Last Updated: December 19, 2022
1. Your Acceptance of These Terms and Conditions
All references to “you” or “your,” as applicable, mean the person who accesses or uses the Site in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these T&Cs, your acceptance of the T&Cs will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the T&Cs or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the T&Cs are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The T&Cs and any applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY BEG IN ITS SOLE DISCRETION AT ANY TIME. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
2. BEG Marketplace.
- BEG Ticket Marketplace.BEG offers an online marketplace that allows Users (as defined below) to buy (each, a “Buyer”) tickets and other related items to events (each or together (as the context may require), a “Ticket”).
- No Endorsement. Unless otherwise expressly stated by BEG, the display of any Tickets on the Site does not in any way imply, suggest or constitute an endorsement by us of those Tickets or the events they relate to, or any sponsorship of us by the promoters of those events, or any other affiliation between those event promoters and us.
- Final Sale; No Resale. Orders for Tickets placed through the Site will be fulfilled by Ticket Evolution. ALL SALES ARE FINAL, AND TICKETS PURCHASED THROUGH THE SITE CANNOT BE RESOLD.
- Ticket Prices. Ticket prices listed on the Site may be set at, above or below the original price of the Ticket. All prices for Tickets are in United States dollars.
- Buying Tickets. Buyers are solely responsible for completing their transactions in their purchase of Tickets, including the payment of applicable fees. By committing to purchase a Ticket, you are entering into a binding contract with BEG to purchase the applicable Ticket. All sales are final, and except for canceled events, you will not receive a refund for any completed purchase. You cannot change or cancel orders after the sale is complete.
- You agree to supply BEG with the appropriate information necessary for delivery of Tickets, including, but not limited to, email address and physical address (if applicable). If you provide incorrect information for the delivery of Tickets, or you are unavailable to receive the Tickets when they are delivered, you will not be eligible for a refund.
- Number of Tickets or “Ticket Limits.”In an effort to give all interested customers an opportunity to purchase Tickets to an event or other items via the Service and to discourage unfair Ticket buying practices, we often set limits on the number of seating and/or parking rights, or tickets a single customer may purchase. You will be advised of any such limits during the purchase process, or by a system limitation on the number of Tickets you may purchase during your online session. Tickets purchased for an event during multiple online sessions via the Service may be totaled to ensure that any limitations imposed by BEG are not exceeded. Each BEG account must be linked to a unique individual, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits for a particular event, BEG may cancel, without notice, any or all Ticket purchase transactions made by you for such event and return the Tickets to BEG, in addition to prohibiting your Ticket purchasing abilities for the event.
- Use of Ticket Bot Technology.You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct Ticket transactions on the BEG online marketplace. You may not use ticket bot technology to search for, reserve, or purchase Tickets through the BEG online marketplace. For the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the BEG online marketplace, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the BEG online marketplace that is used to enforce posted event Ticket purchasing limits or to maintain the integrity of posted online Ticket purchasing order rules.
- Original Ticket Price.We may provide the original ticket price for a Ticket being sold on our Site prior to purchase, in accordance with applicable law. As a Buyer, you should understand that (i) we can only provide the original price if we have access to the information, and (ii) in the event we receive this information from a third party, we do not independently verify the truthfulness or accuracy of such information.
- BEG Properties.The Site, the Services, and the information and content available on or in the Site and the Services (as these terms are defined herein) (collectively, the “BEG Properties”) are protected by copyright laws throughout the world. Unless otherwise specified by BEG in a separate license, your right to use any BEG Properties is subject to the Terms.
3. Fees, Purchase Terms, and Credits.
- Service Fees.BEG may charge fees for buying and/or selling Tickets through our Services, as well as delivery or fulfillment fees (collectively, “Service Fees”), which is made available to you prior to buying or selling a ticket. BEG reserves the right at any time to change its Service Fees and billing methods. BEG may retain Service Fees if you do not fulfill your obligations hereunder or if the Event is canceled. You must provide BEG with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) a condition to signing up for the Services (each, a “Payment Method”). Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing BEG with your credit or debit card number and associated payment information, you agree that BEG is authorized to immediately invoice your Account for all fees and charges due and payable to BEG hereunder and that no additional notice or consent is required. You agree to immediately notify BEG of any change in your billing address or the credit or debit card used for payment hereunder.
- Payments by Buyers.As a Buyer you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
- Event Cancellations and Postponement.
