Terms of Service

1. Purpose

1.1 Introduction

Welcome to TicketDerby's online event ticketing solution (the "Site"). These Terms and Conditions ("Agreement") lists the terms of the agreement between You (“You”) and TicketDerby, Inc. (“TicketDerby” or “We” or “Us”) for the buying and selling of tickets, and all other services that We provide (the "Services" or “Service”).By using our Site, You agree to accept the terms and conditions of this Agreement.

1.2 Service

TicketDerby provides a Service that allows users who want to buy tickets ("Buyers") to find tickets to purchase from registered users who want to sell their tickets ("Sellers"). Sellers, using our Services, may create events and sell tickets to those events. TicketDerby acts as a marketplace only to allow Buyers and Sellers to interact regarding events and tickets and does not take title to the actual tickets.

1.3 Modification

If We decide to amend, alter or otherwise change this Agreement, We shall notify You by posting a revised version of the Agreement on the Site and which shall automatically take effect and replace the terms of the Agreement. Your continued use of the Site and the Services will constitute Your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Site.

1.4 Additional Policies

This Agreement incorporates by reference the following policies also found on this Site:
* Privacy Policy

2. USER REGISTRATION

2.1 Requirements

To be a registered user of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Sites. If You do not qualify, please do not use or try to use the Services. If You are under the age of 18, You may only use this site in conjunction with and under the supervision of Your parents or guardians.

2.2 Registration

We will not accept any request from You to sell tickets before You have registered with us. To register, You must provide the required information on our sign up page.

2.3 Email Address and Password

You may need a username and password to access certain areas of the Site and use certain Services. You are responsible for maintaining the security of Your username and password and You are responsible for any action taken under Your username or password. You should not disclose Your password to any other person.

3. Buyer Seller Activity

3.1 Listing

A registered user who wants to sell tickets may create an event and sell tickets to this event in the TicketDerby marketplace. As part of the listing process, the Seller assigns a price to the tickets and provides information regarding the tickets and events.The Seller must include a prominently placed link to their Site event page where tickets are sold in the TicketDerby marketplace. Seller agrees to do what it can to promote their online ticket sales whenever possible via ads in its program, thru email campaigns, it its press and newsletter communications or by other appropriate means.

3.2 Taxes

The Seller is responsible for determining whether taxes are required on the sale of the ticket. If the Seller is required to account for any form of tax on the sale of the ticket, the Seller should include the tax price with the total ticket price.

3.2 Fixed Price Formats

The Seller sets a definite price at which the ticket(s) will sell immediately when a Buyer places an order for the ticket(s).

3.3 Ticket Information

Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to You, the Buyer, to verify the most recent changes. Please contact the Seller, box office or refer to local listings for any changes. TicketDerby does not guarantee any information provided by Sellers.

3.4 Placing Orders

To order tickets, a Buyer first browses the TicketDerby listings for tickets that match what the Buyer is seeking. When the Buyer finds desirable tickets, the Buyer places an "order" to purchase the ticket(s). All orders are final and, once placed, cannot be cancelled or retracted. Placing an order completes the sale.

3.5 Payment Method

The Buyer's credit card, debit card or PayPal ("Payment Method") is charged once the sale is complete. When a Buyer places an order We charge the Buyer's Payment Method for the full order amount, which equals to the total ticket price, plus a Site fees and any shipping or handling charges. The Site fees can vary. In all cases, TicketDerby is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer’s Payment Method when the Buyer places orders. Please contact Your financial institution or payment method provider if You have any questions regarding their related policies and any applicable fees. At no time do We provide the Buyer's payment method information to the Seller. The Buyer's payment is paid to us, and the Seller is compensated for the sale. Sellers can see the exact amount of per ticket fees that We will collect before completing the listing process and committing to list any type of tickets for sale.

3.6 Notification

Once a Buyer has completed the sale process, We notify the Seller of the sale via email and/or update the Seller's reporting tools on the Site.

3.7 Seller Responsibility

After a purchase transaction is complete, the Seller is responsible for fulfilling the order with the exact tickets that the Seller listed. The Seller will be charged a replacement fee if Seller lists tickets for sale and is unable to produce the exact tickets the Seller listed. The replacement fee will depend on how much it costs us to purchase comparable or better replacement tickets for the Buyer. TicketDerby is not responsible for any errors made by the Seller in the listing or pricing of tickets and is not liable for any such errors.

