EVENTIM | Buy Original Tickets for Concerts, Sports and More

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The following Purchase Policy terms (“Purchase Policy”) applies to the purchase process on and ticket purchases made through the EVENTIM US websites and mobile applications, including but not limited to www.eventim.com, www.eventim-exchange.com, and any other websites, services, or communication that link directly or indirectly to this Purchase Policy (collectively, the "Site"), which is provided by EVENTIM USA LLC and its respective affiliates, parent company and subsidiaries (collectively “EVENTIM,” “we,” or “us”). Please also review the EVENTIM Terms of Use (the “Terms”), which govern your (or anyone that is acting with your authority or permission) use of the Site and your purchase, possession, and use of any tickets, products or services purchases through the Site.

Notice of Arbitration and Class Action Waiver: PLEASE READ THE TERMS OF USE AND PURCHASE POLICY CAREFULLY BEFORE USING THE SITE. By using our Site in any way, including by purchasing Tickets, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION or small claims dispute procedures and you agree to waive your rights to a jury trial and your rights to participate in a class action suit. Please read the Arbitration Agreement in the Terms of Use for all terms and conditions governing arbitration, class action wavier, and jury trial waiver.

We reserve the right to update and make changes to this Purchase Policy at any time effective immediately upon posting on the Site or, at our election, by providing notice to you as otherwise permitted under applicable law. By purchasing any Tickets, products, or services through the Site, you agree to be bound by any such changes and should periodically visit this page to determine the then-current terms of the Purchase Policy to which you are bound. If you violate the terms of this Purchase Policy, EVENTIM may terminate your use of the Site, bar you from future use of the Site, cancel your Ticket order(s), and/or take appropriate legal action against you.

1. Definitions

"Event" means an entertainment event, including, without limitation, a concert, exhibition, sports, theatrical and/or music event.

"Tickets" means tickets or other types of evidence (including electronic tickets, passes or other approved means of entry) for an Event sold by EVENTIM with permission of the Rights Holder for the right to occupy space at or to attend an Event.

"Venue" means any facilities or locations of any nature where the Event is being held.

"Rights Holder" means the person, firm, company, or other non-EVENTIM third party which (a) organizes, promotes, performs, or otherwise provides Events, or (b) holds Tickets to an Event(s) or the right to sell, distribute, or allocate Tickets to an Event(s). Rights Holders include, without limitation, artists, Venues, teams, fan clubs, promoters and/or Event organizers, and leagues.

"Non-Ticketed Items" means any items other than Tickets, or packages that include Tickets, sold via the Site, such as merchandise.

2. EVENTIM’s Role and Responsibility

EVENTIM sells Tickets for Events that have been allocated to EVENTIM by a Rights Holder. We generally act as agent for the Rights Holder when selling Tickets to Events on our Site. EVENTIM is not responsible for the organization or staging of the Event, and has no control over, or liability for, cancellation, rescheduling, postponement, moving of or for any material or other changes to any Event.

Our Site also lets Ticket purchasers list Tickets for resale on our EVENTIM.Exchange service in accordance with these terms. If you purchase a resale ticket through our Site, you will be purchasing that ticket from directly from a third party reseller (such as other individuals or fans), not from EVENTIM or from the Rights Holder. You will thus be entering into a contract with the seller of the resale Ticket for the sale and transfer of the resale Ticket to you.

We do not guarantee the authenticity of, and have no responsibility for, Tickets purchased from any source other than our Site, such as from other sites, exchanges, marketplaces, or platforms, or from brokers, individuals, other parties, irrespective of whether the ticket was originally sold by us or has EVENTIM branding. Tickets that are obtained from sources other than directly through our Site may be lost, stolen, or counterfeit, and, if so, are void. We recommend that you purchase Tickets directly through the EVENTIM Site, from the applicable Rights Holder, or from the venue box office for Ticket authenticity.

3. Tickets; Pricing and Other Errors

All Tickets are offered subject to availability and to this Purchase Policy and the Site Terms. You should read this Purchase Policy and the Site Terms carefully prior to confirming your order. Any queries relating to the Tickets or your order should be raised with us prior to purchase, as confirming your order constitutes acceptance of this Purchase Policy and the Site Terms. Tickets to Events may sell out quickly or We may have limited availability, so we do not promise or guarantee the availability of Tickets.

A valid Ticket must be produced to enter the property or Venue for an Event. Any Ticket purchased via our Site is a revocable license, valid only for the Event, date, time, and seat location issued. Removing any part of, altering or defacing the Ticket may invalidate your Ticket.

It is your responsibility to check your Tickets to ensure they are correct. In the event of an error, regardless of the cause or nature of the error, it cannot always be rectified. Accordingly, please check your Tickets carefully on receipt and contact us immediately if there is an error. We accept no liability or responsibility for any failure to so rectify, nor will we accept any liability to reimburse you for any amount paid by you, any travel, or any other expenses that you may incur arising from or in connection with any such errors. We reserve the right to cancel the Ticket (or order for that Ticket) and refund you the amount you paid.

If we discover an error in the price of Tickets you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order and receiving a full refund from us. If We are unable to contact You, or do not receive a timely response from you, You agree that We may treat the order as cancelled.

We will not be responsible for any Ticket that is lost, stolen, damaged, or destroyed. It is not always possible to issue duplicate tickets. For example, even for non-seated Events where there is a possibility of both the original and duplicate tickets being used, issuing duplicate tickets could compromise the licensed capacity of the Venue. Duplicates are therefore issued at the sole and exclusive discretion of the applicable Rights Holder and/or Venue. If duplicates are issued, services fees and/or administrative charges may be levied.

We and the Rights Holder reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket.

Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required in which event you will be obliged to provide at any such time proof of your entitlement to the concession.

Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.

Further, with respect to resale tickets purchased from EVENTIM.Exchange: Prices of resale tickets are set by the reseller and are subject to change at any time prior to Order Confirmation. We do not guarantee that you will be able to purchase the Tickets for the prices shown on our Site, or that such Tickets will be available, until you have received an Order Confirmation. We are not responsible for any typographical or system errors within the Ticket inventory listed for sale. If an error is found while processing your order, you will be notified of the error and a substitution will be made when available, at no additional cost, or we will issue a refund. Please check your Tickets carefully once they arrive, and please contact us if you have any questions regarding the Tickets you received.

4. Price and Order and Payment Processing

Since we sell Tickets for Events allocated to us by a Rights Holder, EVENTIM does not set the Ticket price or determine seating locations. Rights Holders typically set the price for the Tickets. The price of the Ticket shall be the price set at the time We accept your order.

Our Site also facilitates Ticket resale transactions via our EVENTIM.Exchange service, but we do not set the prices of resale Tickets or determine seating locations of those resale Tickets; prices are set by the applicable reseller of the Ticket. Please be aware that resale Tickets are often posted for sale on our Site at prices that are higher than their original prices. THE PRICE THAT YOU PAY FOR RESALE TICKETS MAY THEREFORE BE HIGHER THAN THE FACE VALUE PRINTED ON THE TICKETS.

