TERMS AND CONDITIONS OF SALE
Unless otherwise expressly provided in a writing signed by Tickets Junky, LLC (“Tickets Junky”), with respect to a particular sale, all sales of accounts (“Accounts”) are made in accordance with, subject to, and expressly conditioned upon, the following Terms and Conditions of Sale (“TCS”):
1.1. Tickets Junky operates a service whereby fans sell certain Accounts to those who wish to use them for legitimate and lawful purposes subject to the TCS. Under the TCS, Tickets Junky offers a limited guarantee regarding the services that it provides: Ticket’s Junky ensures the validity of each Account for forty-eight (48) hours after the Account is delivered to a customer, or four (4) calendar days, whichever is earlier. Tickets Junky will only replace Accounts if a Covered Issue (defined below) is reported to it within forty-eight (48) hours of a customer’s accessing the Accounts delivered, or four (4) calendar days from the time Tickets Junky delivers the Accounts, whichever is earlier. A Covered Issue is limited to the following circumstances: one of the Accounts is blocked, deleted, or does not exist.
1.1.1 Prices, descriptions or availability of Accounts or other services outlined by Tickets Junky on its website and elsewhere are subject to change without notice. While Accounts or other services offered by Tickets Junky on its website and elsewhere are presented with the greatest accuracy technically possible, representations by Tickets Junky on its website and elsewhere, including through any means (including, as the case may be, graphic material, images, colors, and/or sounds), are for reference only and implies no warranty as to the characteristics of the purchased Accounts or other services provided. The characteristics of the chosen item, including the Accounts, will be outlined during the purchasing process. Any offer of Accounts or other services by Tickets Junky is nonbinding. In order to complete the purchase, customers are requested to submit a binding order. Only once such order is accepted by Tickets Junky does a contract exist between Tickets Junky and a customer.
1.1.2 Any steps needed from selecting Accounts or services sought to order submission, form part of the purchasing process. The purchasing process includes these steps:
- Customers must indicate the desired Accounts or services by selecting them, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
- Customers will be required to specify their billing address, contact details and a payment method of their choice.
- During the purchasing process, Customers may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
To submit the order, Customers must accept these TCS and use the respective button or mechanism on Tickets Junky’s website, Ticketsjunky.com, hereby committing to pay the agreed-upon price.
1.1.3 When a customer submits an order to Tickets Junky, the following applies:
- Each order submitted constitutes an offer to purchase. The submission of the order creates for the customer the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
- In case the purchased Accounts or services requires active input from the customer, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the customer to cooperate accordingly.
- Upon submission of the order, customers will receive a receipt. Unless stated otherwise in the relevant communication, the aforementioned receipt merely indicates reception of the order and does not constitute acceptance of the order.
1.1.4 Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the customer receives the communication of an order’s acceptance. If the order is not accepted, the customer shall receive a refund. The rejection of an order shall not entitle the customer to bring any claim against Tickets Junky, including compensation for damages. All notifications related to the described purchasing process shall be sent to the email address provided by the customer for such purposes.
1.1.5 Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. All payments are independently processed through third party services. Therefore, Tickets Junky does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, Tickets Junky shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the customer.
1.1.6 Until payment of the total purchase price is received by Tickets Junky, any Accounts or services ordered shall not become the customer’s property. Customers do not acquire any rights to use the purchased Accounts until the total purchase price is received by Tickets Junky.
1.1.7 Unless otherwise stated, digital content purchased from Tickets Junky is delivered via download on the device(s) chosen by a customer. Each customer acknowledges and accepts that in order to download and/or use the Accounts or services, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Accounts or services may be limited in time and space. Consequently, the purchased Accounts or service shall be performed or made available within the timeframe specified by Tickets Junky.
1.1.8 If Tickets Junky and a customer enter into a subscription agreement, they are subject to terms in a separate written agreement.
1.2. Tickets Junky and its employees do not provide training or advice on how to use Accounts purchased from it.
1.2.1 Tickets Junky and its employees do not store the history of the Accounts or other Account information after they are sold. Customers must take care to preserve the Accounts purchased.
1.3. Accounts purchased from Tickets Junky are not refundable except in the limited circumstances outlined in Section 1.1 of the TCS. Further, each customer acknowledges that Tickets Junky reserves the right to ban or block any customer, without any refund, or any visitor, for any of the following behavior:
(a) The customer or visitor spams our emails, Facebook Messenger chats, or any other forms of communication;
(b) The customer or visitor posts libelous, harassing, abusive, obscene, vulgar, false or misleading reviews or comments about Tickets Junky or its business on third party forums including, but not limited to our, Facebook Page, other Facebook groups, etc.; or
(c) The customer or visitor is belligerent, demanding, or rude to any of our employees.
