Terms of Service Agreement
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PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION (“See Section 6 entitled “Governing Law and Arbitration.”) THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES ARISING FROM YOUR RELATIONSHIP WITH GAMETIME, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
Gametime United provides a place for you to buy (from third-party ticket sellers), download and use event tickets on-the-go through one application and then finding fast ways in, out and around venues using detailed maps displaying congestion data.
You may use the Service only if you can form a binding contract with Gametime United, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Gametime United.
B. Gametime United Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Gametime United reserves all rights not expressly granted herein in the Service and the Gametime United Content (as defined below). Gametime United may terminate this license at any time for any reason or no reason.
C. Gametime United Accounts
Your Gametime United account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Gametime United account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. Each User may only have one buyer and one seller account. By connecting to Gametime United with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Gametime United immediately of any breach of security or unauthorized use of your account. Gametime United will not be liable for any losses caused by any unauthorized use of your account.
By providing Gametime United your email address and/or phone number you consent to our using those contact methods to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or phone number to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
D. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Gametime United servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Gametime United Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Gametime United shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service allow Users to post content such as profile information, comments, photos, videos and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Gametime United has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, for example in a video, you hereby represent that you have the necessary copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content to grant the license granted below. Gametime United reserves the right, but is not obligated, to reject and/or remove any User Content that Gametime United believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Gametime United’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C. Gametime United may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Gametime United takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Gametime United shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Gametime United a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Gametime United’s (and its successors’ and affiliates’) business, including without limitation for providing, promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. Mobile Software
A. Mobile Software
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Gametime United does not warrant that the Mobile Software will be compatible with your mobile device. Gametime United hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Gametime United account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Gametime United may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Gametime United or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Gametime United reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: the Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Gametime United Service.
B. Mobile Software from iTunes
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Gametime United, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Gametime United as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Gametime United as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Gametime United, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Gametime United acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Gametime United Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Gametime United and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Gametime United Content. Use of the Gametime United Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gametime United under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Gametime United does not waive any rights to use similar or related ideas previously known to Gametime United, or developed by its employees, or obtained from sources other than you.
6. Governing Law and Arbitration.
A. Governing Law
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Gametime United, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GAMETIME UNITED. We each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Rules and Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
For disputes arising in a jurisdiction where JAMS cannot or will not administer the arbitration, the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth herein. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the fullest extent permitted by law.
i. Covered Disputes: You and Gametime agree that any dispute, claim, or controversy arising out of or relating in any way to, among other things, (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; and (iii) your relationship with Gametime (collectively, the “Covered Disputes”), will be settled by binding individual arbitration between you and Gametime, and not in a court of law, regardless of whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms. This Arbitration Agreement survives after your relationship with Gametime ends.
ii. Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND GAMETIME UNITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. NEITHER THIS WAIVER, NOR ANY PART OF THIS AGREEMENT, SHALL BE CONSTRUED TO PREVENT AN INDIVIDUAL FROM SEEKING PUBLIC INJUNCTIVE RELIEF FROM THE ARBITRATOR.
iii. Exceptions: Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims(i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction by either party on an individual basis only.
iv. Delegation: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Covered Dispute including, without limitation, any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable, or illusory and any defense to arbitration, including, without limitation, waiver, delay, laches, or estoppel.
v. Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to a Covered Dispute. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.
vi. Location: The arbitration will be conducted in the county in which you reside, unless you and Gametime United agree otherwise.
vii. Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, including the Expedited Procedures set forth in the Comprehensive Arbitration Rules and Procedures, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Gametime will pay all filing, administration, and arbitrator fees associated with the arbitration – other than requiring you to submit $300 with the initial arbitration filing. Any request for payment of fees by Gametime should be submitted by mail to JAMS along with your Demand for Arbitration and Gametime will make arrangements to pay all necessary fees directly to JAMS. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Gametime will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive.