Tickets are usually subject to a per Ticket service fee and per order processing fee, among other applicable fees or surcharges, as well as delivery fees (which vary based on delivery location and shipping method). Unless otherwise indicated at the time of purchase, Our delivery times and service fees for tickets are Event-specific, and will be in connection with your purchase of Tickets for the Event. We may collect tax as required by applicable laws. Unless otherwise stated at the time of purchase, all Ticket prices do not include any applicable taxes, service fees, order processing fees, delivery fees, or any other fees; all such fees and taxes will be separately identified prior to purchase. By continuing with your purchase, you accept all such fees, taxes, and charges.

Resale Tickets from EVENTIM.Exchange are also typically subject to a sales commission in addition to the any per Ticket service fees, per order processing fees, and other applicable fees and surcharges . Per state and local laws, some resale tickets are subject to tax, which we may display separately or include in the total service fee amount. By placing Tickets for resale with us, or by purchasing resale Tickets, you accept all such commissions, fees, taxes, and charges.

All Ticket prices for Events that occur in the United States are stated in U.S. Dollars. We will charge your designated payment method at the time of purchase for the value of your order, plus any applicable fees, taxes, commissions, and charges. You authorize us to charge your payment method when We bill you for purchase price of the tickets as well as all applicable fees, taxes, and charges incurred by you. We will send you an order confirmation once We have confirmed receipt of full payment (“Order Confirmation”). Your order is not accepted and final until you receive an Order Confirmation. Order Confirmation will be in the form of a confirmation page or email. If you do not receive an Order Confirmation or experience an error message or interruption of service, we may not have received the order request or may not be aware of any service interruption. It is your responsibility to confirm via your account whether the Ticket order has been properly processed.

Your order is also accepted and final if we send you or display to you an Order Confirmation, but the Order Confirmation does not reach you or does not display for you. If you attempt to make an order but do not receive an Order Confirmation, it is your responsibility to confirm via your account whether the Ticket order has been properly processed. We are not responsible for losses (monetary or otherwise) if you assume an order was not placed because you failed to receive an Order Confirmation.

All information on accounts and orders must be valid and are subject to verification. Orders are subject to approval and verification of our payment processor(s) and the issuer of the payment card or method. For security, we reserve the right to cancel or refuse any order in which the billing name and address does not match that of the payment method used for payment, or in which any fraud or suspicious conduct is indicated. If your order is cancelled or refused for any reason, we reserve the right to sell the Tickets to another customer without further notice.

The payment methods we accept are provided on the Site.

5. Order Delivery

Different methods for delivery of Tickets may be available as specified on the Site. The delivery methods available for Tickets you wish to purchase will be displayed at the point of purchase. Generally, Events on our Site may offer the following delivery methods for Events within the United States:

(1) Print@Home
(2) Will Call
(3) US Mail is available to deliver Tickets to addresses within the United States, but – as outlined below – we will only send Tickets via the US Postal Service if you have placed your order with enough time for the Tickets to reach you prior to the date of the Event, as determined by us in our sole discretion. US Postal Service delivery may not be available for all US addresses.
(4) Mobile / in app delivery
(5) Courier delivery

EVENTIM aims to dispatch purchased Tickets as soon as possible. If your Tickets are not being held at the Venue box office, and you have not received your Tickets from EVENTIM seventy two (72) hours prior to the Event, please contact us immediately – and please have your order reference number and the name and ZIP code of the Ticket purchaser ready.

For security purposes, Tickets will only be delivered to the billing address of the payment card holder provided at purchase unless We specifically offer you the option for Tickets to be sent to an alternative address. It is Your responsibility to inform Us of any change to the address, telephone number or email address You have provided us with at the time of purchase.

If Tickets dispatched by US mail, special delivery or registered post are returned to Us as "addressee unknown" (or similar), We reserve the right to cancel your order and Tickets and refund you the face value price of the Tickets (excluding any service fees, processing fees, other applicable fees or surcharges, delivery fees, and applicable taxes).

We reserve the right, in our discretion, to require you to collect some or all Tickets for Events at will call and/or through the Venue box office. If this occurs, You will be notified by telephone, email or in writing of the arrangements for collecting your Tickets at will call. Notice will be provided based on the contact details you provided at the time of ordering. Where you purchase Tickets but there is not enough time to deliver them to you, You will be told at the point of purchase the arrangements for collection of your tickets.

If You are collecting your Tickets from will call at the Venue box office, You must have your Order Confirmation, government-issued identification, and the payment card used to make the order with You; otherwise, you will not be entitled to collect your Tickets. You will be able to collect your Tickets at least one hour prior to the start of the Event, unless otherwise decided by the Venue.

6. Reselling Tickets on EVENTIM.Exchange

You can use our EVENTIM.Exchange service to resell Tickets you have purchased from our Site as long as (a) the Rights Holder has permitted resale and (b) the resale complies with all applicable laws, this Purchase Policy, and our Terms of Use.

To resell your Tickets, use your EVENTIM account to access the EVENTIM Exchange service and create a listing for the Tickets you wish to resell. When your Tickets are purchased, you will be entering a separate contract with the buyer, facilitated by our Exchange service, under which the buyer purchases your Tickets, and under which you authorize us to transfer the Tickets to the buyer in any way we deem appropriate; for example, we may transfer your Tickets to the buyer, or we may cancel your Tickets and reissue equivalent Tickets to the buyer. You will receive a listing confirmation when your resale listing has been accepted by us. If you do not receive a listing confirmation, you may not assume your listing has been accepted; please contact us to confirm the status of your listing.

Resales of Tickets are subject to the following restrictions:

You may only resell Tickets you purchased from the EVENTIM Site. We will not facilitate the resale of Tickets purchased from parties other than EVENTIM or purchased outside of the EVENTIM Site.
Proceeds from resales of Tickets may not be immediately disbursed to you. You agree EVENTIM may delay disbursement to you until after the Event has occurred.
Any information you provide in connection with a listing shall be truthful, accurate and up-to-date; you will immediately update any information in your listing if it is not or no longer truthful, accurate, or up-to-date.
You agree never to provide, post, or include any of the following in connection with a resale listing: (a) personal or contact information of any person; (b) any false, deceptive, or misleading information about the Tickets (e.g. an incorrect description of the Tickets); (c) computer code including cookies, tags (such as HTML tags), or other tracking technologies; (d) any content or action prohibited by our Terms of Use.
You agree you will not solicit personal information, contact information, payment information through or in connection with listings, nor will you take any action designed to solicit or encourage others to disclose such information to you or others.
You agree we are not obligated to accept any resale listing you create or attempt to create, and we may refuse, cancel, or terminate your listing at any time and for any reason.

