TERMS & CONDITIONS

Use of Our Service

Because we are an online service, we will not ask you to deal with and physically sign a lengthy contract. The terms of our contract with you are set forth below in plain language. If you do not agree with the terms, we ask you to please leave this Website and not use our services. If you do use this Website, that action will serve as your agreement to be bound by our terms of service (“Terms of Service” or “Agreement”).

Worldwide Tickets, Inc (“worldwidetickets.com”) is operated in compliance with all state and federal housing laws.

Definitions

Website: Means this website, www.worldwidetickets.com

Seller/User/you/your: Means any person or entity who is involved with or uses the Website.

We/our: Means worldwidetickets.com

Terms for Users

User agrees with the following terms:

1. For us to help you, we need you to provide information that is accurate and complete concerning your contact information so that we can contact you quickly and efficiently.

2. Your participation in our services is voluntary and can be terminated by either of us for any reason at any time with written notice.

3. You agree that we may modify the services provided or these terms of service at any time. We may notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the change means that you accept the new terms and any subsequent services shall be governed by such new terms.

4. You may initiate to, or receive a call, email, text from, a worldwidetikcets.com representative. If you do so, worldwidetickets.com may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.

5. You shall provide only accurate and complete information for any transaction occurring through the Website.  You shall not provide any information to us or list any information on the Website that is false, inaccurate, misleading or fraudulent. You shall promptly provide us all information required on the Website or as requested by us. You shall promptly remove, correct or modify all information that becomes incorrect, incomplete, or misleading and we may remove any such information from the Website at our sole discretion. We reserve the right to suspend or terminate access to the Website to anyone who supplies information that is inaccurate or misleading.

6. We assume no liability whatsoever to you or any other person or entity concerning the opinion of value we provide for any tickets.

7. Our opinion of value is just that, an opinion of value.  It is not meant to establish the actual value of the ticket, which can only be determined by the actual sale of that ticket in the appropriate marketplace.

8. User will not disclose the opinion of value we provide user to any other person or entity without our prior written consent.

9. Under no circumstance does our opinion of value establish the ownership or any other legal status of any tickets in question.

Seller Agreement and Payment Terms

Worldwide Tickets, Inc is a ticketing service that permits users (Sellers) to sell their tickets. The payment amount will be based on the total revenue Worldwide Tickets, Inc generates from the ticket sales (“Total Proceeds from Sale”). The payment will equal [(1 - Service Fee) * (“Total Proceeds from Sale”)]. Payments will start on the first Tuesday following the event date and may take up to three business days to be deposited into the Seller’s bank account.

To initiate the seller agreement, the Seller must complete the following steps: (i) sign a contract to consign tickets using the services of Worldwide Tickets, Inc., and (ii) transfer the tickets for that event to Worldwide Tickets, Inc. via email, electronic transfer, or by providing the accurate email address and password for their account. Once the Seller has initiated this agreement, Worldwide Tickets, Inc. will own and sell the tickets.

After Worldwide Tickets, Inc. sells the tickets, it will pay the Seller according to the agreed-upon terms. The Seller will receive their payment via Electronic Bank Transfer (ACH).

The Seller acknowledges familiarity with and agrees to adhere to all relevant laws, regulations, restrictions, and the terms of this User Agreement while transferring tickets and using the Site and Services. “Restrictions” refers to the following: (i) the constitution, by-laws, agreements, and other rules, regulations, and restrictions set forth by the National Collegiate Athletic Association (“NCAA”), National Basketball Association (“NBA”),  National Hockey League (“NHL”), National Football League (“NFL”), Major League Soccer (“MLS”), Major League Baseball (“MLB”), and any other associations, concert promoters, theaters, leagues, conferences, teams, colleges, schools, or organizations managing events (each referred to as an “Association”), both as they currently exist and as they may be amended or supplemented in the future; (ii) any actions taken by the commissioner of any Association or any person authorized by the commissioner under any document, contract, policy, rule, regulation, or restriction referred to in clause (i); and (iii) all legitimate rights, policies, or other restrictions in agreements involving Worldwide Tickets, Inc., the Seller, and/or any entity that purchases, resells, or transfers tickets.

