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Effective Date: January 12, 2022
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 Seller Terms and Conditions (āTerms and Conditionsā) and represent that you have read and will comply with all applicable laws, regulations and ordinances.
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:
Upon registration, you may post tickets for sale on the Vivid Seats Marketplace!
Listing Tickets
By listing your ticket(s), you represent and warrant that each ticket is:
Follow these four (4) steps to list your valid and authentic tickets on the Vivid Seats Marketplace.
Once you provide the information above ā ticket details, price, possession, and delivery ā you may list your ticket(s) on the Vivid Seats Marketplace. Vivid Seats does not guarantee that the ticket(s) you are listing for sale will be listed on the site within a certain time frame. It is your responsibility to ensure that your listing is on the site and displayed as you intended.
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.
Selling Tickets
Listed tickets can be viewed by buyers atĀ 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.
Vivid Seats does not guarantee that your ticket(s) will sell and will not offer any compensation to you if they do not, regardless of the reason the ticket(s) did not sell.
Delivering Tickets
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 per the following schedule and may not change the specified delivery date after an order is placed.
To the extent Vivid Seats offers integration for a particular team, event, or venue, alternative delivery methods may be accepted. If you have questions about whether a specific delivery method is acceptable, please contact Vivid Seats for additional information.
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 UPS 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 UPS envelope with the tickets.
Payment for Ticket Sales
Sellers typically receive payments issued to their registered Paypal accounts not more than seven (7) business days after the event, regardless of method of delivery, unless otherwise agreed to by Vivid Seats. 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
Large Resellers
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.
Zone Sales
Vivid Seats, in its sole discretion, may designate certain approved Sellers as authorized participants in its Zone Sales Program ("Zone Sellers"). If approved as a Zone Seller, you will be required to enter into our Zone Sales Agreement and some of the Terms and Conditions contained herein may be waived and other additional requirements may be imposed through that agreement. Unless otherwise stated in the Zone Sales Agreement, all terms, conditions, rules, and procedures set forth herein apply to each Zone Seller.
Prohibited Conduct
Violation 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.
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 and Section 25.24 of the amended New York Arts and Cultural Affairs Law and other similar laws; (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
Arbitration and Dispute Resolution:
You and Vivid Seats each agree that, except as provided in the Exceptions provision below, any and all disputes, controversies, or claims arising out of or relating in any way to: (i) these Terms and Conditions; (ii) your use of, or access to, the site; (iii) Vivid Seatsā services; (iv) any tickets or other items sold or purchased through the site; or (iv) any marketing, advertising, statements, or representations regarding or related in any way to these Terms and Conditions, the site (including access to and use thereof), Vivid Seatsā services, and any tickets or other items sold or purchased through the site shall be fully, finally, and exclusively resolved through final and binding arbitration rather than in court. Ā You and Vivid Seats each waive any right to a jury trial as well as any right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding, as set forth below.
Exceptions: Notwithstanding the remainder of this Arbitration and Dispute Resolution section, You and Vivid Seats agree that the following types of disputes will be resolved in court, unless both You and Vivid Seats agree to submit the dispute to arbitration pursuant to this Arbitration and Dispute Resolution section:Ā
Ā (1) Disputes or claims within the jurisdiction of a small claims court; or
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief).
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the Class Action Waiver provision below does not prevent You from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and Vivid Seats also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, You and Vivid Seats will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution section.Ā The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise).Ā Once the arbitration of the dispute or claim for non-injunctive relief has concluded, You and/or Vivid Seats may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.Ā Ā
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Cook County, Illinois, and You and Vivid Seats each consent to the jurisdiction of those courts for such purposes.Ā Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and Vivid Seats agree that the dispute is subject to the Class Action Waiver provision set forth below.
Delegation: 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 formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or 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 to arbitrate or these Terms and Conditions are void or voidable.Ā If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration, the waiver of class or representative proceedings, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that dispute.
Governing Law: The Federal Arbitration Act (āFAAā) governs this agreement to arbitrate in all respects.Ā This means that the FAA governs, among other things, the interpretation and enforcement of the partiesā arbitration agreement and all of its provisions, including, without limitation, the Class Action Waiver.Ā State arbitration laws do not govern in any respect.Ā Further, you and Vivid Seats each agree that the Terms and Conditions evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.Ā To the extent state law applies, the partiesā arbitration agreement and the partiesā Class Action Waiver shall be governed by Illinois law, subject to conflict of law principles.Ā Ā Ā
Informal Initial Dispute Mechanism: If either you or Vivid Seats intends to bring a claim against the other, that party must first send to the other, by certified mail, a completed Intent to Arbitrate Notice ("Intent Notice"). The Intent Notice to Vivid Seats should be sent to Vivid Seats, LLC, Attention: Legal Department, 111 North Canal Street, Suite 800, Ā Chicago, IL 60606. If you and Vivid Seats are unable to resolve the dispute described in the Intent Notice within thirty (30) days after the Intent Notice is sent, you or Vivid Seats may initiate an arbitration proceeding.
