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Seller Terms of Service

Date of Last Revision: 11/14/2024

These Seller Terms apply to Sellers on the Backstage Marketplace. By listing a Ticket for sale on the Backstage Marketplace, Seller acknowledges that it has read, understands, and agrees to be bound by these Seller Terms. If Seller does not accept the terms and conditions of these Seller Terms, Seller acknowledges and agrees that Seller will not sell, or list for sale, any Ticket on the Backstage Marketplace. Capitalized terms used in these Sellers Terms that are not defined herein have the meaning given to term in the Terms of Service. These Seller Terms are incorporated into and made a part of the Terms of Service.

1. Selling Tickets

Sellers are required to comply with all applicable laws, rules, and regulations, along with these Seller Terms, when selling Tickets.

2. Ticket Listing Rules

Sellers are required to provide accurate, complete, and current information for each Ticket listing, including details such as event name, date, section, row, and seat number. Sellers must regularly monitor their listings to ensure accuracy throughout the duration of the listing.

Sellers set their own listing price for each Ticket and may adjust or remove the listing at any time before receiving an offer to purchase from a Buyer. By listing a Ticket on the Backstage Marketplace, Seller makes a binding offer to sell the Ticket at the listed price and agrees to send Backstage such Ticket upon Backstage's request.

Once a Buyer purchases the Ticket, Seller is obligated to deliver the Ticket at the agreed price and within the specified timeframe. Once a Buyer's offer is accepted, Sellers are prohibited from canceling the order or altering the price.

Sellers must independently manage their inventory to ensure all listed Tickets are available, accurately described, and timely. Sellers may not cancel a confirmed order at one price to relist the same Tickets at a higher price. Sellers are expected to fulfill all confirmed sales.

3. Seller's Responsibilities for Listings

Sellers are required to provide accurate, complete, and up-to-date information for each ticket listing. This includes all essential details—such as event name, date, section, row, and seat number—and any required disclosures relevant to the Tickets. Examples of necessary disclosures include:

  • Limited or obstructed views
  • Potential obstructions
  • Wheelchair seating or accessibility
  • Alcohol-free sections
  • Behind- or side-stage views
  • Age restrictions (e.g., 21 and over)
  • The original ticket price

Sellers are responsible for ensuring that all information remains accurate for as long as the listing is active. Only valid Tickets, which Seller has the right to sell, may be listed. Additionally, Sellers may not list Tickets available through the Backstage Marketplace on any other platform or venue.

4. Disclosure of Original Ticket Price

Seller acknowledges that certain laws may require the disclosure of the original ticket price when reselling tickets for specific venues. When such disclosure is required, Backstage will request the original ticket price of the resale Ticket, and Seller agrees to provide this information accurately and truthfully.

5. Prohibited Listings

Seller will not list for sale on the Backstage Marketplace:

(a) Tickets that Seller does not currently possess or have the right to sell.

(b) Paperless, digital, or "will-call only" tickets that cannot be transferred.

(c) Tickets for non-consecutive seats.

(d) Tickets with rotating or changing barcodes not originally issued by Backstage or partners with direct integration allowing transfer.

(e) Stolen tickets or tickets that cannot be legally transferred.

(f) Tickets that do not grant event access, such as parking, party, club, or pit passes.

6. Delivery

Sellers are required to deliver Tickets purchased by Buyers according to the "Delivery Schedule" below and as described in the Seller Listings to the extent such descriptions do not conflict with the Delivery Schedule. If Backstage determines that Seller has not fulfilled these obligations, Backstage reserves the right to cancel the sale, refund Buyer, and take measures to recover any resulting losses.

In cases where Buyer does not receive Tickets within the agreed timeframe, or the Tickets do not align with the Seller Listing, Backstage may cancel the sale and issue a full refund to Buyer. If a Buyer is unable to access the event due to undelivered or invalid Tickets sold by Seller, Backstage reserves the right to charge Seller for all costs incurred by the Buyer as a result of the failed transaction, including travel, lodging, accommodation, meals, and other reasonable expenses related to the Buyer's attempt to attend the event.

