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Terms of use

General

The following are the rules or "Terms" that govern use of the Tix City Fan Exchange website ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Tix City reserves the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms of Use, Tix City may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

Orders

All sales are final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, you will receive a full refund for the amount that you paid for the tickets. Any shipping and handling charges are not refundable. Tix City will not issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. Tix City will work with Rutgers Athletics to help replace or print tickets if customer needs assistance. When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets.

All orders are shipped to the billing address on your account via your chosen shipping method. Most orders are processed the same business day in which they are received. Orders placed after hours will be processed on the next business day. For certain events, tickets may not be available for immediate shipment. In this case, a Tix City representative will contact you with notification of approximately when your tickets will be shipped or you can check status in Your Account. Shipments are made via Federal Express. All shipments require a indirect signature at the point of delivery.

The Tix City Fan Exchange is a marketplace that allows users to buy (“Buyers”) and sell (“Sellers”) tickets and related passes for events. As a Fan Exchange Marketplace, Tix City does not set the prices for tickets. Because sellers set ticket prices, they may be higher than face value. While Tix City may provide pricing, shipping, listing, and other guidance, it is at the discretion of the seller whether to use it or not. Tix City has no control over and does not guarantee the existence, quality, safety or legality of the items advertised, the ability of Sellers to sell tickets or Buyers pay for them, or that a Buyer or Seller will complete a transaction. Tix City reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. There may be times the site is temporarily unavailable due to maintenance. Changes to the “Terms of Use” may be made without notice and your continued use of the Site constitutes your acceptance of the modified terms.

You must create an account in order to be able to purchase, list, or sell tickets and a valid credit card or debit card must be on file. Please be aware we may charge service, shipping, delivery, fulfillment or other fees for using our Services. Tix City reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after you list your tickets. Our fees help us maintain a safe, secure place for fans and allows us to improve and update new features and services for buyers and sellers. We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Tix City, or the collection agency it retains, may also report information about your account to credit bureaus. By creating an account you consent to receive calls and text messages from Tix City at any telephone number you have provided us. We may contact you for; account notifications, customer support, resolve a dispute, poll your opinion, and collection of an unpaid debt , or as otherwise necessary to provide service for your account.

Listing Tickets


Pricing tickets is the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws. NEVER are you allowed to list speculative tickets. We reserve the right to remove any listings suspected of being speculative or false inventory. By listing a ticket for sale, you are making a legal offer to sell that ticket to a Buyer who purchases the ticket for the price the Seller has specified. It is the Buyer’s responsibility once a ticket is sold, to deliver the ticket exactly as it is specified in the listing, within the required delivery timeframe. A Seller is not allowed to cancel a sale so that they can relist the tickets at a higher price. Failure to fulfill your orders will lead to additional charges and penalties. When a ticket is sold, payment will be made to the seller 72 hours after event to ensure there was no issues with the buyer gaining admittance.

Buying Tickets

The Buyer is responsible for reading the complete listing before making a commitment to buy tickets. When an order is placed, that is a legal agreement to purchase those tickets. Payment is remitted to Tix City and disbursed to the seller according to our payment policy. ALL SALES ARE FINAL. Other than cancelled events, Buyer will not receive a full refund for a completed purchase. Orders cannot be changed or cancelled once the sale is complete.

Cancellation/Postponement

If an event is cancelled or does not occur, the listing will be removed and you will be notified about the cancellation. Buyer will receive a full refund and Seller, if he received payment, be charged the amount he received for the original sale. If the Seller needs the tickets in order to obtain a refund of the original purchase, they must contact Tix City within two weeks of the event cancellation. If an event is postponed, orders will not be cancelled as long as the tickets are still valid for the new date. If new tickets are required, Seller is expected to deliver new tickets. Tix City is not responsible for partial performances, venue, line-up, date, or time changes. No refunds will be issued for these instances.

Privacy Policy

This privacy policy (Privacy Policy) covers Tix City`s treatment of personal or personally identifiable information (Personal Information) that may be collected when User is on the Site and when User uses Tix City services. This Privacy Policy does not apply to the practices of companies or individuals that Tix City does not own or exercise supervisory control over, or to third party advertisers on the Site. Tix City may collect Personal Information when User uses certain services on the Site or when User visits cookie-enabled web pages. Tix City may also log your IP address when User accesses the Site. Tix City uses this Personal Information to fulfill requests for our services or products, to contact Users regarding changes to our Site or our business, and to customize the content that User might see on the Site. Tix City may also use "cookie" files to better service User needs by creating a customized template or web page to the Site. Tix City will share information with their business partners. This includes a third party who provides, promotes or sponsors an event, or who operates a venue to which we sell tickets for events. Our partners use the information we give them as described in their privacy polices. Please refer to their privacy policies to learn how they treat your information.

Tix City reserves the right to amend this policy at any time. Tix City will contact registered Users by email or shall post a notice of changes in its Site, when and if the terms of this policy are amended.

Pricing

Tickets sold through our site are from other members of the Rutgers Fan Exchange and are being resold in many cases above or below the price or "face value" listed on the ticket. Price is at the discrection of the seller.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorized by Tix City to do so. The content and software on this Site is the property of Tix City and/or its suppliers and is protected by U.S. and international copyright laws.

Links

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Tix City has no control over these sites or the content within them. Tix City cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Tix City does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Tix City for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at fanexchange@tixcity.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited on the Site. It includes Content that:

  • Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;   
  • Could be harmful to minors;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Promotes an illegal or unauthorized copy of another person`s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); Displays pornographic or sexually explicit material of any kind;
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone`s privacy, or providing or creating computer viruses;
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Violation of the Terms

You understand and agree that in the sole discretion of Tix City, and without prior notice, Tix City may terminate your access to the Site, cancel your ticket order or exercise any other remedy available and remove any unauthorized User Content, if Tix City believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Tix City, another User or the law. You agree that monetary damages may not provide a sufficient remedy to Tix City for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Tix City may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Tix City is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users` rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user`s rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred.

Disclaimers

Tix City does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. Tix City cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Tix City disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Tix City will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages.

Tix City makes no guarantee of any specific result from use of this Site or use of the Rutgers Fan Exchange service. Regular maitenance will be done to ensure the quality of the Fan Exchange.

Tix City reserves the right to change Terms of Use at any time.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Tix City be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if Tix City has been advised of the possibility of such damages.

Disputes

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to personal jurisdiction by venue in the state and federal courts of the State of New Jersey, City of Edison.

Indemnity

You agree to indemnify and hold Tix City, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.