User Agreement
1. How this agreement works.
1.1 Introduction. Welcome to StubHub's online buying and selling community (the "Site"). This User Agreement ("Agreement") lists the terms of the agreement between you and StubHub, Inc. for the buying and selling of tickets, and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the terms and conditions of this Agreement and to become a registered user of this Site.
1.2 Modification. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following StubHub's posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
1.3 Additional Policies. This Agreement incorporates by reference the following policies and documents also found on this Site: 2. Who we are and what we do.
2.1 Ticketing Service Provider. StubHub is a website service that allows registered users who want to buy tickets ("Buyers") to find tickets to purchase from registered users who want to sell their tickets ("Sellers"). This includes transactions conducted through Last Minute Services. Last Minute Services for buyers and sellers are provided by Last Minute Transactions, Inc., a StubHub affiliate that owns and operates the Last Minute Service Centers. The fulfillment of confirmed orders, including delivery and shipment of tickets, is the responsibility of the Seller. Please remember that StubHub acts as a marketplace only to allow buyers and sellers to interact regarding tickets.
3. How to become a registered user.
3.1 Requirements. To be a registered user of this Site, you must agree to accept the terms and conditions of this Agreement, and you must have a valid credit or debit card that we accept (see Section 5.2 below for further details). You may only use the Services if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Sites. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.
3.2 Registration. We will not accept any request from you to buy or sell tickets before you have registered with us. To register, you must provide your legal and current name, address, phone number, an active email address, and a valid credit or debit card.
3.3 Email Address and Password. You will need an email address and password to access the Site and use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person.
4. Listing tickets as a Seller.
4.1 Listing Process. A registered user who wants to sell tickets may list the tickets in the StubHub marketplace. As part of the listing process, the Seller assigns a price to the tickets and provides information such as the event description, date, section, row, and seat in accordance with the process outlined in the Seller Learning Center.
4.2 Auction-Style, Fixed Price and Declining Price Formats. A Seller who lists a ticket (or tickets) for sale on the Site may choose to sell such ticket in one of three formats: (i) auction-style, (ii) fixed price or (iii) declining price.
- Auction-Style: the Seller sets the per-ticket minimum price and listing length. Users of the Site can then bid on the Seller's ticket(s).
- Fixed Price: the Seller sets a definite price at which the ticket(s) will sell immediately when a Buyer places an order for the ticket(s).
- Declining Price: based on the principle of market value, the Seller sets both a maximum and minimum price for the ticket(s). The ticket price will first appear at the maximum price and decrease incrementally every day until the tickets sell or the minimum price is reached, whichever comes first.
4.3 Seller Responsibility. Once a Seller confirms a purchase of tickets from a Buyer, Seller is responsible
for fulfilling the order with the exact tickets that the Seller listed. The Seller will be charged a replacement fee if
Seller lists tickets for sale and is unable to produce the exact tickets the Seller listed. The replacement fee will depend
on how much it costs us to purchase comparable or better replacement tickets for the Buyer. StubHub is not responsible for
any errors made by the Seller in the listing or pricing of tickets and is not liable for any such errors.
5. Finding tickets and placing orders as a Buyer.
5.1 Placing Orders and Bids. To order tickets, a Buyer first browses the StubHub listings for tickets that
match what the Buyer is seeking. When the Buyer finds desirable tickets, the Buyer places an "order" or “bid”
to purchase the ticket(s). All orders and bids are final and, once placed, cannot be cancelled or retracted. Placing an
order or winning bid does not complete the sale. Sellers have 48 hours to receive notification of an order and confirm delivery.
The sale is complete and StubHub’s FanProtect™ Guarantee to the Buyer takes effect only after the Seller has
confirmed delivery and the Buyer’s credit or debit card has been charged.
5.2 Credit Card Authorization. The Buyer's credit or debit card is not charged until the Buyer’s order is
confirmed by the Seller. However, when a Buyer places an order or bid, we obtain an authorization from the Buyer's credit
or debit card for the full order amount, which equals to the total ticket price, plus a commission equal to 10% of the total
ticket price, plus a shipping or handling charge. The authorization remains on the Buyer's credit card until the sale is
completed or the order is cancelled. Although an authorization is not a charge, debit card issuers will place a hold on
funds when an authorization is obtained by StubHub. When Bidding
for Tickets, an authorization is sent to the Buyer’s credit or debit card for each bid the Buyer places.
Please contact your financial institution to better understand their policies on such matters. In all cases, StubHub is not
responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer’s credit
or debit card when the Buyer places orders or bids on auction-style listings. StubHub discourages the use of debit cards
for purchasing tickets and bidding on auction-style listings.