3.8 Seller Revenue

The Seller will be paid between 2 and 15 business days after successful delivery of the ticket to the Buyer or final end date of the event created with the Site. The amount of time for delivery of payments is determined by a number of factors including the Seller’s payment preferences in his/her account on the Site. Payment will be made and delivered to the Seller’s specified preferences in his/her account on the Site or elsewhere specified in any verified written correspondence with TicketDerby. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

3.9 Chargebacks

For any event that has ticket sales, 10% of the Seller’s total transaction volume will be held for 30 days from the event end date. After 30 days the remaining balance will be paid to Seller minus any chargebacks reversals and fees, if applicable, during the following week's payouts. Each chargeback is subject to a $20 nonrefundable fee. If the chargeback is withdrawn or reversed the original transaction amount minus the nonrefundable fee will be returned to Seller. TicketDerby will electronically invoice Seller if any chargebacks are received after the 30 day witholding period. Seller will have net (30) days to provide payment. Seller understands that any past due balances are subject to be withheld from future Seller revenue payments. Seller's failure to pay the balance will be considered a violation of this Agreement.

3.10 Substituted Seat Locations

In certain cases, actual seat and row numbers may vary from those purchased on the Site. Exact seat locations may be substituted by the Seller with equal or better seat locations only.

3.11 Dispute Resolution

After receiving the tickets, if a Buyer is dissatisfied with any part of the purchase experience on the Site, the Buyer may contact Us. Any disputes regarding the actual event, the Buyer should contact the Seller directly.

4. Your Warranties to Us

4.1 Accurate Descriptions

For all events and tickets You list as the Seller, You warrant that Your descriptions accurately detail and describe the events and tickets offered for sale. If You, at any time, deliver invalid, fraudulent, or misrepresented tickets, TicketDerby reserves the right to cancel the order, return the tickets to You, and hold You liable for any and all charges We incur to satisfy the Buyer under the terms of this agreement. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift certificates, reprinting fees, shipping charges, and refunds to the Buyer.

4.2 Other Information

You represent and warrant that any information You provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.

4.3 Laws and Regulations

You warrant that You will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. TicketDerby does not monitor, obtain, nor have any knowledge of the face value of tickets listed on the Site.

4.4 Indemnity

You agree to indemnify and hold TicketDerby and (if applicable) any affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by TicketDerby and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of Your actions or omissions on this Site, including but not limited to Your breach of this Agreement, or Your violation of any law or the rights of a third party.

4.5 Permission

As a Buyer, You grant TicketDerby permission to charge Your Payment Method for the purchase of ticket(s). As a Seller, You grant TicketDerby permission to charge Your credit card or debit card if You, at any time, fail to deliver the tickets You've listed or deliver invalid, fraudulent, counterfeit, or misrepresented tickets. These charges may include, but are not limited to, the cost of replacement tickets, coupons and gift certificates, reprinting fees, shipping charges, refunds to the Buyer, a chargeback fee of 15% of the affected transaction, and other charges We incur to satisfy the Buyer under the terms of this agreement.

4.6 Grant of License

You grant TicketDerby a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners, any content You may provide to TicketDerby in connection with Your use of TicketDerby and its Services. You agree that TicketDerby shall be permitted to use Your name or user ID, home city and other ancillary information (for example, the number of years You have been a TicketDerby user) in connection with the content in conjunction with TicketDerby's marketing, promotion and publicity efforts in any media known now or in the future.

4.7 Release

TicketDerby acts as a marketplace only to allow buyers and sellers to interact regarding events and tickets. In all cases, transactions are between Buyers and Sellers only. The fulfillment of orders, including delivery and shipment of tickets, is the responsibility of the Seller. If You have a dispute with one or more registered users, You release TicketDerby and all affiliated companies, officers, directors, agents, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

4.8 Privacy

We use Your information only as described in the TicketDerby Privacy Policy. If You object to Your Information being transferred or used in this way please do not use our Services.

5. Prohibited Items

5.1 Offline Transactions

TicketDerby is not responsible for any damages or lost profits that result from TicketDerby users directly contacting other TicketDerby users or for any damages or lost profits resulting from transactions conducted outside of TicketDerby, including transactions that originate at TicketDerby and are taken offline.

5.2 Abusive Behavior

You agree not to use abusive language or behave in an abusive manner to any TicketDerby employee or customer.

5.3 Adult Materials

You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Site, directly or indirectly, and You agree not to use any names or other information found on or via this Site to do so.

5.4 Illegal Activity

You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the selling of tickets. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including TicketDerby's copyrights and trademarks, and/or link to the Site without TicketDerby’s prior written permission.

