2018/11/02 12:25

Ticket Resell Terms and Conditions

TERMS AND CONDITIONS

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS. BY USING OUR TICKET LISTING SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR TICKET LISTING SERVICE. By using this service, you represent that you are at least 18 years old and that you are legally able to enter into this agreement. These Terms & Conditions ("Terms") make a binding agreement that is between any person who uses the Ticket Listing Service (collectively "you," "your" or "I") and Breeders’ Cup World Championships c/o Del Mar Thoroughbred Club ("our," "we" or "us").

TICKET LISTING SERVICE

This Ticket Listing Service is designed to allow our patrons the ability to list the tickets they are unable to use for sale with our general inventory of unsold tickets. Patrons that receive their ticket packet prior to listing their ticket(s) for resell will be notified by us in order to retrieve their ticket(s) for resell. It is the patron’s responsibility to ship (via FedEx or UPS) this packet to us in order to facilitate the resell of their ticket(s).

VENUE AUTHORIZATION

We may not allow certain types of tickets, or tickets to certain events, to be listed for sale. As you proceed to use the Ticket Listing Service, any unauthorized listing by you may be declined by us. We reserve the right to limit and even terminate your use of the Ticket Listing Service in our sole discretion at any time, without notifying you first.

YOUR USER ACCOUNT

If you have purchased tickets through our website, you already have an account. Otherwise, if you purchased tickets from the box office and provided your email address you will be asked to create an account in order to list your tickets on our website. You will need to use the same email address that you used when you purchased your tickets so that your account will be linked with your tickets. You will be asked to provide a user name and password.

LOGIN INFORMATION

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of another person. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

LISTING PROCESS; LISTING PRICE

Once you have logged into your User account, the tickets that you have purchased for future events will be displayed. Select the individual tickets to be listed and set your listing price. If the listing price exceeds our authorized maximum premium amount, the listing will not be allowed. If your ticket listing is purchased by another patron, you will receive your authorized listing price minus transaction fees. The amount you will receive will appear on your screen as you are asked to finalize your ticket listings. Please note, although you may list more than one ticket to this event, you may not be able to sell all of your tickets at one time.

LISTING EXPIRATION

Although you will be able to specify the expiration date, we reserve the right to modify that date and/or time. The expiration date of your ticket listing will be displayed on your screen as you are asked to finalize your listing. All tickets for resell will expire on Friday, October 20, 2017 at 5:00pm ET.

SALES AND OTHER TAXES

By using this service, you may become liable for the payment of a sales, privilege, or income tax. Please consult with a professional before using this feature if you are unsure of what amount of taxes you might owe as a result. You consent to any legally required disclosures by us of information to the relevant taxing authorities.

REMOVING YOUR LISTING

If your circumstances change, you may remove your listing by logging into your online account. However, in the event that the listing results in our sale of your ticket(s) or if the listing is selected and in the process of being sold, you will be unable to remove the listing. We will notify you when your ticket has been sold through the email address associated with your account.

YOUR LISTING PROCEEDS

Your listing proceeds will be payable 7-14 days after the resell purchase is finalized. If the event is cancelled for which you have listed a ticket, you may not be entitled to payment. In that case, the normal ticket purchase policies will apply and you may be entitled to a refund of the original purchase amount.

MONITORING POLICY; LIMITATIONS ON USE

Our Ticket Listing Service is not intended to be used for commercial purposes. It is intended solely to serve our valued patrons who are unable to attend the event that they have purchased tickets to for their own personal use, or for the use of friends or family. In order to prevent the Ticket Listing Service from being used in an unauthorized manner, we may restrict your use of the Ticket Listing Service if we think you are abusing it. We may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Listing Service. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms, furnished us with false or misleading information, or interfered with use of the Listing Service by others.

IT MAY BE A VIOLATION OF STATE OR LOCAL LAW TO USE OUR TICKET LISTING SERVICE FOR BUSINESS PURPOSES.

PRIVACY POLICY

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is incorporated by reference into these Terms.

DISCLAIMER OF WARRANTIES

WE ARE MAKING THE LISTING SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE LISTING SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LISTING SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE LISTING SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE LISTING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE LISTING SERVICE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

INDEMNIFICATION

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Ticket Listing Service, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

MISCELLANEOUS

These Terms will be construed in accordance with the laws of California, excluding its choice of law rules. The state courts of California, or the federal courts within the state of California, will have exclusive jurisdiction over any judicial proceedings relating to any disputes arising out of the interpretation, performance or breach of these terms. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. We may, without prior notice, (a) revise these Terms; (b) modify the Ticket Listing Service; and (c) discontinue the Ticket Listing Service at any time. We will post any revision to these Terms to our website, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on our website periodically to be aware of any revisions. You agree that, by continuing to use or access the Listing Service following notice of any revision, you shall abide by any such revision.