When you resell Tickets using our Site, you represent and warrant to us that you are reselling the Tickets in compliance with all applicable laws and Rights Holder policies and restrictions. Any unlawful resale (or attempted unlawful resale) of Tickets, including but not limited to counterfeit or copy of Tickets, is grounds for seizure and cancellation of listings and transactions without compensation. Additionally, laws in certain states may impose maximum resale amounts, maximum resale premiums, and other resale restrictions. We are not responsible for providing legal advice to you regarding resale or pricing of Tickets; you are responsible for complying with all applicable ticket resale laws. We reserve the right to restrict or deny Ticket reselling or Ticket purchasing privileges to anyone that we determine to be, or to have been, in violation of our policies (including this Purchase Policy or our Terms of Use) or applicable laws.

7. Opening Acts and Festival Lineups; General Changes to Events or Pricing

Opening acts, openers, special guests, or undercards (each a “Opening Act”) may occasionally tour alongside headlining performers. We are sometimes not made aware of Opening Acts or the duration of their appearances. Opening Acts are subject to change or cancelation at any time without notice. Similarly, we may not be made aware of changes to festival lineups. Festival lineups are subject to change or cancelation at any time without notice. No refunds, credits, or exchanges will be owed if an Opening Act or festival lineup is cancelled or changed.

For Events, no guarantees can be given that the Event will take place at a particular time or on a particular date. The purchase of a Ticket does not obligate any Rights Holder, or any Venue to hold the Event at a particular time or place. We, the Venue and the Rights Holder reserve the right to reschedule, move, or otherwise change any Event, without notice and without any liability whatsoever, except as set forth in this Purchase Policy. The details given on the Tickets of Events are estimated times and locations only, and are subject to change. It is your responsibility to check the final arrangements for any Events for which you have Tickets including the date and start times of any such Event.

We may occasionally offer Tickets at a discount after the original on-sale date. If you purchased a Ticket prior to the date on which the discount became effective, we will not refund the difference between the original price and the discounted price.

8. Refunds, Exchanges, and Credits

All sales on our Site are final and no refunds, credits, or exchanges are permitted. Before purchasing Tickets, you should review the Event time and date, location, Venue, and seat selection carefully. Policies set by Rights Holders generally prohibit us from issuing refunds, credits, or exchanges once Tickets are sold. You will not be entitled to refunds, credits, or exchanges if you made a mistake in the Ticket purchasing process. Similarly, you will not be entitled to any refunds, credits, or exchanges for lost, stolen, damaged, or destroyed Tickets.

Refunds, credits, and exchanges are permitted only in the limited circumstances explained in this Section 8.

Tickets

Events may be canceled, postponed, rescheduled, moved to a different Venue or different date, or otherwise changed (such as, e.g., a change in seat maps). EVENTIM has no control over the cancellation, postponement, rescheduling, movement, or other change to any Event; such decisions are made exclusively by Rights Holders concerning the Event. In general, Ticket sales are final and no refunds are allowed, except as described below; this applies even if an Event is cancelled, rescheduled, postponed, moved, or otherwise changed. We will thus not issue refunds, credits, exchanges, or provide any other remedies, except as set forth in this Section 8(a).

Cancelled Events: If an event is cancelled and not rescheduled, we will issue a refund of the purchase price you paid for your Ticket(s) once funds have been received from the Rights Holder(s) responsible for the Event; also, even when issuing such refunds, EVENTIM reserves the right to retain fees and charges that were assessed in connection with your Ticket purchase to the extent not prohibited by applicable law. Refunds will be issued to the method of payment that was used to purchase the Ticket(s). In some instances, the applicable Rights Holder(s) may provide an option to choose between a refund or a credit. If this occurs, we will send a notification explaining your options and how you may request them; notification will be sent to the contact information under which the Ticket(s) was purchased.

If you resold Tickets for an Event using our Site and that Event is cancelled, proceeds from your resale of the Ticket will be used to refund buyers, after which you will receive a refund (issued to the method of payment you used to purchase the Ticket(s)) if and once funds are received from the Rights Holder(s), or you will receive another option in accordance with the above paragraph. However, if you have already been paid for Tickets you resold prior to the Event being cancelled, your credit card on file will be charged to refund the buyer of your Tickets and, if this is successful, the Tickets will be placed back on your account. Then, you will receive a refund for your original purchase (issued to the method of payment you used to purchase the Ticket(s)) if and once funds are received from the Rights Holder(s), or you will receive another option in accordance with the above paragraph.

Postponement, Rescheduling, Moving of Events: If an Event is postponed, rescheduled, or moved, your Ticket(s) is still valid, and there is no need for action on your part. However, the applicable Rights Holder(s) may authorize us to issue refunds, credits, exchanges, or the option to choose between a refund, credit, or exchange; however, all of policies concerning a possible refund, credit, and/or exchange, if any, will be determined exclusively by the applicable Rights Holder on an Event-by-Event basis, and subject to any restrictions set by the Rights Holder. Additionally, even if a refund is issued, EVENTIM reserves the right to retain all fees and charges that were assessed in connection with your Ticket purchase. If a Rights Holder authorizes refunds, credits, and/or exchanges, we will send a notification (to the contact information under which the Ticket(s) were purchased) explaining your options. Of course, you can also simply keep and use your Ticket(s) to the postponed, rescheduled, or moved Event.

Delay in Entry: Customer acknowledges and agrees that neither Eventim nor the event organizer is responsible for any delays experienced in entering the event, including but not limited to delays caused by excessive wait times. Under no circumstances shall Eventim or the event organizer be liable for any refunds, compensation, or damages of any kind arising from such delays.

Changes to Seat Map: Seating maps are generally representative of a Venue’s layout. However, they are subject to change at any time at the discretion of the Rights Holder and/or the Venue. As an illustration (without limitation), additional seats / rows may be added, or seat locations may change as a result of a Venue change after purchase. If seat locations change prior to an Event – including as a result of a postponement, rescheduling, or moving of an Event – your Ticket(s) is still valid and you can continue to use them. Refunds, credits, and exchanges are not issued for changes to seat locations unless the applicable Rights Holder and/or Venue authorizes us to issue a refund, credit, and/or exchange. As above, you can also simply keep and use your Ticket(s).

Refunds.

• Purchasers of resale Tickets for Events in Illinois, Louisiana, New Jersey, New York, and Utah may be entitled to a refund if: (a) the ticketed Event is canceled and not rescheduled; or (b) the Ticket does not allow you to enter the ticketed Event for reasons that may include, without limitation, that the Ticket is counterfeit or has been canceled by the issuer due to non-payment, unless the Ticket is canceled due to an act or omission by you.
• Purchasers of resale Tickets for Events in Illinois, New York, and Utah may be entitled to a refund if the Ticket fails to conform to its listing description (unless you have pre-approved a substitution of Tickets).
• Purchasers of resale Tickets in for Events in Illinois may be entitled to a refund if you failed to receive the Ticket.
• Purchasers of resale Tickets for Events in Louisiana may be entitled to a refund if the Ticket is not delivered to you in the manner described by our Site or a delivery guarantee made by the reseller, and results in your inability to attend the ticketed Event.

