Effective Date: February 16, 2021

 

Policies and Terms of Use

The following Policies and Terms of Use ("Terms" or "Agreement") are designed to ensure your understanding of the use of this website ("Site") and your purchase of any ticket listed on this Site. This Site is owned by OnlineCityTickets.com (“Site Owner”).  By using or visiting this Site, or purchasing tickets listed on this Site, you expressly agree to abide and be bound by and follow these Terms as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into this binding contract and if you are under 18, that you are purchasing tickets under the supervision of a parent or guardian. The Terms include the following provisions:

• All orders placed on this Site are considered requests until you receive written (email) confirmation of the availability of the tickets.
• All sales are final; there are no cancellations, returns, or exchanges.
• If an event is cancelled, you will be compensated as described in our Refund Policy below. If an event is postponed or rescheduled, your order will not qualify for a refund and your tickets will be valid for the rescheduled date.
• Ticket prices may be above the "face value" listed on the ticket (they may also be below the "face value").
• Confirmed orders may be filled with comparable or upgraded tickets.
• When you purchase a ticket, you receive a 100% Buyer Guarantee, as detailed below.
• If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, 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 a relocation will not qualify you for a refund or for other compensation.

 

Processing Services:

This Site utilizes a Service Provider ("Service Provider"). Service Provider has a platform that it licenses to the Site Owner and performs services related to your purchase. These services include, but are not limited to: (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Service Provider does not design or market the Site and its sole relationship with the Site Owner is that of independent contractor. Service Provider and Site Owner shall collectively be referred to as "We" and “Us” within these Terms, and references to “our” refer to both Site Owner and Service Provider.

 

Ticket Purchase Policy:

Purchasing:

When you find desirable tickets and wish to purchase them, you fill out and submit the information requested on the Site, which constitutes an order. This order is an offer to purchase the tickets from the seller. Once you submit the order, you cannot cancel or retract it. Upon the submission of the order, a hold will be placed on your credit or debit card for the funds necessary to purchase these tickets. You will receive an email sent to the address you provide to Us promptly after you place your order. It is your responsibility to provide a valid email address, and to confirm all information contained in your order submission. Neither of these actions complete the sale. Rather, a completed sale is dependent on the seller's acceptance of the order and written notice of confirmation to you that the order is accepted. Upon the seller's acceptance of the order, your credit or debit card used in placing the order will be charged. By placing an order, you authorize Service Provider to charge your method of payment for the total order amount, including all fees and charges. Please note that the price you pay may be higher than the face value of the tickets. A large number of ticket resellers list their tickets on the Site, and all ticket listings, locations, descriptions, and pricing are provided by the ticket sellers. We do not guarantee the accuracy of any information provided by ticket sellers presented on the Site, and We are not responsible for errors within the inventory listed for sale. It is the purchaser's responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price by calling our Customer Service Department at 800-854-2196 before the order is placed. If We find an error when processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.

 

Ticket Purchase Policy:

We reserve the right to replace tickets with comparable or upgraded tickets. When this occurs, We shall be considered to have fulfilled our obligations under these Terms. Definitions of "comparable" and "upgraded" are made at our reasonable discretion. Should We fail to deliver any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by law, to the return of any payment made by you in relation to the undelivered ticket. We reserve the right to cancel and refund your order at any time for any reason.

Due to the large volume of ticket sellers listing tickets, locations, descriptions and pricing of similar or equal tickets may vary.  

100% Buyer Guarantee

The 100% Buyer Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or better than the tickets you ordered, and the tickets shall be valid and authentic. Your only recourse under the 100% Buyer Guarantee is compensation made in relation to the tickets.

 

Refund Policy:

All sales are final.  If an event is canceled, We will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in our sole discretion (unless otherwise required by applicable law). To qualify for compensation, you must return your tickets as soon as possible, but within ten (10) business days after you receive notice offering you compensation. No compensation will be given without the original tickets, unless otherwise determined by Us in our sole discretion. Postponed or rescheduled events will not be compensated. We, in our sole discretion, will determine when an event is cancelled.

