Terms of Sale
TERMS OF SALE
These TOS contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply. Please read these TOS carefully.
THESE TOS ARE SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TOS, DO NOT USE OUR WEBSITE OR SERVICES.
- Use of Website/Security
Use of https://www.thetick3t.com/ and/or the T3 Marketplace (the “Website”) may require the connection of a supported electronic wallet which will enable you to purchase and store collectibles that you purchase via the Website. You are responsible for security of your electronic wallet and its contents. Transactions that take place on the Website are managed and confirmed via the blockchain. Your public wallet address will be made publicly visible on the blockchain whenever you engage in a transaction on the Website.
Tick3t has no liability to you or to any third party for any claims or damages that may arise related to any payments or transactions that you engage in via the Website, or any other payment or transactions that you conduct via the Website or otherwise. Except as may be provided in connection with the sale of a specific NFT by Tick3t, we do not provide refunds for any purchases that you might make on or through the Website – whether for NFTs sold by us, our partners, or anything else. ALL SALES ARE FINAL.
- Payment and Gas Fees
Transactions on the blockchain require the payment of a transaction fee (“Gas”) which funds the network of computers that confirm transactions on the blockchain. This means that you will need to pay Gas for each transaction that you instigate via the Website. Except as otherwise expressly set forth in these TOS, you will be solely responsible to pay any Gas for any transaction (including failed transactions) that you prompt via the Website.
All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
- Ownership/Ownership Restrictions
All ownership rights and restrictions governing Tick3t NFT ownership transfer upon sale. This includes any sales or transfers on secondary markets. Tick3t does not control or endorse the purchase or sale of any Tick3t NFT other than the sales made directly on the Website. Any sale you make, accept, or facilitate outside of the Tick3t Website will be entirely at your own risk.
Any Tick3t logo, product or service names, slogans, and the look and feel of our Website are the intellectual property of Tick3t and may not be copied, imitated, or used, in whole or in part, without Tick3t’s prior written permission.
- Prohibited Use/Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort through or related to the use of this Website, ownership of any Tick3t NFT, or during attendance of any Tick3t sponsored, associated, or related event. You are solely responsible for your conduct while using our Website or in connection Tick3t NFT ownership benefits including attending any event or activity hosted, sponsored by, or otherwise related to Tick3t. By use of the accepted the benefits of Tick3t NFT ownership, you agree to:
- Not use or attempt to use another user’s account or wallet without authorization from that user.
- Not use or attempt to use another’s NFT which has been improperly acquired or otherwise stolen from its rightful owner.
- Refrain from sending, uploading, distributing, or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content.
- Refrain from distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
- Not use our Website other than for its intended purpose and/or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner.
- Not use any spider, site search/retrieval application, or other data gathering or extraction methods designed to scrape or extract data from our Website.
- Not remove any copyright, trademark, or other proprietary rights notices contained in or on the Website.
- Not employ, operate, or create any computer program to simulate the human behavior of a user (“Bots”) on the Website. This includes, without limitation, the use or attempted use of Bots to purchase NFTs on the Website or to reserve or purchase tickets to events on the Website.
- Not seize or otherwise wrongfully acquire any NFT or digital asset.
- Not reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website.
- Not use the Website for the purpose of creating a product or service that is competitive with any of Tick3t’s products or services.
- Note use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these TOS.
- Respect other Tick3t NFT owners at all Tick3t sponsored, associated, or related events, and refrain from conduct which is harassing, violent, or is otherwise inappropriate at such events.
Note that some Tick3t associated, sponsored, or related events shall permit Tick3t NFT owners to invite guest(s) to attend as well. Each NFT owner is responsible for any guest(s) which that owner invites to any Tick3t NFT event. Any action by guest(s) which violate these TOS shall be treated the same as if the action was done by the NFT owner himself/herself.
If you engage in any of the above prohibited manners or otherwise use the Website in a prohibited manner, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account. We reserve the right to deem any NFT purchase that took place as a result of Prohibited Conduct to be void ab initio and revoke all rights and befits which would otherwise accompany the ownership of that NFT.
- Children Under the Age of 18
The Website is not intended for anyone under the age of eighteen (18) years old. We do not knowingly collect personal information from anyone under eighteen (18) years old. If you are under the age of eighteen (18) years old, do not use or provide any information on this Website, use any of the interactive features of this Website, or provide any information about yourself to us.