viii. Arbitrator’s Decision: The Arbitrator will render an award within the time frame specified in the applicable arbitration provider’s rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s). An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision. The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.
ix. Opt-Out: You can choose to reject this Agreement to Arbitrate (‘opt out’) by mailing us a written opt-out notice (‘Opt-Out Notice’). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept this User Agreement. You must mail the Opt-Out Notice to Gametime United, Inc. Attn: Legal Department, Re: Opt-Out Notice, 799 Market Street Suite 700 San Francisco, CA 94103. For your convenience, we are providing an Opt-Out Notice form [insert hyperlink to form] you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the Gametime account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement, including all other provisions of this Agreement, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
x. Severability and Survival: If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
7. Referral Credit Program
Gametime United may offer Users the ability to earn credits toward future purchases on the Service or on certain parts of the Service when they invite friends to become Users of the Service and those friends make a qualifying purchase within three (3) months of the invitation sent through an authorized Gametime United invitation channel (“Referral Credit”). You may only earn Referral Credit via a Gametime United’s authorized User invite mechanism (“Authorized Channel”), for example an invitation sent through Gametime United's mobile applications, website, Facebook or another social media channel supported by Gametime United. Referrals outside of Authorized Channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other Users, and expire six (6) months after issuance. You will only receive Referral Credit for the first qualifying purchase made by each friend who makes his or her first purchase on the Service as a result of an invite from you via an Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Gametime United will have no liability to you for your friend’s failure to follow directions.
You agree that having multiple buyer or seller Gametime United accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Gametime United's Referral Credit program system may, without limiting any other Gametime United rights or remedies, result in suspension or termination of your account(s) and all Referral Credits in your account(s). Gametime United reserves the right to void Referral Credits earned if we suspect that the Referral Credits were earned in a fraudulent manner, in a manner that violates this Agreement or in a manner otherwise not intended by Gametime United. You must not conduct your own promotion in connection with our Referral Credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Gametime United, including by using any trademarks of Gametime United.
Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees makes his or her qualifying purchase. Referral Credits earned via Gametime only be used on the Service and therefore have no value outside of the Service.
The Referral Credit program is void where prohibited by law. Gametime United reserves the right to modify or terminate the Referral Credit program at any time. Should there be any tax liability for the accumulation and/or use of Referral Credits such taxes are the sole responsibility of the User. You understand that your account may not accurately reflect the Referral Credits you have actually earned. Gametime United will have no liability for any errors displayed in your account.
8. Paid Services
A. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Gametime United may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We do not offer any recurring paid services, nor do we charge a recurring subscription fee for using the app. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. Final Sale
You are responsible for reading the complete listing before making a commitment to buy tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those tickets. Payment is remitted to Gametime United and disbursed to the seller according to our payment policy. All sales are final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete.
You may cancel your Gametime United account at any time; however, there are no refunds for cancellation. In the event that Gametime United suspends or terminates your account or this Agreement for your breach of this Agreement or for any reason, you understand and agree that you shall not receive a refund, exchange, or anything at all for any unused Gametime United Credits, any content or data associated with your account, or for anything else to the maximum extent permitted by applicable law.
Gametime is not responsible for location, performer, or time changes to an event. Performers are subject to change without notice. No refunds will be processed for changes to an event.
C. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you file a chargeback, upon a resolution in our favor, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including our actual costs paid to the card processor or our banks, other third parties, and the reasonable value of the time of our employees spent on the matter. In the event that a chargeback is placed on a transaction, we also reserve the right to report the incident for inclusion in the chargeback abuser databases.