 

If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, We reserve 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 We deem 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. This provision and cancellation policy, as well as all other terms relating to the COVID-19 pandemic contained in this Agreement, will also apply to any circumstances caused by any other communicable disease or illness that has or is capable of having a similar effect to the COVID-19 pandemic.

 

Event Dates and Times:

Event date, times, venue and subject matter may change. We are not always notified of such changes. It is your responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.

 

Denial of Admission:

If you have difficulty getting into an event using the ticket you purchased from Us, you are required to contact our Customer Service Department at 800-854-2196immediately for assistance. If the problem is not resolved, it is your responsibility to obtain proof from the venue of denied entry. Upon receipt of valid proof that the tickets purchased through the Site failed to provide you entry, or if We otherwise determine in our sole discretion that the ticket was invalid, your sole remedy will be to receive compensation for the cost of the ticket including all fees and delivery charges.

 

Delivery of Tickets:

In most cases, tickets will be delivered by the method and timeframe designated in the ticket listing. Photo ID may be required to accept delivery. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, UPS. Tickets may not ship out immediately. In all cases, Service Provider reserves the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, in Service Provider's sole discretion, Will Call at the venue box office, email (when applicable), courier or pick up at a location outside the venue designated by Service Provider. Delivery designations, such as "e-Tickets" or "Instant Download", do not constitute guarantees of delivery any sooner than the day of the event. Typically such tickets will be delivered as designated. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the seller. It is your responsibility to contact our Customer Service Department at 800-854-2196if you do not receive tickets within 48 hours of the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by Us in our sole discretion.

 

Lost, Stolen, or Damaged Tickets

Please keep your tickets in a safe place. We are not responsible for lost, stolen, damaged or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace the tickets. Please note that direct sunlight or heat can damage certain types of tickets.

 

Payment Options:

As a buyer, you grant Service Provider permission to charge your credit or debit card for the purchase of tickets in the full amount of your order, including all fees and charges included at the time of checkout. Visa, Mastercard, Discover, American Express and PayPal are valid payment methods for purchasing tickets.

 

Ticket Holder Behavior Policy:

You agree to abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Should you fail to abide by those rules and policies, you shall be subject to all applicable penalties, including denial of admission to or removal from the event, restriction of future rights to access the venue, fines, and legal or other expenses associated therewith. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.

 

Disclaimer:

Neither the Site Owner nor the Service Provider is the official box office, or affiliated in any way with any venue, promoter, team, league or organizing group of any event for which tickets may be sold on the Site. Neither Site Owner nor Service Provider is associated with any official organizer of the events for which tickets are listed. Rather, the Site is an independent marketplace for the sale of event tickets on the secondary market and Service Provider is the platform and service provider related to secondary marketplace sales.

 

Changes in Terms and Conditions:

We reserve 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 the terms and conditions and become binding on all users of this site. Your continued use of the site following our posting of revised terms and conditions constitute your acceptance of the revised agreement.

 

Unlawful Activity:

We prohibit the use of the Site for any unlawful conduct. All users must comply with all local, state, federal and international laws, ordinances and regulations. By using this Site, 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 Site for any unlawful or unauthorized purpose.

 

Investigations and Consequences:

A purchaser who is the subject of a complaint or whom We believe may have violated these Terms or applicable law will be subject to investigation by Service Provider. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by Service Provider. If Service Provider finds, in its sole discretion, a user: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that Service Provider is unable to authenticate or verify, Service Provider may take any action it deems appropriate, including, but not limited to, canceling orders, issuing a warning, blocking your access to the Site, preventing you from finalizing pending transactions, or exercising any other remedy available to Us (including civil, criminal or injunctive redress). You agree that monetary damages may not provide a sufficient remedy to Us for violations of these Terms and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations.

We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that either Service Provider or Site Owner believes, in its respective sole discretion, may in any way violate any local, state, federal or international law.

 

Intellectual Property:

We respect the intellectual property of others, and We ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: OnlineCityTickets, Attn: Legal Department: Copyright Complaints, PO Box 94, Winter Park, FL 32790.

