Terms of Use

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.

Important!  These terms of use govern your use of the site.  By accessing and using the site, you expressly acknowledge and accept these terms of use.  These terms of use are subject to change by Ticket Falcon at any time in its sole discretion.  Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes.  Please consult these terms of use regularly. If, at any time, you object to any term or condition contained herein, or any modification thereto, your only recourse is to discontinue using the site.

ELIGIBILITY

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.

REGISTRATION

You may be required to register in order to utilize certain Services offered on the site.  In consideration of your use of the site and Services, you agree to (i) provide accurate, complete, and current data as requested during the registration process; (ii) keep all registration information up to date; (iii) maintain the security of your password and identification; (iv) not use the site or Services for any purpose in violation of these terms of use, and all applicable laws and regulations; and (v) be fully responsible for the use of your account and any actions taking place using your account.

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.

CONTENT

You understand that all postings, offers, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from the site and service, are the sole responsibility of the person from whom such content originated.  More specifically, you are entirely responsible for all content that you post, email or otherwise make available via the service. You understand that Ticket Falcon does not control and is not responsible for content made available through the service, and that by using the service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  Furthermore, the site and content available through the service may contain links to other websites, which are completely independent of Ticket Falcon. Ticket Falcon makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, your use of any content, that you may not rely on said content, and that under no circumstances will Ticket Falcon be liable in any way for any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed or otherwise made available via the site or service. You acknowledge that Ticket Falcon does not pre-screen or approve content, but that it shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the service, for violating the letter or spirit of these terms of use or for any other reason.

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 and 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

This site contains links to other sites for your convenience only, that are not owned or controlled by Ticket Falcon, and Ticket Falcon is not responsible for the contents of any of these third-party resources.  The inclusion of any link on this site does not imply any recommendation, approval, or endorsement of that site by Ticket Falcon. Such websites are not subject to the terms of use contained herein, and Ticket Falcon encourage you to make yourself aware of any terms and conditions of such third-party sites.  Your visiting any linked site is at your own risk.

OWNERSHIP

The Services and content accessible from the site, including all trademarks, servicemarks, tradenames, patents, trade secrets, copyrights, and other information, whether or not registered, is the proprietary information of Ticket Falcon or the party that provided the content to Ticket Falcon, and Ticket Falcon or the party that provided the content to Ticket Falcon retains all right, title, and interest in the content.  Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Ticket Falcon, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content.  Modification or use of the content except as expressly provided in these terms of use is a violation of Ticket Falcon’s intellectual property rights. Neither title nor intellectual property rights are licensed, assigned, or otherwise transferred to you by access to this site.

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, if any, associated with the sale of tickets.

Seller expressly agrees to notify Ticket Falcon at support@TicketFalcon.com 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 support@TicketFalcon.com 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 directly to the connected stripe account you provided in your Ticket Falcon account for each event instantly. Seller is responsible for credit card or other payment processing fees. Seller shall be responsible for all federal, state, and local taxes, if any, associated with the sale of tickets.

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. As previously stated, even if a refund is issued by Ticket Falcon, our fees will be deducted from the refund amount.

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.

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.

SUBMISSIONS

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.

Ticket Falcon will treat any personal information that you submit through this site in accordance with its privacy policy https://www.TicketFalcon.com.com/privacy_policy  

DISCLAIMER

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:

  1. Ticket Falcon and its officers, directors, employees, subcontractors or agents shall not be responsible or liable for any punitive, direct, indirect, incidental, special, consequential or exemplary damages, or any damages whatsoever including but not limited to, damages for loss of reputation, goodwill, use, data, loss profits or other intangible losses, business interruption, loss of information (even if the Ticket Falcon has been advised of the possibility of such damages), arising out of or resulting from: (i) the use or the inability to use the site, Services, or content; (ii) the cost of procurement of Services resulting from any data, information or Services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site or service; (v) any other matter relating to the service; or (vi) any loss sustained in attendance at an event for which tickets have been purchased through the site. In no event will Ticket Falcon, nor any of its officers, directors, employees, designees, or agents, be liable to you for any loss or injury arising out of or relating to this agreement regardless of the form of claim or action.
  2. Ticket Falcon, its officers, directors, employees, subcontractors and agents shall not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to, use of or browsing in our sites or your downloading of any content, information, materials, data, text, images, video or audio from the site or service, or (b) any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with (i) any use of the site, service, content, data, materials or information found therein, (ii) any failure or delay in the use of or inability to use any component of the site, or (iii) any performance or nonperformance by us, even if we have been advised of the possibility of damages to a party or parties.
  3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  You must use caution when contacting third parties through our web site including but not limited to Buyers, Sellers, or registered members. If, despite the limitation above, we are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability will in no event exceed, in total, the cumulative sum of two hundred fifty dollars ($250.00).

INDEMNITY

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.

RELEASE

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 Buyer and Seller is who it claims 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).

ENTIRE AGREEMENT

These terms of use constitute the entire agreement between you and Ticket Falcon and supersede any prior agreements between you and Ticket Falcon, including any prior versions of the terms of use.

GOVERNING LAW

These terms of use, and any disputes arising thereunder or arising through your use of the site, Services, or content, shall be governed by the laws of the state of Illinois, without reference to its conflicts of laws principles.

DISPUTE RESOLUTION/ARBITRATION

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.

WAIVER

Failure by Ticket Falcon to enforce any provision of these terms of use shall not constitute a waiver of any such provision or any other provision hereunder or right Ticket Falcon may have.

SEVERABILITY

If any provision of these terms of use is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction or under present or future state or federal laws or rules and regulations promulgated thereunder, such provision shall be fully severable, and these terms of use shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect.

CONTACT

Ticket Falcon values your input and encourages you to submit your feedback.

TicketFalcon.com
support@TicketFalcon.com
1020 Park Drive Suite 762
Flossmoor, IL 60422

Last updated: May 22nd, 2019
©2019 TicketFalcon.com

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