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Fanprice, Inc. 1.
INTRODUCTION (a)
Fanprice, Inc (“Fanprice.com”) is an internet website marketplace service that
allows Users to place offers for event tickets (“The Site”). These offers are accepted by other Users. Fanprice.com is
the facilitator of the transaction between buyer and seller and acts as a
marketplace only to allow buyers and sellers to interact regarding tickets. (b)
By use of and registration on
Fanprice.com, you, (“the User”), agree to be bound by this User Agreement
(“Agreement”). This Agreement applies
to the buying and selling of tickets and all other Services provided by
Fanprice.com. and/or the Site. This Agreement can be revised at any
time. Any such change to this
Agreement will be posted immediately in this place. Continued use of The Site constitutes
acceptance of any revised Agreement.
If you do not wish to accept the Agreement or any revised Agreement,
please do not continue to use the Site and services provided. (c)
This Agreement provides the
terms of service as they exist between you and Fanprice.com (d)
The Agreement herein
incorporates by reference the following:
i. Ticket Guarantee;
ii. Privacy Policy. 2.
OVERALL USAGE OF SITE (a) The Site allows Users
who wish to purchase tickets (“Fans”) to set the price they wish to pay for
tickets (“Offers”) by choosing the areas of a venue where they wish to sit
and posting an Offer for their seats.
Other Users, who have tickets for events (“Ticket Holders”) are able
to agree to the
Fans’ Offers and thus sell their tickets to the Fans.
(“Acceptance”) (b) Users must be able
to form a legally binding contract. If
you are under the age of 18 and/or otherwise unable to form a legally binding
contract, you may only use this site under the supervision of and in
conjunction with your parents and/or legal guardians. By conducting activity on the Site, you are
representing to Fanprice.com that you are over the age of 18 and/or have
acted under the supervision of your parent and/or legal guardian. (c) Only registered
Users may place or accept Offers, or participate in any Site activity, such
as but not limited to, contests, promotions and giveaways. (d) To become a
registered user, one must supply legal and current name, address, telephone number and provide an active e-mail address. (e) In order to place
Offers and/or Accept Offers Users must supply a valid credit or debit card. (f) Fanprice.com
reserves the right to ban any User from the Site, if Fanprice.com, in their
sole discretion, believes that the User has violated these terms or is acting
in a manner detrimental to Fanprice.com. 3.
PURCHASING TICKETS (a) Offer Process
i. Fans must have a
registered account before posting an Offer.
ii. Fans wishing to
purchase tickets for an event need to make an offer for their chosen
event. Fans choose in which sections
of the venue they wish to sit (“Zone”) and list the price they are willing to
pay for those seats. Fans can place
their Offer in as many or as few Zones as they wish. (a)
VENUE MAPS: FANPRICE.COM has made best efforts to
verify the accuracy of the venue maps; however, users expressly understand
that the venue maps are both not to scale and may contain errors. It is the responsibility of the user to
confirm with the specific venue if the information is correct. FANPRICE.COM only warrants that the seats
Fans receive will match the zone information.
(e.g. If a Fan chooses Zone 2, which states the seats will be in Floor
2, Rows B-D, if the offer is accepted, the Fan is guaranteed to receive that the
seats will be in Floor 2 between rows B and D, but we cannot warrant that the
venue has not placed an extra row in front of row A, thus making this rows
3->5, instead of the anticipated 2->4)
iii. Fans can set how
long their offer is good for and certain special requests, such as a “Deliver
by” date, or “aisle seats”.
iv. Fans will have to
secure their offer via a valid credit card or debit card. (b) Acceptance Process
i. Once a Fan’s Offer
has been accepted by a Ticket Holder, the Credit Card the Fan supplied will
immediately be charged for the amount, plus, plus any applicable shipping and
handling charges. (“Total Transaction Cost”)
ii. Fans will receive
notification of the Offers acceptance via e-mail. Notification of the Offers acceptance will
also be placed in their account page. Fans expressly understand that they
cannot hold Fanprice.com responsible if the Fans fail to check their e-mail
and/or account and as a result of such failure are not immediately aware that
they had purchased tickets for which they had made an offer.
iii. Fans can remove an
offer at any time up until the time it is accepted.
iv. Fans will be
supplied with specific seat information, including section and row. Fans herein understand that specific seat #
information may not be immediately available.
v. Once a Fan’s Offer
is accepted THE
vi. It is important to understand that Fans are buying
tickets from Fanprice and not directly from the
seller. Any disputes regarding tickets
received must be directed towards Fanprice and
resolved under our Ticket Guarantee. (c) Delivery Process / Ticket Guarantee
i. Fans understand that
tickets might not be in hand and may be delivered at a date later than when
the offer is first accepted.
