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TERMS & CONDITIONS

Last updated: August 25, 2015
Please read these Terms and Conditions ("Terms", "Terms of Service", “Terms and Conditions”) carefully before using the http://www.nabbtix.com website (the "Service") operated by NabbTix LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. NabbTix and any of its parents and subsidiaries reserve the right to change these Terms at any time and without prior notice, effective immediately upon posting on the Website.

Purchases

If you wish to purchase any ticket or ticket package made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

All ticket prices for events that occur in the United States are stated in U.S. Dollars.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. Orders are processed only after billing information has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that will cause an order to be canceled. In these cases, please verify your billing information before making another purchase attempt.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Who You Are Buying From

NabbTix acts as the ticketing agent of those who are promoting or otherwise providing the events for which you purchase tickets, such as venues, artists’ representatives and fan clubs, promoters, teams, and leagues (“Event Providers”). NabbTix facilitates your purchase of an Event Provider’s tickets via Nabbtix.com. When you purchase a ticket for an event that is located in the United States, NabbTix LLC will be handling the transaction and collecting payment or the Event Provider. If the tickets are sent to you, they will be sent from the United States, regardless of what country you live in. Tickets obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void.

NabbTix sells tickets on behalf of Event Providers, which means we do not set ticket prices or determine seating availability. Occasionally, additional tickets may become available prior to the event. However, NabbTix does not control this inventory or availability. In some cases, NabbTix or other distribution channels may receive additional, subsequent allocations of tickets for distribution, which may be of similar or higher desirability than those sold on NabbTix, or may be offered for sale at lower prices than prices charged on NabbTix.

Fees

We may charge service, shipping, delivery, fulfillment or other fees for using our Services (collectively referred to as ‘Fees’). NabbTix reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after tickets are listed. You will be notified of any changes that occur after listing. Tickets purchased on Nabbtix.com can by subject to a per ticket convenience charge and non-refundable per order processing fee.

In addition, we may collect fees owed using a collection agency or collection mechanism and you may be charged fees associated with collecting the delinquent payments. NabbTix, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information NabbTix reported to a credit bureau, contact NabbTix. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

Amount of Tickets Per Customer or “Ticket Limits”

When purchasing tickets on Nabbtix.com, you are limited to a specified number of tickets for each event (also know as a “ticket limit”). This limit is posted during the purchase and bidding processes and is verified with every transaction. If a ticket limit is posted during the purchase and bidding processes, please note that this policy is in effect at the request of the Event Provider and is to discourage unfair ticket buying practices.

Order Confirmation

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, bid information, or you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with NabbTix Customer Support at support@NabbTix.com whether or not your order or bid has been placed. Only you may be aware of any problems that may occur during the bid or purchase process. NabbTix will not be responsible for losses (monetary or otherwise) if you assume that an order or bid was not placed because you failed to receive confirmation.

Multiple Browser Windows

When ordering tickets online with NabbTix, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.

Invalid Bid Retraction Policy

A bid is a binding contract that's active until the auction ends. Once you place a bid, you will be charged for the ticket if you're the winning bidder. You're not allowed to retract bids to manipulate the bidding process.

If you accidentally entered the wrong amount, such as typing in $100.00 instead of $10.00 NabbTix may elect to retract the bid on your behalf. If you find yourself in this situation, please email NabbTix Customer Support at support@NabbTix.com immediately.

Event Cancellations, Postponement, and Other Event Changes

If an event is canceled or postponed by the promoter, band, team, venue or other Event Provider, we will attempt to contact you to inform you of the procedures/instructions for that event.

NabbTix acts as the agent of the Event Provider and as such typically only offers refunds and/or exchanges based on the Event Provider’s instructions. NabbTix is not obligated to issue a refund except to the extent that the Event Provider responsible for bringing you the event (1) instructs us to issue a refund, and (2) provides us with the funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the Event Provider’s instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the Event Provider’s discretion. NabbTix will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event. Please reach out to NabbTix Customer Support with any questions regarding event cancellation, postponement or other event change policies.

Cancellation: If an event is canceled or a contingent event (e.g. playoff game) does not occur, NabbTix will remove the listing. You will receive a full refund (including Fees, excluding Delivery Fees) at the Event Provider’s discretion. NabbTix will most likely give you a refund by issuing a credit to the credit card that you used to purchase the ticket.