5.5 Double Posting

To post a ticket for sale on the Site, You must first register with the Site. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. You may post Your ticket for sale in other marketplaces but are required to remove Your ticket from the Site immediately if Your ticket sells elsewhere. We reserve the right to prohibit users from posting tickets at TicketDerby if they are not able to provide the exact tickets that Were posted at TicketDerby. If You, at any time, fail to deliver the tickets You've listed or deliver invalid, fraudulent, or misrepresented tickets, TicketDerby reserves the right to cancel the order, return the tickets to You, and hold You liable for any and all charges We incur to satisfy the Buyer. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift certificates, reprinting fees, shipping charges, and refunds to the Buyer.

5.6 Stolen Property

The sale of stolen property on TicketDerby is strictly forbidden, and violates state, federal and international law. TicketDerby strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on TicketDerby. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

5.7 Promotional Materials

The Buyer’s name, email address and address information is provided to Sellers for communication with the Buyer regarding: the transaction, event and future events or tickets. All communication is limited to the Services provided on the Site and are strictly bound by the TicketDerby Privacy Policy.

6. Consequences

6.1 Investigations

We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding Your right to a ticket, the source of a ticket, Your acquisition of a ticket, and the price You paid for a ticket.

6.2 Violations, Termination and Suspension

We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that TicketDerby is not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.

6.3 Disclosure of Information

You agree that TicketDerby may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. TicketDerby will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

6.4 Making Adjustments

You authorize us to withhold payment or charge Your credit card account any amount You owe us if (a) a sale is cancelled for any reason; (b) We reasonably believe that You have committed fraud or other illegal act or omission during any buying or selling activity; (c) You are not able to produce the exact seats that You listed on the Site; (d) You deliver incorrect or misrepresented tickets for any order or portion of an order, (e) You fail to ship tickets by the expected ship date You provided without notifying TicketDerby in advance or (f) You otherwise owe us a specific amount. If any of these things happen, We may also deduct from any amount We owe You the amount You owe us.

7. Warranties and Limitations of Liability

7.1 No Warranty

Except for the express warranties stated in this Agreement, TicketDerby provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. TicketDerby makes no warranty with respect to its software, any tickets, any event, the services TicketDerby provides, or that sellers or buyers will perform as promised, and TicketDerby expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects Your legal rights, and You may also have other rights that vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to You.

7.2 Waiver of Consequential Damages; Liability Limit

TicketDerby expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. TicketDerby's liability to You or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all tickets and other items You bought and/or sold via TicketDerby in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to You.

7.3 Allocation of Risk

You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

7.4 Death or Personal Injury

In any event, We shall not be liable for death or personal injury suffered by the Buyer or their guests arising out of their attendance at, or travel to any event. The limitations of liability shall also extend to any loss or damage sustained by property or belongings of the Buyer or any guest or for further costs, damages or expenses incurred or suffered by the Buyer arising out of the booking.

7.5 Tax Indemnity

You agree that TicketDerby is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on Your behalf. You shall indemnify and hold TicketDerby and (if applicable) any affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by TicketDerby that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of TicketDerby.

7.6 Change or Suspension of Site

TicketDerby reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. TicketDerby is never, for any reason, responsible for tickets listed on the site that do not sell, including tickets that remain unsold during a site outage. The TicketDerby Site is updated regularly. When a Seller lists tickets for sale on the site, the listing may not be available for purchase until the next regularly scheduled site update. TicketDerby is not responsible for unsold tickets resulting from these regular site updates.

7.7 Changes

We will not be liable for any cancellation of or alteration to the booking or any loss or damage suffered by You arising out of circumstances beyond our control including but not limited to any act of God, natural disaster, act of terrorism or other force major event.

7.8 All Sales are Final

All sales are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets. Sellers must maintain a refund policy and must display said policy on its website in such a manner that a Buyer would be made aware of the policy. Such refund policy most inform Buyers that refunds, if any, are the sole responsibility of Seller and not of TicketDerby for any reason, including without limitation, cancellation or postponement of events, customer dissatisfaction with performances or seat location, lost, stolen, damaged or destroyed tickets, or any other reason.

8. Remaining Terms

8.1 Ownership of Intellectual Property

You acknowledge and agree that (i) our copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. In addition, You shall not now or in the future contest the validity of TicketDerby's Intellectual Property.

8.2 Copyright

Copyright (c) 2009, TicketDerby, Inc. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of TicketDerby or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of TicketDerby and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

8.3 No Agency

You and TicketDerby are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

8.4 Notices

Except as expressly stated otherwise, all notices to TicketDerby shall be sent using the Contact form here. Our street address is 7995 Mahogany Run Lane, Naples, FL 34113. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

8.5 Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, U.S.A., without regard to its provisions governing conflicts of law. You consent to the non-exclusive personal jurisdiction and venue of the federal and state courts in and for Collier County, Florida, U.S.A.

8.6 Miscellaneous

This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TicketDerby, which We can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.