Listing Process; Determining the Listing Price, Number of Tickets; Expiration Date; When a Listing Becomes Irrevocable; When a Sale Occurs
• Account Information: When you start the process of listing a ticket on TicketsNow, if you do not have an account that previously has been used to list tickets on TicketsNow then you will be asked for credit card and checking account information. If you already have a properly functioning account with such information, you will be able to log in. As you list tickets for sale, you will be required, or presented with the opportunity to provide, certain additional information including credit card information you may have entered before. We will use that information, information you otherwise submit or edit, information related to the tickets and other information, to determine the restrictions (if any) that will be applied to your listing price for the tickets, and the number of tickets you may sell through TicketsNow or the listing.
• Number of Tickets in a Listing: Before listing tickets on TicketsNow, you must have possession of the tickets. All of the tickets in a single listing must be for adjacent seats to the same event. If you plan on splitting a group of tickets into multiple listings, you should pay careful attention to the seat numbers of your tickets, and make sure that the remaining non-listed tickets are adjacent seat numbers.
• Ticket Details: It is your responsibility to list Section and Row information as it appears on the ticket. Doing so ensures the best chance for a ticket to be sold. It is also your responsibility to determine, using the drop-down menu provided, whether the ticket is for a location that includes an “Obstructed View” or any other similar notations printed on the ticket, if applicable.
• Ticket Resale Laws: You represent that your listing of tickets on TicketsNow complies with all applicable laws.
• Setting the Listing Price; Your Proceeds from a Sale: You must set a per ticket "Listing Price.” "Your Proceeds" is the amount of the Listing Price (less TicketsNow’s commission) which TicketsNow will deduct and retain. The purchaser will pay to TicketsNow an amount that equals the Listing Price plus additional amounts such as shipping and handling as well as a TicketsNow service charge. Other than “Your Proceeds,” TicketsNow will keep all other amounts associated with a purchase and may share such amounts with tax authorities and other third parties. All prices set are listed to the site as-is, so you must ensure that the Listing Price is correct.
Tickets may also be offered for sale through our partner and affiliate sites at a different listing price; and does not affect the amount you will be paid. Please note, selecting Decreasing or Market Price settings may change your list price and amount you will be paid.
• List Until Date: Each ticket listing will have a "List Until Date," which TicketsNow will set (unless the seller lists a date prior to our forced date). If a ticket is not ordered by a purchaser on or before its “List Until Date,” then the listing will terminate and the tickets in the listing will no longer be offered for sale on TicketsNow. Tickets that are eligible for electronic delivery have an extended List Until Date due to the nature of electronic delivery.
• When a Listing Becomes Irrevocable: Until a ticket is purchased, you may delete a Ticket Listing Once you confirm a purchase, you may not modify or cancel the Ticket Listing in an effort to stop the sale of the tickets.
• Change or Interruption of Web Sites: TicketsNow reserves the right to modify or discontinue, temporarily or permanently, the TicketsNow.com Web site with or without notice at any time. You agree that TicketsNow will not be liable for any modification, suspension, interruption, or discontinuance of our Web site(s) or any other services presented in this agreement for any reason. TicketsNow does not guarantee continuous access to its services. TicketsNow shall not be responsible for tickets listed that do not sell, for any reason including, but not limited to tickets that remain unsold as a result of a Web site outage.
• DO NOT DISCARD YOUR TICKETS: DO NOT DISCARD YOUR TICKETS. IT IS POSSIBLE THAT YOU MAY NOT BE SUCCESSFUL IN SELLING YOUR TICKETS THROUGH A TICKET LISTING AND YOU MAY NEED THEM TO ATTEND THE EVENT. IF YOU ARE SUCCESSFUL IN SELLING TICKETS THROUGH A TICKET LISTING, YOU WILL NEED TO SEND THE TICKETS TO THE PURCHASER IN ORDER TO COLLECT YOUR PROCEEDS AS DESCRIBED BELOW. ALSO, IF YOUR TICKET ORDER WAS FULFILLED VIA THE ELECTRONIC DELIVERY OPTION, AND THE EVENT IS CANCELLED, YOU WILL REQUIRE THE ORIGINAL TICKETS FOR A REFUND FROM THE PRIMARY TICKET SOURCE.
