Terms of Service
Last revised: November 21, 2023
Thank you for choosing Ticket Spotters! We provide a marketplace for you to buy tickets to your favorite shows at great prices. Please read these Terms of Service carefully before using our Site or Services.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
Ticket Concierge, LLC (“us,” “we,” “our,” or “Ticket Spotters”), the owner of ticketspotters.com (the “Site”) is committed to providing the live event ticket marketplace for our customers. These terms of service (“Terms”) were created to further your understanding of the terms you (“you,” or “your”) agree to with us in the course of your use of the Site and our online event ticket marketplace (the “Services”).
Ticket Spotters may, from time to time, modify, amend, or supplement these Terms, and all such modifications, amendments, or supplements to these Terms shall automatically be effective when posted, as such, we recommend that you review the Site often to keep abreast of any changes. If you do not agree to be bound by (or cannot comply with) these Terms, including the Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the Terms, including the amended Terms.
Ticket Marketplace and Policies for Ticket Buyers.
- General. Ticket Spotters is an independent marketplace designed to connect buyers of tickets and sellers of tickets. As such, our services are merely designed to act as a marketplace to connect buyers and sellers, and Ticket Spotters 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. Ticket Spotters is acting solely as an agent on behalf of the sellers listing tickets on our marketplace. As such, Ticket Spotters has no liability, either primarily or secondarily, for amounts collected or paid through its marketplace. Unless otherwise expressly stated by Ticket Spotters, the display of any tickets or sellers on our website 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.
- Ticket Listings. Sellers set the ticket prices/value (the “Ticket Price”) and the Ticket Prices may be set at, above or below the original price of the applicable ticket. Unless otherwise noted on a specific ticket, on the ticket listing or on a confirmation page or email, tickets may be transferable, even if another person’s name appears on the face of the ticket. Some sellers may offer tickets for sale, even though they may not have them in their possession at the time of their listing or completion of sale. If the seller fails to confirm the sale, Ticket Spotters will work to help the buyer source similar seats for the same price or less. However, Ticket Spotters 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.
All prices for tickets are in United States dollars unless noted otherwise. A large volume of tickets are listed on the Ticket Spotters marketplace, and Ticket Spotters makes every effort to prevent pricing errors. On rare occasions when pricing errors occur, Ticket Spotters shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, Ticket Spotters may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, Ticket Spotters will allow you to cancel your order. All orders are subject to ticket availability.
Buyers are solely responsible for completing their transactions in their purchase of tickets, including the payment of applicable fees. By committing to purchase a ticket, you are entering into a binding contract with the seller to purchase the applicable ticket. All sales are final, and except for canceled events, you will not receive a refund for any completed purchase. You cannot change or cancel orders after the sale is complete.
- Purchase Process. To order tickets, a buyer first browses our listings for tickets. When the buyer finds desirable tickets, the buyer places an order to purchase the ticket(s). When an order is placed, sellers have 48 hours to receive notification of an order and confirm delivery. 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. To be explicit, once a seller accepts an order, it cannot be cancelled or refunded by Ticket Spotter. Once you identify the tickets you would like to purchase, and select them, you will be directed through the checkout process where you will enter your name and address and provide payment information. You will also be able to review the ticket details and the total order price which will include service and delivery fees and any applicable taxes. The service and delivery fees are added by Ticket Spotters to the price of the tickets set by the seller. The service and delivery fees cover the costs of company operations, including connecting buyers to sellers with premium inventory to listed events, premium customer service, website improvements, and safe and secure checkout and delivery of ordered tickets.
- Original Ticket Price. We may provide the original ticket price for a ticket being sold on our Service prior to purchase, in accordance with applicable law. As a buyer, you should understand that (i) we can only provide the original price if we have access to the information, either from our own records as the primary ticketing service provider for the last sale, or from the seller themselves, and (ii) in the event we receive this information from the seller, we do not independently verify the truthfulness or accuracy of such information.
- Payment Processing. By placing an order, you authorize Ticket Spotters’ payment processing partners (e.g., the ticket seller, and/or their payment processor of choice, such as Braintree) to charge your method of payment for the total order amount. Ticket Spotters does not receive your payment information directly. When you place an order, your order is then sent to the seller for confirmation. The seller will confirm the tickets are still available and you will receive notification that the tickets will be delivered. If you do not receive notification of ticket delivery, contact us at concierge@ticketspotters.com for assistance.
- Ticket Delivery. All tickets will be delivered directly from the seller via email or physical delivery. Ticket Spotters does not offer any paper tickets. Many tickets are accessible only through display via a mobile device. It is your responsibility to make certain that your mobile device is charged with sufficient power so that you can access your tickets when you arrive at the venue. You agree to supply seller(s) and Ticket Spotters with the appropriate information necessary for delivery of tickets, including, but not limited to, email address and physical address (if applicable). We make no guarantee regarding your receipt of the tickets, particularly if you provide incorrect information for the delivery of tickets, or you are unavailable to receive the tickets when they are delivered.
