as determined by GoTickets), we will provide a credit or refund, as determined in GoTickets’ sole discretion (except to the extent a refund is required by law) for the amount paid for the tickets (excluding shipping fees). Tickets must be returned via express mail service or other traceable mail service in order to obtain a credit or refund. The express mail service is at the Registered User’s expense; GoTickets will not provide return service postage.
If any event or ticket(s) is cancelled by the organizers of the event, GoTickets has no obligation to credit or refund incidental expenses that you have incurred relating to your plans to attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or rental car costs. GoTickets assumes no responsibility for the actions of any event organizing body when an event or ticket(s) is cancelled.
If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be reissued for most rescheduled or postponed events. Credits, refunds or exchanges will not be made for postponed or rescheduled events. GoTickets is not responsible for incidental expenses related to a rescheduled event.
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic or other potential diseases or pandemics, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, GoTickets, at its sole discretion, reserves the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that GoTickets deems an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any Buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
GoTickets is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. GoTickets at its discretion may choose to cancel and refund if there is a venue change however in the event that GoTickets does not, credits or refunds will not be issued.
10. GENERAL SELLER POLICIES
As a Seller, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the ticket listings. Sellers agree that you will provide all information that a Buyer may deem relevant and if it is not disclosed appropriately Sellers may be penalized. Sellers agree not to list, sell, or buy any adult materials, obscene materials, or pornographic materials through the website, directly or indirectly, and you agree not to use any names or other information found on or via this website to do so.
GoTickets prohibits the use of its Services for any unlawful conduct. All users must comply with all local, state, federal, and international laws, ordinances, and regulations. By using the Services, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the website for any unlawful or unauthorized purpose. GoTickets reserves the right to prohibit Registered Users from posting tickets if they are not able to provide the exact tickets that were posted at GoTickets. If you, at any time, fail to deliver the tickets you have listed or deliver invalid, fraudulent, or misrepresented tickets, GoTickets reserves the right to cancel the order, return the tickets to you, and hold you liable for any and all charges we incur to satisfy the Buyer. These charges may include, but are not limited to, cost of replacement tickets, promotional codes, gift certificates and credits and refunds to the Buyer.
If GoTickets is owed money, we may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. GoTickets, or the collection agency it retains, may report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information GoTickets reported to a credit bureau, please contact GoTickets. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
11. SUPPLEMENTAL TERMS FOR NFL TICKET SALES FOR CURRENT SEASON
Purchasing or using a ticket for an NFL game or related event binds you to these Supplemental Terms, GoTickets.com's terms and conditions, and any other terms imposed by the home team, venue, event organizers, and local or federal authorities. If a contradiction arises, the latter terms prevail.
- Safety and Health Protocols: Due to the ongoing pandemic and other future potential pandemics, ticket and entry are bound by the health and safety rules of the stadium and event organizers. These may be updated over time, and by attending, you commit to following them. Non-compliance leading to denied or revoked entry won't qualify for a refund.
- Risk and Liability: Attending a public event exposes you to the risk of contracting COVID-19, a highly infectious disease with severe implications. Seniors and individuals with pre-existing conditions are especially susceptible. By attending, you knowingly accept all related risks. You release all involved parties from any claims arising due to exposure to the virus or any consequences of attending the event or interacting with event personnel.
- Related Persons: Refers to attendees accompanying you, your next of kin, and other representatives.
- Released Parties: Include GoTickets.com, NFL Ventures, the National Football League and its clubs, stadium owners, and all associated personnel.
- Severability: If parts of these terms are found to be unenforceable, they will be modified minimally to make them legal and enforceable. If unmodifiable, they'll be considered separate, keeping the rest of the terms binding.
12. SHIPPING AND DELIVERY
Delivery via Shipping: Orders are dispatched based on the chosen delivery method. Users must ensure their shipping address is correct. If you don't receive an email with tracking details, contact our customer support.
Delayed Shipment: Although most tickets are dispatched swiftly, certain events might face delays. Users can check their order status online and contact us if tracking isn't available. Expedited delivery does not guarantee immediate shipping.
International Shipping: International users must choose the international delivery option. Otherwise, shipping rates will be adjusted after order placement.
Delivery Verification: For addresses that do not support delivery verification, an additional fee might be imposed. Direct signatures might be necessary upon delivery. For undelivered or returned packages, no refunds will be given as per our sale terms.