 

Ownership:

The Site and Service Provider's platform, including all Site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("Our Property") is owned or licensed by Site Owner and/or Service Provider and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the site. You may not use any of Our Property in connection with any product or service that is not offered by Site or Service Provider in any manner that is likely to cause confusion with respect to Service Provider's or Site Owner's business, or in any manner that disparages Site Owner or Service Provider. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Our Property without the express written permission of Site Owner or Service Provider, in our respective sole discretion. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.

 

Indemnification:

You agree to indemnify, defend and hold the Site Owner and Service Provider, and each of our respective parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation that any information you submit or transmit to the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this Site; and (e) any claim brought by a third-party (a "Third Party Claim") against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.

 

Disclaimers and Limitations on Liability:

No Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability: NEITHER SERVICE PROVIDER NOR THE SITE OWNER NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SERVICE PROVIDER OR THE SITE; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SITE OWNER, SERVICE PROVIDER, AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Disputed Charges:

You are responsible for any and all legal fees incurred by you, Site Owner or Service Provider associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Site.

 

Arbitration and Dispute Resolution:

You on the one hand and Site Owner and Service Provider on the other hand, each agree that any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of, or access to, this Site; (iii) Site Owner's and Service Provider's services; or (iv) any tickets or other items sold or purchased through this site shall be resolved exclusively through final and binding arbitration under the Consumer Arbitration Rules for the American Arbitration Association ("AAA") via video, web, or telephonic conference before a single, independent arbitrator, rather than in court. SPECIFICALLY, 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. Customer satisfaction is our number one goal. To that end, Site Owner and Service Provider are committed to resolving disputes with its customers in a fair and efficient manner. Prior to commencing any arbitration related to this Agreement, you agree that if you have a dispute with Site Owner or Service Provider, you must first contact our Customer Service Department at 888-684-3582. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify Us in writing about your claim by sending the accompanying form by certified mail to: OnlineCityTickets, Attn: Arbitration Department, PO Box 94, Winter Park, FL 32790. It is important that you provide as much information as possible. Our representative will respond within thirty (30) days of receiving this notice. If the matter is not resolved to your satisfaction, then you agree to begin arbitration by submitting a Demand for Arbitration to the AAA. The Demand for Arbitration and the AAA's Consumer Arbitration Rules are available at www.adr.org.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement to arbitrate or the Terms is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Illinois. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.

 

You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify Us in writing within thirty (30) days of the date that you first access this site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Site Owner and/or Service Provider through arbitration. Written notification should be mailed by certified mail to: OnlineCityTickets, Attn: Arbitration Department, PO Box 94, Winter Park, FL 32790.

 

YOU ON THE ONE HAND AND SITE OWNER AND/OR SERVICE PROVIDER ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND SITE OWNER AND/OR SERVICE PROVIDER (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU, SITE OWNER, AND SERVICE PROVIDER COLLECTIVELY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules, unless otherwise stated in this agreement to arbitrate as set forth in these Terms. If the value of the relief sought is $10,000 or less, at your request, Site Owner and/or Service Provider (whichever is the subject of the arbitration) will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by Site Owner and/or Service Provider should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Site Owner or Service Provider, as the case may be, for all fees associated with the arbitration paid by Site Owner or Service Provider.

For transactions involving tickets to events in Illinois, pursuant to 815 ILCS 414/1.5(c), you, Service Provider, and Site Owner may elect to submit complaints against one another to the AAA, under its Consumer Arbitration Rules. Such complaints shall be decided by a single, independent arbitrator in accordance with these Terms and you, Service Provider and Site Owner further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticket event held in Illinois.

 

Modification:

Service Provider or Site Owner has the right, in its respective sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice.

 

Access to the Site:

We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to the Site.

 

Force Majeure:

We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, disease, government-mandated shut-down, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.

 

Tax:

You are responsible for paying any sales taxes that may be applicable.

 

Governing Law:

These Terms, the use of the Site, and any sale of tickets hereunder will be governed by the laws of the state of Illinois, without reference to conflict of law principles.

 

Entire Agreement:

This Agreement, together with any other policies posted on the Site, including our Privacy Policy, contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.

 

Additional Provisions:

No agency, partnership, joint venture or other relationship is intended or created by your use of the Site.

If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.

The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.

