Introduction: How This Agreement Works
Welcome! XMTickets would like to introduce the easiest way to sell tickets online.
XMTickets is a secondary ticket marketplace that connects ticket sellers with buyers (hereinafter the “XMTickets Marketplace”).
To sell on the XMTickets 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 have read and will comply with all applicable laws, regulations and ordinances.
XMTickets 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 XMTickets 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 XMTickets.
Follow these four (4) steps to list your valid and authentic tickets on the XMTickets 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. Please note there must be two or more seats in each row to list piggyback seats.
- 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 must set a price that is definitive and truly represents 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. Unless you are an authorized participant in our Zone Sales Program, 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 (UPS).
- 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, XMTickets shall designate the tickets for UPS delivery.
Once you provide the information above – ticket details, price, possession, and delivery – you may list your ticket(s) on the XMTickets Marketplace. XMTickets 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.
XMTickets may authorize the credit card you provided during registration at any time, in its sole discretion. XMTickets 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, XMTickets 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. XMTickets 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.XMTickets.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. XMTickets 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. XMTickets may demand proof of prior sale to verify that the tickets actually sold elsewhere prior to XMTickets submitting a request for purchase. Failure to provide sufficient proof of sale, as determined solely by XMTickets, is a violation of these Terms and Conditions and may result in the penalties described below.
XMTickets 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.
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.
- Electronic Delivery: Seller must upload the tickets to XMTickets to be made available to buyers to download on the same day as the date you declared you would have physical possession of the tickets when you listed the tickets.
- UPS Delivery: Seller may access their account after the order is confirmed and generate the UPS shipping label. Seller shall ship the tickets no later than the date they have indicated to be the expected ship date. It is the expectation that the tickets are in transit within one (1) business day of Seller’s creation of the label.
To the extent XMTickets 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 XMTickets 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 XMTickets and the buyer. If an agreement to the alternate method cannot be reached with the buyer, XMTickets 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 XMTickets to obtain a duplicate shipping label. XMTickets 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 XMTickets. 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 XMTickets. 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 fourteen (14) business days after delivery to buyer, regardless of method of delivery, unless otherwise agreed to by XMTickets. 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 XMTickets, which can be set and adjusted at any time and for any reason by XMTickets.
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, subject to the following restrictions:
- 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 or the primary market offers refunds for a postponed event, XMTickets may, in its sole discretion, deem the event cancelled and cancel orders as described below.
- If an event is relocated to a new venue or otherwise materially changes, including a substitution of the originally scheduled performers, XMTickets may, in its sole discretion, deem the event cancelled and cancel orders as described below. This provision also applies when there is a change of venue, performer or other change, 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, or deemed cancelled, by the venue, artist, or primary box office, or if it is deemed cancelled by XMTickets as described above. If payment has already been made, Seller is responsible to repay XMTickets the full amount of the ticket(s) sold for the cancelled event. XMTickets 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, XMTickets 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 XMTickets 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 XMTickets Marketplace.
XMTickets, 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 XMTickets employee or customer.
- Unlawful Activity: Sellers may not use the XMTickets Marketplace for unlawful activity, including but not limited to using information provided through the XMTickets Marketplace for unauthorized purposes, providing false personal information to XMTickets, 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. XMTickets reserves the right to assist in the prosecution of persons who knowingly attempt to sell or take property without authorization in connection with the XMTickets Marketplace.
- Obscene Materials: Sellers agree not to list, directly or indirectly, sell or buy any adult, obscene or pornographic materials through the XMTickets Marketplace.
- Speculative Selling: Seller agrees not to engage in speculative selling on the XMTickets Marketplace.
Violation of Terms and Conditions, Penalties, and Recoveries
XMTickets 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. XMTickets 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 XMTickets 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 XMTickets 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 XMTickets in any way.
- Failure to treat buyers and XMTickets employees in a professional manner.
- Suspected illegal, unlawful or fraudulent activity.
- Noncompliance with any applicable law, regulation, or ordinance.
- Failure to disclose that a parking pass “does not include admission to the event.”
- Selling a parking pass that is not affiliated with the venue or the event in an official capacity.