Credits.

Special note about hard stock, third-party resale tickets:

Non-Ticketed Items

With the exception of customized or special-order items, sales of Non-Ticketed Items on the Site are final and no refunds, credits, or exchanges are permitted. In addition, there are no refunds, returns, or exchanges for digital downloads or hotel / festival packages.

For customized or special-order items, exchanges and returns will not be permitted unless the purchased product does not substantially conform to the customization that was specified at the time of purchase. You must examine such customized/special-order purchased items when you receive them and contact our Customer Service within 30 days of receiving the product. To be eligible for a return, purchased items must be unused and in the same condition as delivered to you. Once the returned item is received and inspected/approved for return, a refund will be issued to the payment method used to purchase the item.

Chargebacks

You will not attempt to avoid or circumvent any refund restrictions or policies with regarding to Tickets you purchase. You will not seek to dispute or request a “chargeback” from the issuer of your payment card or method of payment used to purchase Tickets in an effort to evade the refund prohibitions. Should you do so, We reserve the right to cancel your Tickets immediately, in our sole discretion.

9. Rights Holder and Venue Terms

This Purchase Policy is in addition to the applicable rules, terms, conditions, and policies of the Promoter and/or Venue, copies of which are available upon request from the Rights Holder, including the Venue where the Event is held (“Event Rules”). You agree you will comply with the Event Rules, and that it is your responsibility to review the Event Rules prior to the Event. Rights Holders reserve the right, without refund or other compensation or remedy, to refuse admission or to eject any person whose conduct they deem disorderly or out of compliance with their Event Rules. We have no liability to you if you are refused admission to or ejected from an Event by the Promoter and/or Venue.

10. Limitation of Liability; Assumption of Risk; Waiver of Cliams

This Purchase Policy is subject to, and incorporates by reference, the Limitation of Liability set forth in the Terms of Use for the EVENTIM site. In addition and without prejudice thereto, in no event will EVENTIM be liable to you for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, consequential, exemplary, incidental, special or punitive damages of any type, and any rights to have damages increased or multiplied, arising out of or in connection with your purchase of a Ticket or any other product from the Site, your travel to or from an Event, your attendance of an Event, or any other claim arising from or relating to a Ticket, Event, and/or Rights Holder, regardless of whether the claim is based on any contract, tort, strict liability, or other legal or equitable theory, even if such damage was reasonably foreseeable and even if EVENTIM has been advised of the possibility of such damages. For the avoidance of doubt, you agree we will not be liable for any travel, lodging, or any other personal arrangements, costs or expenses incurred in connection with an Event that is canceled, postponed, rescheduled, moved, or materially changed.

Balls, pucks, bats, and other objects and staging from an Event may fly into the audience or spectator area. Without limiting the terms stated on the Ticket or other Rights Holder policies, you voluntarily assume all risks and danger incidental to the Event, occurring prior to, during, or after the Event and irrevocably and unconditionally waive any claims or potential claims for personal injury or death against EVENTIM on behalf of yourself, any minor that may be accompanying you, and anyone who may make a claim on your behalf. You bear all risks for inclement weather conditions. Neither EVENTIM nor the Rights Holder will be responsible for any loss, theft or damage of your personal belongings.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness, including, without limitation, exposure to COVID-19 or any other communicable disease or illness and irrevocably and unconditionally waive any claims or potential claims against EVENTIM on behalf of yourself, any minor that may be accompanying your, and anyone who may make a claim on your behalf relating to such risks, hazards, and dangers.

11. Privacy

For information on how we collect and use personal information, see the EVENTIM Privacy Notice.

12. Resale/Use of Tickets and Property

You may not re-sell or transfer a Ticket if prohibited by law. If applicable law permits you to resell a Ticket(s), all resales must be in full and strict compliance with applicable law and our agreements and policies, including our Terms of Use and this Purchase Policy. Resales or transfers of Tickets may be prohibited for certain Events by the specific terms and conditions of those Events (for example, but not limited to, charity events or events where age restrictions may apply because of content of the entertainment, licensing requirements, or other restrictions). We and Rights Holders reserve the right to treat as void any Ticket that was resold in a manner inconsistent with this Purchase Policy or applicable law, without any refund or compensation to you.

You may not alter Tickets in any way; altered Tickets may be considered void in the absolute discretion of the Promoter and/or Venue.

If you offer a Ticket for resale outside of our Site, you must provide to the buyer full details of the Ticket. Full details include the date, time, and location of the Event, as well as the block or tier, row and seat number for Events with assigned seating. You must also make your buyers aware of this Purchase Policy, the EVENTIM Terms of Use, and any other terms and conditions that are specific to the Event. You should check whether any special terms apply before offering a free Ticket for resale; complimentary tickets are often provided for specific reasons limiting their transferability. When Tickets are resold or transferred outside of our Site, we have no responsibility or liability whatsoever for such resold, brokered, or transferred Tickets, including (but not limited to) if the Ticket is considered void by the Rights Holder or if you are refused entry to the Event.

Tickets may not be used for advertising, promotions, sweepstakes and contests, without the prior express written permission from EVENTIM or the Rights Holder for the Event, as further stated on the applicable Ticket.

13. Void Tickets

Any Ticket obtained in a manner inconsistent with this Purchase Policy shall be void and all rights purportedly conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Tickets are non-refundable.

14. Ticket Limits

Ticket purchases may be restricted to a maximum number or ticket limit. Restrictions may apply to the number of Tickets that can be purchase in a single order, by a single customer or account, within a specified timeframe, or other restrictions on the ability to purchase Tickets. Any such restriction shall be notified to you during the purchase process. We reserve the right to refuse or cancel orders and Tickets purchased in excess or violation of any restriction, without prior notice. Multiple accounts may not be used by an individual to circumvent this ticket limit requirement.

15. Conditions of Admission

The Rights Holder or management of the Venue reserve the right to refuse Ticket holders’ admission to the Venue in reasonable circumstances including any reason relating to the applicable Event Rules, for health and safety, licensing reasons, or where a Ticket is void.

The Rights Holder or management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point, and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:

has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
uses threatening, abusive or insulting words or behavior or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
smokes (save when in a designated smoking area) or use drugs or any illegal substances; or
fails, when required, to produce proof of identity or age; or
use mobile phones or messaging equipment which in the Venue’s opinion could constitute a nuisance to the rest of the audience.

You must comply with instructions and directions given by Rights Holder and/or Venue staff. No refunds will be given to Ticket holders who are refused entry or ejected due to their own behavior as illustrated in, but not limited to, the examples above.