D. Vendor and Supplier Payments
Unless otherwise agreed by the parties in writing and subject to the terms hereof, Gametime United shall remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service (e.g. PayPal), or as subsequently updated as permitted by the Service. Payments shall only be made in those months in which the amount due to you totals at least $25. Unpaid amounts due shall accrue until the next month in which the amount due is at least $25. Gametime United reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Additional Terms, or amounts due to any breach of the Terms by you, pending Gametime United’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. If you dispute any payment made hereunder, you must notify Gametime United in writing within thirty (30) days of the earlier of: (i) receipt of such payment; or (ii) when such payment would have been due to you hereunder. Failure to so notify Gametime United shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Gametime United. No other measurements or statistics of any kind shall be accepted by Gametime United or have any effect under these Additional Terms. We may withhold any taxes or other amounts from payments due to you as required by law. If we owe you accrued compensation that is less than $25 for at least sixty (60) days, then you may request that we send you payment of such accrued compensation. If the accrued compensation owed you remains outstanding for more than twelve (12) months, either because such amount is less than $25 or due to inaccurate or incomplete contact or payment information, we may remit any payment otherwise due to you as a contribution to a 501(c)(3) charitable nonprofit organization of our choice (or any charity agreed upon in writing by you and Gametime United). If we make such a contribution, our obligation to you shall be reduced by the amount of that contribution.
9. The Gametime Guarantee
The Gametime Guarantee protects you so you can buy last-minute on-demand mobile tickets with 100% confidence. If you have an issue with your order, please contact our Fan Happiness team at firstname.lastname@example.org, providing the name and email on your Gametime account.
A. You are protected
1. If tickets received are not the same or better than those you ordered:
a. If, prior to the event, the tickets you received are not the same or better than the ones you purchased in our app, give Gametime a call at 888.355.0132 right away. If Gametime determines that you did not receive tickets that are the same or better than the ones you purchased in our app, Gametime will either (in Gametime’s sole discretion): (i) provide you with replacement tickets that are comparable or better than the tickets you ordered; or (ii) Gametime will issue you the cost in credit of the tickets. In either case, Gametime may take on the burden of the tickets. If Gametime restocks the tickets, you will be liable for the scanning success of the tickets.
b. If you have attended the event and you believe your seats were different from how they were represented on the app, please give us a call at 888.355.0132 right away. Gametime, in its sole discretion, will either issue you a partial or full credit of the price you paid for the tickets towards a future purchase.
2. If tickets are invalid and not honored by the venue:
- a. If the tickets you ordered are invalid and not honored by the venue, call us at 888.355.0132 or email us email@example.com from the venue and Gametime will attempt to get you in the event. If Gametime cannot locate replacement tickets or get you in the event, upon confirmation that the tickets were invalid for entry directly by receiving a scanning report and recap of scanning experience emailed to firstname.lastname@example.org the team ticket office, Gametime will provide you with a refund for the cost of the tickets.
3. If the event is cancelled or postponed:
- a. If an event is cancelled and not rescheduled, we will provide you with a refund for the cost of the tickets. If the seller of the ticket has already been paid, your refund will be processed after we recover the payment from the seller of the ticket. Alternatively, we may offer you a credit at or higher than the full cost of the ticket. We will notify you that the event was cancelled by sending you an email with further instructions.
4. If an event is rescheduled:
- a. If an event is rescheduled, you may use the tickets on the rescheduled date. If PDFs are required for entry to the event on the rescheduled date, Gametime will email you the PDF version of your tickets. Gametime does not provide refunds for postponed or rescheduled events, partial performances, or venue, date, or time changes.
B. Gametime Guarantee Protection
Gametime will investigate all claims under the Gametime Guarantee and determine resolutions on a case-by-case basis. Gametime reserves the right to limit the dollar amount a customer may be awarded and the number of claims a customer can file in a calendar year. Gametime may temporarily or permanently suspend anyone who attempts to abuse the Gametime Guarantee and may report any such abuse to the appropriate legal authorities.
C. Terms and Conditions
This Gametime Guarantee is effective as of March 19, 2020 and applies to all orders placed on or after March 19, 2020. If we change this Guarantee, we will post a revised version of the Guarantee on the Site, which shall automatically replace the terms of this Guarantee. Your use of the Site and the Services following the effective date of the revised Gametime Guarantee will constitute your acceptance of the revised Guarantee. If you do not agree with the terms of the Gametime Guarantee or any revised version of this Guarantee, do not continue to use the App or Services.
