When you order from the Website, you represent and warrant that you are aware of and understand the following terms about the Website’s marketplace:
Service Provider Disclaimer:
The Website licenses a platform that provides inventory. The platform is provided by a service provider (“Provider”). Provider also provides additional related services, such as (a) processing your orders; (b) verifying your order details and confirming the validity of your payment information; (c) obtaining payment, such as by charging your credit or debit card; and (d) coordinating the distribution of your tickets. You understand and agree that Provider is solely an independent contractor for the Website. The Website shall be known as “we,” “our,” and “us” herein. When you use this Website to browse, search for, or buy tickets, you understand and agree that you are utilizing a platform developed and owned by a third party. You understand and agree that Provider is intended to be and constitutes a third-party beneficiary to these Terms.
We accept orders through the Website. To submit an order, you will need to provide information, which may include, but is not limited to, your name, address, email address, phone number, and credit card or other payment information. By using the Website, you also agree to our privacy terms outlined below.
When you give the requested information and submit an order, you have made a non-revocable offer to purchase the tickets that you have chosen. You will receive an email to the email address provided, confirming the submission of an order. By placing an order, you agree to the creation of a payment hold, such as on your credit or debit card, for the funds that are required to place the order. However, a sale is not complete until the seller accepts the order; and if the seller accepts the order, you will receive confirmation that the order has been accepted and your credit card or other payment method will then be fully charged. This charge is the total order value you agreed upon and includes service fees and a delivery fee. You understand and agree that the price you agreed upon may be above face value for the respective ticket(s). You further understand and agree to pay service fees and delivery fees, which cover the costs of our operations, including the 100% buyer guarantee outlined below, the checkout security services, customer service, and the delivery of the tickets.
The listings on the Website may be done by third-party sellers. You understand and agree that we are not responsible for ensuring that every listing is accurate and correct. Descriptions and pricing of similar or equal tickets may vary. It is your responsibility to verify any possible inconsistency or discrepancy in the ticket location, description, and/or price before your order is placed. Additionally, you assume all risk in using the marketplace, and neither the Website, Provider, nor any other service providers are responsible for typographical errors within the inventory listed for sale. If you have questions about a listing, please reach out to us via contact form. In the event an error is found when processing your order, you will be notified of the error and may select from available options, such as cancellation.
You understand and agree that your tickets may be replaced at any time with comparable or upgraded tickets, as determined by us in our sole discretion, which shall be considered a fulfillment of the agreement created by your purchase of the tickets. If there is a failure to deliver any confirmed tickets, our responsibility and liability are limited, to the fullest extent permitted by law, to the return of the respective payment made by you for the applicable ticket(s). All rights are reserved regarding the cancellation or refund of your tickets. You understand that we may cancel and refund your tickets for any reason and at any time.
