Introduction to the NYCR and TeamTix.
Before considering the legal terms in the sections below, we wish to tell you about our marketplace. The NYCR is a venue where members can purchase and sell TeamTix. The rights to attend the Game represented by TeamTix and other instruments are granted by the NYCR who is responsible for such products. We simply provide an independent marketplace where interested buyers and sellers can meet to transact at prices established by them in a fair and open market. Moreover, our payment protocol protects a seller from buyer default. We, of course, are not responsible for matters outside our reasonable control including, without limitation, cancellation, postponement or interruption of the Game, unauthorized use of a credit card, or credit card fraud, or the personal safety of fans or audiences attending the Game. A TeamTix is an instrument which: (i) gives the holder the right to purchase a ticket to the Game, the occurrence of which may be known or is contingent upon one or more factors and (ii) obligates the holder to purchase the ticket if the Game is scheduled to occur. The price of a TeamTix is separate from and in addition to the price a holder will have to pay for the underlying ticket if the Game is scheduled to occur. If the Game does not occur, the holder will not be entitled to a refund of the TeamTix price. NYCR reserves the right to adjust initial issuance prices based on a variety of market dynamics which include but are not limited to demand, team records, and the likelihood of a team participating in the event.
The NYNJ.teamtix.com marketplace is available only to individuals who are 18 years of age or older or who have reached the age of majority to form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors or to suspended or terminated users. If you do not qualify, please do not use the Services.
Transaction Fees and Listings.
You can view our Listings free of charge without registering. In order to buy, sell, or bid on any of our Listings, or submit user submissions, you must register with NYCR. The buyer and seller of a listing on our system (respectively "Buyer" and "Seller") each pay a transaction fee. Please see our F.A.Q section to view the fees for each market. The transaction fee paid by the Seller is deducted from the proceeds of sale. The transaction fee paid by the Buyer is added to the cost of the transaction and is clearly stated before the transaction takes place. When you place an order you have an opportunity to review and accept the transaction price and fee that you will be charged in the event of a transaction. We may in our sole discretion change, remove or suspend some or all of our Listings or Services and the fees we charge at any time. In the event we introduce a new Listing or Service, these fees are applicable (unless specifically stated otherwise) for that Listing or Service and are effective at its launch. Unless otherwise stated, all fees for transactions are quoted in US Dollars. You are responsible for paying all fees associated with using our service and the Site and any applicable taxes.
The Role of the NYNJ Site.
The NYNJ site offers a single marketplace to its users for Super Bowl XLVIII and Related Services (e.g. Lodging, Entertainment, Transportation, etc.).
NYNJ-Supplied Marketplace. The NYNJ Marketplace, through its electronic registration of Listings offered on our marketplace, stands responsible for the authenticity of Listings registered in the Marketplace. The delivery of Listings is the sole responsibility of the NYCR. Where delivery of a Listing is refused, prevented, hindered, delayed or otherwise made impractical beyond NYCR's reasonable control and such occurrence cannot be overcome by reasonable diligence and without unusual expense, NYCR shall be excused from delivery and have the right, but not the obligation, to compensate the TeamTix holder at the close of the market with a payment equal to 120% of the amount paid if user is the current holder of the TeamTix contract. Notwithstanding the foregoing, in no event shall NYCR refund a user less than what they paid for the TeamTix should delivery of the tickets not occur.
Grant of License.
As discussed above, the NYNJ acts as a marketplace only to allow Buyers and Sellers to interact regarding Listings. The submission and confirmation of orders are transactions between Buyers and Sellers only. If you have a dispute with one or more parties or registered users, you release NYCR and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You acknowledge that NYCR Civil Code provides: "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." If you are a resident of Illinois you agree to waive the Illinois Civil Code relative sections. If you are a resident of any other state or foreign country, you agree to waive in advance any similar laws of such other jurisdiction.
IN NO EVENT SHALL NYCR BE LIABLE FOR GAME CANCELLATIONS, POSTPONEMENTS OR INTERRUPTIONS, FOR UNAUTHORIZED USE OF A CREDIT CARD OR CREDIT CARD FRAUD, FOR THE PERSONAL SAFETY OF FANS OR AUDIENCES ATTENDING THE GAME OR FOR OTHER MATTERS OUTSIDE OUR CONTROL.
Making a Bid and Buying.
There are two methods of purchasing a Listing, either buying it outright at its offered price or making a Bid. In either case, you agree to be bound by the terms and conditions in this Agreement. Since all prices for TeamTix are quoted in US Dollars, foreign purchasers bear the risk of currency fluctuation between the date of your purchase and the date your charges are converted to your home currency in accordance with the policy of your credit card company.
Buying Outright. Prior to executing a final purchase you will be asked to confirm your intent to purchase. Upon confirmation of a purchase, NYCR will charge the Buyer's account or credit card for the sale price of the TeamTix, transaction fee and any taxes. Such confirmed purchase shall be final and cannot be cancelled.
Bid.Bid. Bids are final and may not be retracted unless you follow and otherwise comply with the instructions on the Site under F.A.Q to cancel or modify (if applicable) a bid. Before purchasing a Listing by making a Bid, you will need to fund your account using a major credit card with sufficient funds to cover your Bid should it transact. Subject to our withdrawal policy, you may withdraw such amounts at any time after you withdraw your Bid-to-Buy (if not already matched) in accordance with the instructions on the Site under F.A.Q When you post a Bid-to-Buy that is later matched with an Offer-to-Sell, the purchase will occur at the time of matching, and the bidder's account will be charged at that time. Although you will be asked to confirm your Bid when it is placed, no separate confirmation will be sought when your bid is matched. You acknowledge that if your bid is accepted, you will be required to pay the price for the TeamTix and related transaction fees as posted in the marketplace.