D. Limited Refund Liability
Due to the large volume of ticket sellers listing tickets through the Gametime app, on very rare occasions, pricing errors do occur. Because Gametime acts as an intermediary between the original purchaser of the tickets and the end consumer of the tickets, Gametime shall not be liable for any pricing errors on the app. If any error is found while processing your order, you will be notified of your order and, if possible, a substitution will be made, or Gametime will issue a full refund.
If Gametime is unable to provide you with the tickets you ordered due to an error by a seller, and Gametime is unable to find comparable replacements, Gametime’s sole obligation shall be limited to providing you a full refund via the same method that the original payment was made (cash or Gametime credit.)
10. Selling Tickets on Gametime
A. Seller Agreement
By listing a ticket for sale, you are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the final sale price. You agree to allow Gametime to adjust the price of your tickets at any time in order to increase the odds that your tickets sell. You can remove any listing before the ticket(s) are sold.
It's up to you to make sure the tickets you list for sale on Gametime are valid, and do not break any venue safety protocols such as pod integrity. If you deliver incorrect, misrepresented, invalid, fraudulent or counterfeit tickets for any sale or portion of a sale you will be subject to a replacement fee, other charges, and/or account suspension. Selling stolen tickets or other stolen items on Gametime is against the rules and violates various laws.
Gametime United reserves the right to void a seller's payout when the ticket(s) sold were previously purchased on Gametime using Promo Code and/or Referral Code credit in a manner otherwise not intended by Gametime United.
B. Listing On Multiple Sites
If you choose to list your tickets on Gametime and on other sites and you end up selling your tickets somewhere else, unlist them from Gametime immediately. If your tickets have already sold on Gametime and have sold somewhere else, you are responsible for filling this order for the Buyer with comparable or better tickets. Contact us immediately at email@example.com.
C. No Guarantee
Gametime does not guarantee that your tickets or related passes will sell or that your listing will appear on the site within a certain time after it is posted. Gametime will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Service unavailability from an outage or maintenance or listing delays.
Gametime will pay you 48 hours after the event has occurred. If the Buyer reported any issues with the tickets, including the tickets being invalid or double sold, Gametime will investigate the situation and reserves the right to withhold your payout, suspend your account and/or remove any credit in your account. You will be held responsible for any additional costs to Gametime for finding replacement tickets, and we reserve the right to charge any of your stored payment methods for this cost.
E. Cancelled Events and Playoff Events
If you sold tickets to a cancelled event or a playoff game that's not played, we'll email you to let you know and you won't be paid for the sale.
F. Postponed Events
A 'postponed event' is an event where the time or date has changed because it was rescheduled by the team, venue, or artist. We evaluate postponed events on a case-by-case basis to determine the appropriate course of action. We may treat this as a cancelled event and return the tickets to you.
G. Paying taxes
We do not collect taxes on any transactions. However, as a seller, you are responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes in connection with ticket sales.
Gametime United uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect artist and content owner rights, it is Gametime United’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Gametime United’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Gametime United to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice Gametime United, Inc.
Address: 799 Market Street Suite 700 San Francisco, CA 94103
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Gametime United and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Gametime United’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Gametime United has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Gametime United may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Third-Party Links
You agree to defend, indemnify and hold harmless Gametime United and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
16. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GAMETIME UNITED, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMETIME UNITED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL GAMETIME UNITED BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMETIME UNITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GAMETIME UNITED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO GAMETIME UNITED HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GAMETIME UNITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Gametime United makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
18. COVID-19, Other Communicable Diseases and Emergencies
Users attending an event with a ticket purchased through the Service must comply with all requirements set by the venue and, if applicable, federal/state/regional/league/local authorities, related to COVID-19, other communicable diseases or emergencies, including but not limited to wearing masks, social distancing, and any testing or vaccination requirements. If a User is denied entry or ejected from a venue for failing to comply with any of the applicable rules or requirements of the venue or any other authority, you agree that Gametime United is not responsible in any manner including for refunding a User’s ticket price; and that Section 9 of the Terms, The Gametime Guarantee, does not apply to provide a refund because the event has not been cancelled.