Seller agrees to promptly reimburse Backstage for all such costs as determined solely by Backstage. Backstage may require Seller to pay these amounts directly, deduct them from Seller's account, or recover them by other means as necessary.

If Seller anticipates a delay in delivering the Tickets or needs to provide replacement Tickets, Seller must promptly notify Backstage at sellers@joinbackstage.com to facilitate a resolution. However, Seller acknowledges that reporting an issue does not release them from their obligations to Buyer.

Backstage reserves the right to suspend or terminate Seller's account if, at its sole discretion, it determines that Seller has repeatedly failed to deliver Tickets in accordance with Seller Terms. If requested by Seller, Backstage may, at its sole and exclusive discretion, grant certain exceptions to the Delivery Schedule on a case-by-case basis.

(a) Delivery Schedule:

(i) All Tickets must be delivered at least one week before the event date. Exceptions apply to Tickets purchased within a week of the event, delays caused by the artist, promoter, or venue, including, as follows:

(1) Tickets sold within one week of the event must be delivered within 24 hours of purchase.

(2) Tickets sold on the same day as the event must be delivered within one hour of purchase.

(3) Tickets sold after the event start time: Tickets must be delivered within 15 minutes of purchase.

7. Instant Cash

Sellers have the ability to wholly or partially monetize their interests in their owned Tickets through Backstage's Instant Cash program at the time of listing their tickets.

(a) If Seller opts-in to the Instant Cash program, Seller must send Backstage the relevant Tickets before receiving any payments.

(b) For Tickets wholly sold to Backstage via the Instant Cash program, Seller will agree to sell Tickets at a specified amount and transfer those tickets to Backstage within the timeframe specified at the time of such sale.

(c) For Tickets partially sold to Backstage via the Instant Cash program, Seller acknowledges that the upfront payment provided by Backstage is an advance on a future sale to a Buyer and which will be deducted from the final sale price, and that the amount any such upfront payment is a reflection of Backstage's view of fair market value ("FMV").

(d) If a final sale to a Buyer does not happen or happens at a price lower than the advance, Seller must pay Backstage the difference in the amount received for the Ticket and the applicable upfront payment, which may be deducted from Seller's Backstage Wallet.

(e) If an event for any Ticket(s) (wholly or partially sold to Backstage via the Instant Cash program) is canceled and not rescheduled, Seller must pay Backstage the full amount of any payments made for such Ticket(s) under the Instant Cash program.

(f) If Seller would like to regain possession of any Ticket(s) in the Instant Cash program, Seller must pay Backstage the full amount of any payments made for such Ticket(s) under the Instant Cash program.

8. Backstage Wallet

When Seller onboards as a seller on Backstage, Seller's account will include the following features: (i) a Backstage Wallet, hosted on Stripe, which securely receives and holds Seller's funds, accessible exclusively through the Backstage Platform; and (ii) a detailed record of Seller's purchase and sale activities within the Backstage ecosystem. Funds in Seller's Backstage Wallet may be held by Stripe or Backstage.

(a) These funds can only be utilized for purchasing tickets, paying service fees, or accessing other related services on the Backstage Platform. Funds in Seller's Backstage Wallet that have been deposited by the user or attributable to a sale of a Ticket can be withdrawn for cash. However, please note that these funds are not FDIC insured and are not protected by any other deposit or investment insurance. This transparency ensures Seller is fully informed about how Seller's funds are handled as Seller engages with our services.

(b) Backstage may issue credit to a user as a form of rewards, compensation, or other form which has no cash value and is not withdrawable for cash and must be used on the platform ("Backstage Credits").

(c) By using the Backstage Wallet, Seller authorizes us and our designated agents to:

(i) Access and view Seller's Backstage Wallet balance and transaction information, including transaction history, for reconciliation and computation of amounts due to or from Seller arising from transactions on the Backstage platform.

(ii) Instruct our payment processor to credit or debit Seller's Backstage Wallet balance for transactions executed and authorized on the Backstage Platform, including for fees and charges, or in relation to transactions which have been reversed.

(iii) Freeze (or coordinate with our payment processor to freeze) any further credit or debit transactions to or from Seller's Backstage Wallet if there is a reasonable suspicion of Seller's breach of these Terms of Service or any applicable law.