- Use of Ticket Bot Technology. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct ticket transactions on the Ticket Spotters online marketplace. You may not use ticket bot technology to search for, reserve, or purchase tickets through the Ticket Spotters online marketplace. For the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Ticket Spotters online marketplace, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Ticket Spotters online marketplace that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
- Fraudulent Tickets. If a buyer is deemed to have purchased fraudulent tickets (including tickets which result in denied entry by the venue on the day of the event), the buyer should immediately contact the seller directly using the information provided on the bottom of their order confirmation. Buyers may contact Ticket Spotters at concierge@TicketSpotters.com for help with identifying the correct contact, however, it is ultimately the seller that is responsible for any replacement tickets and/or refunds. By using our Services, you agree that Ticket Spotters is not responsible and shall not be held liable for any fraudulent or otherwise invalid tickets and/or your inability to attend the applicable event.
- Event Cancelation, Postponement, and Refunds..
- If an event is canceled and not rescheduled (a “Canceled Event”), the total Ticket Price should be automatically refunded to the buyer within five (5) business days. If no refund is received in that time frame, please email the seller directly based on the information provided at the bottom of your order confirmation.
- If an event is postponed, the venue where the applicable event was scheduled to take place (or the applicable authority) will determine if original tickets (the one(s) you bought) are still valid. If the original ticket(s) are still valid for the rescheduled event, then the original sale and Ticket Price are final. If the original ticket(s) are not honored by the appropriate venue, and new tickets need to be purchased for the newly scheduled event, the event will be treated as a Canceled Event, and purchases will be refunded as outlined above. Refunds or credits will not be issued for postponed events unless they are canceled.
- Ticket Spotters is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. No refunds or credits will be issued under such circumstances.
- All customer service inquiries and needs will be handled by the seller, whose information will be provided at the bottom of your order confirmation. Ticket Spotters cannot issue refunds once a ticket purchase has been confirmed by the seller. Any refund requests must be submitted directly to seller and is subject to their terms and conditions. Any questions can be directed to concierge@ticketspotters.com.
- User Relationship with Ticket Spotters. As a buyer using our Services, you grant Ticket Spotters permission to charge the credit or debit card provided for the purchase of tickets. Ticket Spotters 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 a seller, you release Ticket Spotters 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.
All transactions originating from your account are your responsibility. Please be mindful to whom account access is given, as the account holder is responsible for all charges incurred.
ADA Terms & Condition
Ticket Spotters cannot independently verify if the venues associated with each ticket are ADA compliant or if the seller has accurately described each ticket as an ADA accessible seat. Any determination about whether a buyer qualifies for ADA seating will be made by the venue, not Ticket Spotter.
Intellectual Property
- Copyright and Trademarks. You acknowledge that any and all content on the Site and/or available through the Services, including the Software (as defined below) (collectively, the “Ticket Spotters IP”) are our property (or the property of our business partners) and are protected by copyright, trademark, and other intellectual property and proprietary property laws. Except as explicitly provided otherwise, the Terms and applicable copyright, trademark, and other laws govern your use of such content. Any other use, including but not limited to the reverse engineering, decompiling, altering, modifying, or disassembling of our source code or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. Ticket Spotters and associated brand names, domain names, trademarks, service marks or logos of Ticket Spotters (or our business partners) and are protected under the trademark of the United States and/or other countries and may not be used or displayed by you without our prior written permission (or the respective owner of such trademark, service mark or logo).
- Software. Software that is made available from the Site and/or Services (“Software”) is the copyrighted work of Ticket Spotters and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Services unless you first agree to the Terms, after which Ticket Spotters hereby grants to you a personal, nontransferable license to access the Software for viewing and otherwise using the Services in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Ticket Spotters and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
- You may use Ticket Spotters IP for transactions for your own direct use only. Ticket Spotters does not grant the right to sublicense, resell, offer, or utilize our Site, Services, or Software to other third parties. If Ticket Spotters determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Ticket Spotters reserves the right to immediately suspend or terminate your service/account (without notice).
Limitation on Liability
IN THE EVENT TICKET SPOTTERS IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO YOUR USE OF TICKET SPOTTERS IP, YOU AGREE THAT TICKET SPOTTERS’S TOTAL LIABILITY TO YOU WILL NOT EXCEED YOUR TOTAL TICKET PRICE FOR THE APPLICABLE EVENT FOR WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. TICKET SPOTTERS IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES.
Disclaimer
THE TICKET SPOTTERS IP IS PROVIDED BY TICKET SPOTTERS ON AN “AS IS” BASIS. TICKET SPOTTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TICKET SPOTTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TICKET SPOTTERS DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
Links to Third Party Sites
The Ticket Spotters IP and affiliated websites may contain links to third-party websites (“Third Party Sites”). Third Party Sites are not under the control of Ticket Spotters and Ticket Spotters is not responsible for the contents of any Third-Party Sites, including without limitation any link contained in a Third-Party Sites, or any changes or updates to a Third-Party Sites. You should contact the Third-Party Sites administrator or webmaster if you have any concerns regarding such links or the content located on such Third-Party Sites. You are solely responsible for following the terms and conditions of all Third-Party Sites, including carriers and other third-party providers of services. You are responsible for following the terms and conditions of all carriers and partners accessed through the Site. Please visit each individual Site to obtain and review their terms and conditions. The use of carrier services via the Ticket Spotters platform is at your own risk. Ticket Spotters is not responsible for your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of your choosing and you agree to be bound by the terms and conditions of that carrier for use of services, including the payment of any fees associated and a carrier’s right to open, inspect and assess your package before and after collection.
