Ticket Score, Inc. (“Ticketscore” or “we”, “us”, “our” and the like) is the owner and operator of www.ticketscore.com website (the “Site”), which is intended to allow customers to “buy-in” subject to weekly pricing set by TicketScore to purchase tickets to major sporting events for the team they select should their team makes it to the event selected (“Future”).
Purchase of Futures and Tickets
The purchase of tickets and Futures shall be subject to the Terms and in particular the TicketScore Purchase Terms.
Age of Consent
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not use the Site for any purpose other than to review events and promotional information, or to purchase tickets or Futures or merchandise for your personal use, unless otherwise specifically authorized by TicketScore to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by TicketScore to do so. We post a legal notice and various credits on pages of the Site, which may not be removed.
User Name and Password
Concurrently with your registration, you should select your unique combination of a user name and a password. Please memorize your user name and password, which will allow you to log-on in the future. You shall have the sole responsibility for keeping the confidentiality of your user name and password.
TicketScore has no means to check the identity of people logging-on using your user name and password. In order to secure your confidentiality, TicketScore strongly recommends that you change your password frequently. In any event of a suspicion that other people log-on using your user name and password, we recommend that you change your password immediately and notify TicketScore soon thereafter.
Intellectual Property Rights
All intellectual property rights in connection with the Site, including, without limitation, the copyrights, patents and trademarks, shall at all times be vested solely in TicketScore or its licensors and you acknowledge TicketScore’s or its licensors’, as the case may be, exclusive right, title and interest in any and all such intellectual property rights pertaining to the Site.
You agree not to do, or cause to be done, any acts or things contesting or in any way impairing or tending to impair any portion of our right, title and interest in and to said intellectual property rights.
Ownership of Materials
Without derogating from the aforesaid, all materials on the Site are copyrighted and are protected under world-wide copyright laws. TicketScore’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without TicketScore’s written permission and you agree not to record, copy, edit, reproduce, generate, publish, or otherwise communicate any content which is included in the Site. TicketScore does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
TicketScore will terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without the prior written consent of TicketScore and will be entitled at its sole discretion, to terminate a user’s rights to use or access the Site if it believes that an alleged infringement has occurred.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
Third-Party Products and Services.
We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
TicketScore does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against TicketScore for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
The following is a partial list of the kind of content which is illegal or prohibited on the Site. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; Engages in commercial activities and/or sales without TicketScore’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes or that otherwise advertise or promote any products and/or services; Otherwise promotes any fraudulent or illegal activities
Although TicketScore cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
No Commercial Use
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior express written permission of TicketScore. You further agree information you provide us will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information.
Unauthorized Use of the Site
Without derogating from the aforesaid, illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket or Futures sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us with specific information regarding your right to a Future, the source of a Future, your acquisition of a Future, and the price you paid for a Future.
Disclosure of information. You agree that TicketScore may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. TicketScore will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Deleting and Modification
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
Except as stated otherwise, any notices shall be given to TicketScore by postal mail to Ticket Score, Inc. P.O. Box 7502, Wilton, CT 06897, United States of America, or to you either by postal mail or the email address you provide to us during the registration process.