16. Consent to Being Recorded at Events; Grant of License

By purchasing Tickets you agree that Events are public, that your appearance and actions inside and outside the Venue where the Event occurs are also public, and that you have no expectation of privacy with regard to your appearance, actions, or conduct at the Event and/or inside or outside the Venue. You hereby consent to be photographed, filmed, videotaped or otherwise recorded in connection with the Event and/or Venue. You further grant permission to us, the Rights Holder(s), the Venue, our partners, licensees and assigns, to utilize your name, image, voice, actions, statements, and likeness, and any other image or recording thereof in any live or recorded audio, video, or photographic display or other transmission, exhibition, recording, publication or reproduction made of, or at, or about the Event for any purpose (including commercial purposes), 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. You hereby release any claim of ownership (including intellectual-property or moral rights) to any such transmissions, exhibitions, recordings, publications or reproductions, and you hereby release and covenant not to sue the EVENTIM and the Released Parties with respect to any claim relating to your name, image, voice, actions, statements, and/or license.

17. Restrictions; Prohibitions; Recordings and Photographs

The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue or at any Event is strictly forbidden. Unauthorized recordings, tapes, films, video files, or similar items, or devices containing such recordings, tapes, films, may be confiscated and destroyed. Any recording made of an Event, it shall belong to the Rights Holder or Venue, as applicable. The Rights Holder and Venue will not be liable for any loss, theft or damage to confiscated items.

Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials, and shall not otherwise engage in commercial solicitations at Events.

Mobile telephones and messaging equipment must be switched off during the Event.

Alcohol may only be consumed as permitted by local law at the applicable Venue.

Smoking is not permitted unless within a designated smoking area (if any).

The following are not permitted within any Venue:

animals (with the exception of authorized service animals);
laser pens;
Your own food and drink (unless permitted by the Venue);
bottles, cans or glass containers (unless permitted by the Venue);
any item which is or can serve as a potential weapon, including sharp or pointed objects (e.g. knives); and
drugs or other controlled or illegal substances.

The management of the Venue reserves the right to search any person or property that enters, or seeks to enter the Venue at any time. You have no expectation of privacy from such searches. By purchasing Ticket(s), you consent to a search of your person and property and waive any claims against EVENTIM and the Released Parties that may arise from or relate to such a search. If you elect not to consent to a search, you may be denied entry to the Event without refund or other compensation. Searches may confiscate any item which, in the reasonable opinion of the management of the Venue, is illegal or may cause danger, annoyance, aggravation or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.

Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be at a performance interval, but late admission cannot be guaranteed.

Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.

The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.

18. Accessible Seating

Accessible seating locations (such as wheelchair spaces) may only be used by individuals with disabilities and their companions. By purchasing Tickets for accessible seating, you represent and warrant to us and all Rights Holders that you or a member of your party has a disability that requires accessible features provided by the seating locations being purchased. We or Rights Holders may investigate potential misuse of accessible seating. We may, in our sole discretion, cancel an order for accessible seating Tickets that we believe to be fraudulent, wrongful, or improper, and we reserve the right to pursue legal action against individuals who purchase Tickets for accessible seating they do not require, or which is otherwise fraudulent, wrongful, or improper. Rights Holders, including the Venue, may at any time take any action they think proper, and/or which is permitted under the Event Rules, in regards to persons who have Tickets for accessible seating locations but do not need accessible seating, including (without limitation) (i) relocation to other seats, or (ii) immediate removal from the Venue.

19. Health and Safety

Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.

Effective Date: September 23, 2024

By using EVENTIM’s US websites and mobile applications, including but not limited to www.eventim.com, www.eventim-exchange.com, and any other websites, services, or communications that link directly or indirectly to these Terms of Use (collectively, the “Site”), you expressly agree to be bound by the following Terms of Use (the “Terms”) and all applicable laws and regulations governing the Site. These Terms are provided by EVENTIM USA LLC and its respective affiliates, parent company and subsidiaries (collectively “EVENTIM”, “we”, or “us”).

We reserve the right to update and make changes to these Terms at any time, effective immediately upon posting on the Site or, at our election, by providing notice to you as otherwise permitted under applicable law. By using the Site, you agree to be bound by any such changes and should periodically visit this page to determine the then-current Terms to which you are bound. If you violate these Terms, EVENTIM 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.

Notice of Arbitration and Class Action Waiver:

It is important that users are aware of their respective legal rights and obligations when using the Site. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. By accepting these Terms, as detailed below, you agree to resolve any dispute with us through binding arbitration or small claims dispute procedures and you agree to waive your rights to a jury trial and your rights to participate in a class action suit.

Infectious Disease and COVID-19 Waiver:

This Site enables you to buy tickets for events that may be held in-person. There is an inherent risk of being exposed to COVID-19 and other infectious or communicable diseases in any place where people gather, whether indoors or outdoors. COVID-19 is a highly contagious disease that can lead to severe illness, long-term debilitating symptoms, and death. By attending an Event, You assume all risks, hazards, and dangers of arising from or relating to exposure to an infectious and/or communicable disease or illness, including (without limitation) exposure to COVID-19, whether that exposure occurs before, during, or after the Event. You hereby waive any and all claims and potential claims against EVENTIM and its affiliates and any promoter (as defined in our Purchase Policy) arising from or relating to such risks, hazards, and dangers.

1. Permitted Use and Account Registration

The Site is not intended for use by anyone under the age of 16, and no one under 16 is permitted to use the Site. If you use the Site, you represent and affirm to us that you are 16 years old or older. We encourage parents and guardians to closely monitor internet use by their children.

The EVENTIM US website offers tickets to events within the United States. Access to the Site and services may therefore not be appropriate or available in certain countries outside the United States. If you access the Site or purchase tickets from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.

Ticket purchases, as well as other services offered on the Site, require you to set up an account. Each user setting up an account on the Site is responsible for keeping the account information secret and confidential. You agree that you are solely responsible for any communications or other uses made using your account information, as well as for any obligations, which may result from such use. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. You are responsible for updating your account information. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, refuse to complete or cancel your ticket order(s), and to terminate or suspend your account.

2. Conditional License; Access Rights

You agree you are solely authorized to visit, view and to retain a copy of pages of this Site exclusively for your own personal and non-commercial 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 and non-commercial use, and/or to purchase tickets or merchandise for your personal and non-commercial use, unless otherwise specifically authorized by EVENTIM to do so.

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket purchases or sales, or unauthorized use of any robot, spider or other automated device on the Site, may be investigated and any action we deem appropriate taken, including without limitation civil or criminal redress.

3. Purchase Policy

Our Purchase Policy (Terms and Conditions of Sale) govern all purchases of tickets and other products or services on the Site. You will not use ticket bot or ticket purchasing technology to search for, reserve, or purchase tickets through the Site or to circumvent any security measures, access controls, or other technical control features.

