GAMETIME UNITED, INC.

API Seller Terms of Service Agreement

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Introduction

Gametime is a ticket marketplace where buyers and sellers engage for a variety of sports, music, and entertainment events. To be an automated seller on Gametime, you must be approved and qualified (“API Seller”). Upon approval as an API Seller, you agree to abide by the terms, conditions, and provisions set for in these Terms and Conditions and to comply with all applicable laws, regulations, and ordinances related to reselling tickets.

Qualifying as an API Seller

Approval to sell on Gametime is contingent upon providing the following information:

  • Business name, legal address, and phone number
  • Valid email address
  • Proof of use of professional software automation for ticket resellingOnce approved as an API Seller, you are ready to list tickets for sale on Gametime.

Listing of Tickets

When listing your tickets on Gametime, you must ensure the following is true for each ticket:

  • Owned by you, valid, and authentic
  • Available for sale
  • In your possession, or available to you at a specific date in the future
  • Not in the name of a minor or student
  • Not be reserved for use only by a specific subset of the public, like students, children, the disabled, nationality, or gender

The following information must provided accurately and truthfully when listing tickets on Gametime:

  • Name, Date, and Venue of the event
  • Section, Row, and In-Hand Date
  • Any qualifying or restricting information about the location of the seats including but not limited to: “piggyback” seats, non-alcoholic or “family” sections, limited or obstructed views, and limited or restricted access to venue amenities
  • Delivery Types
  1. Electronic Delivery (E-Delivery): API Seller must upload the tickets to Gametime on or before the in-hand date
  2. Barcode Delivery: API Seller must deliver barcodes and seat numbers to Gametime on or before the in-hand date
  3. Flash Seats: API Seller must initiate transfer of the tickets in a timely and accurate manner upon receiving the buyer’s first and last name as well as email address from Gametime, provided this is after the in-hand date
  4. UPS: API Seller must ship the tickets to the buyer within 24 hours of receiving the UPS Shipping Label from Gametime, provided this is after the in-hand date

You must set a price for all listings that is indicative of the amount which you will sell the ticket to the buyer. This price must be included in the file you send to Gametime. You may change this price prior to the submission of an order, but you may not change this price after the submission of an order. You are responsible for any and all listing and pricing mistakes.

Selling of Tickets

If a buyer elects to purchase your listed tickets, API Seller will receive emailed notification of the order to a valid email address. Upon receiving this email notification, API Seller must comply with the following mandates:

  • You must confirm or reject the order immediately.
  • If the order involves instant download tickets, you must upload the tickets immediately.
  • Gametime may cancel any order prior to receiving confirmation of the order by the API Seller.
  • If tickets have already sold on another marketplace prior to when emailed notification of the Gametime order is received, you must immediately reject the order.
  • Gametime may require proof of prior sale to verify that the requested tickets actually sold elsewhere prior to Gametime submitting a request to purchase.

Fulfillment of Tickets

API Seller must provide the buyer with the exact ticket(s) as listed for sale, on or before the in-hand date, and by the specified delivery method as contained in the listing. API Seller may not change the specified in-hand date after submission of an order without approval by Gametime.

Change in Delivery Type: After order confirmation, if the order cannot be delivered in the specified method, API Seller must provide an alternate delivery method that is acceptable to Gametime and the buyer. If an agreement on an alternate delivery method cannot be reached, Gametime may cancel the order and charge the API Seller all associated costs of reaching an acceptable resolution to the satisfaction of the buyer. In this event, the API Seller may be subject to the penalties described below.

Delivering Incorrect Tickets: If API Seller delivers incorrect tickets, you must deliver the correct tickets immediately upon realization of the error. The API Seller may not wait for the return of the incorrect tickets. Gametime will make a good faith effort to retrieve the incorrect tickets for return to the API Seller but makes no guarantee or assumes no liability in the event the tickets are not successfully returned.

API Supplier may learn buyer information in facilitation of ticket delivery. Supplier agrees to use all information for the sole purpose of fulfilling/delivering an order. At no time may this information be used for any other purpose, including directly contacting a buyer. Supplier agrees not to provide any personal information to buyer, including, but not limited to, phone numbers, email addresses, mailing addresses, or any other contact information. No additional information shall be sent to a buyer at any time.

Events

Cancelled Events

  • API Seller will not be paid for cancelled events. If payment has previously been made for an event that is cancelled, Gametime has the right to automatically deduct amount from any future payment(s).

Postponed Events

  • API Seller is responsible for all delivered tickets for postponed events to remain valid for entry.
  • Sold listings for postponed events remain sold. API Seller is obligated to deliver previously confirmed orders.

API Seller Payment

Gametime pays API Sellers based on order confirmation twice per month. Gametime pays on or the nearest business day after the 1st and 16th of each month. Gametime offers two methods for payment to supplier, ACH Direct Deposit or Check. Upon becoming a API Seller with Gametime, supplier must provide correct payment information. When payment is issued, API Seller will also receive a remittance via email to an email address provided.

Prohibited Activities

Unlawful activity of any kind is prohibited on Gametime. Gametime reserves the right to assist in any investigation of unlawful activity taking place on the Gametime marketplace.

Recourse for Violations of Large Seller Terms

  • Description of Violations: Any of the following may constitute a violation of the Terms and Conditions. This list is not exhaustive.

  • Attempts to change price post-sale

  • Delivery of a counterfeit or fraudulent ticket

  • Failure to immediately remove tickets from Gametime when they have previously sold on another marketplace

  • Failure to deliver tickets to buyer

  • Failure to timely deliver a ticket

  • Failure to deliver the exact ticket listed for sale, including delivery type

  • Failure to return funds advanced to API Seller if an event is cancelled

  • Failure to treat buyers and Gametime employees in a professional manner

  • Suspected illegal, unlawful, or fraudulent activity

  • Venue Access Issues

In the event an API Seller confirms an order and delivers tickets that are not valid for entry to the event, Gametime reserves the right to charge the API Seller a penalty up to 100% of the order total and to not pay seller for the transaction that had entry issues. If an investigation is opened and API Seller is unresponsive for 10 business days, Gametime reserves the right to automatically collect the 100% penalty from the API Seller.

  • Broken Order Penalties

In the event that a confirmed order cannot be fulfilled, Gametime reserves the right to recover all funds paid to API Seller for the tickets as well as all funds expended to ensure that replacement tickets are secured or otherwise reach a resolution with a customer, including but not limited to internal administrative fees, shipping or rerouting charges, the cost of replacement tickets, refunds, customer relations and call center costs, credits, gift certificates, coupons, and other administrative costs. Gametime reserves the right in its sole discretion to charge the API Seller the full amount of the replacement costs Gametime incurs (for instance, orders involving large quantities of tickets or tickets with significant price appreciation). At no time may an API Seller relist tickets involved in a broken order on Gametime.

Additional Provisions

Gametime has the right, in its sole discretion, to modify, suspend or discontinue any part of this site at any time, with or without notice.

If Gametime chooses not to exercise, or delays exercising, its rights and powers under these Terms and Conditions, that shall not be deemed a waiver of the right not exercised nor a waiver of any other right or power under these Terms and Conditions.

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