Disclaimer and Limitation on Liability
TICKETSCORE DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. TICKETSCORE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SITE AND ALL PRODUCTS, SERVICES AND OTHER MATERIALS (IF ANY) PROVIDED BY TICKETSCORE ARE FURNISHED BY US ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY ANY APPLICABLE LAW, TICKETSCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES OF OR AGAINST INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT, WORKMANLIKE EFFORT, FREEDOM OF VIRUSES AND OTHER MALICIOUS OR HARMFUL PROGRAMS OR FILES, QUALITY, ACCURACY, TIMELINESS, SUITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, COMPLETENESS, UNINTERRUPTED PERFORMANCE, RELIABILITY, TITLE, COMPATIBILITY, INTEGRATION, NO ENCUMBRANCES, NO LIENS. TICKETSCORE MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE TICKETSCORE SERVICE. TICKETSCORE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS ANDCONDUCT OF ANY THIRD PARTY USERS, TICKETSCORE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE TICKETSCORE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE TICKETSCORE SERVICE. TICKETSCORE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. WITHOUT LIMITING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS AND/OR THIRD PARTY ADVERTISERS, SERVICE AND/OR PRODUCT PROVIDERS REFERENCED ON OR INCLUDED IN THE SITE TO TICKETSCORE. TICKETSCORE MAY INVESTIGATE THE CLAIM AND TAKE APPROPRIATE ACTION, IN ITS SOLE DISCRETION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, TICKETSCORE SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, THE PERFORMANCE OF THE SITE OR DAMAGES FOR LOSS OF DATA OR INFORMATION OR DAMAGE TO YOUR COMPUTER OR ANY DATA STORED IN IT, RESULTING IN THE FULL OR PARTIAL ERASURE OF ANY INFORMATION CONTAINED THEREON; AND ALL WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TICKETSCORE HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, IT IS SPECIFICALLY RECORDED THAT TICKETSCORE’S TOTAL AND AGGREGATE LIABILITY TOWARDS ANY SITE USER INCLUDING IN CONNECTION TO ANY FAILURE (FOR ANY REASON) TO SUPPLY SAID USER WITH TICKETS (UNDER ANY CONFIRMED TICKET ORDER AND/OR UNDER ANY CONFIRMED FUTURE) SHALL BE LIMITED TO THE AMOUNT SAID USER ACTUALLY PAID TICKETSCORE FOR SAID TICKETS OR FUTURES (AS THE CASE MAY BE).
If the user has a dispute with one or more parties or registered users, the user releases TicketScore and its affiliates 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.
If you are a resident of California or subject to the laws of California, you acknowledge that California Civil Code Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of California, you agree to waive California Civil Code Section 1542. If you are a resident of any other state or foreign country, you agree to waive in advance any similar law of such other jurisdiction.
TicketScore is not liable for game cancellations, postponements or interruptions, for unauthorized use of credit cards, or for credit card fraud, for the personal safety of fans or audiences attending an event or for other matters outside our control.
You agree to indemnify and hold TicketScore, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any user content, any third party applications, software or content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of these Terms or Use or of any law or the rights of any third party.
You agree that TicketScore 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 TicketScore and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against any and all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by TicketScore that arise out of any third party or governmental claim that involves, relates to or concerns (1) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (2) any dispute concerning the tax status of TicketScore.
These defense and indemnification obligations survive this Agreement and your use of the Site.
Governing Law and Settlement of Disputes
You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sample products, freebie offers or services obtained by you through such use, shall be litigated in New York or the United States District Court for the Southern District of New York. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that New York or the southern district of New York is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by TicketScore and/or its third party internet provider/web administrator. As such, the laws of New York will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
You and TicketScore are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the sections to which they apply. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement and all incorporated agreements may be automatically assigned by TicketScore, in our sole discretion, to a third party in the event of a merger or acquisition.
TicketScore Purchase Terms
TICKETSCORE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS ANDCONDUCT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ARISING OUT OF THE PURCHASE OR SALE OF ANY FUTURES OR TICKETS FROM ANY SOURCE OTHER THAN TICKETSCORE.
