INTRODUCTION: HOW THIS AGREEMENT WORKS:
Welcome! Vivid Seats would like to introduce the easiest way to sell tickets online.
Vivid Seats is a secondary ticket marketplace that connects ticket sellers with buyers (hereinafter the "Vivid Seats Marketplace").
To sell on the Vivid Seats Marketplace, you must be a registered seller ("Seller"). Upon registering as a Seller, you expressly represent that you are over the age of 18 and legally able to enter into a binding contract. You also agree to abide and be bound by the terms, conditions, rules, and procedures set forth in these Terms and Conditions and represent that you will comply with all applicable laws, regulations and ordinances, including those related to ticket reselling.
Vivid Seats reserves the right, in its sole discretion, to change these Terms and Conditions at any time and will post such changes here. All changes shall automatically replace prior terms and conditions and become binding on all Sellers. Maintaining your status as a Seller following any such change constitutes acceptance of the revised Terms and Conditions.
REGISTERING AS A SELLER
To become a Seller, you must create a password protected account that must remain current at all times and include the following information:
- Business name, legal address, and phone number
- Primary contact name and phone number
- Valid email address
- Valid credit or debit card (verified by the issuer)
- Valid Paypal account
Upon registration, you may post tickets for sale on the Vivid Seats Marketplace!
By listing your ticket(s), you represent and warrant that each ticket is:
- Valid and authentic, and currently owned by you.
- In your possession, or available to you at a known date.
- Available for sale and has not been sold on another marketplace.
- Not in the name of a student or a person under 18 years of age.
- Usable by the general public and not restricted to students, children, the disabled, people of certain nationality, citizenship, gender or team preference.
- A ticket and not a hotel room, travel package, artist "meet and greet" experience, or any non-ticketed events unless authorized by Vivid Seats.
Follow these four (4) steps to list your valid and authentic tickets on the Vivid Seats Marketplace.
- Provide ticket information: You must specify the following information for each listing, based on what is printed on the ticket(s).
- Name, date, and venue of the event
- Section, row and seat number
- All tickets in a single listing must be for the same event, same date, and adjacent or "piggyback" seats, meaning directly behind one another in two (2) consecutive rows with the same number of seats and, if the tickets are for piggyback seats, this must be noted in the listing.
- Any and all qualifying and restricting information regarding the seats, such as limited or obstructed view, wheelchair access, access to restricted areas, or other included restrictions or amenities. You may not provide personal commentary about the reason you are selling your tickets, the quality of the tickets or your perception of the view and experience.
- Set a Price: You also must set a price, and maintain it for as long as the ticket is for sale. This price must be definitive and truly represent the amount for which you will sell the ticket to the buyer. You are responsible for all listing and pricing mistakes.
- Confirm Ticket Possession: You must confirm that you have physical possession of the listed tickets or you must specify when you anticipate having physical possession. You may not list or sell tickets before you own them. This is called speculative selling and it is not permitted.
- Designate Ticket Delivery: You must designate a delivery date and method, which may include instant download, email, or shipping (FedEx).
- For orders placed more than two (2) weeks before the event, delivery date must be at least two (2) weeks before the event. Delivery date may be adjusted up until the ticket is sold.
- If no delivery method is selected, Vivid Seats shall designate the tickets for Fedex delivery.
Once you provide the information above – ticket details, price, possession, and delivery – you may list your ticket(s) on the Vivid Seats Marketplace.
Vivid Seats may authorize the credit card you provided during registration at any time, in its sole discretion. Vivid Seats will authorize the credit card when you list your tickets and when you make any changes to your listing, such as changes to price or quantity. From time to time, Vivid Seats will remind you that your tickets are listed and ask that you confirm that they are still available, in your possession, valid and that you wish to continue to list them on our marketplace. Vivid Seats will authorize your credit card each time you confirm your listing in response to our request.
Listed tickets can be viewed by buyers at www.vividseats.com. If a buyer selects your ticket listing to order, you will receive notification of an order request via email to your registered email address. Upon receipt of an order, you must confirm or reject the order immediately, and in the case of instant download tickets upload the tickets upon confirmation, and may not modify or cancel the ticket listing, or otherwise attempt to stop the sale. Vivid Seats may cancel an order at any time prior to receipt of a Seller's confirmation.