4. Privacy

For information on how we collect and use personal information, see the EVENTIM Privacy Notice

5. Ownership of Content

Logos, trademarks, and service marks found on this Site are trademarks of EVENTIM or its licensors, or promoters, venues or artists and may not be used at any time under any circumstances save with the prior written permission of the owner. The software, code, images, information, data, and all other content that is on this Site or otherwise viewable, accessibly, or discoverable via the Site is the property of EVENTIM and/or its suppliers, licensors, or promoters, venues or artists, and is protected by copyright and/or other intellectual property or proprietary rights. Except as expressly stated in the limited rights provided under these Terms, EVENTIM does not grant any express or implied right or license to you under any of its trademarks, copyrights or other intellectual property or proprietary rights.

6. Acceptable Use Policy

When using the Site, you agree that you will:

• Comply with applicable law and regulatory requirements;
• Provide accurate and truthful information; and
• Conduct yourself in a respectful manner.

Further, when using the Site, you agree that you will not do any of the following, and you agree it is a condition precedent to our authorizing your access to and use of the Site, in accordance with these Terms, that you do none of the following:

• Provide false or misleading content or registration information; use the account, user ID, password, or personal information of another user; or disclose your or another user’s account information to others.
• Post or transmit any infringing, libelous, defamatory, obscene, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
• Post or transmit any posting containing (i) the image or likeness of individuals under 18 years of age, (ii) any personal contact information or other personal information identifying any third party, or (iii) material that harasses, victimizes, degrades, or intimidates an individual or group on the basis of religion, race, ethnicity, sexual orientation, sex, gender, age, or disability.
• Use any robot, spider, site search/retrieval application or automatic device on or to access our Site for any purpose without our express written permission, including (without limitation) to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content.
• Use any software, tool, routine, application or system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards, merchandise, or any other items available on the Site. For clarity, you may not use automated ticket purchasing software on the Site.
• Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event.
• Manipulate code, information, or identifiers, including by forging headers, in order to disguise the origin of any listing, posting, or content that you submit.
• Reproduce or scan Tickets in a format or medium different from that provided by the site, or decode, decrypt, modify, or reverse engineer any Tickets or underlying algorithms or barcodes on or in production of tickets or the Site.
• Transmit any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with use of the Site.
• Violate the intellectual property or other rights of EVENTIM or any third parties, including, without limitation, (i) copying, using, disclosing, making derivative works of, or distributing designs, images, artwork, photographs, recordings, videos or other materials or (ii) copying, making derivative works of, or distributing whether directly or through third parties (such as search engines) our technology; or (iii) using the word “EVENTIM” or our logos, or trademarks or logos of any third parties without prior written consent of EVENTIM or the third-party owner of the trademark or logo, as applicable.
• Disclose information that you do not have the consent to disclose (such as confidential information of others and your employer or company).
• Modify the content, programs or other materials on the Site or hack into or access EVENTIM servers or the website. Do not override any security feature or bypass or circumvent any access controls or use limits of the Site.
• “Frame” or “mirror” or deep link to any part of the Site without prior express approval from EVENTIM.
• Impersonate another person, user or any EVENTIM staff, employee, or representative or imply that any statements you make, any content you provide or your services are endorsed or approved by EVENTIM.
• Take actions to interrupt, damage, disable, overburden, interfere with or obstruct, or limit the functionality of, the Site, or any software, hardware or equipment.
• Submit or upload anything that contains software viruses, worms other harmful code, or any other contaminating or destructive devices or features.
• Do anything else that EVENTIM determines, in its sole reasonable discretion, misuses or otherwise negatively impacts our Site.

7. Termination/Access Restriction

We may suspend or terminate, at our sole and absolute discretion, for any reason or for no reason at all, any user account or access to the Site, including if we (i) do not receive payment or are unable to successfully charge an eligible payment method or (ii) believe the user has abused restrictions for the Site, acted inconsistently with these Terms or the law, or acted in a manner harmful this Site or to EVENTIM. EVENTIM is the sole arbiter in cases of suspected abuse, fraud or violation of these Terms, and any decision it makes relating to termination or disabling of an account will be final and binding. We also reserve the right to modify, terminate or withdraw the Site or any features or content on the Site at any time without notice. Upon termination for any reason, you must cease all access to the Site, and we reserve the right to cancel any ticket or merchandise order or refuse to honor pending and future purchases we believe may be associated with you or any person acting with you.

You agree that EVENTIM will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site, or any part thereof. All provisions of these Terms as to limitation and disclaimer of warranties, limitation of liability, EVENTIM’s ownership rights and your representations and indemnities shall survive termination.

We may investigate any suspected violation of these Terms or unauthorized use of the Site. We may take legal action that we feel is appropriate. You agree that money damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of the Terms. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

8. Product and Service Information

Tickets for events depicted on the Site are provided by third party promoters and venues, and products offered on the Site may also be provided by third parties. We make efforts to display and describe the events and products available on the Site accurately and completely. We do not guarantee that the images, services or specifications displayed on the Site are or will remain accurate. We do not monitor or evaluate the quality, reliability or performance of materials relating to the events provided by third party promoters and venues. Your decision to purchase tickets to an event should be based on your own informed evaluation and we are not responsible or liable for the performance or quality of any event or venue.

9. Submissions

We do not intend to accept ideas, concepts or techniques for new services or products through the Site. Notwithstanding the foregoing, you acknowledge that any communication or material you transmit to the Site, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by EVENTIM for any purpose without notice to you and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to EVENTIM of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission. By providing a Submission, you represent and warrant that you own or otherwise control all of the rights to that Submission including, without limitation, all the rights necessary for you to provide that Submission and for EVENTIM to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell that Submission.

10. Your Content

By submitting, displaying, publishing or posting comments, text, images, photos, audio or video recordings, or other content that you submit for posting on the Site (“Your Content”), you grant to EVENTIM, its affiliate entities and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works of or based on Your Content for any commercial and non-commercial purposes in any media, now known or hereafter created, as We may determine, in our sole discretion, without the need for any acknowledgment or compensation to you or anyone else. You further acknowledge that We may make Your Content available for access and viewing by other users of the Site. You agree we are not obligated to post, display or otherwise use Your Content, or to attribute Your Content to you. By submitting Your Content to the Site, you agree you will not make or authorize any claim against us that our use of Your Content infringes any of your or any other person’s rights, and you waive any right to make or authorize such a claim.

If you save Your Content as part of the Site with your account, we have the right to store Your Content for access by you at a later date. We may delete Your Content after a reasonable period of time consistent with then-current Site policies, or upon suspension or termination of your account. Your Content may become inaccessible or deleted for other reasons and you cannot and should not rely on the Site for storage or archiving of Your Content. As a result, we suggest that you create back-up copies of Your Content.