• Types of Tickets Not Eligible
TicketsNow may prohibit the listing for sale of certain types of tickets, or tickets to certain events. In order to see whether the ticket you are holding can be listed for sale, please begin the listing process and an error message will be displayed if the listing is not allowed.
Illegal Activity: You agree not to use TicketsNow for any unlawful purpose or in any unlawful manner. You agree not to create an account under a false name or use an invalid or unauthorized credit card. You also agree not to copy, modify, or distribute any content from TicketsNow, including TicketsNow copyrights and trademarks or link to TicketsNow without express written consent. If you fail to deliver the tickets you listed on TicketsNow or the tickets delivered are invalid, fraudulent, or misrepresented, TicketsNow has the right to cancel the order, and hold you liable for any charges incurred. These charges may include, but are not limited to, the cost of replacement tickets, discount materials (gift cards or other promotions), reprinting fees, UPS re-routing and re-shipping charges, and refunds to the original purchaser of the tickets. You agree that TicketsNow may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. TicketsNow will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
• Stolen Property: The sale of stolen property on TicketsNow is strictly forbidden, and violates state, federal, and international law. TicketsNow strongly supports law enforcement efforts to recover stolen property that is listed on TicketsNow and urges the prosecution of those responsible for knowingly attempting to sell such items on our Web site. TicketsNow may prohibit the listing for sale of certain types of tickets, or tickets to certain events. In order to see whether the ticket you are holding can be listed for sale, please begin the listing process and an error message will be displayed if the listing is not allowed.
• Investigations: TicketsNow may investigate complaints and violations of its policies. You agree to cooperate fully with such investigations, including without limitation, providing specific information regarding your right to a ticket, the source of a ticket, the original acquisition of a ticket, and the price originally paid for a ticket.
• Violations: TicketsNow may take any action that it deems appropriate in its sole discretion (including, without limitation, issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a Ticket Listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information provided by you; or (d) we believe your conduct may cause legal liability for you, for other users, or for TicketsNow. You agree that payments owed to you for sales made through TicketsNow may be suspended or delayed pending any investigation. TicketsNow is not obligated to pay you for any sales if TicketsNow has a good faith basis to believe a sale was unlawful or otherwise made in material violation of this agreement. We also reserve the right to suspend or revoke temporarily or permanently your privilege to sell tickets with TicketsNow for any reason.
Confirming a Sale
Once a request has been submitted for your tickets through TicketsNow, you are required to confirm the sale. Status of a pending sale will be delivered to you via the email address attached to the account, and will be available by logging into your account on TicketsNow.com.TicketsNow requires all confirmations to be completed within 24 to 48 hours. TicketsNow reserves the right to contact you via your provided phone number or email address and ask for confirmation. Once a sale is confirmed, you must print out the supplied UPS shipping label (through your account) and ship the tickets immediately. If the customer chose the electronic delivery option, you will be asked to provide the barcode found on each ticket sold. You will be notified via email that the shipping label is ready for printing or when your barcodes are ready for entry. Payment to you will be initiated upon delivery verification of the tickets being received by the purchaser.
Sellers who have entered ticket barcodes at listing:
You do not need to "Confirm the Sale." Because you have entered your ticket barcodes at the time of listing, your sale will proceed without you having to do any additional actions.
How to Receive Proceeds; Form of Payment
IMPORTANT NOTICE: We will release payment for all 2012-13 NHL preseason and regular season game tickets when and only if the
games are confirmed to be played this season by the NHL.
Check - We will send you a check via standard U.S. mail typically within 7 business days once delivery is complete.* Please allow an extra 5-7 days for U.S. Mail delivery.