Postponement: If an event is postponed and rescheduled, NabbTix will work with you on a case-by-case basis attempting to resolve any ticket issues. NabbTix reserves the right to cancel orders if new tickets are required. Refunds will not be issued for postponed events (unless they are ultimately canceled).

Other Event Changes: NabbTix is not responsible for partial performances, or venue, date, or time changes. No refunds will be issued in these instances.

Opening Acts

Opening acts or guest may sometimes tour with headlining performers. NabbTix is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be owed if an opening act is changed or canceled.

Accounts

You must create an account to bid and/or purchase any ticket(s) or ticket package(s), and you must have a valid payment method on file. You acknowledge that NabbTix may charge your payment method for amounts you owe us, costs we incur or other losses arising out of your violation of this Terms of Service.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Refunds and Exchanges

Before purchasing tickets and bidding on tickets, carefully review your event, ticket type, bid details, number of tickets, and other ticket purchase information. NabbTix acts as an agent for the Event Provider and policies set forth by our clients, including venues, theaters, teams, generally prohibit NabbTix from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, or destroyed tickets. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact NabbTix to seek a refund or exchange from NabbTix when NabbTix is prohibited from providing one by its clients, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from Nabbtix.com. Should you do so, your tickets may be canceled, and NabbTix may, in its sole discretion, refuse to honor pending and future ticket purchases or bids made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using Nabbtix.com.

Pricing and Other Errors

If the amount you pay for a ticket is incorrect, regardless of whether this is because of an error in a price posted on the website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date, or you are able to order a ticket that was not supposed to have been released for sale or bidding, then NabbTix will have the right to cancel that ticket (or the order/bid for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of the website or other NabbTix operated system.

Delivery Options

Different combinations of delivery methods may be offered, depending on factors that include the venue or country where the event is to be held, the country in which you live, how much time is left before the event starts, whether it is a holiday season, and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process.

Generally, some of the following delivery methods may be offered, subject to additional restrictions some of which are described further below:

Print-At-Home: For events that occur in the United States, this may be a potential delivery option.

Will Call: For events that occur in the United States, this may be a potential delivery option.

Standard Mail: For events that occur in the United States, this may be a potential delivery option.

Recording, Transmission and Exhibition

You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to NabbTix and the Event Provider(s) to utilize your name, image, likeness, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, the event (regardless of whether before, during, or after the event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

Subject to Search on Event Entry

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain times may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles, and containers.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by NabbTix LLC.

NabbTix LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NabbTix LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Unlawful Re-Sale of Tickets; Commercial Purposes

Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by the Event Provider, provided that even if such consent is obtained, any use of NabbTix’s trademarks and other intellectual property is subject to NabbTix’s written consent.

Indemnification

You agree to defend, indemnify and hold harmless NabbTix LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall NabbTix LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Ejection and Cancellation; No Redemption Value; License

Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused. A ticket is not redeemable for cash.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NabbTix LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Proprietary/Intellectual Property Rights

NabbTix and/or its affiliates, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of NabbTix’s or its affiliates’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associate with NabbTix.

NabbTix is a Trademark of NabbTix LLC.

Content Terms

Any content, such as images, videos, logos, or other digital media, submitted to NabbTix must comply with NabbTix’s Terms of Service. Before uploading any photographs, images, videos, logos, or other digital media, please carefully review NabbTix’s Terms of Service. By uploading, you will agree to them. All content is also subject to the Digital Millennium Copyright Act. You agree to indemnify and hold NabbTix harmless from all demands, claims, proceedings, awards, action, damages, losses, costs, charges, and expenses, including legal fees, incurred by or made against NabbTix, which result from or relate to Your use of the Website and any violation of these Terms of Service, including, but not limited to, any violation of any third party rights with respect to your content. You agree to give NabbTix prompt notice of any such demand, claim or proceeding that You are aware of.

Please note that NabbTix reserves the right to review or reject event listings with photographs or videos that violate our content policy, such as photographs or videos that contain: illegal content, violations of copyright, trademark infringement, pornography, incitement of violence, promotions of hate, and invasion of privacy. The image or video must directly relate to your event listing. If you have any questions, please reach out to NabbTix Customer Support.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions or concerns regarding anything contained in these Terms, please contact us by e-mail or regular mail at the following address:

NabbTix Legal Department
14 Derby Lane
Ossining, NY 105621

support@nabbtix.com

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