 

PRIVACY POLICY:

 

This privacy policy is in place to provide you with information about how we collect, use, and share information through this website, its associated web pages, and any associated mobile application (which we refer to, together with all associated content, functionality, and connected services, as the “Site”).

The Site is owned and operated by OnlineCityTickets.com (the “Site Owner”). In addition, the Site utilizes a service provider (the “Service Provider”), which has a platform that it licenses to the Site Owner and performs services related to transactions made through the Site. The Site Owner and Service Provider are collectively referred to as “us”, “we” or “our” throughout this policy. When we refer to “you” and “your” in this policy, we are referring to you as a visitor to and user of the Site, including as a purchaser of tickets through the Site.

Your access to the Site and all communications between you and us are subject to this privacy policy. PLEASE READ THIS PRIVACY POLICY COMPLETELY AND CAREFULLY BEFORE USING THE SITE OR SUBMITTING ANY INFORMATION, PARTICULARLY PERSONAL INFORMATION, THROUGH THE SITE. BY USING THE SITE, YOU ARE AGREEING TO THIS PRIVACY POLICY.

Because of changes in Internet technology and practices, this privacy policy may change from time to time. We will post any changes we make to this privacy policy on this page, and any changes will be effective once the new policy is posted. It is your responsibility to check this privacy policy for updates. You can determine when this privacy policy was last updated by referring to the “Last Modified” legend at the top. By using the Site after we post any changes to this privacy policy, you agree to accept those changes, whether or not you have reviewed them.

1. How We Collect and Use YOUR PERSONAL Information

A. What Is Personal Information? Personal information refers to information that we can use to personally identify a specific individual. Different states and countries define personal information (and similar terms, such as personal data and personally identifiable information) to include different things, but it generally includes information like your name, mailing address, email address, and phone number. It may also include your computer or mobile device IP address, if that IP address can be linked to a particular person, or geo-location information, again if that information can be used to pinpoint a specific person.

B. Providing Personal Information Is Your Choice. You are in control of whether you provide us with your personal information – you can visit and view the Site without disclosing any personal information about yourself. However, if you choose to make use of certain features of the Site, you may need to provide certain personal information to us. For example, if you choose to use the Site to purchase tickets, list tickets for sale, or otherwise post content, you will need to create an account on the Site, and will be required to enter certain personal information.

If you are not comfortable with providing information to us, you should not do so. Although that will affect your ability to use our ticket sales platform, that is your choice. If you do provide us with any personal information, you agree that it will be accurate and complete, and you understand that it is your responsibility to update your personal information as necessary to keep it current.

C. The Personal Information We Collect, Why We Collect It, and How We Use It. The amount and type of personal information we collect from you depends on your activities and use of our Site. Below, we describe the types of personal information we collect, our reasons for collecting that information, and how we use it.

Device and Browsing Information. When you visit our Site, we may collect your device IP address, referring website(s), browser and device types, and the pages that you visit. We collect this information to provide you with a more personalized Site experience. Note that although this information may be considered personal information under some laws, we do not link it to other personal information about you.

Identification and Contact Information. This is information that identifies you as an individual (like your first and last name), and information that enables us to contact you (like your email address, mailing address, or phone number). It also may include information about you, such as information about tickets purchased and how you have interacted with our Site.

We will collect this information if you create an account on our Site (which will be required if you want to list or purchase tickets), if you sign up to receive our emails, newsletters, or other promotional materials, or if you participate in any interactive services or features our Site may offer from time to time, such as contests, surveys, and other activities. We will also be provided with your name and email address if you reach out to us using our “Contact Us” features of the Site.

We collect and use this information for the purposes of (a) verifying your identity when you create an account, list tickets, make a purchase, or access certain features of our Site; (b) transacting business with you, which includes managing your account on our Site, fulfilling orders, contacting you about your purchases, conducting customer service, and seeking feedback on our products and services; (c) responding to any inquiry you send to us; and (d) subject to your right to opt out and subject to applicable law, sending you newsletters and other promotional materials.

Billing Information. If you purchase tickets using our Site, the Service Provider will collect applicable billing information from you, such as credit card or bank account information, or, depending on payment options, information about your PayPal account. The Service Provider collects and uses this information to process required payments.

