Play For Tickets Terms and Conditions
Last Updated: October 25, 2022
PLEASE READ THE FOLLOWING TERMS CAREFULLY
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18 of this Agreement, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You must be at least thirteen (13) years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least thirteen (13) years old; (b) you have not previously been suspended or removed from any part of the Site; and (c) your registration for and/or use of the Site is in compliance with any and all applicable laws and regulations. Additionally, persons under the age of eighteen (18) may not undertake transactions or take other legal acts on this Site without the prior written express consent of a parent or legal guardian, unless permitted by applicable law.
2. CONTENT OWNERSHIP
This Site is owned and operated by Play For Tickets, LLC (“PFT”, “we” or “us” used herein). Unless otherwise noted on the Site, all digital platforms, media and information relating to and/or on the Site, including without limitation all visual interfaces, graphics, design, compilation, information, audio, video, data, online services, text, pictures, games, animation, computer code (including source code or object code), products, software, services and all other elements of the Site (“Content”) are protected by exclusive rights, copyrights, trademarks, service marks, patents and/or other proprietary rights of PFT or third parties who have licensed PFT to make such Content available to Site users. PFT, on behalf of itself, its Content providers and licensors, expressly reserves any and all intellectual property rights in all Content accessible through this Site. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your registration with the Site, your use of the Site or your payment (if applicable) to PFT or any third party in exchange for the ability to access and view particular Content.
3. PERMISSIBLE USE AND LICENSES; PROHIBITED CONDUCT
3.1 PFT maintains the Site for your personal entertainment and enjoyment, and all use of the Site and Content is for your private, noncommercial viewing and use ONLY. Through the Site, PFT and third-party Content providers make their Content available to Site users, including you, subject to certain written and/or electronic restrictions which may limit your access to or use of the Content on a title-by-title basis (e.g., time and geographic restrictions, membership level restrictions). You acknowledge that PFT or its licensors may include digital rights management technology in the Content, and that such technology may “time out” or automatically disable your ability to view and use certain downloaded or streaming Content after a stated period of time.
3.2 Subject to your complete and ongoing compliance with these Terms under this Agreement, PFT grants you, solely for your personal, private and non-commercial use in accordance with this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
3.3 Except and solely to the extent such a restriction is impermissible under applicable law or as otherwise stated by PFT in these Terms, you may not: (a) reproduce, distribute, transmit, perform, republish, rebroadcast, translate, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any of the Site or Content; (b) make modifications to the Site; (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism; (d) use the Site and/or Content so as to violate any copyrights, trademarks, patents, trade secrets, privacy or publicity rights, or any other intellectual property rights of PFT or any other third party; (e) use the Site and/or Content so as to violate any communications regulations or statutes, or any other local, state, national, or international laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions; (f) interfere with the Site’s service to any user, host or network, including without limitation via means of submitting a virus to the Site or its users, overloading, “flooding”, “spamming”, mailbombing”, or “crashing”; (g) “mirror” or frame any Content contained on or through the Site by any means; (h) remove, decompile, disassemble or reverse engineer any Site software or Content; (i) use any robot, spider, bot, or other automatic device or process to monitor or copy any portion of this Site or any Content; (j) test, probe or scan the vulnerability of the Site or breach security or authentication measures; (k) use the Site for the purpose of gathering information for or transmitting unsolicited email, including promotions and/or advertising of products or services; (l) export or re-export the Site, Content or any portion thereof, or any software available on or through the Site, in violation of any applicable export control laws or regulations; (m) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission, or falsifying your age or date of birth; and/or (n) assist or permit any person in engaging in any of the acts described in this paragraph.
3.4 If you are prohibited under applicable law from using the Site, you may not use it. If you violate this Agreement, your permission to access and use the Site will automatically terminate as determined by PFT in its sole discretion.
4. ACCOUNTS AND REGISTRATION
To access some features of the Site, you may be required to register and create a personal account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, date of birth, address, email address, or other contact information (or such other form of identification as we may require). You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org. Furthermore, we reserve the right, and you authorize us, to use all information about you in a manner consistent with these Terms.
