User Agreement

Welcome to QTix! By accessing or using our website (the ‘Site’), our mobile applications and associated services (collectively, the ‘Services’), you agree to be bound by the QTix. User Agreement (“Agreement”). Our User Privacy Notice, Seller Policies, Top Seller Manual (if you qualify as a Top Seller) and all other policies applicable to your use of the Site are incorporated by reference into this Agreement (collectively, the “Additional Policies”). We may periodically make changes to this Agreement (indicated by the date above), which will be posted on the Site and become effective fifteen (15) days following posting for current users, or immediately for new users. Your continued use of the Site indicates your acceptance of the changes to the Agreement. Changes to the Additional Policies, except the User Privacy Notice, may be made from time to time without notice and your continued use of the Site or Service constitutes your acceptance of the modified terms of the Additional Policies.
You are contracting with QTix, a dba of Salt Lick Publishing, LLC. (“QTix”).

PLEASE BE ADVISED: SECTION 7 OF THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST QTIX ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. USING QTIX
TICKET MARKETPLACE.
QTix is a marketplace that allows users to buy (“Buyers”) and sell (“Sellers”) tickets, related passes and merchandise or other goods (collectively, the “tickets”) for events. As a marketplace, QTix does not own the tickets on the Site nor does it set prices for tickets. Because sellers set ticket prices, they may be higher than face value.
While QTix may provide pricing, shipping, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes and provide the FanProtect Guarantee, QTix has no control over and does not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of the user’s content or listings; the ability of Sellers to sell tickets or Buyers to pay for them; or that a Buyer or Seller will complete a transaction.
YOUR ACCOUNT.
You must create an account to list, sell or purchase tickets and you must have a valid credit card or debit card on file. QTix also accepts payment by PayPal. You acknowledge that QTix may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies).
FEES.
We may charge service, shipping, delivery, fulfillment or other fees for using our Services (collectively referred to as ‘Fees’). QTix reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after you list your tickets.
In addition, we may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. QTix, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information QTix reported to a credit bureau, contact QTix. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
LISTING TICKETS.
Pricing tickets is the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws. Under no circumstances may you list speculative tickets. Please refer to the Seller Policies for other requirements when listing tickets.
COMMITMENT TO SUPPLY.
By listing a ticket for sale, you are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the price you have specified. When a Buyer accepts your offer by purchasing your ticket through our Site or Services, you are contractually bound to deliver that exact ticket for the specified price and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in the Seller Policies.
TAXES.
You are solely responsible for the payment of any applicable taxes resulting from your ticket sales. You agree to provide QTix with your Social Security Number or other tax identification number if necessary for QTix to provide information to the Internal Revenue Service (“IRS”) or other tax authorities related to payments you receive from us and further authorize QTix to release that information to the IRS or other tax authority.
SITE CHANGES AND AVAILABILITY.
QTix reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or Services with or without notice for any reason. QTix performs regularly scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
BUYING TICKETS.
You are responsible for reading the complete listing before making a commitment to buy tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those tickets. Payment is remitted to QTix and disbursed to the seller according to our payment policy. All Sales are Final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete.
EVENT CANCELLATIONS, POSTPONEMENT, AND OTHER EVENT CHANGES.
Cancellation: If an event is cancelled or a contingent event (e.g. playoff game) does not occur, we will remove the relevant listings and email you about the cancellation. The Buyer will receive a full refund and the Seller will, if he received payment, be charged the amount he received for the original sale. If a Seller needs his tickets to obtain a refund of the original purchase, he must reply to QTix’s cancellation email within two weeks of the event cancellation.
Postponement: If an event is postponed and rescheduled, QTix will work with Buyers on a case-by-case basis attempting to resolve any ticket issues. Sellers cannot resell, invalidate or change the tickets for the rescheduled event. If a venue requires new tickets for rescheduled events, sellers are expected to deliver the new tickets. QTix reserves the right to cancel orders if new tickets are required. Refunds will not be issued for postponed events (unless they are ultimately cancelled).
Other changes: QTix is not responsible for partial performances, or venue, line-up, date, or time changes. No refunds will be issued in these instances.
INTERNATIONAL TRANSACTIONS AND USE OF QTIX MOBILE APPLICATIONS.
Your QTix account can also be used to access or transact on other international QTix websites or QTix mobile applications, subject to the applicable User Agreement and User Privacy Notice, which may differ from this Agreement.
2. ABUSING QTIX