The Seller also agrees that Worldwide Tickets, Inc is not liable for any consequences resulting from the Seller’s failure to comply with applicable Restrictions.

By accepting an offer regarding a ticket, the Seller enters into a binding contract to sell that ticket to Worldwide Tickets, Inc. The Seller is required to deliver the specific ticket within the stipulated timeframe (1 hour after listing request). The Seller must ensure that all seat information is accurate. Non-compliance may result in additional charges as detailed in this User Agreement or determined by our standard policies.

If the Seller decides to request the return of the transferred tickets and Worldwide Tickets, Inc. has not sold or agreed to sell them at the time of notice, Worldwide Tickets, Inc will return the tickets to the Seller within one (1) business day of receiving such notice. If the Seller wants the tickets back after they have been sold, Worldwide Tickets, Inc will make reasonable efforts to find comparable seats at a similar price and will extend that offer to the Seller.

Fees and Other Charges

Worldwide Tickets, Inc. charges a service fee for selling tickets through our Site and/or using our Services. The Service Fee is 17.5% of the total proceeds if the Seller consents to sell 25% or more of the team’s total season games. For single games, concerts, and shows, the Service Fee is 20% of the total proceeds. Worldwide Tickets, Inc reserves the right to change its Service Fee at any time at its sole discretion. Additionally, Worldwide Tickets, Inc. may charge or retain fees if the Seller fails to meet their contractual obligations under this User Agreement.

If a Seller does not fulfill their contractual obligations, Worldwide Tickets, Inc. may impose certain fees and/or costs according to our standard policies.

We may collect any amounts owed using a collection agency or other mechanisms, and the Seller may incur fees related to the collection of overdue payments. Worldwide Tickets, Inc. or the collection agency it hires may also report account information to credit bureaus, which may result in defaults being recorded on the Seller’s credit report. If the Seller wishes to dispute any information reported to a credit bureau by Worldwide Tickets, Inc., they should contact Worldwide Tickets, Inc. For disputes regarding information reported by a collection agency, the Seller should reach out to the collection agency directly.

Additional Terms

The Website and some of our services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Website or services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Website and services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Website and services, and to develop new services. Our license to use your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website and services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Website or services.

You promise that:

·       you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

·       your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Website or services for any reason.

Other than User Content, we own or license all right, title, and interest in and to (a) the Website and services, including all software, text, media, and other content available on the Website and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Website and services, Our Content, and Marks are all protected under U.S. and international laws. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from worldwidetickets.com.

Users also agree with the following additional terms:

·       worldwidetickets.com’s policy is to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Website:

Worldwide Tickets, Inc
Attn: President
407 Lincoln Rd, Suite 50. Miami Beach, FL 33139
Email: consignment@worldwidetickets.com

To be effective, the notification must be a written communication that includes the following:

·       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

·       Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

·       A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

·       A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

1. worldwidetickets.com intends that the information contained on our Website be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Website, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.

2. To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Website users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Website or our hardware and software infrastructure or that of any of our licensors or suppliers.

3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TICKETAPPRAISALS.COM AND/OR ITS SUPPLIERS, ANDAFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SERVICES PROVIDED ON THE WEBSITE OR OTHERWISE IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR CUMULATIVE LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE, IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100).

5. Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures then in effect (“JAMS Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we may pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms of Service. This Section of the Terms of Service will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS’ RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

6. To the maximum extent permitted by applicable law, you agree to indemnify and hold worldwidetickets.com and our affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from your use of the Website or relating to, any actual or alleged breach of these Terms of Service, and/or any other agreement you and us. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of Jersey, without regard to its conflict of laws principles. You agree that any action of whatever nature not subject to the arbitration agreement above arising from or relating to this Agreement, the Website or our services will be filed only in the state or federal courts located in Camden, Jersey. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The failure by us to enforce any right or provision of this Agreement will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to worldidetickets.com.