5. UNSOLICITED SUBMISSIONS TO PFT
In order to avoid potential misunderstandings and conflicts, we do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. All unsolicited creative materials, suggestions, ideas or other information communicated by you to PFT (“Submissions”) will be deemed the property of PFT, and without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, including without limitation the unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Submissions in any manner and for any commercial or other purpose whatsoever, including without limitation to improve the Site and create additional Content (including without limitation new products and services), without compensation to you or any other person who contributed to the Submission. We will not be required to treat any Submission as confidential or subject to a proprietary interest owned by you or any other person who may have contributed to the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not PFT, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
6. THIRD PARTY CONTENT AND SITES
6.1 You agree that PFT’s third-party Content providers, and not PFT, are entirely responsible for all third-party Content and any other information that such Content providers make available through the Site. You also agree that, to the extent Site users post any information on the Site, those users, and not PFT, are entirely responsible for all information posted by them. PFT and its licensors do not guarantee the accuracy, integrity or quality of such Content or information. Neither PFT nor its licensors shall be liable in any way for any Content or other information made available on the Site, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission.
6.2 PFT may provide tools through the Site that enable you to export information, including User Content (defined in Section 7 herein), to third party services, including through features that allow you to link your account on PFT with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using these tools, you agree that PFT may transfer that information to the applicable third-party service. Third party services are not under PFT’s control, and, to the fullest extent permitted by law, PFT is not responsible for any third-party service’s use of your exported information.
6.3 Additionally, inclusion of links from our Site to any third-party website or other third-party digital platform or medium does not imply our approval or endorsement of the third party and/or such third-party website or other digital platform or medium. If you decide to leave our Site and access the third-party sites, you do so at your own risk. PFT is not responsible for the availability of such external sites and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that PFT will not be liable 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 through any such third-party sites.
6.4 The Site may include or incorporate third-party software components (“Third-Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
7. USER CONTENT
7.1 Certain features of the Site may permit users to upload content to the Site, including without limitation photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site.
7.2 By providing User Content to or via the Site, you grant PFT an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
7.3 PFT disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site. By providing User Content via the Site, you affirm, represent, and warrant that:
(A) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize PFT and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by PFT, the Site, and these Terms;
(B) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PFT to violate any law or regulation; and
(C) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
7.4 We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. PFT may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PFT with respect to User Content. If notified by a user or User Content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, PFT does not permit copyright-infringing activities on the Site.
8. COMPLAINTS AND INVESTIGATIONS
In order to ensure that PFT provides a high-quality Site that is in compliance with all applicable laws, PFT reserves the right to access your account and information to investigate complaints or allegations of abuse against you. PFT does not have an obligation to inform you of any complaints against you or the commencement or results of any investigation. PFT has no obligation to investigate any complaint made by you or against you. We reserve the right, but have no obligation, to take any action we deem appropriate following an investigation, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any relevant information, including without limitation your contact information, usage history, posted materials, IP addresses and traffic information.
9. SERVICE RESTRICTIONS
We reserve the right to refuse service, including registration, subscription or any transactions, to anyone for any reason or no reason. You agree that PFT, in its sole discretion and without advance notice to you, may terminate, suspend or otherwise place restrictions on your account, password or use of the Site, for any reason or no reason. Upon termination of your account, you must cease use of the Site, erase any Content from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with the Site and all related documentation and all copies and installations thereof. You agree that PFT and its licensors will not be liable to you or any third party for any refusal of service, suspension, termination or other restriction of your access to or use of the Site or any third party’s access to or use of the Site.
10. MODIFICATION OR INTERRUPTION OF SERVICE
PFT reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without advance notice to you. You agree that PFT and its licensors will not be liable to you or to any third party for any modification of the Site or any interruption of the availability of the Site, regardless of reason or duration. PFT reserves the right to modify the price of any fee-based service or feature within the Site at any time without need for advanced notice. PFT is not responsible for any error in copy, images, or video relating to any service or feature of the Site.