You are responsible for all Your Content. By submitting Your Content to our Site, you represent and warrant that you own or have all necessary permissions to display, publish, and/or post Your Content on the Site, including (without limitation) (i) Your Content is your own original work or is being posted with the permission of the owner of that content, (ii) the content does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity, and (iii) you have the written permission of every identifiable person in Your Content to use that person's name, image, and likeness in the manner contemplated by the Site and these Terms (or, if the person is a minor, the written permission of the minor’s parent or legal guardian). You may not share photos and posts that you do not have a right to share in their entirety. Please note that we reserve the right to remove content or information if we believe it violates these Terms.

11. Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you are a copyright owner or an agent thereof and you believe that any content or link on the Site infringes upon your copyrights, you may submit a notice pursuant to the DMCA by providing our Copyright Agent the following information in writing:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that we can contact you (for example, your address, telephone number, email address);
• A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your physical or electronic signature.

EVENTIM’s designated DMCA copyright agent to receive notices of infringing material is:

Copyright Agent
EVENTIM USA LLC
307 5th Avenue, 6th Floor
New York, NY 10016
copyright-agent@eventim.com

Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access to material in response to such a notice, we will make a good-faith attempt to contact the uploader of the affected material so that they may make a counter-notification, also in accordance with the DMCA. We may also document notices of alleged infringement on which we act. Your complaint will also be filed and retained in accordance with the document retention policy of EVENTIM.

Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights. EVENTIM will, in appropriate circumstances, terminate the account or access rights of a user who is a repeat infringer.

12. Parental Responsibilities

Parents and guardians are responsible for deciding what tickets and materials are appropriate for their children to view and purchase. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

13. Links to Third Party Websites

The Site contains products and services offered by, and hypertext links to sites owned or operated by, parties other than EVENTIM (“Linked Sites”). Links to third-party sites are provided for your convenience only. EVENTIM makes no representations whatsoever about any other website which you may access through the Site. When you leave the Site, please understand that EVENTIM has no control over the content or the privacy practices of that Linked Site. In addition, a link to a non–EVENTIM website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. It is up to you to take precautions to ensure that links you select or software that you download is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

14. Disclaimer of Warranties

THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE, AND EVENTIM, ITS AFFILIATES (INCLUDING EMC PRESENTS LLC), THIRD–PARTY CONTENT PROVIDERS, CONTRACTORS, PROMOTERS, VENUES, SPONSORS, LICENSORS AND THE LIKE, AND ALL SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES.

WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT (I) YOUR USE OF ANY CONTENT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES; (II) THE CONTENT OR INFORMATION CONTAINED ON THE SITE OR ANY LINKED SITES WILL BE ACCURATE, RELIABLE, COMPLETE OR UP-TO-DATE; (III) CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES; (IV) YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR (V) YOU WILL BE SATISFIED WITH ANY TICKETS, PRODUCTS OR SERVICES THAT YOU PURCHASE FROM THE SITE OR ANY EVENT, PROMOTER, VENUE, OR OTHER RIGHTS HOLDER LISTED ON THE SITE. WE DISCLAIM AND ASSUME NO RESPONSIBILITY OR LIABILITY ARISING FROM ANY MATERIAL OR INFORMATION THAT MAY BE PROVIDED BY ANY THIRD PARTY OR FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE. EVENTIM IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation on Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL EVENTIM OR ANY RELEASED PARTY BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL EVENTIM BE LIABLE TO YOU FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES INCREASED OR MULTIPLIED, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE THEREOF OR ACCESS THERETO, REGARDLESS OF WHETHER THE CLAIM IS BASED ON ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUCH DAMAGE WAS REASONABLY FORESEEABLE AND EVEN IF EVENTIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FOREGOING, IN NO CASE WILL OUR LIABILITY TO YOU OR TO ANY THIRD PARTY EXCEED THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100. IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED TO YOU OR RECOVERABLE BY YOU. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk; under no circumstances will we refund, reimburse, or otherwise be liable for such costs or expenses, even if (without limitation) incurred in connection with the cancellation, postponement, rescheduling, or moving of an Event, or for material changes to an Event.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

16. Indemnity

You agree to indemnify and hold EVENTIM and the Released Parties harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to, arising out of, or relating to (a) your use of the Site or any content, information, or data thereon, including your use of the Site to purchase Tickets, resell Tickets, provide a link to another site, or to upload content or other information to the Site; (b) your travel to or from, attendance at or participation in any Event, or (c) your violation of these Terms of Use (including our Purchase Policy) or applicable law. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

17. Dispute Resolution and Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EVENTIM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 13 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

Binding Arbitration
YOU AND WE EACH AGREE THAT ANY AND ALL CLAIMS CONTROVERSIES, OR DISPUTES (whether in contract, tort, or otherwise) YOU MAY HAVE WITH, AGAINST, OR CONCERNING EVENTIM AND/OR OUR AFFILIATES (SUCH AS EMC PRESENTS LLC) (collectively, “DISPUTES”) WILL BE RESOLVED BY BINDING ARBITRATION, IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE, except as set forth below. This includes any claims against other parties (such as Rights Holders, our suppliers, promoters, or third-party vendors) whenever you also assert claims against us in the same proceeding; it also includes questions about whether the Dispute can be arbitrated, whether this arbitration agreement is valid and enforceable, and the scope of this arbitration agreement. You and we each also agree that this agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

Pre-Arbitration Notification
You and we agree it would be advantageous to discuss and hopefully resolve Disputes before formal arbitration proceedings are initiated. The party making a claim – whether you or us – shall give the other an opportunity to resolve your claim by sending a written description of your claim (the “Notice of Dispute”). If EVENTIM is making a claim, the Notice of Claim will be sent via email to the email address we have on file in your EVENTIM account; but if no such information exists, or if such information is not current or does not work, then we have no notification or delay obligations under this Section. If you are making a claim, you must send a written Notice of Dispute to: EVENTIM USA LLC, Attn: Legal Department, 307 5th Avenue, 6th Floor, New York, NY 10016, USA. The Notice of Dispute must contain enough information for us to attempt to resolve your claim, including (a) your name; (b) the email address and telephone number associated with your Henkel account, if applicable; (c) a written description of the problem, relevant documents, and supporting information; and (d) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative . You and we each agree to negotiate your claim in good faith for a sixty (60)-day period. You agree that you may not commence any arbitration or court proceeding during this 60-day period, and any claim you bring against us in arbitration or in court shall be dismissed, unless you first give us notice of your claimNotice of Dispute as required in this section. ,If we are unable to resolve the claim within 60 days after the Notice of Dispute is received, the claimant may proceed to initiate proceedings as set forth in this Section or as permitted by applicable law.we receive your claim description, and you have made a good faith effort to resolve your claim directly with us during that time. All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding.