Some Tick3t sponsored or associated events may be inappropriate for minors. Tick3t NFT owners are to use their own best judgment when choosing any guests to bring to such events.
You agree to defend, indemnify, and hold harmless Tick3t and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Tick3t arising out of or relating to your use or misuse, or anyone using your account’s use or misuse, of the Website, the Tick3t NFT, your violation of these TOS, or your violation, or anyone using your account’s violation, of any rights of another.
Tick3t makes no express warrantees and hereby disclaim all implied warrantees regarding the Tick3t NFT, Website, and any aspect thereof, including the implied warrantees of merchantability, fitness, non-infringement, correctness, accuracy, and reliability. To the fullest extent permitted by applicable law, Tick3t shall not be liable to you for any direct, indirect, consequential, incidental, punitive, exemplary, or other damage resulting or relating to your use of the Website or ownership of a Tick3t NFT.
Use of this Website and/or purchase of a Tick3t NFT is an agreement and acknowledgement by you that these TOS reflect and reasonable and fair allocation of risks between Tick3t and you. Tick3t would be unable to provide this Website, the Tick3t NFT, and its associated content and services to you without the limitations found in these TOS.
Some jurisdictions do not allow the exclusion of implied warrantees in contracts with consumers. Some or all of the exclusions or limitations in these TOS may not apply to you depending upon the jurisdiction in which you reside.
- Limitation of Liability/Release
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542.
- Assumption of Risk
Use of the Website and purchase of a Tick3t NFT is done at your sole risk. The Website is provided “as is” without warrantees of any kind, express or implied. Tick3t NFTs exist only via the ownership record maintained on the blockchain. Tick3t is not responsible for any loss of ownership of any Tick3t, or any other, NFT including any loss as a result of loss of password or log-in information, corrupted files, viruses, phishing, attacks against the Website or blockchain, transfer to non-compatible digital address, unauthorized third-party activities, or any other reason.
You are solely responsible for evaluating the Website and any vulnerabilities thereof. You accept the risk of Website failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold Tick3t accountable for any related losses.
- Dispute Resolution
In the event of a dispute, you agree that you shall first contact Tick3t and provide Tick3t at least thirty (30) day to make a good faith and sustained effort to resolve that dispute (“Informal Proceeding”) before resorting to more formal means of resolution, including without limitation, and court or arbitration action.
If, after the Informal Proceeding, a dispute still exists, any remaining dispute, controversy, or claim (the “Claim”) relating in any way to the Website, your use of Tick3t’s products and/or services, or any Claim arising under or relating to any Tick3t TOS, shall be resolved via confidential arbitration before JAMS under the then-current JAMS Comprehensive Arbitration Rules & Procedures, except as provided otherwise in this section. The arbitrator shall award attorneys’ fees and costs to the prevailing party. Any such arbitration shall take place in St. Louis, Missouri, or such other location as the parties may agree.
You and Tick3t agree that each party may only bring Claims against the other party in an individual capacity, and not as a plaintiff or member of any class action or mass action. The arbitrator shall not be permitted to combine or consolidate more than one party’s claims without the written consent of all affected parties to the arbitration proceeding. No Claim shall proceed by way of class arbitration without the written consent of all affected parties.
- Ticket Claim Process
Ownership of Tick3t NFTs shall provide the owners of those NFTs the right to claim and/or purchase tickets to sporting and other events not available to the general public. By purchasing a Tick3t NFT, you understand that the current claim process may change over time, and accept these changes may negatively impact your enjoyment of Tick3t NFT ownership. Tick3t explicitly reserves the right to change the ticket claiming process at any point for any reason, and your purchase of a Tick3t NFT is acceptance of those potential future changes. All claims and purchases related to Tick3t NFT ownership shall take place on the T3 Marketplace or in the private holder's only Discord chatroom.
USE OF BOTS OR OTHER AUTOMATED SERVICES TO PLACE CLAIMS AND/OR PURCHASE TICKETS ON THE T3 MARKETPLACE IS STRICTLY PROHIBITED. IF ANY TICK3T NFT HOLDER IS FOUND TO HAVE USED THESE PROHIBITED MEANS TO OBTAIN TICKETS ON THE T3 MARKETPLACE, TICK3T RESERVES THE RIGHT TO REVOKE ALL RIGHTS AND BENEFITS WHICH WOULD OTHERWISE ACCOMPANY TICK3T NFT OWNERSHIP.