When using the Site or the Services, you agree that you will not do any of the following:

  • Contact or invite contact with other QTix users for any reason other than the purpose for which you received the QTix user’s contact information or solicit sales outside of QTix;
  • Violate any venue or event promoter rules at events or violate any applicable third party terms of service (for instance, when using our mobile applications);
  • Use our Services if you are not able to form legally binding contracts (for example if you are under 18);
  • Use the Site or the Services for unlawful purposes or in an unlawful manner;
  • Use QTix’s trademarks without our written permission;
  • Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of QTix and the appropriate third party, as applicable;
  • Commercialize any QTix application or any information or software associated with such application;
  • Export or re-export any QTix application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions;
  • Use any robot, spider, scraper, or other automated means to access our Site for any purpose without our express written permission;
  • Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Site;
  • Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services; or
  • Do anything else that QTix determines, in its sole discretion, misuses the Site or Services or otherwise negatively impacts our marketplace
In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.
3. USER CONTENT AND IDEAS
USER CONTENT.
You own and are solely responsible for any content including images, text, audio or other materials that you submit (‘User Content’).
By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant QTix the right to use your name or image in association with your User Content, if we so choose.
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify QTix for any and all claims resulting from your User Content.
QTix has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and QTix will not be liable for its use or disclosure.
IDEAS.
If you submit ideas, suggestions, documents, and/or proposals (‘Ideas’) to QTix, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that QTix may have something similar to the Ideas under consideration or in development.
4. PROTECTING INTELLECTUAL PROPERTY RIGHTS
QTix respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people’s intellectual property rights, we will terminate your account when appropriate.
5. CONSEQUENCES
If we believe you are abusing QTix in any way (including, by way of example only, suspected violations of the User Agreement or applicable law, and actions that fail to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes)), we may investigate and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for such abuse. These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the ticket(s) to the Buyer within a specified time, withholding a payment to you, or charging the payment method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required. In addition, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
6. PRIVACY AND COMMUNICATIONS
All communications between you and QTix (including our service providers, our parent company, eBay Inc., members of the eBay corporate family or our affiliates) are subject to our User Privacy Notice.
You consent to receive calls, including autodialed or prerecorded calls, and text messages from QTix at any telephone number that you have provided us or we have otherwise obtained. We may place such calls and texts to (i) notify you regarding your account; (ii) provide customer support; (iii) collect a debt; (iv) resolve a dispute; (v) poll your opinions through surveys or questionnaires; (vi) contact you with marketing or promotional material; or (vii) as otherwise necessary to service your account, provide the Services, applications or tools, or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Standard rates may apply.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
In addition, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by QTix so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
If QTix provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. You may not distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
7. AGREEMENT TO ARBITRATE LEGAL DISPUTES WITH QTIX.
You and QTix each agree that any and all disputes or claims that have arisen or may arise between you and QTix relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to QTix’s Site or Services, or any tickets or related passes sold or purchased through QTix’s Site or Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(a) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND QTIX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND QTIX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER QTIX USERS.
(b) Arbitration Procedures
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (‘AAA’) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice. A Notice to QTix should be sent to eBay Inc., Attn: Litigation Department, Re: QTix Notice of Dispute, 583 W. eBay Way, Draper, UT 84020. QTix will send any Notice to you to the physical address we have on file associated with your QTix account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and QTix are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or QTix may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to QTix at the following address: QTix, Inc. c/o National Registered Agents, Inc., 2875 Michelle Dr., Ste. 100, Irvine, CA 92606. In the event QTix initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your QTix account. Any settlement offer made by you or QTix shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or QTix may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and QTix subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or QTix may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different QTix users, but is bound by rulings in prior arbitrations involving the same QTix user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(c) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, QTix will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by QTix should be submitted by mail to the AAA along with your Demand for Arbitration and QTix will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, QTix will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse QTix for all fees associated with the arbitration paid by QTix on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
(d) Severability
With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate (‘Prohibition of Class and Representative Actions and Non-Individualized Relief’), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate (‘Prohibition of Class and Representative Actions and Non-Individualized Relief’) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement will continue to apply.
(e) Opt-Out Procedure
You can choose to reject this Agreement to Arbitrate (‘opt out’) by mailing us a written opt-out notice (‘Opt-Out Notice’). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time. You must mail the Opt-Out Notice to QTix, Inc., Attn: Litigation Department, 2145 Hamilton Avenue, San Jose, CA 95125.
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the QTix account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(f) Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and QTix prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and QTix. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.QTix.com at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
8. APPLICABLE LAW
Except as otherwise stated, the Agreement shall be governed by the laws of the State of California.
9. TRANSACTIONS INVOLVING TICKETS TO EVENTS IN ILLINOIS
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association (‘AAA’) under its rules and procedures. The AAA’s rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement and all incorporated Policies. Buyers and Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF QTIX’S SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. QTIX MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT AND IN OUR FANPROTECTTM GUARANTEE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, QTIX (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES;
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
11. RELEASE AND COVENANT NOT TO SUE
To the fullest extent permitted by law, you release and covenant not to sue QTix, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all 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 disputes between users. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. INDEMNIFICATION
You agree to indemnify and hold QTix and (if applicable) QTix’s parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the ‘QTix Indemnitees’) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by QTix and (if applicable) any QTix Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of QTix’s Site or Services, and/or your violation of any law or the rights of a third party.
13. GENERAL PROVISIONS
This Agreement, together with all additional policies referenced above constitutes the entire agreement between you and QTix relating to your use of our Site or Services. You consent to receive notice by email to the address provided at registration. To the extent this Agreement conflicts with the Top Seller Handbook, the Top Seller Handbook governs. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. 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. QTix may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of QTix, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. This Agreement is for your benefit only, not for the benefit of any third party except for QTix’s permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing QTix, User Content and Ideas, Consequences, Agreement to Arbitrate Disputes with QTix, Limitation of Liability, and Indemnification.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
TO REPORT INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY
If you have a good faith belief that your intellectual property rights have been violated, you can submit a Notice of Claimed Infringement to QTix’s designated agent with the following information:
  1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification or description of the copyrighted work or other intellectual property you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the right at issue (for example, trademark or patent);
  3. Identification or description of where the material that you claim is infringing is located on QTix, with enough detail that we may find it on the Site including, whenever possible, the URL;
  4. Brief description of how the challenged content infringes the owner’s intellectual property rights;
  5. Your address, telephone number, and email address;
  6. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  7. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
QTix’s designated agent can be contacted as follows: by mail to QTix’s Designated Agent, QTix, Inc., 583 West eBay Way, Draper, Utah 84020; by email to copyright@QTix.com; by phone at 1.866.322.9106; or by fax to 1.801.757.9521.
TO CHALLENGE A DMCA TAKEDOWN
DMCA Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Designated Agent at the address(es) listed above:
  1. Your physical or electronic signature;
  2. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by QTix’s Designated Agent, QTix may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at QTix’s sole discretion.