If your tickets have already sold on another marketplace when an order request is received, you must promptly reject the order. Vivid Seats may demand proof of prior sale to verify that the tickets actually sold elsewhere prior to Vivid Seats submitting a request for purchase. Failure to provide sufficient proof of sale, as determined solely by Vivid Seats, is a violation of these Terms and Conditions and may result in the penalties described below.
A Seller must provide the buyer with the exact ticket(s) listed for sale, on or before the delivery date, and by the delivery method, contained in the listing. A Seller must deliver tickets within one (1) business day of having possession of the tickets and may not change the specified delivery date after an order is placed.
- Electronic Delivery: Seller must upload the tickets to Vivid Seats to be made available to buyers to download.
- FedEx Delivery: Seller may access their account after the order is confirmed and generate the FedEx shipping label. Seller will print the label and ship the tickets to the buyer within 24 hours of generating it and prior to the specified delivery date. If the specified delivery date has passed, the Seller must ship the tickets within one (1) business day.
Change in Delivery Method: If an order is confirmed and cannot be delivered by the original method specified or if no method was specified, Seller must provide an alternate delivery method that ensures timely delivery and is acceptable to Vivid Seats and the buyer. If an agreement to the alternate method cannot be reached with the buyer, Vivid Seats may cancel the order and charge Seller with all associated costs incurred to resolve the issue to the buyer's satisfaction. Such failure to deliver tickets per the originally designated delivery method may be a violation of these Terms and Conditions and may subject the Seller to the penalties described below.
Delivering Incorrect Tickets: If a Seller uploads or delivers incorrect tickets, the Seller must upload or deliver the correct tickets immediately upon knowledge of the error. The Seller may not wait for the return of the incorrect tickets prior to delivering the correct tickets. If FedEx is the delivery method, the Seller must contact Vivid Seats to obtain a duplicate shipping label. Vivid Seats will make a good faith effort to retrieve the incorrect tickets from buyers and forward them to Seller but assumes no liability and makes no guarantee that such tickets will be returned.
Limited Use of Buyer Information: Seller may learn of certain information about buyer in connection with facilitating delivery of tickets. Seller agrees to use such information for the sole purpose of shipping or delivering the specific purchased product and for no other purpose, including contacting the buyer directly. All communication with the buyer must go through Vivid Seats. Seller is prohibited from placing any personal information of any kind (including, but not limited to, phone numbers, addresses, emails and all other contact information) in Seller's comment area or in any way in a transaction with a buyer, except as required to coordinate delivery of tickets in a manner approved by Vivid Seats. Seller shall not send any type of advertisement, promotional information, solicitation or marketing material to any buyer at any time, including in the FedEx envelope with the tickets.
PAYMENT FOR TICKET SALES
Sellers typically receive payments issued to their registered Paypal accounts not more than fourteen (14) business days after delivery to buyer, regardless of method of delivery, unless otherwise agreed to by Vivid Seats. For events that are more than 100 days from the date of the sale, Sellers receive payment approximately 90 days from the date of the event. Seller's proceeds are calculated based on the amount of the listing price set by Seller minus any fees charged by Vivid Seats, which can be set and adjusted at any time and for any reason by Vivid Seats.
POSTPONEMENTS, CANCELLATIONS, AND RESTRICTED EVENTS
- Postponed Events: Seller listings for postponed events remain available for sale subject to the updated date and time as long as the original tickets remain valid for entry. Previously sold listings for postponed events remain sold and Seller is obligated to deliver previously confirmed orders.
- Seller is responsible for ensuring that all tickets listed and/or sold for postponed events, whether or not they have already been delivered, remain valid for entry.
- If a postponed event has not been rescheduled for more than 30 days, Vivid Seats may, in its sole discretion, deem the event cancelled and cancel orders as described below.
- If an event is relocated to a new venue, Vivid Seats may, in its sole discretion deem the event cancelled and cancel orders as described below. This provision applies when there is a postponement or a change of venue where the event will still occur on the original date.