Box Seat Claims- The box seats provided by Tick3t are provided to promote community interaction with other Tick3t NFT owners, and to allows those owners to come together with others in the Web3 world to network, share experiences, and enjoy the event’s entertainment with fellow Web3 natives. As such, tickets for box seats are only transferable within the community of Tick3t NFT holder's or on the T3 Marketplace and are not permitted to be sold or transferred via any other third-party marketplaces or otherwise. Any Tick3t NFT who is found to have sold a ticket(s) provided may have their waiver priority dropped, or may be prohibited from claiming any tickets for future events.
Non-Box Seat Premium Tickets- While it is our hope that Tick3t NFT owners will be able to attend the events which they purchase or claim tickets for, we understand that is not always possible. Therefore, any ticket obtained via claims in the Discord holder's chat or from the T3 Marketplace which is not a box seat shall be transferable by the recipient subject to any restrictions placed on such transfers by the venue or event. This is subject to change.
Waiver Claim Process- Tickets shall be made available to Tick3t NFT owners in two ways: (1) to be purchased at face value on the T3 Marketplace; and (2) to be claimed at no cost on the T3 Marketplace or the Discord holder's chat via Google Forms. Tickets available to be claimed for free vs. purchased will vary based on demand, event, and type of Tick3t NFT owned. All claims will utilize a waiver process whereby if there are multiple Tick3t NFT owners who wish to obtain the same ticket(s), the Tick3t NFT with the higher waiver priority will be given the first opportunity to claim. If the highest claiming waiver priority does not finalize their claim within twenty-four (24) hours of that Tick3t NFT winning the opportunity to claim, the next Tick3t NFT in waiver priority will be given the opportunity to claim that ticket.
Once a Tick3t NFT is given to opportunity to claim a ticket, that Tick3t NFT shall be placed at the end of the then-existing priority list. This includes any situations in which a Tick3t NFT is selected for the opportunity to claim a ticket, but does not in fact finalize their claim that ticket.
Black Pass Holders- Black Pass Tick3t NFT holders shall be given the opportunity to claim tickets to various events for free. Claims for Black Pass holders may be subject to minor fees or taxes for such claims, dependent upon jurisdiction and venue of event. Tickets available to be claimed for free vs. purchased will vary based on demand, event type, and ticket type. Ticket claims shall use the Waiver Claim Process discussed above. If the same electronic wallet also owns a Black Pass and a Silver Pass or two Black Passes, that wallet shall be given the opportunity to claim up to two tickets for that event, availability permitting. Black Pass Tick3t NFT holders shall also be given all the rights to purchase tickets on the T3 Marketplace as Silver Pass holders.
Silver Pass Holders- Silver Pass holders shall be given access to the T3 Marketplace, which allows holders to purchase premium tickets at face value. Initially, the offerings on the T3 Marketplace shall be done on a first-come-first-served basis. Tickets available to be claimed for free vs. purchased will vary based on demand, event type, and ticket type.
Any ticket on the T3 marketplace which is not claimed or purchased by a Tick3t NFT holder as of 7 days before the event is to occur, may be sold by the Tick3t to non-NFT holders.
- Governing Law/Venue
To the fullest extent permitted by law, these TOS and any claim or dispute arising from these TOS will be governed by and construed in accordance with the State of Missouri without regard to its choice of law provisions. Any claim or dispute arising out of or relating to our products and services, Terms, or your use of the Website, not otherwise covered by the Arbitration Provision of Section XII, shall be subject to the exclusive jurisdiction of state or federal courts in St. Louis Missouri and you hereby consent and submit to the personal jurisdiction of such courts.
Should any part of these TOS be held invalid, illegal, void or unenforceable, that portion will deemed severed from these TOS and will not affect the validity or enforceability of the remaining provisions of these TOS.
These TOS do not and are not intended to confer any rights or remedies upon any person or entity other than you. Any failure or delay by Tick3t to exercise or enforce any right or provision of these TOS will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision.
Tick3t may assign our rights and obligations under these TOS in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.
The Tick3t NFT
Attn. Terms of Sale
PO Box 63254
St. Louis, MO 63163