D. Certain Generally-Applicable Uses of Personal Information. In addition to the specific uses described above, the personal information we collect may be used for the following additional purposes, all of which are related to our operation of our business and our provision of services:

• Managing and personalizing your experience on the Site;
• Evaluating and improving our Site and our product and service quality;
• Complying with legal requirements; and
• Preventing and addressing fraud and breaches of our Site requirements and policies.

E. How Long We Keep Personal Information. We collect personal information for as long as we continue to have a business need to do so (which will be at least as long as you continue to maintain an active account on the Site or have an open listing or purchase order pending), unless a longer period is required by law. Business needs include legal, taxation, accounting, risk management, and other business purposes.

2. HOW AND WHY WE SHARE PERSONAL INFORMATION

We restrict access to your personal information to those who need to access it to use it as described in this privacy policy. We share personal information with third parties in the following circumstances:

• The Site Owner and Service Provider receive and share information as necessary to process ticket purchases.
• We will provide personal information to our trusted service providers who need to use that information to conduct business on our behalf. These third parties include the shipping companies who ship tickets, the credit card processing companies to complete billing and payment, and others who may assist us with email and newsletter distribution. We provide these service providers only with the information they need to perform their services, and work with them to respect and protect your privacy.
• We may share your personal information with our company affiliates and business partners for our and their legitimate business purposes, including so that we or they may provide you with promotional emails, special offers, or other materials that may interest you. If you do not wish for us to share your information in this manner, please let us know by contacting us at support@onlinecitytickets.com. However, please note that we are not responsible for the privacy policies of these third parties once they have received your information.
• We will release information, including personal information, if we believe that doing so is appropriate to (a) comply with law, regulations, legal process or governmental request, (b) enforce any policies applicable to the Site, including potential violations, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) otherwise protect the rights, property or personal safety of us, our employees, Site users, or others.
• We may share information, including personal information, in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company in which personal information about the users of our Site is among the assets transferred.

We do not sell, rent, or lease any personal information that we collect about you through the Site to anyone for any purpose, other than as disclosed, unless you have given us your separate express permission to do so.

3. COOKIES AND OTHER TRACKING TECHNOLOGY

A. How We Use Cookies. Cookies are small text files that are stored on your browser, device, or the page you are viewing when you visit a website. Some cookies are deleted once you close your browser or application (session cookies), while other cookies are retained even after you exit so that you can be recognized when you return (persistent cookies). We use session cookies to make it easier for you to navigate our Site. We use persistent cookies to store your email address and, subject to your setting preferences, your account login information, so you don’t have to enter it more than once. We also use persistent cookies to store purchase and log data, and to personalize your shopping experience, and to track and target the interests of our users to enhance their experience on our Site.

Cookies do not typically contain any information that personally identifies a user, and we do not link the information stored in cookies to any personal information that you submit when using our Site.

Most web browsers automatically accept cookies and other tracking technologies, but you can usually change your settings to prevent that, such as by having your device warn you each time a cookie is being sent or choosing to turn off all cookies. On our Site, you will be able to disable all cookies other than persistent cookies that are required when you make a purchase. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings.

If you do disable cookies from your browser you may not be able to access certain sections of the Site that use essential cookies, and this may make your experiences on the Site less efficient.

B. Third Party Tracking Technologies. We may allow third parties to set cookies during your visit to the Site. These are third parties that provide us with information about how you use the Site. They may also use cookies, on our behalf, to promote our newest products and services on other websites based on your activity on our Site. For example, you may see tickets or events that you viewed on our Site presented on other websites as you move around the internet.

In addition, various third parties, including our analytics providers and our ad partners, may use cookies, alone or with other tracking technology, to collect information about you when you use the Site for their own purposes, independent from us. These third parties may be able to associate the information they collect with your personal information, or they may collect information, including personal information, about your online activities over time and across other website and online services. They may use this information to provide you with behavioral advertising or other targeted content on other websites and through other media.

We cannot control any third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

C. Do Not Track Requests. Currently, certain browsers offer a “do not track” (DNT) option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user’s DNT preference, if any, set on the browser. We do not currently commit to responding to browsers’ DNT signals. We cannot make this commitment because there is not a common understanding among industry groups, technology companies, or regulators about how to interpret the DNT signal.