  • Most mobile devices allow you to control or disable the use of location services in the device’s settings’ menu.
  • You may also be presented with an additional notice when using our Services explaining any additional information we may collect from you that is not listed in this notice.
  • Computer and connection information;
  • Statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, browsing history and web log information.

PERSONAL INFORMATION WE COLLECT USING COOKIES, WEB BEACONS AND SIMILAR TECHNOLOGIES

We use cookies, web beacons, unique identifiers, and similar technologies to provide and improve our Services and personalized advertising and marketing and to provide a safer and personalized experience on our sites. We collect information about the pages you view, the links you click and other actions you take on our Services, or within our advertising or email content. For more information about our use of these technologies and how to control them, see our notice on Cookies, Web Beacons and Similar Technologies.

PERSONAL INFORMATION FROM OTHER SOURCES

  • We may supplement the information we collect from you with information from third parties and add it to your account information. This may include publicly available demographic information; additional contact information, user information or account information (including third-party account information) and other information required to verify your or your business’ identity or user information or to assess fraud; credit check information; and information from credit bureaus as permitted by law. We may combine information you give us with information we collect from other sources and use it for the purposes disclosed in this Privacy Notice.
  • We may allow you to share information with third party social media sites, or use social media sites or other sites connected to your account. Those social media sites may give us access to certain personal information stored by them (e.g. content viewed, content liked by you, and information about the advertisements within the content you have been shown or may have clicked on etc.). If you provide us with access to any site with video content, then you agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information you allow us to have access to through the privacy settings on that third party site and the permissions you give us when you grant us access. By associating an account managed by a third party with your account and authorizing QTix to have access to this information, you agree that QTix may collect, use and store the information provided by these sites in accordance with this Privacy Notice.
  • If you give us personal information about someone else, you must do so only with their consent. You agree to inform them that we have collected their personal information and tell them how we collect, use and disclose the personal information.