- Cancelled Events: Sellers will not be paid for tickets sold if an event is cancelled by the venue, artist, or primary box office, or if it is deemed cancelled by Vivid Seats as described above. If payment has already been made, Seller is responsible to repay Vivid Seats the full amount of the ticket(s) sold for the cancelled event. Vivid Seats is authorized to charge Seller's registered credit or debit card, offset funds owed from future payments, or otherwise initiate recovery efforts to ensure repayment of the full amount of the ticket price.
- Upon return of funds, Vivid Seats will make a good faith effort to retrieve tickets from buyers to forward them to Seller, if requested to do so at the time of cancellation, but assumes no liability and makes no guarantee that such tickets will be returned.
- Restricted Events: Some events are restricted by Vivid Seats to Large Resellers, in its sole discretion. If a Seller that is not a Large Reseller attempts to sell tickets to a "restricted event", the Seller will either be prevented from doing so during the listing process or after entering the ticket information, the ticket(s) will not appear on the Vivid Seats Marketplace.
Vivid Seats, in its sole discretion, may designate certain approved Sellers as "Large Resellers". If approved as a Large Reseller, some of the Terms and Conditions contained herein may be waived and other additional requirements may be imposed. Unless otherwise stated in a particular Large Resellers' agreement, all terms, conditions, rules, and procedures set forth herein apply to a Large Reseller.
- Abusive Behavior: Seller agrees not to use abusive language or behave in an abusive manner to any Vivid Seats employee or customer.
- Unlawful Activity: Sellers may not use the Vivid Seats Marketplace for unlawful activity, including but not limited to using information provided through the Vivid Seats Marketplace for unauthorized purposes, providing false personal information to Vivid Seats, or supplying invalid or unauthorized credit or debit card information.
- Stolen Property: The sale of stolen property is strictly forbidden and violates local, state and federal law. Vivid Seats reserves the right to assist in the prosecution of persons who knowingly attempt to sell or take property without authorization in connection with the Vivid Seats Marketplace.
- Obscene Materials: Sellers agree not to list, directly or indirectly, sell or buy any adult, obscene or pornographic materials through the Vivid Seats Marketplace.
- Speculative Selling: Seller agrees not to engage in speculative selling on the Vivid Seats Marketplace.
VIOLATIONS OF TERMS AND CONDITIONS, PENALTIES, AND RECOVERIES
Vivid Seats is committed to a safe and secure customer experience where every buyer receives the exact, valid and authentic ticket in time to attend an event. Vivid Seats requires Sellers to also hold true to that same commitment and may investigate and/or impose penalties on a Seller at any time based on any suspected or confirmed violation of these Terms and Conditions or any concern whatsoever, in Vivid Seats sole discretion, regarding a Seller's ability to satisfy any of its obligations and/or deliver tickets for confirmed orders.
- Violations of Terms and Conditions: Any of the following may constitute a violation of the Terms and Conditions. This list is not exhaustive of the potential violations of the Terms and Conditions:
- Failure to timely confirm an order.
- Rejection of an order.
- Failure to provide proof of sale.
- Failure to immediately remove tickets from the Vivid Seats Marketplace when they have previously sold on another marketplace.
- Attempts to change price post-sale.
- Failure to accurately include an exact seat location or other ticket attributes.
- Failure to deliver tickets to a buyer.
- Failure to deliver the exact ticket posted for sale.
- Delivery of an invalid, counterfeit or fraudulent ticket.
- Attempts to change delivery method.
- Improper use of buyer information.
- Failure to have possession of a ticket.
- Failure to prove purchase or ownership of a particular ticket.
- Unapproved "Zone Seating" or other speculative selling.
- Attempts to sell non-ticketed items such as hotel lodging or customer packages.
- Failure to timely deliver a ticket.
- Failure to return funds advanced to Seller if an event is cancelled.
- Failure to send corrected tickets upon knowledge that incorrect tickets were delivered.
- Failure to cooperate with Vivid Seats in any way.
- Failure to treat buyers and Vivid Seats employees in a professional manner.
- Suspected illegal, unlawful or fraudulent activity.
- Noncompliance with any applicable law, regulation, or ordinance.