ii. Tickets will be delivered
in time for the event.
iii. Fans will receive
tickets that are identical or superior to those indicated at the time of
acceptance. Superior tickets may be a
closer row and/or Zone. (a)
Fanprice.com
reserves the right to determine what is considered a superior ticket used for
the purpose of substitution.
iv. All offers satisfied
within 4 days of the event, shall be delivered via our FanFasTix
™ Electronic Ticket delivery service. (d) Electronic Tickets - FanFasTix™
i. After an Offer is Accepted some Fans may have the option of receiving their
tickets via our FanFasTix™ electronic ticket
delivery service. (a)
If
the event is more than 4 days away, Fans may have the option of choosing to
receive their tickets via electronic means or have our staff send them via
federal express. (b)
If
the event is less than 4 days away, tickets can only be delivered via our FanFasTix™ electronic ticket delivery system. (e) Event Information / Postponed, Cancelled Event
i. Event date, times,
and subject matter may change prior to the date of the Event. Although Fanprice.com will make its best
efforts to obtain updated event information and inform the Fans of any
changes to an Event, the ultimate responsibility lies with the Fans to check
with the box office or refer to local listings to learn of potential changes.
ii. Under no
circumstances can Fanprice.com be held responsible for any changes to an
event, including postponement, partial performances, venue,
date or time changes and as such, no refunds can be issued for these
circumstances. (a)
If
an event is postponed, the original tickets issued will, in most cases, be
usable on the new date. If a new date
has not yet been selected, please continue to check with the box office or
local listings to find out when a new date has been scheduled. Fanprice.com will make best efforts to
monitor the situation and keep you informed as well. (b)
Fanprice.com
will assist Fans and Ticket Holders to aid them in facilitating a new ticket
delivery if original tickets are not usable for the new date.
iii. If an event is
cancelled, DO NOT DISCARD YOUR
TICKETS, Fanprice.com will contact you regarding the event and the
procedures that need to be followed.
In some cases, the tickets will need to be returned, in others, the
tickets can simply be destroyed.
Fanprice.com will inform you of the specific situation surrounding
your event and what procedures you need to follow to receive a refund. Once the event specific procedures are
followed, Fans will receive a FULL REFUND, inclusive of service fees, shipping
and handling.
(a) Accepting an Offer
i. Ticket Holders must
have a registered account before Accepting Offers.
ii. Ticket Holders
choose the event where they have tickets, which Zone within the Venue their
tickets reside and they can then view the available Offers in that Zone.
iii. Once a Ticket Holder
has accepted an Offer, the Ticket Holder must supply exact section and row
information, as well as an anticipated delivery date of the Tickets.
iv. By Accepting an
Offer the Ticket Holder is responsible for delivering the exact seats specified
in the Offer to the Fan.
v. At the time of the
Acceptance or at the time of the Delivery Date indicated by the Ticket Holder
at the time of Acceptance, whichever is later, the Seller will receive either
a link to a Federal Express label or in the case of electronic tickets,
instruction on how to upload their Tickets to Fanprice.com. (a)
If
the Ticket Holder receives a Federal Express label, they will immediately
place the tickets in a Federal Express envelope, along with any promotional
material Fanprice.com includes. Place
the label on the outside of the envelope and drop off the envelope at the
closest Federal Express and/or Kinkos location. a.
Fans
address information is provided to Ticket Holders for the sole purpose of
shipping the specific tickets and may not be used by the Ticket Holder for
any other purpose for any reason whatsoever.
TICKET HOLDERS ARE STRICTLY FORBIDDEN
FROM INCLUDING ANY PROMOTIONAL OR CONTACT MATERIAL IN THE ENVELOPE, NOT
SUPPLIED BY THE PRIMARY TICKET SELLER AND/OR FANPRICE.COM. SUCH MATERIAL INCLUDES BUT IS NOT LIMITED
TO, ANNOUNCEMENTS FOR WEBSITES, BUSINESS CARDS, FLYERS, COUPONS, DISCOUNT
CODES, PROMO ITEMS. ANY SUCH MATERIAL
WILL RESULT IN WITHOLDING PAYMENT AND/OR SUSPENSION FROM FANPRICE.COM.
vi. Ticket Holders shall
provide a valid credit card to Fanprice.com to secure the transaction. (Please see failed transactions below for
more information on how a Credit Card may be used).