Initiating Arbitration Proceedings; Rules, Venue, and Jurisdiction: The arbitration will be administered by the American Arbitration Association (āAAAā).Ā Unless the AAA determines that the dispute concerns a consumer transaction, in which case the AAAās Consumer Arbitration Rules shall apply, the arbitration will be administered in accordance with the AAAās Commercial Arbitration Rules, as modified by this agreement to arbitrate. Exclusive jurisdiction for an arbitration hearing required under the AAA Commercial Arbitration Rules, if any, shall be in Chicago, Illinois. The AAAās rules are available at www.adr.org. A form for initiating arbitration proceedings, Demand for Arbitration, is available on the AAA website. In addition to filing the Demand for Arbitration with the AAA, in accordance with its rules and procedures, you must send a copy of the completed form to Vivid Seats at the following address: Vivid Seats LLC, Attention: Legal Department, 111 N. Canal Street, Suite 800, Ā Chicago, IL 60606.Ā The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, subject to conflict of law principles. The arbitratorās award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
In the event that the AAA is unable to conduct the arbitration for any reason, you and Vivid Seats will mutually select an alternative arbitration provider, and the arbitration will be conducted pursuant to that providerās applicable rules.
If the agreement to arbitrate is held unenforceable or invalid for any reason, any litigation against Vivid Seats (except for small claims court actions, as discussed above) may be commenced only in a federal or state court located within Cook County, Illinois, and you and we each consent to the jurisdiction of those courts for such purposes.
Selection of Arbitrator: The parties agree that there will be one arbitrator and that the process for appointing an arbitrator will be the following manner: The AAA shall send simultaneously to each party to the dispute an identical list of 10 names of persons chosen from the National Roster (unless the AAA decides that a different number is appropriate).Ā For a dispute or claim relating to the intellectual property of you, Vivid Seats, or any of Vivid Seatsā corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the list from the National Roster shall be limited to individuals who either previously served as a federal judge or is an attorney who has specialized in intellectual property law for at least ten (10) years.
The parties will confer to attempt to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. If the parties are unable to agree upon an arbitrator, each party to the dispute shall have 14 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA. The parties are not required to exchange selection lists. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists, except that for the appointment of an arbitrator for a dispute or claim relating to the intellectual property of you, Vivid Seats, or any of Vivid Seatsā corporate family members (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents), the individual appointed shall either previously have served as a federal judge or be an attorney who has specialized in intellectual property law for at least ten (10) years.
Arbitration Fees and Costs; Attorneysā Fees and Expenses: Payment of all filing, administration, and arbitrator fees will be governed by the AAAās rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Vivid Seats will pay all filing, administrative 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.
Each party is responsible for his, her, or its own attorneysā fees and expenses, and Vivid Seats will not pay your attorneysā fees or expenses except to the extent ordered to do so by the arbitrator.Ā If you prevail in arbitration, however, you will be entitled to an award of reasonable attorneysā fees and expenses to the extent allowed for under applicable law and ordered by the arbitrator.Ā In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse Vivid Seats for all fees associated with the arbitration paid by Vivid Seats that you otherwise would have been obligated to pay under the AAA rules.Ā If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, Vivid Seats will reimburse any filing fees that you paid and were not otherwise reimbursed.
Opting Out: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate and/or the Class Action Waiver, you must notify Vivid Seats in writing within thirty (30) days of the date that you first access the site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Vivid Seats through arbitration. Written notification should be mailed by certified mail to: Vivid Seats, LLC, Attention: Legal Department, 111 North Canal Street, Suite 800, Ā Chicago, IL 60606. If you do not opt out within thirty (30) days, then you accept all terms and conditions of the arbitration and dispute resolution procedures described above.
Class Action Waiver: To the fullest extent permitted by applicable law, you and Vivid Seats each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTYāS INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (āClass Actionā). You and Vivid Seats AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and Vivid Seats EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM.Ā If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and Vivid Seats agree that THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSONāS CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, You can seek public injunctive relief to the extent authorized by law, warranted by an individual claim(s), and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIESā AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION.Ā
Confidentiality: Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to itāincluding but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration awardāwill be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
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 these existing Terms and Conditions and become effective immediately. 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, constitutes 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.
Miscellaneous Provisions:
Vivid Seats shall not be deemed in default or otherwise liable under these Terms and Conditions due to its inability to perform its obligations by reason of any act of God, fire, earthquake, blizzard, flood, epidemic, pandemic, danger to public health or safety, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by Vivid Seatsā default hereunder), failure or delay of any transportation, power, or communications system or any other similar cause not under Vivid Seatsā control.
No agency, partnership, joint venture or other relationship is intended or created by your use of the site.
These Terms and Conditions, the use of the vividseats.com and our mobile application, and any purchases of tickets hereunder will be governed by the laws of the State of Illinois, subject to conflict of law principles.
These Sale Terms contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
If any provision of these Sales Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and in no way defines the scope or extent of such paragraph.