- Event Cancellation. If an event is canceled and not rescheduled (a “Canceled Event”), BEG will remove the event and any listing related to the event from the Services, and provide Buyers with notice of the cancellation and further instructions. Buyers are required to retain their Ticket(s) with respect to Canceled Events and send them back to BEG or to the Seller, as directed by BEG. A Buyer will receive a refund or, subject to applicable state laws, a credit, to be determined in BEG’s sole discretion, once the Buyer has sent back the Ticket(s) in the manner and within the timeline given by BEG, and the Seller will not receive the Ticket Price. Please note that certain states require the refund of a Ticket if an event is canceled and BEG’s refund policy is intended at all times to comply with all applicable state laws. If you did not receive a refund for a canceled event but believe that you are entitled to one under applicable state law, please contact BEG immediately at firstname.lastname@example.org .
- Event Postponement. If an event is postponed, BEG will work with Buyers, on a case-by-case basis, to attempt to resolve the issues. Refunds or credits will not be issued for postponed events, unless they are canceled.
- Other Event Changes. BEG is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. No refunds or credits will be issued under such circumstances.
- Taxes. BEG collects and remits Sales Tax on ticket sales in the following jurisdictions: DC, GA, ID, LA, MN, MO, NC, OK, TN, TX, WI, WV. BEG may collect and remit Sales Tax in additional jurisdictions in accordance with applicable regulatory and legislative changes. If any Services, or payments for any Services or Tickets, under the Terms are subject to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify BEG for any liability, penalties, interest or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that BEG is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Withholding Taxes. You agree to make all payments of fees to BEG free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to BEG will be your sole responsibility, and you will provide BEG with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
- Third Party Payment Provider. BEG and/or its partners uses Braintree and Stripe for payment processing services.
- Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: email@example.com .
4. Ownership of This Site and Its Content
The Site, including any content that forms part of the Site, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright. All content and related intellectual property rights are the sole and exclusive property of BEG or its licensor. Except as otherwise provided herein, no content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without our express prior written permission. All rights not expressly granted by BEG in these Terms are expressly reserved.
5. User Conduct / Rules and Prohibitions
While using the Site you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
- Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Site for any purpose without BEG’s prior written approval;
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate information of content on the Site including, but not limited to, for use on a mirrored, competitive, or third-party site;
- Take any action that (a) may unreasonably encumber the Site’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Site; (c) bypasses measures that are used to prevent or restrict access to the Site; (d) circumvents, disables, or otherwise interferes with security features of the Site; (e) distributes viruses or any other technologies that may harm BEG or others; or (f) uses the Site in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
- Copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, use, display, mirror, frame or utilize framing techniques to enclose the Site, or any portion thereof, unless and solely to the extent BEG makes available the means for embedding any part of the Site;
- Alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Site unless expressly permitted by BEG;
- Violate any applicable law in your use of the Site; or
- Attempt to indirectly undertake any of the foregoing.
Your license to use the Site as provided in these Terms shall automatically terminate if you violate any of these restrictions and may be terminated by BEG at any time. We further reserve all rights and remedies available to us.
BEG may send you emails concerning the Site, as well as the products and/or services offered by BEG and its affiliates. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BEG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
8. Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. BEG IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AVAILABLE ON THE SITE OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL BEG AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF BEG AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
9. Third-Party Links and Services
The Site may provide information and content provided by third parties and links to third-party websites or resources. We are not responsible for the availability of such external sites or resources, and do not control, endorse, or sponsor and are not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that BEG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
10. Modification and Discontinuation of the Site
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party in such event.
11. Governing Law, Venue, and Jurisdiction.
The laws of the State of Delaware, USA, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms and/or the Site. All claims will be litigated exclusively in the federal or state courts of located in New Castle County, Delaware.
You are responsible for your use of the Site, and you agree to defend (at BEG’s option), indemnify, and hold harmless BEG and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.
BEG reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, BEG may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without BEG’s prior written consent.
If you send us any feedback or suggestions regarding the Site or our services, you grant to BEG and our affiliates an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use or share any such feedback or suggestions for any purpose without any obligation or compensation to you or any other party.
14. Modification of these Terms
We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Site, except as set forth below. Your use of the Site following any such change constitutes your agreement to be bound by the modified Terms.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Site.
Assignment. We may assign or transfer our rights and obligations under these Terms at any time in our sole discretion. You may not assign or transfer these Terms, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BEG’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
16. Contact Us
If you have questions about these Terms or the Site, please contact us by email at firstname.lastname@example.org.