4. Third party sites and SOCIAL SHARING FEATURES

Our Site may include links to other websites. We do not control the privacy practices of any third parties, and if you submit personal information to any of those sites, their collection and use of your information is governed by their privacy policies, which differ from ours. We encourage you to carefully read the privacy policy of any website you visit.

Our Site may offer social network and similar sharing features, such as Facebook, Twitter, Instagram, and similar buttons, which let you share information related to the Site through your preferred social media platforms. If you permit a connection between our Site and your social network page(s), we (and the social network) may be able to identify you, and associate the information we (and they) receive with information we (and they) already have about you. In addition, depending on how you use those features and your settings with the social network provider(s), the information you share to your social network pages will be available to others, including your friends and/or the public. For more information about how your information may be shared through those social networks once it is provided to them, you should review the privacy policies of those social networks.

5. Our Security Measures

We use a variety of industry-standard security measures to maintain the safety of your personal information, including measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. We store the personal information you provide on secure (password- and firewall-protected) servers. All electronic financial transactions conducted through our Site are protected by encryption technology.

Unfortunately, no electronic data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we believe that we use reasonable measures to protect personal information, we cannot ensure or warrant the security of any information transmitted or otherwise provided to us or received from us.

If you have an account on our Site, it is your responsibility for keeping the password confidential. We will never ask for your password (except when you create your account and log into our Site).

6. YOUR RIGHTS REGARDING Your Information

A. General Rights.

Providing Personal Information Is Your Choice. You can browse the Site without providing any personal information, other than browsing data (which we will not attempt to link to any other personal information). However, if you choose to use the Site to engage with us, such as by posting or purchasing tickets or requesting information, you will be required to provide us with the necessary information. If you do not want to provide us with any information, you should not use our Site.

Your Rights to Opt Out of Certain Communications. You can always opt out of receiving promotional communications such as our newsletters by selecting the “unsubscribe” link included in any email communications, or by contacting us at us at support@onlinecitytickets.com. Please note that despite your email preferences, we may need to contact you regarding outstanding orders, as required by law, or regarding legal matters. However, we will not send you marketing communications after you have opted out of receiving them.

How to Update and Change Your Information. If you have an account on the Site, you can access and edit your account information online, by signing into your account and selecting the information you want to edit. In addition, you can contact us at any time at support@onlinecitytickets.com to request that we make any edits to your personal information.

How to Request Deletion of Your Information. As noted above, we have standard retention practices with respect to the personal data we collect, and your personal information will be retained and used as described in this privacy policy for so long as you have an active account. If you would like to request any earlier removal of your personal information, you can also contact us at support@onlinecitytickets.com. Please note that we may not be able to completely remove personal information from the Site or our systems in certain circumstances. This will be true if the data is not in a searchable format or if it is retained in backup systems or cashed or archived pages. Once your account is deactivated and/or we no longer need it to provide you with requested services, we will retain and use your information only as necessary to comply with our legal obligations, resolve disputes, prevent fraud or future abuse, and enforce our agreements, including any Site terms.

B. Certain Rights of California Residents. If you are a California resident, please see the Additional Information for California Residents, below.

C. Certain Rights of Nevada Residents. If you are a Nevada resident, please note that we do not sell information as defined in and for purposes of Nevada’s online privacy law.

D. Certain Rights of EU Persons. For our users in the European Union (EU), this privacy policy is intended to comply with Regulation (EU) 2016 of the European Parliament and of the Council of 27 April 2016, known commonly as the General Data Protection act, or the GDPR. If you are in the EU, you have the following rights, subject to certain limitations and exceptions imposed by the GDPR:

• Right to Access – this is the right to request copies of your personal information from us.
• Right to Correct – this is the right to have personal information corrected if it is accurate or incomplete.
• Right to Erasure – this is the right to ask us to delete or remove your personal information from our systems.
• Right to Restrict Use – this is your right to block us from using, or to limit the ways we can use, your personal information.
• Right to Data Portability – this is your right to request that certain of your personal information be transferred to a different provider.
• Right to Object – this is your right to object to our use of your personal information, including when we use it for our legitimate interests, including for marketing purposes.