- Selling a parking pass that does not allow entry to the lot at least two hours prior to listed event time and continued access until at least two hours after the event’s end.
- Proof of Purchase: At any time, XMTickets 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 XMTickets, in XMTickets’ 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, XMTickets 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 XMTickets 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: XMTickets 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. XMTickets 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. XMTickets may also levy a discretionary fine, in any amount, against Sellers that violate these Terms and Conditions. In addition to financial remedies, XMTickets may also restrict Seller listings in any way, deny access to the XMTickets 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, XMTickets 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, XMTickets 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 XMTickets 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 XMTickets sole discretion. In addition, XMTickets 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 XMTickets;
- 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 XMTickets, including damage and harm to XMTickets 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 XMTickets. Seller therefore agrees that XMTickets will be entitled to injunctive or other equitable relief for such violations.
- Joint and Several Liability: Notwithstanding XMTickets’ 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 XMTickets 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 XMTickets, 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 XMTickets; (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 XMTickets; 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 XMTickets 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 XMTickets to provide information to any government agency or body regarding any payments Seller receives in relation to any transaction through XMTickets.
- 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) (“XMTickets’ Property”) is owned by XMTickets and will remain the property of XMTickets. Seller acknowledges that it does not acquire any ownership rights by registering as a Seller and/or using the site. Seller may not use XMTickets’ Property in connection with any product or service that is not offered by XMTickets, in any manner that is likely to cause confusion with customers, or in any manner that disparages XMTickets. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use XMTickets’ Property without the express written permission of XMTickets.
- Grant of License: Seller grants XMTickets a perpetual, non-exclusive, irrevocable, transferable worldwide right, royalty-free, to reproduce, publish and display on its site any content provided to XMTickets 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 XMTickets harmless for any failure to comply with any law or XMTickets’ failure to notify Seller of, or properly apply, any law.
- Indemnification: Seller agrees to indemnify, defend and hold XMTickets, 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 XMTickets; and/or (iv) Seller’s activities in connection with the listing of and sale of tickets on this site.
- NO WARRANTY: XMTICKETS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE XMTICKETS MARKETPLACE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE XMTICKETS 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. XMTICKETS DOES NOT WARRANT THAT SELLER’S USE OF THE XMTICKETS MARKETPLACE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE XMTICKETS MARKETPLACE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER ASSUMES ALL RESPONSIBILITY AND RISK FOR ITS USE OF THE XMTICKETS MARKETPLACE AND ANY RELIANCE THEREON. XMTICKETS 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 XMTICKETS MARKETPLACE AND ANY MATERIALS PROVIDED THROUGH THE XMTICKETS MARKETPLACE IS ENTIRELY AT SELLER’S OWN RISK. SELLER SHOULD USE ITS BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LIMITATION OF LIABILITY: NEITHER XMTICKETS 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 XMTICKETS MARKETPLACE, THE MATERIALS ON THE XMTICKETS MARKETPLACE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE XMTICKETS MARKETPLACE. WITHOUT LIMITING THE FOREGOING, SELLER EXPRESSLY ACKNOWLEDGES AND AGREES THAT XMTICKETS AND ANY OTHER INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE XMTICKETS 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 XMTICKETS MARKETPLACE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF XMTICKETS; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE XMTICKETS MARKETPLACE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE XMTICKETS 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 XMTICKETS MARKETPLACE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. SELLER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE XMTICKETS MARKETPLACE IS TO STOP USING THE XMTICKETS MARKETPLACE. THE MAXIMUM LIABILITY OF XMTICKETS, 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 XMTICKETS 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.
- Ticket Information: Seller acknowledges and agrees that all information related to any tickets sold on XMTickets.com, including the number of tickets sold, the event for which they are sold, and the price at which they are sold, is confidential (“Confidential Information”). Seller agrees not to disclose any Confidential Information except as expressly set forth and required by the Agreement.
Modification of Terms and Conditions
If XMTickets changes these Terms and Conditions, it shall post a revised version at www.XMTickets.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 XMTickets Marketplace, or continued use of the site, following XMTickets’ 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. XMTickets 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 XMTickets 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.