Arbitration and Claim Resolution
You, on the one hand, and Website and Provider on the other hand, each agree that any and all disputes, controversies, or claims (“Claim(s)”) arising out of or relating to: (a) these Terms; (b) your use of, or access to, this Website; (c) Website’s and Provider's services; or (d) any tickets or other items sold or purchased through this Website, shall be mandatorily and exclusively resolved through final, binding arbitration in or closest to your city of residence, and not in any court. YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate, and this agreement to arbitration will be severable and survive termination. Customer satisfaction is our number one goal. To that end, Website and Provider are committed to resolving disputes with their customers in a fair and efficient manner. Prior to commencing any arbitration related to this agreement, if you have a dispute with us or Provider, we request that you first contact us HERE. Our representative will respond within thirty (30) days of receiving this notice. If the matter is not resolved to your satisfaction, then you agree that all Claims shall be exclusively resolved through final and binding arbitration conducted through JAMS under the Streamlined Rules (or if JAMS is not available, then another arbitral forum). The Streamlined Rules are available at the JAMS website at JAMSADR.com. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claim arising out of or relating to this arbitration agreement (including but not limited to the enforceability, interpretation, and formation of this arbitration agreement and any claim that all or any part of this arbitration agreement or the Terms is void or is voidable). The arbitrator will exclusively decide the substance of all Claims in accordance with the laws of the State of Illinois. The arbitrator's award shall be final and shall be binding; judgment on any award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
YOU ON THE ONE HAND AND WEBSITE AND/OR PROVIDER ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING AND ASSERT CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR IN ANY PURPORTED REPRESENTATIVE ACTION. UNLESS YOU AND WEBSITE AND/OR PROVIDER AGREE OTHERWISE, THE ARBITRATOR SHALL REVIEW AND MAKE A DETERMINATION REGARDING THE INDIVIDUAL CLAIMS ONLY AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY BRINGING THE CLAIM(S) ON AN INDIVIDUAL BASIS AND SEEKING RELIEF. ANY RELIEF AWARDED CANNOT AFFECT OTHER WEBSITE USERS. YOU AGREE THAT ABSENT THESE TERMS AND WAIVER, YOU COULD HAVE SUED IN COURT WITH A JURY. YOU AND WEBSITE AND/OR PROVIDER AGREE THAT THE WAIVER OF A TRIAL BY JURY AND OF ANY CLASS OR REPRESENTATIVE CLAIMS IS A MATERIAL, ESSENTIAL TERM TO THE ARBITRATION OF ANY CLAIMS BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT. IF THE WAIVER IS DETERMINED TO BE VOID, VOIDED, OR UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE CLAIMS SHALL BE FOUND NULL AND VOID WITH RESPECT TO SUCH PROCEEDING.
Payment of all filing, administration, and arbitrator fees shall be pursuant to the arbitrator’s determination and JAMS Streamlined Rules. If the value or amount of the relief sought is $5,000 or less, or if you show the arbitration costs are prohibitive, Website and/or Provider (whichever is the subject of the arbitration) will pay all filing, administrative, and arbitrator fees associated with the arbitration at your written request. Otherwise, you are responsible for paying the initial fee, unless a waiver or exemption applies, if you commence arbitration. The parties will pay their own attorney’s fees, unless such fees are awarded by the arbitrator pursuant to an applicable statute that authorizes the recovery of fees.
THE WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER AND WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, COURSE OF DEALING, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER AND WEBSITE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, FULLY SECURE, OR ERROR-FREE. THERE ARE INHERENT RISKS IN USING THE INTERNET, THE WEBSITE, AND THIS PLATFORM. PROVIDER AND WEBSITE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR THE LIKE. BY USING THE WEBSITE, YOU ASSUME ALL RISKS INHERENT IN DOING SO.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PROVIDER, WEBSITE, NOR ANY OTHER INDEMNIFIED PARTY RELATED TO PROVIDER OR WEBSITE, WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING FOR LOSS OF DATA, BUSINESS, OR PROFITS) UNDER ANY THEORY, WHETHER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NO INDEMNIFIED PARTY SHALL BE LIABLE FOR ACTIONS, INACTIONS, OR CONTENT BY YOU OR ANY THIRD PARTY, INCLUDING ANY CLAIMS CAUSED BY OTHER USERS, SELLERS, YOUR USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO YOUR DATA, OR ANY LOST, STOLEN, CANCELLED, DAMAGED, OR DESTROYED TICKETS. FURTHER, NO INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; FOR ANY VIRUSES, WORMS, BUGS, DEFECTS, OR SIMILAR ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE; FOR ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN ANY MATERIALS; OR FOR LOSS DUE TO THE USE OF ANY MATERIALS AVAILABLE ON THE WEBSITE. YOUR EXCLUSIVE REMEDY WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THIS NOTWITHSTANDING, THE MAXIMUM LIABILITY OF ANY INDEMNIFIED PARTY SHALL BE THE TOTAL AMOUNT PAID BY YOU IN RELATION TO THE CLAIMED TICKET(S) ON THE WEBSITE OR THE TOTAL AMOUNT PAID BY YOU ON THE WEBSITE DURING THE LAST TWELVE (12) MONTHS, WHICHEVER IS MORE.