Direct Deposit - Typically within 7 business days after the buyer has received the tickets, your payment will be deposited electronically to the account you provide.* When you enter your Direct Deposit bank account information, we will send a $0 value “pre-note” test transaction to your bank. If the test is successful, you will receive your payments via direct deposit. If the test is not successful for any reason, we will send you an email notification, and you should recheck and correct your information. Until corrected and accepted by the bank, we will issue checks to the address you provide. Please keep in mind check payment will take an additional 5-10 days.
* In order to provide buyers with a safe and secure purchasing experience, all sales transactions may be subject to a seller verification process. As such, TicketsNow reserves the right, in its sole discretion, to withhold payment of funds due to a Seller until after the event occurs.
Payment for non-guaranteed Playoff Games:
During Playoffs, for games that may not be guaranteed to be played, we reserve the right to hold payments to Sellers until the game occurs and, in the event the game is not needed to be played, we reserve the right to withhold settlement payment for that ticket entirely and provide refunds to our customers.”
Purchaser Information Following Sale
Once a sale is confirmed, the Purchaser’s email address, name and shipping information may be provided to you for the sole purpose of delivering the purchased ticket(s) and may not be used by you for any other purpose. You agree not to include within the delivery to the ticket purchaser any promotional or commercial material that is not approved or provided by TicketsNow. This includes, without limitation, advertising and marketing material that announces a Web site or invites the Purchaser to visit a Web site other than TicketsNow or its affiliates. You also agree not to contact the ticket purchaser separately for any reason.
If an event for which you have listed a ticket for sale is postponed or rescheduled, the event information will be updated and your tickets will still be for sale on TicketsNow. If the event is cancelled before it has been sold through TicketsNow, we will remove the listing. If the event is postponed or rescheduled, you will still receive the proceeds from the sale subject to the terms of the TicketsNow Seller Agreement. If the event is cancelled after the sale, we will request the tickets back from the purchaser who has two weeks to send the tickets back to us. We will then return the cancelled tickets to you and a debit for the full amount of "Your Proceeds" will be processed at that time. If your tickets were sold and reissued via the electronic delivery option, you will use the original set of tickets to obtain a refund from the primary seller. The reissued tickets will not be sent back to you.
If we pay you "Your Proceeds" in connection with a cancelled event, then you agree that we will have the right to recoup the full amount of "Your Proceeds." You agree that we will have the right to recoup this amount by charging the credit card attached to the account, and that if we are unable, for any reason, to charge and collect from that credit card this full amount, then we will have the right to withdraw any such uncollected amounts from the checking or financial institution account attached to the account. We may also request payment from you via written or oral notice. In such case, you will pay us in the payment form (e.g., cashier's check) that we request and by the date that we request.
Adjustments to Credit Card
You agree that TicketsNow can charge your credit card for the amounts described below, in the event of such a refund and for all damages we suffer as a result of fraudulent activity in which you are involved. Your failure to pay any such amount to us, within five days of TicketsNow giving notice that such an amount is owed, shall constitute a material breach of this Agreement. We will have the right to withhold "Your Proceeds" associated with the sale in a Ticket listing unless and until we have completed the transaction to our satisfaction. When we pay "Your Proceeds," we will have the right to do so by depositing the funds into the checking account that has been verified within your account, or issue a check to the address listed on your account.
Seller Responsibility: You must authorize TicketsNow to withhold payment or charge your credit card account any amount owed to us if:
• You confirm a sale and then cannot fulfill the order;
• An adjustment is made to this Seller Agreement;
• We believe that you have committed fraud or any other illegal act or omission during any buying or selling activity;
• You are not able to produce the exact seats listed in the Ticket Listing;
• You deliver incorrect or misrepresented tickets for any order or portion of an order.
• You fail to ship the tickets in the timeframe specified in this agreement.
• You otherwise owe TicketsNow a specific amount. If any of these things occur, we may also deduct from any amount we owe you the amount you owe us.