Pricing and Payment
A purchaser of a Future agrees to the weekly pricing schedule as set by TicketScore. When you purchase a Future, you are committing to weekly billing according to the changing weekly pricing schedule set by TicketScore for a particular event for the team that you select. When you purchase a Future you agree to TicketScore’s set weekly price increases. A purchaser of a Future agrees that TicketScore may bill and/or charge the purchaser weekly for the Future purchased. By purchasing any Future, product and/or service from TicketScore, Customer expressly authorizes TicketScore to direct the stipulated payment/charge pursuant to the Purchase Terms, which includes the weekly pricing schedule for said Futures, products and/or services, to be made to Customer’s credit card account. Purchasers are paying weekly as the season goes and may stop paying at any time. If the purchaser stops payment or opts out, the Future is immediately cancelled, and the purchaser has absolutely no rights to any ticket. After the purchaser stops paying at any time, no money paid in previous weeks will be refunded for any purposes. If a billing problem arises with the payment information supplied by the user, the user will receive a system generated email stating that they have 72 hours from the time of the email notification to contact TicketScore and correct any billing problems, including, but not limited to, providing updated billing information. If the billing problem is not corrected by the user within the 72 hours from the time of the email notification, and/or if the user fails to contact TicketScore within 72 hours from the time of the email notification, TicketScore will consider the failure as a an opt-out, the Future will be immediately cancelled, and the purchaser has absolutely no rights to any ticket. It is the Users responsibility to correct any billing problems without limitation, including problems with their credit card company, in the time set forth above. Furthermore, no money paid in previous weeks will be refunded if the purchaser fails to provide updated billing information that rectifies the billing problem within 36 hours from the time of the email notification from TicketScore advising of the billing problem.
Order Confirmation and Tickets Delivery
Subject to the above, only confirmed Future orders will be honored. A confirmation will be supplied to a user in the form of an email or confirmation letter. In the event that a user does not receive a confirmation following completion of the Future process he/she should contact the Site. TicketScore reserves the right to cancel any Future and any ticket (and/or any Future or ticket order) the price of which was not fully paid to TicketScore. Delivery methods of tickets shall be as indicated during the Future process. Ticketscore reserves the right to make a cash payout of 3x face value of the event ticket, for any and all events it offers.
Subject to the terms of the “Future” chapter above, TicketScore shall not provide a refund (or any other remedy) to any user who placed a Future (to purchase Future/s or ticket/s) in the Site including in cases of damaged, lost or stolen tickets or in cases of postponed Sporting Events for any reason whatsoever including events of non-appearance of the competing team, and events of force majeure etc.
TicketScore shall not be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, failure of suppliers, subcontractors, delivery service providers and carriers, or any party to substantially meet its performance obligations under this Agreement and/or any other cause beyond the reasonable control of the party whose performance is affected.
Users are prohibited from seeking a refund/chargeback not only from TicketScore but also from their credit card companies. In such cases users should contact the relevant Event Partner regarding refund or exchange procedures promulgated by the Event Partner.
THERE ARE ABSOLUTELY NO REFUNDS EXCEPT IN THE UNLIKELY EVENT THAT THE GAME IS CANCELLED.
Customer understands and agrees that all Futures, products and services purchased are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any Future, product or service from TicketScore, Customer shall be solely responsible for and shall bear (and/or reimburse) TicketScore for any charge-backs or fees issued to TicketScore from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer. Stated another way, should Customer request a refund or charge cancellation from any credit card company, merchant bank or other source of payment processing against the purchase of TicketScoreFutures, products and services, and should said card company, merchant bank or other source thereafter impose any fee or direct any charge back fee or amount to TicketScore at the request of said Customer, Customer shall reimburse TicketScore for the amount of said charge back fee and the purchase amount, including but not limited to, the cost of the Future, including the weekly price increases pursuant to the Purchase Terms, for said Futures, products and services (the “total amount”). By purchasing any Future, product and/or service from TicketScore, Customer expressly authorizes TicketScore to direct the stipulated payment/charge pursuant to the Purchase Terms, which includes the weekly pricing schedule for said Futures, products and/or services, to be made to Customer’s credit card account (the same being the credit card account used in the purchase of said product) in the amount of said “total amount” to TicketScore for such reimbursement, plus a twenty-five percent (25%) administrative fee to cover the costs and time involved with this process. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to TicketScore for fees incurred, is fair and reasonable and is not a penalty clause or provision.
Chargebacks are not determined by TicketScore but independently by the financial institution of the buyer’s funding source, who will determine whether a payment should be reversed
Event Partners and Event Organizers Related Rules and Procedures
Admission and attending Sporting Events may be subject to rules and procedures of Event Partners and/or other event organizers. For example, admission may be subject to searches; specific goods may be banned; rules of conduct may apply etc. Users must adhere to such rules and procedures.
Limitation of Liability