PFT and those acting on our behalf may send you text (SMS) messages at the phone number you provide us, including to verify your account upon registration. When you provide your phone number, you agree to receive messages from us. These messages may include operational messages about your use of the Site, account verification, and password reset instructions. You may update the phone number associated with your account at any time through the Site or by sending an email to email@example.com. Operational text messages are essential to the Site. If you do not wish to receive operational text messages from us, do not use the Site. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Site. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. Additionally, we may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
12.1 We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:
Play For Tickets, LLC
ATTN: Copyright Notification
6787 W. Tropicana Avenue, Suite 233
Las Vegas, Nevada 89103
12.2 Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:
(A) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(B) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) A description of the material that you claim is infringing and where it is located on the Site;
(D) Your address, telephone number, and email address;
(E) A statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(F) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
12.3 PFT will promptly terminate the accounts of users that are determined by PFT to be repeat infringers.
13. MODIFICATION OF THESE TERMS
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Site. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. However, and notwithstanding the foregoing or anything herein to the contrary, your continued use of the Site constitutes your agreement to any updated Terms on a prospective basis.
14. TERM, TERMINATION AND MODIFICATION TO SITE
14.1 These Terms are effective beginning when you accept the Terms or first access or use the Site and ending when terminated as described herein.
14.2 If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, PFT may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at firstname.lastname@example.org.
14.3 Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access your account or the Site; (c) you must pay PFT any applicable unpaid amount that was due prior to termination; and (d) all applicable payment obligations accrued prior to termination and Sections 2, 3.3, 14.3, 15, 16, 17, 18, and 19 will survive.
14.4 PFT reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. PFT will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify PFT and its owners, members, officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “PFT Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. DISCLAIMERS; NO WARRANTIES
FOR PURPOSES OF THIS AGREEMENT, THE TERM “SITE CONTENT” SHALL MEAN ANY AND ALL CONTENT, USER CONTENT AND THIRD PARTY CONTENT RELATING TO THE SITE.
THE SITE AND ALL SITE CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PFT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL SITE CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PFT DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY SITE CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PFT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR PFT ENTITIES OR ANY SITE CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PFT ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING WITHOUT LIMITATION USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PFT DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT PFT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PFT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO SITE CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TICKET HOSS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PFT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PFT FOR ACCESS TO AND USE OF THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, SITE CONTENT OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SITE CONTENT.
18. DISPUTE RESOLUTION AND ARBITRATION
18.1 In the interest of resolving disputes between you and PFT in the most expedient and cost-effective manner, and except as described in Sections 18.2 and 18.3, you and PFT agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 Despite the provisions in this Section 18, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3 If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within thirty (30) days after the date that you agree to these Terms by sending a letter to Play For Tickets, LLC, Attention: Legal Department – Arbitration Opt-Out, 6787 W. Tropicana Avenue, Suite 233, Las Vegas, Nevada 89103, that specifies: your full legal name, the email address associated with your account on the Site, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once PFT receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.3. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4 Any arbitration between you and PFT will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PFT. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
18.5 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). PFT’s address for Notice is: Play For Tickets, LLC, 6787 W. Tropicana Avenue, Suite 233, Las Vegas, Nevada 89103. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you or PFT may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or PFT must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by PFT in settlement of the dispute prior to the award, PFT will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) Ten Thousand U.S. Dollars ($10,000).
18.6 If you commence arbitration in accordance with these Terms, PFT will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in York County, South Carolina, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse PFT for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
18.7 YOU AND PFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PFT agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
18.8 If PFT makes any future change to this arbitration provision, other than a change to PFT’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to PFT’s address for Notice of Arbitration, in which case your account with PFT will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
18.9 If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if PFT receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.3 will govern any action arising out of or related to these Terms.
19.2 Third Party Beneficiaries. You and PFT acknowledge and agree that all PFT Entities (excluding PFT) are third party beneficiaries of this Agreement. In addition to PFT’s rights therein, the provisions contained in Section 3 are made expressly for the benefit of the PFT Entities and are enforceable by the PFT Entities.
19.3 Governing Law. These Terms are governed by the laws of the State of North Carolina without regard to conflict of law principles. You and PFT submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Mecklenburg County, North Carolina for resolution of any lawsuit or court proceeding permitted under these Terms.
19.5 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from any portion of the Site (together with all Agreements, the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.7 Contact Information. The Site is offered by Play For Tickets, LLC, located at 6787 W. Tropicana Avenue, Suite 233, Las Vegas, Nevada 89103. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
19.8 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
19.9 No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
19.10 International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
Last Updated: October 21, 2022
1. INFORMATION WE COLLECT. We may collect a variety of information from or about you or your devices from various sources, as described below.