- Proof of Purchase: At any time, Vivid Seats may request proof of purchase for any active listing or confirmed order, regardless of the event or delivery date. If Seller refuses to or is unable to provide sufficient proof of purchase of valid and authentic tickets within the time allowed by Vivid Seats, in Vivid Seats' sole discretion, the Seller will be deemed in violation of these Terms and Conditions and subject to the penalties described below.
- Denial of Admission: If a buyer claims to have been denied entry to an event, Vivid Seats will investigate the matter. Such investigation may require Seller to provide proof of purchase and authenticity of the tickets as well as proof of entry at the venue at the time and date of the event. If Vivid Seats determines, in its sole discretion, that the buyer's claim may be justified, the Seller will be deemed in violation of the Terms and Conditions and subject to the penalties described below.
- Penalties: Vivid Seats is not required to investigate prior to taking action to ensure that a buyer receives the exact, valid and authentic ticket purchased, in time to attend an event. Vivid Seats has the right to remove any or all listings and/or cancel any or all confirmed order prior to delivery, for any reason and at its sole discretion, and to recover all funds paid to 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. Vivid Seats may also levy a discretionary fine, in any amount, against Sellers that violate these Terms and Conditions. In addition to financial remedies, Vivid Seats may also restrict Seller listings in any way, deny access to the Vivid Seats Marketplace, suspend or terminate a Seller account, and cancel pending transactions or payments.
- Recovery of Amounts Due and Liquidated Damages: Upon the imposition of a limit or restriction on a Seller's listings or the cancellation of a confirmed order, Vivid Seats may be owed money from the Seller. In order to ensure payment for expenses incurred as a result of a Seller's violation of the Terms and Conditions, and as a commercially reasonably liquidated penalty, Vivid Seats is authorized by Seller to charge the credit or debit card or Paypal account provided at registration or withdraw from any financial institution attached to any of a Seller's Vivid Seats accounts, a minimum amount equal to two hundred percent (200%) of the listing price for any tickets that are not delivered, or may not be delivered, in Vivid Seats sole discretion. In addition, Vivid Seats reserves the right to take any action, or combination of actions, to recover funds expended in connection with an effort to resolve a customer issue arising out of a violation of these Terms and Conditions, without prior notice, in its sole discretion, including, but not limited to:
- Withholding, indefinitely, payment for any pending transactions;
- Using legal process and/or collections agencies to pursue recovery of any and all damages incurred by Vivid Seats;
- Cooperating with or reporting a Seller to relevant law enforcement authorities and other relevant third parties; and
- Availing itself of all other applicable legal and equitable remedies, including civil, criminal or injunctive redress, or other equitable relief.
- Injunctive Relief: Seller agrees that any violation of these Terms and Conditions would cause irreparable injury to Vivid Seats, including damage and harm to Vivid Seats in the form of, among other things, impaired goodwill, lost sales and increased expenses. Seller further agrees that monetary damages for such injuries are difficult to ascertain and therefore may not provide a sufficient remedy to Vivid Seats. Seller therefore agrees that Vivid Seats will be entitled to injunctive or other equitable relief for such violations.
- Joint and Several Liability: Notwithstanding Vivid Seats' exercise of any of the above remedies, a Seller's liability for breach of this Agreement is joint and several with any company that is affiliated with, or wholly-owned by, Seller, including but not limited to attorneys' fees and costs associated with enforcing the Vivid Seats penalties.
WHAT A REGISTERED SELLER WARRANTS:
For each ticket a Seller lists, Seller warrants that the provided description of the ticket accurately and completely details and describes the ticket offered for sale. Seller further represents and warrants that in its dealings with Vivid Seats, Seller does not: (i) provide any false, inaccurate, misleading, obscene or defamatory information; (ii) participate, to the best of Seller's knowledge and information, in the sale of counterfeit or stolen items; (iii) violate any law, ordinance or regulation, including but not limited to, those related to reselling tickets; (iv) infringe any trademark, copyright, privacy right or other right; (v) utilize or transmit any virus or program that is intended to damage, interfere with, intercept or expropriate any system, data or information; (vi) interfere with the site or damage Vivid Seats; (vii) collect or store any information about any other Seller or buyer other than in the course of the permitted use of the site; (viii) modify, intercept, interfere, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, damage or otherwise disassemble any portion of the site or any software used thereon or for the services provided by Vivid Seats; or (ix) assist any third party in doing any of the foregoing.
