Welcome to TicketFalcon.com (the “site”), operated by TicketFalcon.com, (hereinafter “Ticket Falcon,” “we,” or “us”). The site specializes in providing an internet forum to allow sellers (“Sellers”) and buyers (“Buyers”) to link via world wide web for the sale and purchase of tickets to events (the “Services”). Ticket Falcon does not coordinate events or offer tickets for sale on its own account, rather, its sole activity is to create a marketplace to connect third party Sellers and Buyers. Ticket Falcon is unable to verify and makes no representations or warranties as to the accuracy, completeness, or authenticity of any posted information.
The site and Services are intended for use only by individuals over the age of eighteen (18). By registering, or otherwise using the site and Services, you represent and warrant that you are over the age of eighteen (18).
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Ticket Falcon’s express prior written consent.
USE OF THE SITE AND SERVICES
You may use the site and Services only for expressly permitted and lawful purposes. You expressly agree not to use the site or Services:
TERMINATION OF SERVICES
Ticket Falcon reserves the right (but not the obligation), in its sole discretion, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to, or use of, the site and/or Services immediately and without notice, for any reason whatsoever, or no reason at all. You agree that Ticket Falcon shall not be liable to you or any third-party for any termination of your access to, or use of, the site or Services.
If for any reason Ticket Falcon terminates a Seller’s Services during the course of use, Ticket Falcon will refund all remaining undisputed funds within ten (10) business days.
Your interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Ticket Falcon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this site or service, or between users and any third party, you understand and agree that Ticket Falcon is under no obligation to become involved. In the event that you have a dispute with one or more other Sellers or Buyers, you hereby release Ticket Falcon, its officers, directors, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the site or service.
Ticket Falcon strives to be a family friendly site, and as such, retains the right to refuse and refund any event or content that is: a. Explicitly adult in nature, or b. Illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others.
THIRD PARTY LINKS
PAYMENT AND REFUNDS
If applicable, orders are not binding upon Ticket Falcon until accepted by Ticket Falcon. Terms of payment are within Ticket Falcon’s sole discretion. Ticket Falcon may utilize third-party vendor payment processing systems. Your use of any such third-party payment processor(s) is subject to their terms and conditions, applicable policies and terms and conditions of service.
Ticket Falcon shall receive payment from Buyers and hold such payments in escrow until seven (7) days after the date of the advertised event. Provided that (i) the event as advertised on the site was actually held, and (ii) Seller has strictly complied with these terms and conditions and any other policies of Ticket Falcon, seller shall receive payment of monies paid by Buyer seven (7) days after the date of the advertised event less Ticket Falcon’s stated service fees and any credit card or other payment processing fees. Seller shall be responsible for all federal, state, and local taxes (including but not limited to amusement, value added, consumption, excise and other taxes, duties, levies and charges), if any, associated with the sale of tickets. You agree that it is your sole responsibility to, and that you will, collect and remit the correct amounts of all such taxes to the applicable governmental authorities. Ticket Falcon cannot give you legal or tax advice. Please be sure to check with your tax advisor/lawyer about tax laws and applicable taxes. In the event that a Tax Authority requires Ticket Falcon to pay any taxes attributable to your use of Ticket Falcon or to any sales you make using Ticket Falcon, you agree to promptly and fully reimburse Ticket Falcon for such taxes upon demand and all costs, penalties, interest and expenses related thereto.
Seller expressly agrees to notify Ticket Falcon at [email protected] within forty-eight (48) hours after the stated date and time of the event if the event was not held in substantial conformance with what was advertised. In the event that the event in question was not held in substantial conformance as advertised by Seller, then Seller shall not be entitled to, and Ticket Falcon shall make no payments to Seller. Seller expressly agrees that seller shall refund any monies to Ticket Falcon which were paid by Buyer and later disputed by Buyer as chargebacks or any other credit card dispute within forty-eight (48) hours after receipt of notice for such refund by Ticket Falcon.
Buyers shall notify Ticket Falcon at [email protected] within forty-eight (48) hours from the time and date of the event if the event was cancelled or not held in substantial conformance as advertised by Seller. If Ticket Falcon determines, in its sole discretion, that such event was cancelled or not held in substantial conformance as advertised by Seller, then Ticket Falcon shall refund the ticket price as paid by Buyer, less any third-party processing fees.
In the event the Seller decides to collect payments for events through their own merchant account (Stripe), Ticket Falcon will collect service fees as advertised and send the remaining amount (payout) directly to your connected Stripe account (which you provided in your Ticket Falcon account settings) for each order instantly. Seller is responsible for credit card or other payment processing fees. Seller shall be responsible for all federal, state, and local taxes (including but not limited to amusement, value added, consumption, excise and other taxes, duties, levies and charges), if any, associated with the sale of tickets. You agree that it is your sole responsibility to, and that you will, collect and remit the correct amounts of all such taxes to the applicable governmental authorities. Ticket Falcon cannot give you legal or tax advice. Please be sure to check with your tax advisor/lawyer about tax laws and applicable taxes. In the event that a Tax Authority requires Ticket Falcon to pay any taxes attributable to your use of Ticket Falcon or to any sales you make using Ticket Falcon, you agree to promptly and fully reimburse Ticket Falcon for such taxes upon demand and all costs, penalties, interest and expenses related thereto.