1.1 Information You Provide to Us.
(A) Registration and ID Information. When you register to use the Site, we collect and retain your name, phone number, email and zip code and other pertinent personal information. We also collect this information whenever you make updates the aforementioned information.
(B) Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our customer support team, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you subscribe to our newsletter or other emails, then we will collect certain information from you, such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Site.
(C) Payment Information. If you make a purchase through our Site, your payment-related information, such as credit card or other financial information, is collected by our third-party payment processor on our behalf.
1.2 Information We Collect When You Use Our Site.
(A) Device Information. We receive information about the device and software you use to access our Site, including IP address, web browser type, operating system version, phone carrier and manufacturer, device identifiers, mobile advertising identifiers, and push notification tokens.
(B) Usage Information. To help us understand how you use our Site and to help us improve it, we automatically receive information about your interactions with our Site, like the features you use, and the dates and times of your visits.
(C) Information from Cookies and Similar Technologies. We and third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Site. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential.
2. HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect:
- To provide, maintain, improve, and enhance the Site;
- To understand and analyze how you use the Site and develop new products, services, features, and functionality;
- To communicate with you, provide you with updates and other information relating to the Site, provide information that you request, respond to comments and questions, and otherwise provide customer support;
- For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
- To facilitate transactions and payments;
- To find and prevent fraud, and respond to trust and safety issues that may arise;
- For compliance purposes, including enforcing our Terms or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
- For other purposes for which we provide specific notice at the time the information is collected.
3. HOW WE SHARE THE INFORMATION WE COLLECT
3.2 Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Site.
3.3 Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. To help us understand how you use the Site and to help us improve it, we automatically receive information about your interactions with the Site, like the functionality you use and the dates and times of your visits.
3.4 As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety.
3.6 Consent. We may also disclose your information with your permission.
4. YOUR CHOICES
You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative and/or operational messages from us.
5. THIRD PARTIES
We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.
7. CHILDREN’S PRIVACY
8. YOUR CALIFORNIA PRIVACY RIGHTS
If you reside in California and have provided your personal information to us, you have the right to: request information about the categories and sources of personal information collected about you, and the associated purposes for collection and third-party disclosures; request a copy of your personal information; request deletion of your personal information; and opt out of the sale of your personal information. Such requests must be submitted to us in writing at the following address: Play For Tickets, LLC, 6787 W. Tropicana Avenue, Suite 233, Las Vegas, Nevada 89103. Please note that to process your request, we must be able to verify your identity as the owner of the account you are inquiring about. We may not be able to fulfill your request until we can do so. Although you do not need to have an account to submit a request, we may not be able to locate certain information to process your request if you do not have one.
9. YOUR NEVADA PRIVACY RIGHTS
If you reside in Nevada and have provided your personal information to us, you have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services (as that term is defined under the Nevada privacy laws in NRS Chapter 603A as amended).
10. INTERNATIONAL VISITORS
Our Site is hosted in the United States and intended for visitors located within the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including personal information, on or to the Site, you consent to such transfer, storage, and processing. You have the right to opt out of cookies, and to access, correct, delete, restrict or object to our use of your personal information. If you would like to exercise any of these rights, please submit your request in writing to Play For Tickets, LLC, 6787 W. Tropicana Avenue, Suite 233, Las Vegas, Nevada 89103. We process personal information to fulfill contracts with you and to provide services you have requested, or otherwise to pursue our legitimate business interests. Note that your information will be transferred outside of your foreign locale, including to the United States.
11. UPDATE YOUR INFORMATION AND YOUR PRIVACY RIGHTS
You can update your account and profile information through options presented on the Site. You may change your account information or close your account at any time by logging into your account and adjusting your account settings. If you close your account or request that we delete your account, you may lose access to Content you have purchased. When you close your account, we may preserve your account information to (a) let you know about new offers and Content; (b) restore your account, if you ever wish to re-subscribe; and (c) where we believe in good faith that preservation is necessary to enforce our rights.
13. OUR CONTACT INFORMATION