ADDITIONAL TERMS AND CONDITIONS
- Collection of Taxes: Seller expressly understands and agrees that Vivid Seats is not responsible in any way for the collection or payment of any taxes related to a sale and is in no way responsible for the accuracy or suitability of any payment of taxes to any entity on Seller's behalf. Seller authorizes Vivid Seats to provide information to any government agency or body regarding any payments Seller receives in relation to any transaction through Vivid Seats.
- Ownership: This site, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("Vivid Seats' Property") is owned by Vivid Seats and will remain the property of Vivid Seats. Seller acknowledges that it does not acquire any ownership rights by registering as a Seller and/or using the site. Seller may not use Vivid Seats' Property in connection with any product or service that is not offered by Vivid Seats, in any manner that is likely to cause confusion with customers, or in any manner that disparages Vivid Seats. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use Vivid Seats' Property without the express written permission of Vivid Seats.
- Grant of License: Seller grants Vivid Seats a perpetual, non-exclusive, irrevocable, transferable worldwide right, royalty-free, to reproduce, publish and display on its site any content provided to Vivid Seats in connection with Seller's use of the site.
- Compliance with Laws: The sale or purchase of tickets on the secondary market is regulated by certain countries, states, counties and cities. Seller acknowledges that complying with laws in its jurisdiction is its responsibility and agrees to hold Vivid Seats harmless for any failure to comply with any law or Vivid Seats' failure to notify Seller of, or properly apply, any law.
- Indemnification: Seller agrees to indemnify, defend and hold Vivid Seats, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, officers, consultants, agents and other representatives ("Indemnified Parties"), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (i) Seller's breach of these terms and conditions; (ii) any allegation that any information Seller submits or transmits to the site infringe or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iii) any federal, state, municipality, county, city or other tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of Vivid Seats; and/or (iv) Seller's activities in connection with the listing of and sale of tickets on this site.
- NO WARRANTY: VIVID SEATS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE VIVID SEATS MARKETPLACE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE VIVID SEATS MARKETPLACE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM THE COURSE OF DEALING OR USAGE OF TRADE. VIVID SEATS DOES NOT WARRANT THAT SELLER'S USE OF THE VIVID SEATS MARKETPLACE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VIVID SEATS MARKETPLACE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER ASSUMES ALL RESPONSIBILITY AND RISK FOR ITS USE OF THE VIVID SEATS MARKETPLACE AND ANY RELIANCE THEREON. VIVID SEATS IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON SELLER'S BEHALF. USE OF THE VIVID SEATS MARKETPLACE AND ANY MATERIALS PROVIDED THROUGH THE VIVID SEATS MARKETPLACE IS ENTIRELY AT SELLER'S OWN RISK. SELLER SHOULD USE ITS BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATION OF LIABILITY: NEITHER VIVID SEATS NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO SELLER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS). UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE VIVID SEATS MARKETPLACE, THE MATERIALS ON THE VIVID SEATS MARKETPLACE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE VIVID SEATS MARKETPLACE. WITHOUT LIMITING THE FOREGOING, SELLER EXPRESSLY ACKNOWLEDGES AND AGREES THAT VIVID SEATS AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE VIVID SEATS MARKETPLACE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM SELLER'S ACCESS TO AND USE OF THE VIVID SEATS MARKETPLACE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VIVID SEATS; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VIVID SEATS MARKETPLACE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE VIVID SEATS MARKETPLACE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE VIVID SEATS MARKETPLACE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. SELLER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VIVID SEATS MARKETPLACE IS TO STOP USING THE VIVID SEATS MARKETPLACE. THE MAXIMUM LIABILITY OF VIVID SEATS, AND ANY OTHER INDEMNIFIED PARTY, AND SELLER'S SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE VIVID SEATS MARKETPLACE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO EVERY INDIVIDUAL.