Unauthorized Use or Access
You agree that you will not, under any circumstances:
- Interfere or attempt to interfere with the proper functioning of Ticket Spotters Properties or connect to or use the Ticket Spotters IP in any way not expressly permitted by the Terms;
- Systematically retrieve data or other content from Ticket Spotters IP to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
- Use, display, mirror or frame Ticket Spotters IP, or any individual element within Ticket Spotters IP, Ticket Spotters’ name, any Ticket Spotters trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ticket Spotters’ express written consent;
- Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Ticket Spotters IP or that is in transit from or to Ticket Spotters IP, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Ticket Spotters IP;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or Ticket Spotters IP, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of Ticket Spotters IP, or take any action that imposes or may impose (in Ticket Spotters’ sole discretion) an unreasonable or disproportionately large load on the infrastructure for Ticket Spotters IP;
- Bypass any robot exclusion headers or other measures Ticket Spotters takes to restrict access to Ticket Spotters IP, or use any software, technology or device to send content or messages, scrape, spider or crawl Ticket Spotters IP, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to Ticket Spotters IP, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Ticket Spotters IP; or (ii) any connection using programs, tools or software not expressly approved by Ticket Spotters;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Ticket Spotters IP, or to obtain any information from Ticket Spotters IP;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipmen
- Solicit or attempt to solicit personal information from other users of Ticket Spotters IP;
- Use Ticket Spotters IP to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use Ticket Spotters IP to send altered, deceptive or false source-identifying information;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); or
- In connection with your use of Ticket Spotters IP, you shall not: (1) harm minors in any way; (2) impersonate any person or entity, including, but not limited to, Ticket Spotters personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; (4) Stalk or otherwise harass any other user of our Ticket Spotters IP; or (5) advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Indemnification
You agree to defend, indemnify and hold harmless Ticket Spotters, its officers, directors, employees, and agents (the “Indemnified Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s and administrative fees) arising from (i) your use of and access to the Site, Services, and Software; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of our Site, Services, or Software caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of our Site or Services.
Miscellaneous
- Site Changes. Ticket Spotters reserves the right at any time to modify or discontinue, temporarily or permanently, the Software, Site, Services, or any part of the thereof with or without notice for any reason. Ticket Spotters performs regularly scheduled maintenance and while we do our best to avoid customer impact, the Site or our Services may be unavailable during these maintenance periods.
- No Minors. You may not use our Site or register for Services if you are under 18 years of age. By registering for the Services, you represent to Ticket Spotters that you are 18 years of age or older.
- International Users. Ticket Spotters can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Ticket Spotters intends to announce such Services in your country. Ticket Spotters' marketplace is controlled and offered by Ticket Spotters from its facilities in the United States of America. Ticket Spotters makes no representations that Ticket Spotters is appropriate or available for use in other locations. Those who access or use Ticket Spotters from other countries do so at their own volition and are responsible for compliance with local law.
- Force Majeure. Ticket Spotters shall be excused from performance for any period and to the extent that it is prevented from performing any action, in whole or in part, as a result of delays caused by the other party or an act of God, war, civil disturbance, court order, labor dispute, or other cause beyond its reasonable control, including without limitation failures or fluctuations in electrical power or telecommunications equipment.
- No Assignment. This Agreement shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors and permitted assigns. This Agreement may not be assigned by you without the prior written consent of Ticket Spotters.
- Governing Law and Venue. This Agreement shall be governed by the law of the state of Illinois, without regard to the conflicts of law principles thereof. Any litigation hereunder will be brought exclusively in any state or federal court of competent jurisdiction in Chicago, Illinois and each Party consents to venue and exclusive personal jurisdiction of such courts. Should a dispute between the named Parties lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.
- All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Ticket Spotters. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
- Survival. Any provision of this Agreement that by its nature is reasonably intended to survive beyond termination shall survive termination including, without limitation sections 3-10.
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipmen
- Solicit or attempt to solicit personal information from other users of Ticket Spotters IP;
- Use Ticket Spotters IP to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use Ticket Spotters IP to send altered, deceptive or false source-identifying information;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); or
- In connection with your use of Ticket Spotters IP, you shall not: (1) harm minors in any way; (2) impersonate any person or entity, including, but not limited to, Ticket Spotters personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; (4) Stalk or otherwise harass any other user of our Ticket Spotters IP; or (5) advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Contact
If you have any questions about our Ticket Spotters, our Site, Services, or Software, please contact us by email at the following address: concierge@TicketSpotters.com.