Section 9 of the Terms applies to cancelled or rescheduled events for any reason including COVID-19, any other communicable disease, or federal/state/regional/league or local emergency.
By purchasing tickets through Gametime United and attending public events with multiple people in attendance, Users assume the risks, hazards, and dangers arising out of or relating to exposure to bacteria, viruses and other pathogens capable of causing communicable diseases and illnesses including COVID-19. By using the Service and attending public events, Users agree they understand the risk of exposure to communicable diseases including but not limited toCOVID-19 and any other type of emergency. Users understand that COVID-19 is highly contagious, can lead to severe illness and death, and Users can infect other people that come into physical contact with the User after the event if the User has been exposed and infected. Venues may or may not require mask-wearing and/or social distancing, which is not within Gametime United’s control, such that Users must educate themselves about the COVID-19 policies of the particular venue in deciding whether to purchase tickets using the Service and/or attend the event. In making such determinations and assessing such risks, Users waive any and all claims against Gametime United arising out of or related to these risks.
In the event that a venue changes its rules for COVID-19, any other communicable disease or emergency for the event after a User has purchased tickets through the Service, Gametime United in its sole discretion will investigate whether a refund is appropriate under its Gametime Guarantee. Users are encouraged to use the process to contact Gametime United under section 9 of these Terms.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gametime United without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
Gametime United may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Gametime United in our sole discretion. Gametime United reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Gametime United is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Gametime United may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Gametime United in connection with the Service, shall constitute the entire agreement between you and Gametime United concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Gametime United’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Government Use Rights
If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on February 7, 2023.
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.
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
- Form W-9
- Valid email address
- Proof of use of professional software automation for ticket reselling.
Once you are 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
Without limiting any term set forth herein, the sale of tickets for which the seller has neither possession of the actual ticket nor the contractual right to purchase a ticket that is materially consistent with the description of the ticket listed for sale on Gametime is prohibited.
The following information must be provided accurately and truthfully when listing tickets on Gametime:
- Name, venue, date and time of the event
- Section, row, and in-hand date
- Gametime may ask API Seller to provide proof of ownership for any listings.
- 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:
- Instant (E-Delivery): API Seller must upload the tickets to Gametime immediately.
- Electronic Delivery (E-Delivery): API Seller must upload the tickets to Gametime on or before the in-hand date.
- Mobile QR (E-Delivery): API Seller must upload Mobile QR PDFs to Gametime on or before the in-hand date. To designate a listing as Mobile QR, please include any of the following in your notes: “mobile”; “qr”; “mobileqr”.
- Mobile Transfer: API Seller must deliver tickets via mobile transfer to the transfer information provided by Gametime on or before the in-hand date. To designate a listing as mobile transfer, please include any of the following in your notes: “xfer”; “transfer”; “tmx.”
- Barcode Delivery: API Seller may deliver barcodes and seat numbers to Gametime on or before the in-hand date. Barcode delivery must be approved by Gametime before the option is available as a delivery method. Please reach out to email@example.com regarding barcode delivery approval.
- Flash Seats: API Seller must deliver tickets via mobile transfer to the transfer information provided by Gametime on or before the in-hand date. To designate a listing as mobile transfer, please include any of the following in your notes: “FLS”; “flash”; “flashseats”.
- Physical: API Seller must ship the tickets to the buyer within 24 hours of receiving the Fedex 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.
Sellers are prohibited from listing:
- Tickets not actually in the seller’s possession. This is “speculative listing” and is not permitted on Gametime. Any API Seller caught speculating listings will be banned from listing on our platform.