1.4. Each customer of the Accounts agrees that they will not resell or otherwise share the Accounts they purchase. Each customer further agrees that Tickets Junky may void its order without any refund if it discovers that a customer has resold or otherwise shared any of the Accounts with a third party.
1.5 Each customer of the Accounts acknowledges and agrees to the following, and recognizes that a breach of any of these terms constitutes a material breach of the TCS:
(a) They have read and fully understand the TCS, as well as the Accounts they are purchasing;
(b) They are the sole user and buyer of the Accounts, and they will not resell or otherwise share the Accounts they purchase;
(c) They understand that Tickets Junky aims to fulfill orders within 14-20 business days. This is only a time estimate. A delivery date is not guaranteed because delivery depends on a variety of factors. Tickets Junky will keep each customer informed about delays;
(d) Within 48 hours of its receipt of the Accounts, the customer will change passwords, emails, and phone numbers;
(e) Their use of the Accounts is the sole responsibility of the customer. Any issues relating to their use, including errors not within the scope of Section 1.1 of the TCS, are not Tickets Junky’s responsibility;
(f) Tickets Junky cannot and does not make any guarantees regarding queue placements, errors, or how long an Account will function. Any statements regarding how Accounts will function, including for how long, which are made by Tickets Junky in chats, emails, phone conversations, other correspondence, or on its website, are not guarantees but estimates only.
2.1 The customer agrees that under no circumstance shall Tickets Junky be responsible for any damages, liabilities, or losses, whether sounding in contract, tort or otherwise, arising out of the customer’s use of Tickets Junky or the Accounts. The customer understands and acknowledges that its use of the Accounts is at its own risk.
2.2 Each customer agrees to indemnify, defend and hold harmless Tickets Junky from any third party claim arising out of, relating to, or connected with the customer’s use of Tickets Junky or the Accounts.
2.3 Tickets Junky reserves the right to correct any errors or inaccuracies in the content on the website, or to change and update the content at any time without giving prior notice. However, Tickets Junky does not guarantee that errors, inaccuracies, or omissions will be corrected immediately.
2.4 Tickets Junky shall in no way be liable for any Accounts that are removed or otherwise unusable, except for the limited exception stated in Section 1.1 of the TCS. It is nearly impossible to determine if or when an Account may be suspended or deleted such that it cannot be utilized.
2.5 Notwithstanding anything to the contrary herein, all persons and entities in any manner obligated under the TCS, including Tickets Junky and each customer of the Accounts, consent to the exclusive and mandatory jurisdiction of the United States District Court for the Central District of California (or the Superior Court of California for Los Angeles County, if and only if the dispute does not satisfy subject matter jurisdiction in federal court) with respect to any and all disputes arising out of or in connection with the TCS or a purchase of the Accounts. Each person or entity obligated under the TCS, including Tickets Junky and each customer of the Accounts, further submits to the personal jurisdiction of the United States District Court for the Central District of California (or the Superior Court of California for Los Angeles County, if and only if the dispute does not satisfy subject matter jurisdiction in federal court) and waive any argument based upon jurisdiction or venue in the event that either party seeks to enforce the TCS.
2.6 The TCS shall be interpreted in accordance with the laws of the State of California, excluding its choice of law rules.
2.7 If any person or entity in any manner obligated under the TCS, including Tickets Junky and each customer of the Accounts, prevails in any proceeding or action alleging that any other party committed a breach of any material term of the TCS, the prevailing party shall be entitled to recover from the breaching party, in any such proceeding or by a separate action, attorneys’ fees (including local counsel fees), expert witness fees, accountants’ fees, costs, expenses (including, but not limited to, reasonable air travel, reasonable train travel, and reasonable accommodation expenses), and disbursements incurred in connection with such proceeding or action.
3.0 The services provided by Tickets Junky are fulfilled by the third party service providers and not Tickets Junky. Third party service providers acknowledge that that they have appropriate permits, rights, and/or licenses to provide, sell or resell the service offered, including Accounts, on Tickets Junky. Service providers advertising their online services must comply with the laws and terms of service of the relevant websites used for fulfilling their services. Failing to do so may result in their removal from the list of service providers.
4.0 – Disclaimer – Tickets Junky is an intermediary between account sellers and buyers. Tickets Junky’s customers are fully responsible for how they use the Accounts and if the Accounts are used for any illegal activity, such as fraud, Tickets Junky will not and cannot be held responsible. This website is NOT affiliated with Ticketmaster Entertainment, Inc. (“Ticketmaster”) or any affiliate of Ticketmaster. We are an independently operated company providing an intermediary service. Any issues that may arise from breaking Ticketmaster’s Terms of Service or any other issues are the responsibility of customer, not Tickets Junky.