5.3 Ticket Information. Event dates, times, venues and subject matter, which are listed on the ticket, may change.
It is up to you, the Buyer, to verify the most recent changes. Please contact the box office or refer to local listings for
any changes.
5.4 Seller Comments. StubHub does not guarantee any information provided by Sellers in the Seller Comments area
of ticket listings.
5.5 Substituted Seat Locations. Ticket Listings are a representation of actual seat location. Tickets may be substituted
with comparable or better seat locations. Actual seat and row numbers may vary from those purchased on the Site. StubHub
reserves the right to determine what constitutes a “comparable” or “better” ticket for substitution
purposes.
6. Notifying the Seller of the order.
6.1 Notification. Once we obtain an authorization from a Buyer, we notify the Seller of the sale via email and/or
telephone that a Buyer has purchased the listed tickets at the listed price and is willing to pay the shipping or handling
charges that we have calculated for the ticket sale. At this time, StubHub verifies the authenticity of the order and reserves
the right to cancel any order that it identifies as fraudulent.
6.2 Seller's Confirmation. In most cases the Seller confirms the order within 2 business days using our automated
online confirmation process. If the Seller cannot ship the tickets immediately upon confirming an order, the Seller must,
when confirming the order, provide the date the Seller expects to be able to ship the tickets to the Buyer. If the expected
ship date changes, it is the Seller's responsibility to contact StubHub in advance and provide a new expected ship date.
In all cases, if the Seller does not ship the tickets on or before the expected ship date and a new ship date was not provided
in advance to StubHub, StubHub reserves the right to cancel the order at any time and charge the Seller a late shipment
fee, plus any costs StubHub incurs to fulfill the Buyer’s order under the terms of StubHub’s FanProtect™
Buyer’s Guarantee. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift
certificates, reprinting fees, FedEx rerouting charges, and refunds to the Buyer.
7. Completing the sale.
7.1 Credit Card Charge. Once the Seller confirms the order, we charge the Buyer's credit card for the total sale
price, plus commission, plus the shipping or handling charges and any taxes. At no time do we provide the Buyer's credit
card information to the Seller. The credit card charge is paid to us, and the Seller is compensated for the sale according
to the payment policy in the Seller Learning Center. Sellers can see the exact amount of the commission that we will collect
before completing the listing process and committing to list their tickets for sale.
7.2 Dispute Resolution. After receiving the tickets, if a Buyer is dissatisfied with any part of the purchase, the
Buyer must follow the rules for dispute resolution set forth in our FanProtect™ Buyer’s Guarantee.
8. Your relationship with us.
8.1 Permission. As a Buyer, you grant StubHub permission to charge your credit card for the purchase of ticket(s).
As a Seller, you grant StubHub permission to charge your credit card if you, at any time, fail to deliver the tickets you've
listed or deliver invalid, fraudulent, counterfeit, or misrepresented tickets. These charges may include, but are not limited
to, the cost of replacement tickets, coupons and gift certificates, reprinting fees, FedEx rerouting charges, refunds to
the Buyer, and other charges we incur to satisfy the Buyer under the terms of StubHub's FanProtect™ Buyer's Guarantee.
8.2 Grant of License. You grant StubHub a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free
right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish
and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to StubHub
in connection with your use of StubHub and its Services. You agree that StubHub shall be permitted to use your name or user
ID, home city and other ancillary information (for example, the number of years you have been a StubHub user) in connection
with the content in conjunction with StubHub's marketing, promotion and publicity efforts in any media known now or in the
future.
8.4 Privacy. We use your information only as described in the StubHub Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
9. Things we don't allow.
9.1 Offline Transactions. You agree not to use the StubHub website to (a) contact other StubHub users, (b) invite contact with other StubHub users, (c) solicit sales outside of StubHub, or (d) initiate or engage in transactions (either purchases or sales) outside of StubHub. StubHub is not responsible for any damages or lost profits that result from StubHub users directly contacting other StubHub users or for any damages or lost profits resulting from transactions conducted outside of StubHub, including transactions that originate at StubHub and are taken offline.
9.2 Personal Information in Seller Comments. As a Seller, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Seller Comments area of ticket listings.
9.3 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any StubHub employee or customer.
9.4 Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so.
9.5 Illegal Activity. You agree not to use this 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 selling of tickets. 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 StubHub's copyrights and trademarks, and/or link to the Site without StubHub’s prior written permission.