vii. Once accepting an offer, the Ticket Holder is selling
their tickets to Fanprice and not to the Fan. Under no circumstances should the Ticket
Holder contact the fan directly or attempt to contact the fan about this or
future transactions. (b) Payment
i. Once Ticket Holders’
Tickets are delivered to the Fans and/or uploaded and confirmed by
Fanprice.com, Ticket Holders shall receive funds for the sale equal to the
selling price of their tickets minus a 15% commission in their Fanprice.com
account.
ii. Although Funds are
immediately placed in the Ticket Holders’ Fanprice.com account, they are
considered UNCONFIRMED FUNDS until one of the following conditions are met. (a)
Four
days has passed since the event has taken place and Fanprice.com has not
received a complaint from the Fan about the validity of the tickets; (b)
Ticket
Holders have had an active account with Fanprice.com for 2 years or more with
at least 20 total transactions per year; (c)
Ticket
Holders have been confirmed as a licensed reseller of Tickets; (d)
Ticket
Holders have contacted Fanprice.com and provided information requested by
fanprice.com to be confirmed as a
verified reliable Ticket Seller. All
such determinations are at the sole discretion of fanprice.com.
iii. Unless otherwise restricted as stated within this agreement, Funds in a
Fanprice.com account can be withdrawn at any time at the request of the
account holder by check or electronic deposit. Funds can also be used to make purchases on
Fanprice.com.
iv. No one can withdraw and/or use more than $1,000 (one thousand US
Dollars) in UNCONFIRMED funds during any 6 month period. There is no restriction on CONFIRMED FUNDS.
v. You agree that payments may be withheld if (a)
A sale is cancelled for any reason; (b)
Fanprice.com believes that you have committed
fraud or otherwise engaged in illegal activity; (c)
You are unable to fulfill an order with the exact
seats you represented at the time of acceptance or offer satisfactory
substitutions, which are determined by Fanprice.com in its sole discretion. (d)
An adjustment had to be made due to our Ticket
Guarantee (e)
You otherwise owe money to Fanprice.com (e.g. An event has been cancelled). (c)
Delivery
i. Ticket Holder must guarantee Delivery by the Delivery Date provided by
the Fan.
ii. Once providing a Shipping Date, the Ticket Holder is guaranteeing
shipment by that date. If Ticket Holder
cannot ship by that date, it is Ticket Holder’s responsibility to contact
Fanprice.com and provide a new shipment date.
If such date is after the Fans’ offer expiration date or If Ticket
Holder fails to ship by the shipment date and continues to fail to ship for 5
business days or the date of event, whichever comes first, Fanprice.com
reserves the right to cancel the order and purchase comparable or similar
tickets to fulfill Fanprice.com’s Ticket Guarantee. (d)
Ticket Guarantee
i. By Accepting an
Offer, Ticket Holders are responsible for fulfilling the order with the same
tickets that the Ticket Holder represented.
If the Ticket Holder is unable to fulfill the order with the same
tickets or satisfactory replacements, the Ticket Holder will be responsible for
the costs of obtaining comparable or superior tickets to replace the
unfulfilled order. What is or is not a
satisfactory replacement is the sole discretion of Fanprice.com.
(a)
When a Ticket Holder Accepts
an Offer, we charge the Fan’s credit card for the Total Transaction
Cost. The credit card information is
provided only to Fanprice.com and not to the Ticket Holder. Ticket Holder will be compensated for the
sale as stated above. (b)
If a Ticket Holder fails to
fulfill an order, Fanprice.com will charge the Ticket Holder’s credit card to
obtain replacement seats to fulfill the order. (c)
If a Ticket Holder’s seats
fail to fulfill the order in any way, including but not limited to,
fraudulent tickets, incorrect tickets, stolen tickets, double printed
tickets, Fanprice.com reserves the right to charge the Ticket Holder’s credit
card to satisfy the Fans (e.g. issuing credits, gift certifications,
replacement tickets to a similar event.). (d)
You agree that Fanprice.com
may charge a credit card if (a)
A sale is cancelled for any reason; (b)
Fanprice.com believes that you have committed
fraud or otherwise engaged in illegal activity; (c)
Ticket Holders are unable to fulfill an order with
the exact seats represented at the time of Acceptance or offer satisfactory
substitutions, which are determined by Fanprice.com in its sole discretion; (d)
An adjustment had to be made due to our Ticket
Guarantee; (e)
You otherwise owe money to Fanprice.com (e.g. An event has been cancelled).