USE AND RETENTION

Use and Retention

We use the personal information we collect to operate, improve and personalize our Services, to contact you and provide you customer service, customize our advertising and marketing, to detect, prevent and mitigate fraudulent or illegal activities and to comply with our legal obligations. You agree that we may use your personal information as follows:

OPERATE, IMPROVE, AND PERSONALIZE OUR SERVICES

  • Provide you use of and access to our Services;
  • Give you access to your purchase and sales history, payment transaction history, internal email and other features and functionalities;
  • Customize, measure and improve our Services;
  • Provide other services requested by you as described when we collect the information;
  • Provide you with location-based services, such as advertising, search results, and other personalized content using geo-location information.

CONTACT YOU AND PROVIDE YOU CUSTOMER SERVICE

  • Provide customer support you request for our Services or for the products offered by members of our corporate family;
  • Contact you, either via postal mail, email, phone (including using auto-dialed or pre-recorded messages and text messages) to provide you with information regarding your listings, sales, purchases or payment transactions, resolve disputes, collect fees, and troubleshoot problems with your account or our Services, poll your opinions, and for other purposes authorized by law and consistent with this Privacy Notice. You consent to receive autodialed or pre-recorded calls and text messages as described in our User Agreement. Message and data rates may apply.

CUSTOMIZE OUR ADVERTISING AND MARKETING COMMUNICATIONS WITH YOU

  • Customize, measure, and improve our content and advertising based on your ad customization preferences;
  • Contact you and deliver targeted marketing about our services and those of our corporate family, service updates and promotional offers either via email, telephone (including using auto-dialled or pre-recorded messages), SMS text, or postal mail, based on your communication preferences. Message and data rates may apply.

DETECT, PREVENT AND MITIGATE FRAUDULENT OR ILLEGAL ACTIVITIES

  • Prevent, detect, investigate and report fraud, security breaches, potentially prohibited or illegal activities;
  • Protect the security or integrity of our sites and Services;
  • Enforce our User Agreement or other applicable policies;
  • Compare the personal information you provide for accuracy, and verify it with information provided by third parties as necessary.

OTHER

  • For accounting and litigation purposes

We retain your personal information as long as it is necessary and relevant for our operations. Upon request, personal information from closed accounts will be deleted or rendered anonymous as soon as reasonably possibly after the account is closed or deactivated. Under certain circumstances we may retain personal information from closed accounts to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement, comply with applicable legal data retention obligations and take other actions permitted by law. After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.

CHOICE

Choice

You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with customized and relevant advertising.

COMMUNICATION PREFERENCES

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you received, change your Preferences within My Account or indicate your preferences within the direct communication from us. You may not opt out of receiving administrative messages, customer services responses or other transactional communications. If you have agreed to receive marketing communications through check-out with our partners, you must change your communication preferences with them directly.

ADVERTISING

We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent. If you do not wish to participate in our ad-customization programs, you can opt-out by following the directions provided within the applicable advertisement. The effect of an opt-out will be to stop targeted advertising, but it will still allow the collection of usage data for certain purposes (e.g. research, analytics and internal online services operation purposes).

WITHDRAW CONSENT

If you withdraw your consent for the use or disclosure of your personal information for the other purposes set out in this Privacy Notice you may not have access to all of our Services and we might not be able to provide you all of the Services and customer support offered to our users and authorized under this Privacy Notice and our User Agreement.

ACCESS

Access

We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access or correct it.

  • You can see, review and change most of your personal information by signing on to your account. Please update your personal information immediately if it changes or is inaccurate.
  • Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law.
  • We will honor any statutory right you might have to access, modify or erase your personal information. You can contact Customer Service to request access. Where you have a legal right to request access or request the modification or erasure of information, we can still withhold that access or decline to correct information in some cases in accordance with applicable law, but will give you reasons if we do so.

DISCLOSURE

Disclosure

We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect the rights, property or safety of any member of the eBay Inc. corporate family, other users or third parties. Such information will be disclosed only in accordance with applicable laws and regulations (such as professional secrecy obligations). We minimize the amount of personal information we share to what is directly relevant and necessary to accomplish the specified purpose. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.