Print At Home Tickets: Print At Home tickets, including instant ones, may not always be instantly available. Instructions will be emailed; ensure your email is correct. If you can't download or print tickets, contact our support.
Mobile Tickets: Access to mobile tickets may not be immediate. Upon availability, instructions will be sent. Ensure your email and mobile number are correct. Refunds will not be given for declined ticket transfers.
Customer Pickup: Tickets must be collected from the given location near the venue. A government-issued ID may be required.
Denied Entry to an Event: If faced with entry issues, contact us immediately at 877-698-0030. Users might be eligible for a refund upon presenting proof of denied entry in such form as requested by GoTickets and at all times in GoTickets' sole discretion.
If any Services, or payments for any Services or tickets, under these Terms of Service are subject to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify GoTickets for any liability, penalties, interest or expense we may incur in connection with such Sales Taxes. Upon GoTickets’ request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that You have paid all applicable taxes. For purposes of this section "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You further agree to make all payments of fees to GoTickets free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to GoTickets will be your sole responsibility.
14. CHANGES TO SERVICES AND THESE TERMS OF SERVICE
We reserve the right at any time to change: (i) these Terms of Service; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) the equipment, hardware or software required to use and access the Services, and (iv) prices for the Services or products made available therein. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.
Any changes we make to these Terms of Service will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Services. Your continued use of the Services after such notice will be deemed acceptance of such changes. Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Service.
You may not interfere with the security of, or otherwise abuse the Services or any system resources, services or networks connected to or accessible through the Services. You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Service.
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Service, you may not enter into this agreement or use the Services.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Services, you may not enter into this agreement or use the Services. By using the Services, you are explicitly stating that you have verified in your own jurisdiction if your use of the Services is allowed.
We make no—and you acknowledge that we make no—representation that materials on the Services are appropriate or available for use in all locations. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Services, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.
16. GENERAL CONDITIONS AND DISCLAIMERS
We reserve the right to refuse service and/or access to the Services to anyone at any time.
GoTickets shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Services or the services which make the Services available or electronic communications sent by GoTickets will be available and free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Occasionally there may be information on our Services that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Notwithstanding the above, we undertake no obligation to update, amend or clarify information on the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
17. PRICING; ESTIMATES; PAYMENT TERMS
All prices and estimates are quoted and shall be processed in the currency specified in the applicable document. Although we strive to provide accurate pricing information, errors may occur. We reserve the right, but are not obligated, to correct any errors in pricing, promotions, offers, shipping charges, availability, or other information and to modify the prices and/or the rentals, at any time, without prior notice. In the event that the price or related information for the Services (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel the Service provided to you, whether before or after the acceptance thereof. If there is such an error in pricing or other information, we will cancel the Services and reverse any charges that have been applied, then contact you to ask you to place a new order for Services at the correct price.
Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
19. PERSONAL USE ONLY
The Services are only for personal or internal business use. You may not use the Services in any way that is unlawful, that violates these Terms of Service, or that harms us or any other person or entity, as determined in our sole discretion.
20. USER RESPONSIBILITIES; VENUE BEHAVIOR POLICY
The Services’ content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way.
You represent and warrant that: you will perform under these Terms of Service in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.
You will NOT, and you will NOT allow any third party to:
- Use the Services in a manner other than as expressly permitted by these Terms of Service;
- Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Service, including for any commercial purpose;
- Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
- Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Services or any part thereof;
- Use the Services, including, without limitation, any Services content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
- Commit fraud or falsify information in connection with your use of the Services;
- Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
- Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
- Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the Services or our servers;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
- Harvest or otherwise collect or store personal information about other users of the Services, including, for example, email addresses, without the express consent of such users;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
- Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.
GoTickets may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Service, including, without limitation, if you breach these Terms of Service or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
In addition to and without limiting the restrictions and requirements set forth in these Terms of Service, any individual attending a live event, including those you may attend through tickets purchased or sold through the Services, must abided by and adhere to the rules, policies, codes of conduct and any other requirements the of the venue, promoter, sponsor, league, or other host of the event and any other individual or entity for the event. Your failure to follow and adhere to such rules and policies may lead to consequences against the Buyer, the Seller and/or you. You may be denied entry to the particular event you purchased a ticket for if you do not comply with the rules and policies applicable to that event, and you acknowledge and agree that GoTickets will have no liability for such denied entry. For denial of entry issues, please see Section 12 of these Terms of Services above.