If you have questions relating to the above rights, you can contact us at support@onlinecitytickets.com. If you are not satisfied with how we have responded to any request you make regarding the above rights, you may be able to raise your complaint with the Data Protection Authority in your jurisdiction. You can find your national Data Protection Authority here.

In addition, if you are from the EU or are otherwise located in the European Economic Area (EEA), we are required to give you information about the transfer of your information outside the EEA. When we transfer information outside of the EEA, it is our practice to enter into Standard Contractual Clauses to ensure the protection of the information we shared.

For purposes of the GDPR, if you are located in the EU, the Site Owner and the Service Provider are joint controllers of the personal information you provide.

7. A Note about Children

Our Site is not targeted to, and we have no interest in collecting information from, children. We do not knowingly gather any personal information from children under the age of 13. If you are a parent or legal guardian who believes that your child has provided us with any personal information, please contact us at support@onlinecitytickets.com.

8. INTERNATIONAL USERS

If you are accessing the Site from outside the United States and provide us with personal information through the Site, you understand that your personal information will be transferred to and processed in the United States. The laws that apply to the use and protection of your personal information in the United States are different than the laws of other countries. By using our Site, regardless of your country of origin and/or the country in which you access or use the Site, you consent to the collection, sharing and use of your information, including any personal information, as described in this privacy policy.

Additional Information for California Residents

1. APPLICABILITY OF AND GENERAL INFORMATION ABOUT THIS CALIFORNIA PRIVACY NOTICE

This Additional Information for California Residents(this “California Privacy Notice”) applies solely to residents of California (who are referred to as “you” or as “consumers” in this California Privacy Notice). It is provided as a supplement to the information contained in our privacy policy and is intended to provide additional details regarding our collection and use of personal information.

This California Privacy Notice has been adopted to comply with the California Consumer Privacy Act of 2018, referred to as the “CCPA”, so any terms defined in the CCPA (such as “personal information,” “consumer,” “service provider,” “third party,” and “sale/sell”) will have the same meaning when used in this California Privacy Notice. For example, a “consumer” refers to a natural person that is a resident of the state of California.

2. THE CATEGORIES OF PERSONAL INFORMATION WE COLLECT

For purposes of the CCPA, the table below describes the categories of personal information we have collected within the last 12 months and the categories of third parties with whom we have shared that information for a business or commercial purpose.

Categories of Information We Collect	Categories of Sources of this Information	Purposes of Collection	Categories of Third Parties to whom Information is Disclosed
Identifiers - includes your name, mailing address, unique personal identifier (account ID), email address, phone number, and other, similar, identifiers	·Directly from you	·Creating accounts on the Site ·Verifying a user’s identity ·Providing our users with services ·Communicating with users ·Processing and completing ticket orders, including ticket delivery ·Marketing	·Service Provider ·Other service providers, including insurance providers, payment processors, email marketing platform providers, distribution partners, mail couriers, and internet/platform hosting providers ·Ticket sellers and purchasers
Personal information categories listed in the California Consumer Records statute (Cal. Civ. Code §1798.80(e)) – includes your name, postal address, telephone number, and credit card or similar account information	·Directly from you	·Creating accounts on the Site ·Verifying a user’s identity ·Providing our users with services ·Communicating with users ·Processing and completing ticket orders, including ticket delivery ·Marketing	·Service Provider ·Other service providers, including insurance providers, payment processors, email marketing platform providers, distribution partners, mail couriers, and internet/platform hosting providers ·Ticket sellers and purchasers
Commercial information – records of tickets purchased	·Directly from you	·Providing our users with services ·Communicating with users ·Processing and completing ticket orders, including ticket delivery ·Marketing	·Service providers ·Ticket sellers and purchasers
Internet or other similar network activity – includes browsing history, search history, or information on interaction with a website, application, or advertisement	·Cookies and other tracking technologies	·Analytics ·Evaluating and enhancing Site functionality	·Service providers (including analytics providers)
Geolocation data – includes physical location	·Directly from you (including through your device settings)	·Providing location-based information (such as tickets near you)	·Service providers

 

In addition to the business or commercial purpose of collection of personal information described above, we may use any of the personal information we collect for the general purposes disclosed in our main privacy policy, and may disclose personal information for our business and commercial purposes as described in our main privacy policy.