- Stolen tickets
- Non-consecutive seats
- Tickets without event access (ex: parking passes, party passes, club passes)
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 within 10 minutes of the order being placed.
- If the order involves instant download tickets, you must upload the tickets within 10 minutes of the order being placed.
- 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. Any orders placed prior to the day of an event and listed with an in-hand date on the day of the event must be filled 6 hours prior to event start time.
API Seller may not change the specified in-hand date after submission of an order without approval by Gametime. If tickets are not delivered by the in-hand date listed or the customer receives tickets that do not match the tickets listed for sale, Gametime reserves the right to cancel the sale, not pay seller for the transaction, and charge the API Seller a penalty up to 100% of the order total. If Gametime costs are in excess to the 100% penalty, Gametime reserves the right in its sole discretion to charge the API Seller the full amount of the replacement costs Gametime incurs.
If an order is placed on or after the in-hand date, the API seller has 12 hours after the time of the sale to fulfill the order. After that time, Gametime reserves the right to cancel the sale, not pay the seller for the transaction, and charge the API Seller a penalty up to 100% of the order total. If Gametime costs are in excess to the 100% penalty, 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).
Last Minute Orders
Day of Event Orders: Gametime strives to fulfill all day of event purchases as fast as possible for our buyers. If an order is placed on the same date as the event (PST), the API seller has 25% of the time between the time of the sale and the event start to fulfill the order. Example: order is placed at 12pm PST and event time is at 4pm PST, the order must be fulfilled by 1pm PST. After that time, Gametime reserves the right to cancel the sale, not pay seller for the transaction, and charge the API Seller a penalty up to 100% of the order total. If Gametime costs are in excess to the 100% penalty, 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).
Orders Placed After Event Start: If an order is placed after the event start time, API seller has 15 minutes after the sale time to fulfill the order. After that time, Gametime reserves the right to cancel the sale, not pay seller for the transaction, and charge the API Seller a penalty up to 100% of the order total. If Gametime costs are in excess to the 100% penalty, 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).
API Seller may offer replacements for an order if there is an issue with the original tickets listed. However, Gametime still reserves the right to cancel the sale, not pay seller for the transaction, and charge the API Seller a penalty up to 100% of the order total if the replacement offer is rejected by the buyer. Gametime customers are not obligated to accept any replacement offers other than the tickets originally listed by the seller. If Gametime costs are in excess to the 100% penalty, 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).
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 reserves the right to cancel the sale, not pay the seller for the transaction, and charge the API Seller a penalty up to 100% of the order total. If Gametime costs are in excess to the 100% penalty, 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).
Delivering Incorrect Tickets: If API Seller delivers incorrect tickets, you must deliver the correct tickets within 15 minutes 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 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. If a supplier is found violating these terms, Gametime will at its own discretion suspend or permanently ban the API Seller.
- 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).
- 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 at no additional cost.
Free Admission Events
- Gametime does not support the sale of free admission events/tickets. If an event is switched to free admission, the API Seller will not be paid for this event. If payment has previously been made for an event that is now free admission, Gametime has the right to automatically deduct 100% of the payout from any future payment(s).
API Seller Payment
Gametime is temporarily paying API Sellers once the event is confirmed to have happened. This went into effect with the 3/9/2020 - 3/15/2020 pay period. Gametime pays on a weekly cadence every Tuesday. Payments made on Tuesday include any orders for events that happened from the previous Monday through the previous Sunday. Gametime offers two methods for payment to supplier: ACH Direct Deposit or Paypal. Upon becoming an API Seller with Gametime, supplier must provide correct payment information. When payment is issued, API Seller will also receive a remittance via email to the email address provided.
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.
Gametime will at its own discretion suspend or revoke an API Seller for violation of any or part of this agreement.
- Description of Violations: Any of the following may constitute a violation of the Terms and Conditions. This is not intended to be a complete list, rather as an example of possible violations.
- 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 penalty from the API Seller. If Gametime costs are in excess to the 100% penalty, 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).