We may share your personal information with:

  • Members of the eBay Inc. corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, to guide decisions about their products, sites, applications, tools, services and communications and to provide customized advertising. Members of our corporate family may use this information to send you marketing communications only if you have consented to their services and will use your personal information in compliance with their respective privacy policies and our global privacy standards.
  • PayPal Inc. and its corporate family to prevent fraud or assess and manage risk (including to help protect your account from fraudulent activity or alert you if we detect such fraudulent activity on your account), to provide customer services (including to help service your account or resolve disputes, e.g., billing or transactional), and to comply with anti-money laundering and counter-terrorist financing verification requirements.
  • Third party service providers, payment processors and financial institutions under contract who help with our business operations (such as, but not limited to, fraud detection and investigations, identity verification services, payment processing, bill collection, affiliate and rewards programs, website operations, fulfilment and delivery services or ticket cancellation and reissue services).
  • Co-brand partners for certain sites, events or listings. When we identify a co-brand partner for a site, event or listing, you agree that we may share contact information and transaction data (excluding payment information) with that partner. Information shared with a co-brand partner is subject to their privacy policy. We do not control the privacy policies of co-brand partners and we encourage you to review their privacy policies.
  • Marketing partners for certain sites, events or listings where you agree during checkout that you would like your information shared for their marketing purposes. We may share your contact information and transaction data (excluding payment information) with the marketing partner identified in checkout. Information shared with a marketing partner is subject to their privacy policy. We do not control the privacy policies of marketing partners and we encourage you to review their privacy policies.
  • Other QTix users, whether located in your country of residence or outside of your country of residence, as necessary or appropriate for the transaction or as authorized by your use of our Services. For example, when you purchase a ticket, a seller may receive your contact information and transaction data (excluding payment information) or other information that might be included on a ticket in order for the seller to complete the transaction or provide box office services. Such information is subject to the seller’s privacy policy.
  • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
  • Local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties, in response to a verified request relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) or alleged illegal activity or any other activity that may expose us, you, or any other QTix user to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, address, telephone number, email address, IP address, fraud complaints, sales and/or purchase history or payment transaction history.
  • Credit bureaus to which we might report information about your account, including information on late fee payments, missed fee payments or other defaults on your account that may be reflected in your credit report, as allowed by applicable law.

While we use contractual and other measures to ensure protection of personal information, the laws and regulations relating to privacy and personal information protection in other jurisdictions may not be the same as, or similar to, your local privacy laws. The governments, courts, law enforcement or regulatory agencies in these other jurisdictions may be able to request disclosure of personal information through the laws of these countries. In an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm, financial loss or to report potentially illegal or fraudulent activity.

If we were to merge with or be acquired by another company, we may share information with them in accordance with our Global Privacy Standards. Should such an event occur, we will require that the new combined entity follow this Privacy Notice with respect to your personal information. If your personal information will be used or disclosed for any purposes not covered in this Privacy Notice, you will receive prior notification of the use of your personal information for the new purposes.

SECURITY

Security

We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

IMPORTANT INFORMATION

Important Information

There are just a few more pieces of important privacy information related to your use of our Services that we need to cover:

USING INFORMATION OBTAINED ON QTIX

Other users have access to the information you share on QTix (e.g. listings, ratings and reviews, business seller information) and may have access to other users’ contact, delivery and transaction data as necessary to facilitate ticket purchases, sales and payment transactions. You may only use the personal information that you have access to for transaction-related purposes, for using services offered through QTix (such as delivery services) and for purposes expressly consented by the user to whom the information relates. Using personal information that you have access to for any other purpose, including marketing without appropriate consent, is a violation of our User Agreement and other policies.

UNWANTED OR THREATENING EMAIL

Sending unwanted or threatening email is against our policies and constitutes a violation of our User Agreement. To report QTix-related spam or spoof emails please forward the email to safety@qtix,us.

CHILDREN’S PRIVACY

Our websites are general audience websites, and our Services are not intended for users under the age of 18.
We do not knowingly collect personal information from users in this age group.

THIRD PARTY PRIVACY PRACTICES

This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, their privacy notices and practices will apply. We cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of any third party before entering into a transaction and choosing to share your information.

QUESTIONS OR COMPLAINTS

If you have questions or concerns about this Privacy Notice or our global privacy or information handling processes, you can contact

QTix, Inc.
199 Fremont Street, Suite 300
San Francisco, CA 94105

You can also find more information on our global privacy processes and how to contact us at our eBay Privacy Center.

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