3. INFORMATION ABOUT SALES OF PERSONAL INFORMATION

In the past 12 months, we have not sold any personal information.

While the CCPA has a broad definition of what constitutes a sale of information, many types of transfers of information do not qualify as “sales” under the CCPA. We have carefully evaluated the manner in which we share information to determine that we do not sell your personal information.

As noted above, we share information with our service providers (including Service Provider) who need the information in order to perform contracted services for us. This may include transfers such as those to Service Provider as necessary to process orders for tickets, and transfers to our credit card processors to complete payments. We enter into agreements with each service provider that limit the purposes for which the personal information may be used and that require the third party to keep that personal information confidential. With these protections, these transfers are not considered “sales” under the CCPA.

4. YOUR RIGHTS AND CHOICES REGARDING YOUR PERSONAL INFORMATION UNDER THE CCPA

The CCPA provides California residents with certain specific rights regarding their personal information. This section describes your CCPA rights, and explains how to exercise them. Please note that your rights are subject to limitations and exceptions described in the CCPA.

• Right to Access Certain Information – You have the right to ask us to provide you with information about our collection and use of your personal information over the past 12 months.
• Right to Data Portability – You have the right to ask us to provide you with copies of personal information that we have collected about you, in a portable and readily-usable format.
• Right to Request Deletion of Certain Information – You have right to ask us to delete personal information about you that we have collected and retained.
• Right to Non-Discrimination – You have the right not to be discriminated against for exercising any of your CCPA rights.

If you make a request to delete your personal information, we can deny that request if we or our service providers need to keep the information to:

• Complete the transaction for which we collected the personal information, provide you with a product or service you have requested, take other actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract with you;
• Detect security incidents, protect against illegal or fraudulent behavior, or engage in legal actions with persons responsible for such activities;
• Debug products to identify and repair errors impacting the functionality of our Site or services;
• Exercise free speech or ensure other consumers’ rights to free speech, or otherwise exercise rights provided by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise any of the rights described above, you must submit a verifiable consumer request to us. You can do so by:

• Sending us an email with the subject heading “California Privacy Rights” at support@onlinecitytickets.com; or
• Calling us at (800) 854-2196

Only you, or a person registered with the California Secretary of State that you expressly authorize to act on your behalf, can make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

If you contact us to exercise your California privacy rights, you must attest to the fact that you are a California resident, and provide us with a current California address. We cannot respond to your request or provide you with information if we cannot identify you or confirm your authority to make the request, so any request will require you to provide sufficient information to allow us to reasonably verify your identity and/or the identity and authorization of your agent (if applicable). We will only use any personal information provided in a verifiable consumer request to verify the requesting party’s identity or authority to make the request, by matching that information with the personal information we already have about you. If you have an account on the Site, we will also verify your identity using our standard authentication practices for your account.

We will respond to any verifiable consumer request in the manner and within the timeframes required by the CCPA.

You may only make a verifiable consumer request for access or data portability twice within any 12-month period.

5. OTHER CALIFORNIA RIGHTS

In addition to the CCPA, California’s “Shine the Light” law permits California residents to request certain details about our disclosure of their personal information to third parties for those third parties’ own direct marketing purposes. If you are a California resident and you would like to make such a request, please contact us at support@onlinecitytickets.com. Please note that there are legal limits on how often you can make such a request, and we are only obligated to respond to one information request per customer per year.

In addition, if any California residents under the age of 18 have used the Site, created an account, and posted content or information on the Site, they can request removal by contacting us at support@onlinecitytickets.com, detailing where the content is posted and confirming that they posted it. Following such a request, we will terminate the unauthorized account, and will make reasonable good faith efforts to remove any post or information from public view, or anonymize it so that the minor cannot be individually identified. However, removal of public postings cannot ensure complete or comprehensive removal, as third parties may republish, archive, or cache web content in a manner that is out of our control.