In addition to and without limiting GoTickets’ remedies under Section 32 of these Terms of Service, you acknowledge and agree that you are responsible and liable for all applicable fines and legal or other expenses that arise out of your non-compliance with such rules or other policies, and further, you hereby agree to—upon request—defend and hold us harmless from any and all such liabilities, damages, or fines that arise therefrom. If you attend an event and are asked to leave or you miss part of the event due to suspected or confirmed incident in violation no the applicable rules or policies, you will not qualify for a refund or any other remedy that may be provided by GoTickets from time to time. Further, should any such violation result in the loss of the Seller’s season ticket rights or right to use or purchase any other tickets at that venue, you hereby acknowledge and agree that you shall be held liable for all reasonable costs, expenses and losses associated therewith.
21. JOB APPLICANTS
If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require GoTickets to review that information or consider you for employment. To view career opportunities at GoTickets or to submit a job application, you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).
22. CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of GoTickets’ computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Service. While using the Services you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation). You shall not interfere with or disrupt the Services, our servers, or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
23. COPYRIGHT INFRINGEMENT
If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows: [email protected].
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Services and requests or concerns regarding improper content, will not receive a response through this process.
While we endeavor to keep downtime to a minimum, we cannot promise that the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend the Services, or any part thereof, with or without prior notice for any reason.
25. CURRENCY OF SERVICES
GoTickets updates the information on the Services periodically. However, GoTickets cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Services. GoTickets may revise, supplement, or delete information, services and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current, or prospective visitors.
26. LINKED WEBSITES AND LINKING TO THE SERVICES
If you operate a website and wish to include a link to the Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with GoTickets’ names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by GoTickets. We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Service or through other notice.
27. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.
GoTickets shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services or your downloading of any user materials or other content from the Services. GoTickets recommends that you install appropriate anti-virus or other protective software.
28. OWNERSHIP AND OUR MATERIALS
The Services is owned and operated by GoTickets in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on the Services, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of GoTickets and its licensors and/or its suppliers. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of GoTickets or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by GoTickets to you under any patent, copyright, trademark, trade secret, or other intellectual property right of GoTickets and all such rights are reserved and retained by GoTickets. ALL RIGHTS RESERVED.
GoTickets may make certain content, software, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively " GoTickets Materials") available to you from the Services, from time to time. If you download or use GoTickets Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without GoTickets’ prior written permission, and (iii) shall only be used in compliance these Terms of Service and with any additional license terms accompanying such materials. GoTickets does not transfer either the title or the intellectual property rights to the GoTickets Materials and retains full and complete title to the GoTickets Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the GoTickets Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled GoTickets Materials into a human-perceivable form. GoTickets or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by GoTickets. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The Services, (including its organization and presentation and GoTickets Materials) are the property of GoTickets and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.
GoTickets is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, or any NBA, NFL, MLB, or NHL team. All product and company names that can be seen herein are trademarks or registered trademarks of their respective holders, and are not otherwise associated with GoTickets.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss. You acknowledge and agree that by submitting any such communications to GoTickets, no confidential, fiduciary, contractually implied or other relationship is created between you and GoTickets other than pursuant to these Terms of Service. GoTickets shall not be responsible for the payment of any monies to any other party in connection with GoTickets’ use of any information or material provided by you to GoTickets. You also represent and warrant that any and all such information or material which you provide to GoTickets, whether provided by you electronically by accessing or using the Services or otherwise, and GoTickets’ use of this information and material so provided does not infringe the rights of any other person or entity.
THE SERVICES, INCLUDING WITHOUT LIMITATION, THIS WEBSITE, THAT GOTICKETS PROVIDES, AND THE GOTICKETS MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. GOTICKETS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE, THE PRODUCTS, OR THE GOTICKETS MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
ADDITIONALLY, AN INHERENT RISK OF EXPOSURE TO AND CONTRACTION OF COVID-19 AND OTHER POSSIBLE PANDEMICS EXISTS IN ANY PLACE OR VENUE WHERE PEOPLE GATHER. YOU ASSUME ANY AND ALL RISKS, COSTS, AND HARMS ARISING FROM OR RELATING IN ANY WAY TO THE RISK OF CONTRACTING, EXPOSURE TO, OR CONTRACTION OF A COMMUNICABLE DISEASE OR ILLNESS—INCLUDING, WITHOUT LIMITATION, COVID-19 OR ANY OTHER VIRUS, BACTERIA, OR OTHER PATHOGEN—AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND POTENTIAL CLAIMS AGAINST GOTICKETS RELATING TO SUCH RISKS, HARMS, AND/OR EXPOSURES
31. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION THIS WEBSITE, AND THE GOTICKETS MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOTICKETS OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE, THE GOTICKETS MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Service for which you are responsible; (2) your use of, or any of your activities connected to, the Services; or (3) your violation, infringement, or misappropriation of the rights of any party, including without limitation, any such party’s intellectual property, proprietary, privacy or other rights of any party. GoTickets reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of GoTickets. This indemnification section will survive any termination or expiration of these Terms of Service.