(iv) Utilize or share Seller's data or information obtained through our payment processor for the purpose of processing transactions on the Backstage Platform, or for any related operations necessary for maintaining the Backstage Wallet.

(d) Seller may withdraw or revoke these authorizations only upon the closure of Seller's Backstage account in accordance with these Terms of Service. If Seller instructs our payment processor to revoke any of these authorizations before the closure of Seller's account, Seller will no longer be able to use the Backstage platform or the Backstage Wallet, and we may terminate Seller's account immediately.

(e) Seller is responsible for determining which, if any, taxes apply to transactions conducted via the Backstage Platform or Backstage Wallet, and for reporting and remitting those taxes to the appropriate tax authorities. Backstage is not responsible for any tax filings, obligations, or compliance related to Seller's use of the platform. We encourage Seller to seek professional advice to understand Seller's tax obligations, if any, arising from Seller's activity on Backstage.

9. Warranties; Disclaimer

(a) Warranties: Seller represents and warrants the following:

(a) Seller holds the rights to sell the Tickets listed on the Backstage Marketplace;

(b) all Tickets listed on the Backstage Marketplace are valid, in Seller's physical possession, and transferrable to Buyers;

(c) all details provided for each listing are truthful, complete, accurate, and current;

(d) Seller has provided all required and relevant information and disclosures for each listing and will update such information as necessary;

(e) while listed on the Backstage Marketplace, the Tickets will not be posted on any other website, platform, channel, or medium;

(f) the sale of any Tickets via the Backstage Marketplace does not and will not violate any venue or event promoter's terms, or any applicable laws

(b) Backstage Disclaimer: Backstage does not represent, warrant, or guarantee that any Tickets listed on the Backstage Marketplace will sell, that Seller will make any amount of money in marketing and selling Tickets on our Backstage Marketplace, or that any Buyers will complete any transaction with Seller or be able to pay for Tickets. Furthermore, Backstage does not guarantee that any Tickets will be listed on our Backstage Marketplace in any way or with any preference or will appear on the Backstage Marketplace within any period.

10. Event Postponement and Cancellations

Backstage will inform Seller of any event cancellations. If a Seller requires the return of their Ticket(s) to obtain a refund of the original purchase price, they must contact Backstage at support@backstage.com.

In cases where Seller has already received payment for the sale, Backstage may recover the payment by charging Seller's payment method or offsetting the amount against pending payments for other Tickets Seller has sold or will sell.

For postponed events, Backstage will work with Sellers on an individual basis to find a suitable resolution. Sellers are prohibited from reselling, invalidating, or altering Tickets for postponed events.

Any decision made by Backstage regarding refunds or offsets will be considered binding and final, and Seller will fully cooperate and adhere to Backstage's instructions.

11. Buyer Communications and Confidentiality

Backstage may provide Sellers with certain Buyer information, such as contact details, solely to facilitate the delivery of purchased Tickets. This information is strictly confidential and must be used only for fulfilling Seller's obligations to the Buyer. Sellers are strictly prohibited from including any additional materials in shipments to Buyers—such as business cards, bookmarks, coupons, flyers, solicitations, contact information, or any other marketing or promotional items.

12. Payments to Sellers: Bank Account, Obligations, and Tax Responsibility

(a) Bank Account: To list Tickets on the Backstage Marketplace, Sellers must maintain a valid bank account and provide all required information for payment processing. Sellers must comply fully with all Backstage terms to qualify for payment. If a Seller does not meet these eligibility requirements, payments may be delayed or withheld. To the fullest extent permitted by applicable law, Backstage assumes no responsibility or liability for any such delays or nonpayment.

(b) Payment Remittance: Upon receiving payment from Buyer and contingent on Seller's full compliance with these Seller Terms—including providing all necessary information and documentation—Backstage will remit the applicable Ticket Price to Seller, after deducting any applicable fees, charges, offsets, or other amounts due to Backstage as specified in these Terms. If Seller is in breach of their obligations or has not maintained a valid bank account or payout method, Backstage reserves the right to withhold payment.

(c) Tax Responsibility: Sellers are solely responsible for any sales and use tax obligations associated with the sale of their Tickets.