Ticket Falcon offers no refunds unless specifically indicated by the Seller. In this case, it will be the responsibility of the Seller to conduct refunds. We will not issue any refunds or exchanges because you failed to review this information and we will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances except in the limited cases explicitly described in this agreement. Ticket Falcon service fees are non-refundable. Even if a refund is issued by Ticket Falcon or a Seller, our service fees will be deducted from the Seller’s event gross ticket sales for said event. Seller is responsible for paying any and all associated fees from Stripe to process refunds. These fees are the merchant service fees Stripe charges the Seller to process Ticket Falcon’s service fees.
TICKET FALCON FEES
You agree to pay all fees in accordance with the fee descriptions published by Ticket Falcon on this website and any other fees applicable to a transaction. Fees are subject to change without prior notice at any time, so you should review the fees each time you use this website. Ticket Falcon service fees are non-refundable.
CONSENT TO RECEIVE NOTICES BY ELECTRONIC MAIL
You expressly agree that all notices from Ticket Falcon may be received by electronic mail or other electronic means, and that all such notices shall be considered valid.
You hereby grant to Ticket Falcon the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Ticket Falcon through this site (together, the “submission”), and to incorporate any submission in other works in any form, media, or technology now known or later developed. Ticket Falcon will not be required to treat any submission as confidential and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Ticket Falcon operations.
You understand that this website is provided “as-is,” and Ticket Falcon cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties.
Your use of this site and Services is at your own risk. The content is provided “as is” and without warranties of any kind, either expressed or implied. Ticket Falcon disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some states do not allow the disclaimer of implied warranties, so this disclaimer may be limited in its applicability to you.
Ticket Falcon does not warrant that the functions or content contained in this site will be uninterrupted or bug or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Ticket Falcon does not warrant or make any representation regarding your use, or the result of use, of the content in terms of accuracy, reliability, or otherwise or that it will meet your requirements. You, and not Ticket Falcon, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. Ticket Falcon makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
You expressly acknowledge and agree that Ticket Falcon provides the sole service of creating a marketplace for Buyers and Sellers and is not, shall not, and shall not be deemed to be, a party to any transaction entered between Buyers and Sellers. Ticket Falcon makes no representations or warranties with respect to the accuracy, reliability, or accuracy of information provided by other users of the site.
LIMITATION ON LIABILITY
By using this site, you represent and warrant that you understand and agree that:
You hereby agree, at your own expense, to indemnify, defend and hold Ticket Falcon (and its designees, agents, officers, directors, employees, assignees and subcontractors) harmless from and against any loss, cost, damage, liability, or expense arising out of or relating to any third-party claim, action, demand or allegation brought against Ticket Falcon based upon or relating to, due to or arising out of (a) a dispute between you and a vendor or a user (registered or otherwise) over the terms and conditions of a contract or related to the purchase and sale of any goods/services, (b) your breach of these terms, (c) any action by you, a Buyer, or a Seller, or a user (registered or otherwise) which violates any law, regulation or rights of a third party, (d) content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the terms, or your violation of any rights of another, (e) any loss sustained in attendance at an event for which tickets have been purchased through the site, or (f) any confidentiality or data breach of any personal information submitted through the site as a result of use of Services.
Ticket Falcon is not a party to any actual engagement between Buyers and Sellers. Ticket Falcon has no control over the quality, safety or legality of Sellers or their events. You are wholly responsible for all activities conducted through your account in accessing the site. The company cannot and does not control whether Sellers will deliver their events or other services. Further, it is not commercially reasonable for Ticket Falcon to authenticate Buyers and Sellers, and Ticket Falcon cannot and does not confirm that the Buyer and Seller are who they claim to be. Ticket Falcon encourages you to develop safe business practices when using the site, Services and content. You release Ticket Falcon (and its designees, agents, officers, directors and employees) from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential, special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with Buyers and Sellers or the products or services provided by the Sellers, or any actions or omissions of a Buyer or Seller). In no way will Ticket Falcon be liable for any legal actions brought against you by such Buyer or Seller).
In the event of any dispute arising out of or in connection with this Agreement or any Work Order issued hereunder, the parties will attempt in good faith to resolve such dispute through negotiations between them. Where the parties are unable to resolve a dispute by means of negotiation, the dispute shall be finally settled by arbitration conducted in accordance with the rules of the United Nations Commission and International Trade Law (UNCITRAL) as in effect on the Effective Date of this Agreement (the “UNCITRAL Rules“). Such disputes will be resolved by majority decision of three (3) arbitrators as determined herein under the UNCITRAL Rules. Each party will appoint one (1) arbitrator within thirty (30) days of a request by the other party for arbitration pursuant to this Agreement. The third arbitrator will be appointed by the arbitrators appointed by the parties within thirty (30) days of the selection of the second arbitrator. The third arbitrator will serve as chairman of the arbitration. The seat of arbitration will be Cook County, Illinois. The language of the arbitration will be English. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrators may, in their discretion, award costs and fees to the prevailing party. Judgment upon the award may be entered in any court having jurisdiction over the award or over the applicable party or its assets.
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Last updated: November 2nd, 2019