If you fail to pay any amounts owed under this Agreement, you agree to reimburse NYCR for any collection costs incurred in collecting such amounts.
Making an Offer and Selling.
If you post a Listing on our marketplace and receive at least one bid or offer to purchase your Listing at or above your posted Offer-to-Sell price, the transaction with that bidder will happen immediately upon matching with the bid or offer to purchase; you may not withdraw your Listing after the transaction occurs. Your account on NYNJ Site will be credited with the sale price of the item, less the transaction fee and any taxes. At any time you may make a permitted withdrawal of any available balance in your account on the NYNJ Site. Withdrawals are typically processed within 45 days from the date of your request.
Termination of Privileges.
Without limiting any other remedies, NYCR may suspend or terminate your User privileges or deny you access if we suspect that: you have engaged in fraudulent, deceptive or dishonest activity in connection with the Sites; you have manipulated or attempted to manipulate the price of any Listing; you have entered into any transaction on the system that has been directly or indirectly prearranged; you have directed or requested another user to alter the price of a Listing, Bid or Offer-to-Sell; or you have used the Site for any unlawful purpose. NYCR may report to law enforcement authorities any activity that we suspect violates any law, rule or regulation.
Offline Transactions. You agree not to use the Site to (a) contact other NYNJ users, (b) invite contact with other NYNJ users, (c) solicit sales outside of NYNJ, or (d) initiate or engage in transactions (either purchases or sales) outside of the NYNJ Site. The NYCR site is not responsible for any damages or lost profits that result from NYNJ users directly contacting other NYNJ users or for any damages or lost profits resulting from transactions conducted outside of the NYNJ site, including transactions that originate at the NYNJ site and are taken offline.
Abusive Behavior.You agree not to use abusive language or behave in an abusive manner to any NYCR employee or customer.
Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Sites, directly or indirectly, and you agree not to use any names or other information found on or via the Site to do so.
Illegal Activity.You agree not to use the Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the purchase of the Listings. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including the NYNJ copyrights and trademarks, and/or link to the Site without NYCR's prior written permission.
Stolen Property. The sale of stolen property on the NYNJ Site is strictly forbidden, and violates state, federal and international law. NYCR strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on the NYNJ Site. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
Other. 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 herein without our prior explicit written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the system or any activities conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 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. Information on the Site is updated on a real time basis and is proprietary to the NYCR. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from the Site without the prior explicit written permission of NYCR.
Investigations.We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your account, stored payment methods, or executed transactions.
Disclosure of Information. You agree that NYCR may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. NYCR will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Warnings, Suspension, Termination and Denial of Access. Without limiting other remedies, we may immediately issue a warning, temporarily suspend or terminate your User rights, deny access and refuse to provide the Services to you if: (a) you breach this Agreement or the documents incorporated herein by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) your credit card charging privileges are revoked or charges are refused for any reason; or (d) we believe that your actions may cause financial loss or legal liability for you, us, our Users or any other person.
Disclaimer of Warranties.
THE NYCR AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS PROVIDE THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" AND "AS APPLICABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE NYCR AND ITS SUBSIDIARIES, EMPLOYEES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Change or Suspension of Site.NYCR reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or the Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control. NYCR is never, for any reason, responsible for Listings on the Site that do not sell, including Listings that remain unsold during a Site outage.
Regular Maintenance and Repair.The Site will be unavailable while it is being updated, modified or subject to repair. When a Seller posts a Listing on the Site, the Listing may not be available for purchase until the next regularly scheduled Site update. NYCR is not responsible for unsold Listings resulting from Site updates and repairs.
Your Warranties to Us.
You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
Limitation of Liability.
IN NO EVENT SHALL NYCR BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OFFERED OR THE TERMINATION OR MALFUNCTION OF THE SERVICES OR THE SITE. THE NYCR LIABILITY, TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES OFFERED IS LIMITED TO THE LESSER OF (A) THE TOTAL U.S. DOLLAR AMOUNT OF ALL TEAM TICKET RESERVATIONS YOU PURCHASE AND SELL ON THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) ONE HUNDRED US DOLLARS ($100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You agree to indemnify and hold NYCR and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim, demand, damage or expense (including reasonable attorneys' fees), made by any third party or sustained by us due to or arising out of (i) your use of and access to the NYNJ Site, (ii) your violation of any of the terms of this Agreement or the documents incorporated herein by reference, (iii) your violation of any third party right, including without limitation any copyright, property or privacy right or (iv) your actions or omissions, caused damage to any a third party.
You agree that NYCR 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 NYCR and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by NYCR that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of NYCR.
These indemnification obligations survive this Agreement and your use of the Site.
Intellectual Property Rights to the Site and Services.
Intellectual Property Rights to the Site and Services. Copyright. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of the NYCR, its licensors or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the NYCR and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
You and NYCR are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated herein, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement is effective on September 1, 2013. This Agreement, and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by the NYCR without restriction.
Except as expressly stated otherwise, any notices shall be given to NYCR in any of the following ways:
You may send an e-mail to email@example.com
Notice shall be deemed given 5 days after the date of mailing or 24 hours after email is sent, unless we are notified that the email address is invalid.
The following policies and guidelines are incorporated into this Agreement by reference and provide additional terms and conditions related to the Services:
This Agreement shall be governed in all respects by the laws of Illinois in the United States of America; as such laws are applied to agreements entered into and to be performed entirely within United States between US residents. Each party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in Illinois and each party irrevocably submits to the sole and exclusive jurisdiction of the federal and state courts in Illinois in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other party. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by NYCR in our sole discretion, to a third party in the event of a merger or acquisition. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. 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. This Agreement, which includes the other documents and policies incorporated by reference into this Agreement, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. YOU AND NYCR AGREE THAT ANY CAUSE OF ACTION 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.