Liabilities Discharged and Fees Owed for Incorrect Payment Information and Funds Deposited Into Incorrect Accounts; Disclaimers; Roles of the Parties; Additional Representations
YOU AGREE THAT WE HAVE THE RIGHT TO CHARGE YOU FEES AND COSTS ASSOCIATED WITH ANY INCORRECT BANK ACCOUNT INFORMATION YOU GIVE US. YOU AGREE THAT IF YOU GIVE US INCORRECT, OR SOMEONE ELSE'S, BANK ACCOUNT OR CREDIT CARD INFORMATION AND WE DEPOSIT OR CREDIT FUNDS INTO IT, THEN WE WILL NOT BE LIABLE TO PAY YOU SUCH AMOUNTS, ALL OF OUR LIABILITIES TO YOU FOR SUCH AMOUNTS WILL BE DISCHARGED, AND YOU WILL LOOK SOLELY TO THE RECIPIENT FOR PAYMENT.
Neither we nor anyone else makes any guarantee that any tickets listed or ordered by you will be purchased through TicketsNow. WE (OR SUCH RELATED PARTIES) WILL NOT OWE YOU ANY MONEY WHERE YOU LIST BUT TON’T SELL, OR TRY TO LIST BUT DON’T SELL, A TICKET.
When you use TicketsNow to resell a ticket, you are the ticket's seller; neither TicketsNow nor the event provider is the seller. We are only providing certain services related to your sale. You represent and warrant that you are the rightful owner of each ticket that you post for sale on TicketsNow, and that no such ticket is subject to any liens, claims or other encumbrances. You further represent and warrant that if you are an employee, representative or agent of an event provider or sponsor associated with an event for which you are posting a ticket on TicketsNow, you have express consent of the event provider to post the ticket(s) for sale on TicketsNow. You agree not to use TicketsNow for any illegal or fraudulent purpose, or to post or sell any tickets that you do not own, possess or for which you have a contractual right and not to impersonate any person or entity, including without limitation, a ticket holder..
You agree to accurately report and pay all taxes, and TicketsNow will not be responsible for paying any, income, sales and other taxes (if any) that are owed in connection with any sale of any of your tickets or any remission of funds by us to you.
Release of Claims by You; Hold Harmless and Indemnity by You
YOU UNDERSTAND THAT OUR CHARGING OF YOUR CREDIT CARD OR WITHDRAWAL OF FUNDS FROM YOUR CHECKING ACCOUNT MAY CAUSE YOU TO EXCEED CREDIT CARD AUTHORIZATION LIMITS, WRITE CHECKS WITH INSUFFICIENT FUNDS, AND CAUSE YOU NOT TO BE ABLE TO SATISFY YOUR MONETARY OBLIGATIONS. YOU RELEASE, AND AGREE TO INDEMNIFY AND HOLD, US AND OUR AFFILIATES, AND OUR AFFILIATES' OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS HARMLESS FROM ANY LIABILITIES, CLAIMS, COSTS OR DAMAGES INCURRED AS A RESULT OF US CHARGING YOUR CREDIT CARD OR WITHDRAWING FUNDS FROM YOUR BANK OR CHECKING ACCOUNTS, OR CAUSING YOU TO EXCEED YOUR CREDIT LIMITS OR WRITE CHECKS WITH INSUFFICIENT FUNDS.
Invalidation of Ticket; Other Activities Taken with the Ticket
By listing a ticket using TicketsNow, you authorizes us, upon purchase of the ticket by another person through TicketsNow, to cancel and invalidate your right to use and convey the ticket, and you acknowledge that the listed ticket will thereafter be invalid for entry to the applicable event by you or anyone else (other than the person who acquires that ticket via TicketsNow in its newly reprinted form (or any person lawfully receiving the ticket from such acquirer). We will collect funds from the purchaser and will compensate you for the sale as described above. You may not place more than one listing for the same ticket on TicketsNow. Cancelled or invalidated tickets will not be honored at any given time.
You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is listed for sale on TicketsNow; (b) any sold, forwarded or otherwise cancelled or invalidated tickets, (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another; or (d) any ticket that is owned by someone other than the seller. Please note that in some cases the seller may be obligated to return funds collected in connection with a sale, as described under the heading "Cancelled Events" above.