You hereby agree to defend, indemnify, and hold Website and Provider, and their respective agents, employees, representatives, affiliates, advertisers, licensors, sponsors, and suppliers (collectively, "Indemnified Parties") harmless from and against any and all claims, amounts, settlements, judgments, damages, losses, costs, expenses, and attorney’s fees arising from your violation of any of these Terms or any applicable law(s) or regulations, including allegations that you infringed on third-party intellectual property rights or violated tax regulations or laws, and/or any conduct or omissions relating to your purchase of tickets or other use of the Website. This paragraph will expressly survive any termination of this agreement.
You grant Provider permission to charge your credit or debit card or other payment method for the purchase of tickets, and you represent that any payment and other information provided by you for your purchase shall be accurate, authorized, complete, and current. You may use Visa, Mastercard, Discovery, American Express, PayPal, or Apple Pay, if and as allowed, at checkout.
Delivery and Tickets:
Generally, the manner in which tickets are to be delivered is designated in the ticket listings. If your tickets are being delivered via special delivery, you will generally receive an email with additional information. You may need identification with a photograph to pick up the tickets. If the delivery method is not designated, tickets will usually be shipped via UPS. Choosing tickets that are being delivered by UPS or Special Delivery does not guarantee that you will receive hard stock tickets.
Regardless of delivery type, tickets may not ship out immediately upon the confirmation of the order. In all cases, we reserve the right to deliver tickets for any order as late as one (1) hour before the respective event. Valid delivery services on the date of the respective event may include, at our sole discretion, will call at the respective venue box office, email if applicable, personal delivery by courier, or pick up at another physical location (not at the venue) determined by Provider. If delivery is designated as "e-Tickets," “Electronic Tickets,” "Instant Download," or the like, we do not guarantee delivery any sooner than the day of the specific event. Tickets will usually be delivered in the manner designated. In certain cases, however, the manner of delivery may vary and may first require verification, or there may be delays on behalf of the seller. You may be required to bring your mobile device to the venue.
You are responsible for confirming that the proper tickets were delivered to you. If your tickets were inconsistent with your order, you must notify us within forty-eight (48) hours of delivery. We shall not be held liable for inaccurate tickets if we are notified more than forty-eight (48) hours after delivery. You must contact us if you do not receive your purchased tickets within forty-eight (48) hours of the respective event. If you do not do so, you may be disqualified from receiving any refund (whether or not you assert that there was no delivery).
You are responsible for keeping your tickets in a safe and secure place. We are not responsible for tickets that are stolen, lost, misplaced, damaged, or destroyed. We are not responsible for replacing tickets that are stolen, lost, misplaced, damaged, or destroyed.
You may request that we submit a request to the seller for a reissue of tickets; however, we charge a reissue fee of 15% of the order total (up to a maximum of $200). The reissue fee will be refunded if not accepted by the seller in exchange for reissuing the tickets.
Policy on Changed and Canceled Events:
Your event date, time, venue, and subject matter may change. You are responsible for monitoring the event and ensuring you have the current, accurate details. In the event that your event details change, we are not liable for any such changes, and you will not be entitled to any refund, credit, setoff, return, or any other consideration for such a change.
In some situations, the respective party responsible for the event (such as the venue or a promoter) may require that a ticket holder change seats. Such circumstances are not under our control, and you assume all risk relating to such circumstances. We are not liable for any such changes, and you will not be entitled to any refund, credit, setoff, return, or any other consideration for such a change.
All sales of any kind are final. Unless otherwise expressly specified, we do not issue refunds or credits for tickets purchased using the Website, including events that are postponed or rescheduled (even if there is no new date set for the event yet), unless a refund or credit is permitted herein or required by law.