9.6 Double Posting and Removal of Tickets. To post a ticket for sale on the Site, you must first register with the Site. Once a ticket is posted, we strongly discourage posting that ticket for sale elsewhere. If you choose to sell your ticket in an auction-style format or with Last Minute Services, we require you to list your ticket for sale at StubHub exclusively. If you choose to sell your ticket in a fixed price format, you may post your ticket for sale in other marketplaces but are required to remove your ticket from the Site immediately if your ticket sells elsewhere. Except as provided herein, you agree not to promote the sale of tickets through any site other than StubHub without express permission from StubHub. We reserve the right to prohibit users from posting tickets at StubHub if they are not able to provide the exact tickets that were posted at StubHub. If you, at any time, fail to deliver the tickets you've listed or deliver invalid, fraudulent, or misrepresented tickets, StubHub reserves the right to cancel the order, return the tickets to you, and hold you liable for any and all charges we incur to satisfy the Buyer under the terms of StubHub’s FanProtect™ Buyer’s Guarantee. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift certificates, reprinting fees, FedEx rerouting charges, and refunds to the Buyer. To learn about providing accurate, detailed information in your listings, read about Providing Ticket Details.
9.7 Stolen Property. The sale of stolen property on StubHub is strictly forbidden, and violates state, federal and international law. StubHub 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 StubHub. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
9.8 Promotional Materials. The Buyer name and address information is provided to Sellers for the sole purpose of shipping the specific purchased ticket (s) and may not be used by the Seller for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). If you are a Seller, you agree not to include in your shipment to the Buyer any promotional or other commercial material that is not provided or approved by StubHub. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than StubHub, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason.
10. Consequences.
10.1 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 right to a ticket, the source of a ticket, your acquisition of a ticket, and the price you paid for a ticket.
10.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for StubHub. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. StubHub is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
10.3 Disclosure of Information. You agree that StubHub may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. StubHub will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
10.4 Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) a sale is cancelled for any reason; (b) an adjustment is made under our FanProtect™ Buyer’s Guarantee; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (d) you are not able to produce the exact seats that you listed on the Site; (e) you deliver incorrect or misrepresented tickets for any order or portion of an order, (f) you fail to ship tickets by the expected ship date you provided without notifying StubHub in advance or (g) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
11. Your warranties to us.
11.1 Accurate Descriptions. For all tickets you list as the Seller, you warrant that your descriptions of the tickets accurately detail and describe the tickets offered for sale. If you, at any time, deliver invalid, fraudulent, or misrepresented tickets, StubHub reserves the right to cancel the order, return the tickets to you, and hold you liable for any and all charges we incur to satisfy the Buyer under the terms of StubHub’s FanProtect™ Buyer’s Guarantee. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift certificates, reprinting fees, FedEx rerouting charges, and refunds to the Buyer.
11.2 Other Information. 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.
11.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. StubHub does not monitor, obtain, nor have any knowledge of the face value of tickets listed on the Site.
11.4 Indemnity. You agree to indemnify and hold StubHub and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by StubHub and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
12. What we don't warrant (disclaimers of warranties and limitations of liability).
12.1 No Warranty. Except for the express warranties stated in this Agreement, StubHub provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. StubHub makes no warranty with respect to its software, any tickets, any event, the services StubHub provides, or that sellers or buyers will perform as promised, and StubHub expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
12.2 Waiver of Consequential Damages; Liability Limit. StubHub expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. StubHub's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all tickets and other items you bought and/or sold via StubHub in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
12.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
12.4 Tax Indemnity. You agree that StubHub 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 StubHub 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 StubHub 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 StubHub.
12.5 Change or Suspension of Site. StubHub 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 any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. StubHub is never, for any reason, responsible for tickets listed on the site that do not sell, including tickets that remain unsold during a site outage.
12.6 Regular Maintenance. The Site could be unavailable from 12am-3am Pacific time each morning while it is being updated and modified. During this time, the Site will be temporarily unavailable. The StubHub Site is updated daily at 4-hour intervals. When a Seller lists tickets for sale on the site, the listing may not be available for purchase until the next regularly scheduled site update (up to 4 hours). StubHub is not responsible for unsold tickets resulting from these regular 4-hour site updates.
13. We own the intellectual property rights to our Site and Service.
13.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of StubHub's Intellectual Property.
13.2 Copyright. Copyright (c) 2007, StubHub, Inc. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of StubHub 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 StubHub 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.
14. Additional terms that affect our agreement.
14.1 No Agency. You and StubHub are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
14.2 Notices. Except as expressly stated otherwise, all notices to StubHub shall be sent to the email addresses provided on the Site (e.g., customerservice@StubHub.com). Our street address is 199 Fremont Street, 3rd Floor, San Francisco, CA 94105. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
14.3 Governing Law; Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in San Francisco, California, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for San Francisco, San Francisco County, U.S.A.
14.4 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. 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. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of StubHub, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