- Allocation of Risk: Seller acknowledges and agrees that the foregoing disclaimers with regard to warranty and limitations of liability represent bargained for allocations of risk, and that the pricing and other Terms and Conditions of this agreement reflect such allocation of risk.
ARBITRATION AND DISPUTE RESOLUTION:
Any dispute, controversy or claim arising out of or relating to: (i) these Terms and Conditions; (ii) the use of or access to this site or the Vivid Seats Marketplace; (iii) Vivid Seats' services; or (iv) any tickets or other items sold or purchased through this site or the Vivid Seats Marketplace shall be resolved exclusively through final and binding arbitration rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms and Conditions including, but not limited to, any claim that all or any part of this agreement or the Terms and Conditions is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, as modified by this agreement. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA's website. In addition to filing this form with the AAA, in accordance with its rules and procedures, you must send a copy of the completed from to Vivid Seats at the following address to initiate arbitration proceedings: Vivid Seats, Ltd., 344 North Ogden Avenue, 4th Floor, Chicago, Illinois 60607.
The arbitration shall be held in Cook County, Illinois or at another mutually agreed upon location. If the value of the relief sought is $10,000.00 or less, Seller or Vivid Seats may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Seller and Vivid Seats subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by Seller or Vivid Seats, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement. If the value of the relief sought is $10,000.00 or less, at Seller's request, Vivid Seats will pay all filing and arbitrator fees associated with the arbitration. Any request for payment of fees by Vivid Seats should be submitted by mail to the AAA along with the Demand for Arbitration and Vivid Seats will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim Seller asserted in the arbitration to be frivolous, Seller agrees to reimburse Vivid Seats for all fees associated with the arbitration paid by Vivid Seats.
IF SELLER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, SELLER MUST NOTIFY VIVID SEATS IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT SELLER FIRST ACCESSES THIS SITE. SELLER'S WRITTEN NOTIFICATION MUST INCLUDE SELLER'S NAME, ADDRESS AND THE EMAIL ADDRESS USED TO REGISTER WITH VIVID SEATS AS WELL AS A CLEAR STATEMENT THAT SELLER DOES NOT WISH TO RESOLVE DISPUTES WITH VIVID SEATS THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO: VIVID SEATS, LTD., 344 NORTH OGDEN AVENUE, 4TH FLOOR, CHICAGO, ILLINOIS 60607.
SELLER AND VIVID SEATS AGREE THAT ANY ARBITRATION OR TRIAL BY A JUDGE OF ANY CLAIM WILL TAKE PLACE ON AN INDIVIDUAL BASIS WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. REGARDLESS OF ANYTHING ELSE IN THIS AGREEMENT, THE VALIDITY AND EFFECT OF THE WAIVER MAY BE DETERMINED ONLY BY A COURT AND NOT BY AN ARBITRATOR.Â SELLER AND VIVID SEATS ACKNOWLEDGE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER VIVID SEATS SELLERS OR USERS.
To the extent any court has jurisdiction over any dispute, controversy or claim arising out of or related to Seller's use of this site or the Vivid Seats Marketplace, Vivid Seats' services, these Terms and Conditions or otherwise, any such dispute, controversy or claim shall be resolved in, and shall be subject to, the exclusive jurisdiction of the state and federal courts in and for Chicago, Illinois. Seller consents to the exclusive personal jurisdiction and venue of the state and federal courts in and for Chicago, Illinois.
MODIFICATION OF TERMS AND CONDITIONS
If Vivid Seats changes these Terms and Conditions, it shall post a revised version at www.vividseats.com, which automatically replaces the prior version of the Terms and Conditions. Seller's continued registration status as a Seller, even without any additional use of the Vivid Seats Marketplace, or continued use of the site, following Vivid Seats' posting of revised Terms and Conditions, will constitute acceptance of the revised Terms and Conditions. If you do not agree with the revisions, do not continue to access and use the site, as a Seller or otherwise.
No agency, partnership, joint venture or other relationship is intended or created by Seller's use of the site or by these Terms and Conditions. Vivid Seats 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 any provision of these Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be effected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
If Vivid Seats 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.