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. If Gametime costs are in excess to the 100% penalty, 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).
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.
Content Creator Terms of Service
Welcome to Gametime United, the mobile and web service of Gametime United, Inc. (“Gametime United,” “we,” or “us”). This page explains the terms by which you agree to allow the content created in partnership with you ("the Creator"), and our mobile applications, social channels, in connection with the Content Creator Terms of Service Agreement (collectively the “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.
- I give and grant to Gametime United Inc. (“Company”) and its agents, affiliates, licensees, sub-licensees, successors and assigns (collectively the “licensed parties”), the right to use, publish, and otherwise exploit my picture, portrait, image, likeness, name and all other indicia of my identity however depicted or recorded in all media and types of advertising, whether now known or hereafter developed, to advertise and promote Company’s products and services throughout the world, for a period specified in section above labeled “payment” commencing with the date of Company’s first such use publication or exploitation (“Term”), unless extended pursuant to the above terms
- I agree that all intellectual property rights associated with all photographs, videotape, film and recordings (including but not limited to digital recordings) or other reproductions of me used, taken or created by or at the direction of the licensed parties pursuant to the terms of this Agreement are owned by the content creator.
- I agree that no advertisement or other material depicting me need be submitted to me for approval, and the licensed parties shall be without liability to me for any illusionary effect or other adverse result resulting from the usage, publication or exploitation of my picture, portrait or likeness.
- I warrant and represent that this license (a) does not in any way conflict with any existing commitment on my part; (b) is not subject to any third-party approval; and (c) does not require any payment or other consideration to any third party.
- I hereby grant all consents in relation to rights in any performance and irrevocably and unconditionally waive any moral rights and/or other rights that I may have to inspect and/or approve the finished work or the advertising copy that may be used with the finished work. In the event of any claim by me against the licensed parties, I agree that my remedy will be limited to damages, if any, and I agree not to enjoin, rescind, or otherwise interfere with the use of my image by the licensed parties.
- Nothing herein will constitute any obligation on the licensed parties to make any use of the rights set forth herein.
- I warrant and represent that (a) I am at least eighteen (18) years old; and (b) I have the full right and legal capacity to sign this Agreement on my own behalf and without the consent of any other person. I certify that this Agreement constitutes the sole, complete, and exclusive agreement between the Company and myself regarding the topics covered by this Agreement and that I am not relying on any other oral or written representation.
- I agree to hold the Company and the licensed parties harmless from and against any liability based on any personal, property, residual, re-use or other right which I have or may have by virtue of any such use, publication, or exploitation of my picture, portrait, image, likeness, name and all other indicia of my identity, or any portion thereof. In addition, I release the Company and the licensed parties and hold the Company and the licensed parties harmless from and against any claim arising out of any acts or statements made in connection with such use, publication, or exploitation (including, but not limited to, defamation, invasion of privacy, and the like). I agree that the Company may assign this Agreement to another person or entity. This Agreement shall be binding upon me and my heirs, legal representatives, and assigns.
- This Agreement, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. This Agreement shall be governed by the laws of the state of California, without regard to choice of law principles, and the applicable federal laws and international treaties of the United States of America, including the Berne Convention or the Protection of Literary and Artistic Works (Paris 1971) to the extent applicable. The federal or state courts of the state of Illinois shall have exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this Agreement. If I am a resident of another country, I voluntarily waive any rights that I may have under the laws of that country for this Agreement to be written in the language of that country.
- Confidentiality. Influencer agrees to maintain in complete confidence the existence of this Agreement, the contents and terms of this Agreement, and the consideration for this Agreement (hereinafter collectively referred to as "Release Information"). Except as required by law, Influencer may disclose Release Information only to Influencer's immediate family members, the Court in any proceedings to enforce the terms of this Agreement, Influencer's legal counsel, and Influencer's accountant and any professional tax advisor to the extent that they need to know the Release Information in order to provide advice on tax treatment or to prepare tax returns, subject to such parties agreeing to maintain such information as confidential, and must prevent disclosure of any Release Information to all other third parties. Influencer agrees that Influencer will not publicize, directly or indirectly, any Release Information, or otherwise publicize any information with respect to Influencer's dispute with the Company.