Arbitration of Claims
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration proceedings. Any Dispute or arbitration demand relating thereto shall be submitted to Judicial Mediation and Arbitration Services (“JAMS”) for final and binding arbitration. The arbitration of all disputes will be administered and conducted by JAMS under its rules as applicable at the time the arbitration is commenced. For claims less than $75,000, the JAMS Streamlined Arbitration Rules will apply; for claims over $75,000, the JAMS Comprehensive Arbitration Rules will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. The arbitration of all disputes will be conducted by a single arbitrator and will take place either in (a) New York City, New York, (b) in the county of the last billing address we have on file for you, unless we agree the arbitration will be conducted at a different location. For claims that total less than $10,000, you may instead choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. , For Disputes arising from an Event that occurred or will occur in Illinois, the parties agree that the arbitration may be held in Illinois.
The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected using the following procedure: (a) JAMS will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the JAMS within 14 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) JAMS shall appoint as arbitrator the candidate with the highest aggregate ranking . If for any reason the appointment cannot be made according to this procedure, JAMS may exercise its discretion in appointing the arbitrator.

Costs and fees of the arbitration will be allocated as set forth in the JAMS rules applicable the arbitration proceeding.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If you initiate an arbitration, you are required to pay JAMS an initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee. This Arbitration Agreement authorizes the arbitrator to award sanctions (such as fees) against your counsel.
The arbitration proceeding shall be confidential and closed to the public. In addition, the existence of the arbitration proceeding, its underlying allegations, and all records pertaining to the arbitration (including evidence, documents, or testimony introduced or produced in an arbitration proceeding) shall be confidential; may be used only in that proceeding; and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims. You are responsible for your own attorneys’ fees; we will not pay any attorneys’ fees.
If the Dispute could have been brought in small claims court, then either you or we may elect to have the Dispute heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Even if a Dispute is to be brought in small claims court, the party bringing the claim must still comply with Section 17(b) above by providing the other party with a written Notice of Dispute and negotiating its claims in good faith for sixty (60) days; only thereafter may the claim be filed in small claims court. Any dispute about whether a Dispute qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the Dispute should proceed in arbitration. The substantive law that applies to such a dispute shall be New York law, without regard to conflicts of laws principles.

Other than expressly set forth in the foregoing, neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any Dispute until such Dispute shall have been finally adjudicated via arbitration as herein provided, and then only for the enforcement of the arbitrator’s award; provided, however, EVENTIM may seek interim, injunctive, or equitable relief in a court of competent jurisdiction, without thereby waiving its right to arbitrate or compel arbitration of the Dispute under this Section.

Permissible Remedies; Limitation on Injunctive Relief
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH THE SITE OR YOUR USE THEREOF, ANY SERVICE, AND/OR ANY EVENT, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SITE OR ANY SERVICE, ANY EVENT, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY EVENTIM OR ANY RELEASED PARTY (INCLUDING YOUR CONTENT).

Governing Law
All Disputes and any other claim brought by you against pursuant to this Arbitration Agreement, or otherwise related to the Site, our services, any Ticket or Event, will be governed by, construed, and resolved in accordance with, the laws of the State of New York without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Arbitration Agreement shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and we agree that this Arbitration Agreement satisfies the “writing” requirement of the Federal Arbitration Act. This Arbitration Agreement can only be amended by mutual agreement. Either party may seek enforcement of this Arbitration Agreement in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Exceptions for EVENTIM IP Claims
We may file an action seeking injunctive or other equitable relief in any court of competent jurisdiction at any time in relation to our or any Rights Holder’s rights, title, or interests in the Site, our services, any Tickets, or any Events, including with regard to any copyrights, patents, trademarks, service marks, trade names, trade secrets and all other intellectual property rights therein or relating thereto.

Class Action Waiver
YOU AND WE EACH AGREE THAT A PARTY MAY ONLY BRING CLAIMS IN ITS INDIVIDUAL CAPACITY AND ON ITS OWN BEHALF. ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. You and EVENTIM waive the right to bring any Dispute as a class, consolidated, mass, representative, collective, or private attorney general action, or to participate in a class, consolidated, mass, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures (or other JAMS rules applicable to your Dispute) to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, mass, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding . This Class Action Waiver applies and is effective irrespective whether Disputes are resolved through arbitration or adjudicated by a court. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the Aarbitration Aagreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action.

Jury Trial Waiver
If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING THEREUNDER, IN CONNECTION THEREWITH, TOUCHING UPON OR RELATINGTHERETO, INCLUDING ANY CLAIM SOUNDING IN CONTRACT, TORT, OR FRAUD.

Supersede
The provisions of this Section 13 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 13 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

Severability Applicable to Arbitration Agreement
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.

Forum Selection/Jurisdiction
The exclusive forum for any Disputes not required to be litigated in small claims court shall be the state and federal courts in New York City, New York, and you and we hereby submit to the personal jurisdiction and venue of such courts.

18. Export Control; Sanctions Compliance

Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.

Further, the Site may not be used (i) by any person within or ordinarily resident in a country subject to comprehensive U.S. sanctions or embargo, including, but not limited to, Cuba, Iran, Syria, North Korea and Crimea; (ii) by anyone on the United States Treasury Department's list of Specially Designated Nationals and Blocked Persons; or (iii) in any way that violates United States export control regulations, sanctions, or other laws. You are responsible for ensuring your use of the Site, including your purchases made on the Site, are not in violation of such laws, and by using our Site, you represent and warrant to us that your use is not in violation of such laws.

19. Waiver

If We delay or fail to enforce any of these Terms, it shall not mean that We have waived our right to do so.

20. Assignment

We shall be entitled to assign any of our rights and obligations under these Terms; any attempted assignment by you is void without our prior written consent.

21. Severability

If it is found by a court that any of these Terms for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

22. Third Parties

Any person other than the venue or promoter of an event that is not a party to these Terms shall have no rights to enforce any term of these Terms and Conditions. Only we, the venue and promoter for an event, and you have rights and obligations under these Terms.

23. Force Majeure

For the purposes of these Terms, "Force Majeure" means any cause beyond our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, pandemics, epidemics, third party injunction, national defense requirements, actions taken by the police, acts or regulations of national or local governments. We will not be liable to you for failure to perform any obligation under these Terms, including the Purchase Policy, to the extent that the failure is caused by Force Majeure.

24. No Partnership or Agency

Nothing in these Terms and no action taken by you or us under these Terms creates, or will be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between you and us beyond any contractual relationship established under these Terms.

25. Governing Law

By using the Site, you agree that these Terms of Use, the Purchase Policy, and any claim, controversy, or dispute arising therefrom or relating thereto will be governed and construed in accordance with New York State law.

26. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

27. Entire agreement

These Terms and Conditions, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between You and Us in connection to its subject matter and supersede any previous terms and conditions, agreement or arrangement between You and Us.

Each of us agree that we have not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

28. How to Contact Us

For questions or concerns regarding these Site Terms or the Purchase Policy, please contact us as follows:

EVENTIM USA LLC
307 5th Avenue, 6th Floor
New York, NY 10016
customerservice@eventim.com

Effective Date: October 20, 2023

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