33. CONTACTING GOTICKETS
If you need to contact us regarding the Services or these Terms of Service, please e-mail us at [email protected].
34. MONITORING AND INVESTIGATING COMPLIANCE
We reserve the right to monitor your and other users’ compliance with these Terms of Service and investigate any and all alleged violations and other complaints—although you hereby acknowledge we are under no obligation to do so. You hereby agree to cooperate with any such investigations, including, for example, providing any and all information that GoTickets may reasonably request.
Resulting from any such investigation—or for any other reason and at any time—We have the right to, without prior notice, enforce violations of these Terms of Service, attempted harm against GoTickets or other users of the Services, or failure to cooperate with GoTickets. Such enforcement may include, but is not limited to, (i) issuing a warning; (ii) cancelling orders; (iii) cancelling pending orders; (iv) restricting or prohibiting future orders; (v) terminating or suspending an account; (vi) restricting or otherwise denying access to the Services; or (vii) taking any and all legal actions—including, for example, initiating proceedings for civil, criminal, or equitable proceedings and relief.
We hereby reserve the right to, at any time, report any suspected (as determined in our sole discretion) violation of applicable law to appropriate law enforcement or other governmental authority.
35. ARBITRATION AGREEMENT, CLASS ACTION WAVIER, AND WAIVER OF TRAIL BY JURY
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.
Agreement to Binding Arbitration
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Services or these Terms of Service (including the breach hereof) or for any promotions offered by GoTickets, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity. If you are a California resident, requests for public injunctive relief, if any, shall be decided by a court, not an arbitrator, and that request for public injunctive relief shall be severed from any arbitration proceeding and stayed pending a final determination of the arbitration. Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to effect the stay of any requests for public injunctive relief.Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred. Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party. Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction. This arbitration agreement applies to you and GoTickets and its affiliates and related entities.The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules. All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules. Notwithstanding the foregoing, in the event of any actual, alleged, or threatened violation of confidentiality or violation of GoTickets’ intellectual property or other proprietary rights, or where appropriate to stop or prevent an imminent breach of these Terms of Service, you and we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Additionally, you hereby agree that monetary damages will not provide sufficient or adequate remedy to GoTickets for breaches of these Terms of Service and that damages and harm caused by any such breach may lead to impaired and damaged good will, lost sales and increased expenses that are difficult if not impossible to calculate. Therefore, you consent to injunctive or other equitable relief for any breach of these Terms of Service. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.Class Action and Class Arbitration WaiverYou and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.Exception – Small Claims CourtNotwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.30-Day Right to Opt OutYou have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: [email protected]. The notice must be sent within thirty (30) days of your use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth in this section. If you opt out of these arbitration provisions, we also will not be bound by them.
36. ADA TERMS & CONDITIONS
Tickets for accessible seats (i.e., seats to accommodate wheelchairs and companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a ticket for an accessible seat, you represent and warrant that either you and/or one or more of your companions require the accessible seat features. GoTickets reserves the right to investigate and/or cancel orders if there is any suspected misuse of accessible seating and take legal action against individuals who fraudulently purchase tickets for accessible seats. In addition, the venue where the event will take place may redirect you and your party to non-accessible seats if you do not require such accommodation. Clicking on the 'Continue to Checkout' button, 'Continue' button, or otherwise purchasing accessible seats shall certify your assent to these terms.
These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of Delaware, in any matter arising from or related to these Terms of Service and your use of the Services and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Any provisions of these Terms of Service that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Service or of your access to or use of the Services.
These Terms of Service set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Service are not assignable, transferable, or sub-licensable by you except with GoTickets’ prior written consent. These Terms of Service provide only for the use of the Services. These Terms of Service shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
38. SUPPLEMENTAL TERMS FOR APP
You acknowledge and agree that the availability of any App (where such option and feature is made available to you) is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms of Service are not between you and the App Store but are only between you and GoTickets. We, not the App Store, are solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including, without limitation, the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including, without limitation, the App.