- Non-Disparagement. Influencer agrees to refrain from any direct or indirect disparagement, defamation, libel, or slander of the Company, its services and products, or any of the Releasees, whether on social media or otherwise. Influencer acknowledges and agrees that this provision is "of the essence" of this Agreement, and that any violation of this provision shall be deemed a material breach of this Agreement.
Affiliate Offer Terms & Conditions
$100 in Gametime credit will expire 3/1/2024. Limited number of Gametime credit codes available.
See additional state specific terms and conditions below:
- Illinois: Visit BetMGM.com for Terms and Conditions. Must be 21+ years of age or older to wager. IL only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Gambling Problem? Call 1-800-GAMBLER (426-2537) or by texting ILGAMB to 53342.
- Tennessee: Visit BetMGM.com for Terms and Conditions. Must be 21+. Must be present in TN. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Gambling Problem? Call or Text the Tennessee REDLINE: 800-889-9789
- Iowa: Visit BetMGM.com for Terms and Conditions.21+ years of age or older to wager. IA only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Please Gamble Responsibly. Gambling Problem? Call 1-800-BETS OFF.
- Indiana: Visit BetMGM.com for Terms and Conditions. Must be 21+ years of age or older to wager. IN Only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. If you or someone you know has a gambling problem and wants help, call 1-800-9-WITH-IT.
- New Jersey: Visit BetMGM.com for Terms and Conditions. Must be 21+. NJ only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Gambling Problem? Call 1-800-GAMBLER.
- Colorado: Visit BetMGM.com for Terms and Conditions. Must be 21+ years of age or older to wager. CO only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Gambling Problem? Call 1-800-522-4700.
- Virginia: Visit BetMGM.com for Terms and Conditions. 21+. VA only. New Customer Offer (If applicable). All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Please Gamble Responsibly. Gambling Problem? Call 1-888-532-3500.
- Washington D.C.: Visit BetMGM.com for Terms and Conditions. 21 +. DC Only. New Customer Offer (If applicable). All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Please gamble responsibly. Gambling Problem? Call 1 800 522 4700.
- Michigan: Visit BetMGM.com for Terms and Conditions. Must be 21+. MI Only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Gambling Problem? Call 1-800-270-7117 for confidential help. Excludes Michigan Disassociated Persons.
- Pennsylvania: Visit BetMGM.com for Terms and Conditions. Must be 21+. PA Only. New Customer Offer (If applicable). All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. If you or someone you know has a Gambling Problem, help is available, Call 1-800-GAMBLER.
- Arizona: Visit BetMGM.com for Terms and Conditions. 21+ years of age or older to wager. AZ Only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Please gamble responsibly. Gambling Problem? Call 1-800-NEXT-STEP.
- Ohio: Visit BetMGM.com for Terms and Conditions. 21+ years of age or older to wager. OH Only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. Please gamble responsibly. Gambling Problem? Call 1-800-GAMBLER. In partnership with MGM Northfield Park.
- Boston: Visit BetMGM.com for Terms and Conditions. 21 years of age or older to wager. MA Only. New Customer Offer (If applicable). All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable bonus bets. Bonus bets expire 7 days from issuance. Please gamble responsibly. Gambling Problem? Call 1-800-327-5050 or visit In Partnership with MGM Springfield.
- Louisiana: Visit BetMGM.com for Terms and Conditions. Must be 21+ years of age or older to wager. LA Only. New Customer Offer. All promotions are subject to qualification and eligibility requirements. Rewards issued as non-withdrawable free bets or site credit. Free bets expire in 7 days from issuance. In Partnership with Boyd Gaming Sam’s Town Shreveport Casino.
Please gamble responsibly. Gambling Problem? Call 1-800-522-4700.