(a)
ILLEGAL ACTIVITY
i. You agree not to use this site in any way that would be considered
unlawful.
ii. You agree to comply with all international, federal, state and local
laws that apply to any activity you perform on the site, including, but not
limited to, the transfer of event tickets for greater than face value.
iii. You agree to supply Fanprice.com with true and accurate information
regarding your account. Fanprice.com
will cooperate fully with all and any law enforcement agencies should you
provide Fanprice.com with a false name, address and/or stolen or otherwise
falsified credit card information.
iv. You agree not to sell any property that is stolen, or otherwise
acquired illegally or suspected of being stolen and/or otherwise acquired
illegally. Fanprice.com will cooperate
fully with any and all law enforcement agencies and encourage the prosecution
of any such individual who sells and/or attempts to sell such property on
Fanprice.com. (b)
DISPUTE RESOLUTION – RELEASE OF LIABILITY
i. If Fans are dissatisfied with their purchase in any way, they agree to following the rules as set forth in the Ticket Guarantee
section of the Fan Offer Agreement.
Even though tickets are being delivered by the Ticket Holders, the
tickets are being sold by Fanprice and Fans should
contact Fanprice directly for any dispute related
directly to the transaction.
ii. FANPRICE.COM ACTS AS
A MARKETPLACE ONLY, TO FACILITATE TRANSACTIONS BETWEEN FANS AND TICKET
HOLDERS. FULFILLMENT OF ORDERS, INCLUDING DELIVERY OF TICKETS,
IS THE RESPONSIBILITY OF THE TICKET HOLDER. IF YOU HAVE A DISPUTE WITH ONE OR
MORE MEMBERS NOT RELATED TO THE SPECIFIC TRANSACTION, YOU RELEASE
FANPRICE.COM AND ALL AFFILIATED COMPANIES, OFFICERS, DIRECTORS, AGENTS,
PARENTS, SUBSIDIARIES, LEGAL REPRESENTATIVES AND EMPLOYEES FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ACKNOWLEDGE
THAT (c)
GRANT OF LICENSE
i. You grant
Fanprice.com the right to reproduce, modify, publish and display on the Site
and on the sites of our partners and affiliates any content you may provide
to Fanprice.com in connection with your use of the site and its Services. Further, you grant Fanprice.com the right
to use such information in connection with any of Fanprice.com’s
marketing, promotion and publicity efforts in any and all media throughout
the universe in perpetuity. (a)
Such
grants expressly include any submissions for “Fan of the Day” and/or “Slogan
of the Day”. You expressly understand
and agree that any videos and/or slogans submitted to Fanprice.com become the
property of Fanprice.com and can be used in any manner Fanprice.com so
decides, including, but not limited to, editing, modification, splicing, for
the purpose of third party copyright compliance and/or any other reason
Fanprice.com so decides.
ii. The Grants in this
provision herein shall comply at all times with the information contained in Fanprice.com’s Privacy Policy. At no time shall any information be shared
or used in a way that contradicts the Privacy Policy. If you object to your information being
used in accordance with this section and/or the Privacy Policy, please do not
use the services offered by this Site. (d)
VIOLATION OF TERMS
i. Fanprice.com has the
right to investigate complaints and violations of its policies. If necessary, you agree to supply
Fanprice.com with information necessary to complete such investigation,
including, but not limited to, information about the source of a ticket, your
right to purchase a ticket or the price you paid for a ticket.
ii. Fanprice.com, may,
in its sole discretion, take any action it deems appropriate, including, but not
limited to, suspending service, denying access to the Site, removing an
Offer, cancelling an Acceptance, issuing a warning or requesting an Offer be
edited if you (a)
breach
this Agreement or any part thereof; (b)
provide
information that Fanprice.com is unable to authenticate; (c)
refuse
to cooperate in any investigation of a complaint or violation; (d)
participate in conduct we
believe may cause you or other Users liability.
iii. Users understand and
expressly agree that Fanprice.com may withhold any funds due to you for any
sales during the time of any investigations and that Fanprice.com has the
right, in its sole discretion, to determine that the proper remedy for any
such violation is suspension of any payments previously due.
iv. You understand that
Fanprice.com may disclose any information it believes violates any law to the
appropriate authorities. (e)
NO ASSIGNEMNT
i. You may not assign
or transfer this Agreement or any of its rights or obligations, without the
prior written consent of Fanprice.com, which it can refuse in its sole
discretion.
ii.
Nothing in this Agreement is intended to confer
benefits, rights or remedies unto any person or entity other than the parties
hereto and their successors and permitted assigns. Our suppliers and co-brand
partners are third-party beneficiaries of this Agreement
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