You will receive compensation if an event is cancelled. We will determine in our sole discretion when an event is cancelled. If you are entitled to compensation, you should expect to receive, via email, notice of the event cancellation and details about how to receive your compensation. While we strive to email you as quickly as possible after an event has been cancelled, the wait times may depend on the volume of event cancellations.
In order to qualify for compensation for cancelled events, you may be required to return your tickets; if so, the returned tickets must be postmarked no more than five (5) business days after you receive notice that you are eligible for compensation. You will not be eligible for compensation if you do not return the tickets, except in our sole discretion.
We retain the right to cancel any tickets or deem an event cancelled completely, in our sole discretion, if a venue or responsible entity eliminates seating or reduces capacity by at least 15%, due to needing to abide by social distancing or other safety measures relating to the COVID-19 pandemic. If we deem an event cancelled completely, we will cancel all outstanding orders for that event and repost tickets for the event based on applicable adjusted capacity and other parameters. If your ticket or event is deemed cancelled, you will be entitled to compensation as outlined above.
Because of public health safeguards required by COVID-19, your tickets and admission to events you purchase are subject to venue health and safety policies. You hereby agree that the venue may continually update and develop their policies between the time of your ticket purchase and the date of the event. By using the tickets you purchased you hereby agree that you will abide by these policies, and your ability to attend the purchased event is conditioned on this compliance with policies. If you are denied admission to the event by the venue, or your admission is revoked by the venue, as a result of any venue safety and health policies, including relating to COVID tests or vaccines, you will be ineligible for compensation from theblackmediacollective.com.
100% Buyer Guarantee:
Under the 100% Buyer Guarantee, if the ticket(s) that you ordered on the Website were not delivered prior to your respective event in a form that was the same as, comparable to, or better than your purchased ticket(s), you are entitled to receive compensation for the payment that you made in relation to such ticket(s) pursuant to these Terms.
By using the Website, you agree to follow any contracts, policies, and other terms required by all pertinent parties, including by the venue or promoter. If you do not do so, you will be responsible for any amounts, including fines, costs, or legal claims, for your failure to do so. If your behavior causes a ticket seller’s season tickets to be compromised or lost, you agree to pay all amounts, including costs, fees, and damages, including direct and indirect damages (including consequential, exemplary, incidental, and special damages, attorney’s fees, fines, and loss of revenue or profits) proximately caused by your conduct.
You may not use the Website for any unlawful conduct. By using the Website, you agree to abide by all applicable laws and regulations. For example, you agree that you will not use any false personal information, impersonate anyone, make any false statements, use any payment information that is not authorized, violate these Terms or any applicable laws, gain unauthorized access, or assist anyone in violating these Terms or any applicable laws.
We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that we believe, in our sole discretion, may in any way violate any local, state, federal, or international law.
You are responsible for any and all legal fees incurred by you, Website, or Provider associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Website. In the event that you instigate a chargeback or dispute, we reserve the right to mitigate our damages by listing the tickets that are disputed for resale.
Modification and Termination:
We have the right, in our sole discretion, to change these Terms at any time. If we change any term or condition, said modification, revision, and additional information shall be posted here and shall automatically replace these Terms and become binding on all users of this Website. Your continued use of the Website, or your failure to dispute the new terms and conditions within fourteen (14) days after receiving notice of modification, following our posting of revised terms and conditions, constitutes your acceptance of the revised terms; however, if you inform us within fourteen (14) days after notice of modification that you do not agree to the modified terms, then you must immediately stop using the Website and will continue to be bound by the prior version of the terms.
Website and Provider may, at any time and for any reason, modify, update, suspend, supplement, amend, discontinue, or terminate any part of the Website, and may, at any time and for any reason, suspend or terminate your access to and use of the Website, with or without notice to you. If you desire to stop using the Website, you may do so. If these Terms are terminated for any reason, you must cease using the Website, and all provisions in these Terms which by their nature are intended to survive termination, including provisions relating to dispute resolution, disclaimers, and limits of liability, will expressly survive termination of these Terms.