Terms of Service

(a) Backstage Marketplace:

Backstage offers an online marketplace (the "Backstage Marketplace") that allows Users (as defined below) to buy (each, a "Buyer") and list for sale, or sell (each, a "Seller" and together with Buyers, each a "User" or "you") tickets and other related items to events (each or together (as the context may require), a "Ticket"). Accordingly, the Backstage Marketplace acts as a marketplace to connect Buyers and Sellers, and for transactions listed or taking place via the Backstage Marketplace.

(b) Access to Third-Party Vendor Platforms:

The Backstage Platform aggregates tickets from third-party vendors (each a "3P Vendor"), allowing Users to view available tickets on the Backstage Platform. When purchasing tickets, users are directed to third-party websites and complete the transaction through these third parties. Backstage does not sell, control, or facilitate these transactions, and all purchases are subject to the third-party vendor's terms including any additional fees and conditions, conditions of sale, and any other terms shown during the purchase process ("3P Terms"). Backstage is not responsible for the content or enforcement of these 3P Terms. These terms may cover topics such as ticket usage, cancellations, rebooking or refunds, payment, delays, and liability, along with additional rules. It is the User's responsibility to familiarize themselves with and comply with these conditions. 3P Vendors may charge additional fees that are not included in the Ticket's listed price on our site unless explicitly stated otherwise. Buyers are required to arrange and pay any such fees directly to the 3P Vendor. When a User clicks on links to various merchants on Backstage and makes a purchase, this can result in Backstage earning a commission.

(a) Buying Tickets on the Backstage Marketplace:

Tickets may be available for purchase through a Backstage Listing (defined below) or Seller Listing. Buyers are fully responsible for completing their Ticket purchases, including paying any applicable fees. Backstage's fees applicable to Buyer are listed here [INSERT HYPERLINK]. By confirming a purchase through a Backstage Listing or Seller Listing, you enter into a binding agreement with us or Seller (as applicable) to buy the selected Ticket. All sales are final, and no refunds will be issued unless the event is canceled. Once a purchase is complete, orders cannot be changed or canceled. Buyers agree to supply the Seller and Backstage with the appropriate information necessary for delivery of Tickets, including email address and physical address (if applicable). If a Buyer provides incorrect information for the delivery of Tickets, or a Buyer is unavailable to receive the Tickets when they are delivered, Buyer will not be eligible for any refund or credits. You may not conceal your identity using multiple IPs or emails, to purchase Tickets and are prohibited from using any form of automated bots or for purchasing Tickets. Backstage may display the original ticket price of a Ticket, subject to availability of information and without independent verification of its accuracy. Ticket prices may exceed the face value of the Ticket.

(b) Backstage Tickets:

As the provider of the Backstage Marketplace, Backstage does not own, create, sell, resell, provide, manage, offer, or supply any tickets, except for certain tickets that we ourselves own, sell, resell, provide, manage, offer, supply, or list to the Backstage Marketplace (such listings a "Backstage Listing" and tickets the "Backstage Tickets"). If Backstage fails to make an on-time delivery of any purchased Backstage Tickets for an event on the Backstage Marketplace, then Buyer's exclusive remedy will be limited to compensating the Buyer for any payments made to Backstage under these Terms for such Backstage Tickets. An "on-time delivery" for purposes of this paragraph means delivery prior to the actual start time of the performance, regardless of the performance start time previously posted by any party.

(c) Seller Listings:

For Tickets that are not Backstage Tickets, Seller, and not Backstage, sets the prices for the Tickets. When you buy a Ticket through a Seller Listing or sell a Ticket through a Seller Listing, you are entering into a contract directly with the respective Seller or Buyer. You should always exercise due diligence and care when deciding whether to purchase, sell, or share a Ticket purchased through a Seller Listing. Backstage is not and does not become a party to or other participant in any contractual relationship between Users for such Tickets. Backstage is not acting as an agent in any capacity for any Users, nor is Backstage responsible for the actions or omissions of any Users, or your interactions with other users through the Backstage Platform. Backstage will have no liability or responsibility with respect to Tickets that are not Backstage Tickets. Backstage's fees applicable to Sellers are listed here [INSERT HYPERLINK].

(d) Reselling Tickets:

Backstage does not guarantee (a) that every Ticket purchased on Backstage will be eligible for resale on Backstage, or (b) that as a Buyer, you will receive a Ticket from a Seller in time to enable a User to resell the Ticket on the Backstage Platform. In addition, each User acknowledges that when reselling Tickets previously purchased through the Backstage Marketplace, a User may not be able to list a Ticket for resale at its desired price (for example, Backstage may impose a Ticket price cap for fraud purposes).

(e) All Sales are Final:

No compensation will be provided to Buyer for any reason except as expressly described in these Terms. Buyers are not permitted to return tickets or cancel an order, except as expressly provided under these Terms. A Buyer may, however, sell a Ticket purchased on the Backstage Marketplace to another Buyer on the Backstage Marketplace or, subject to certain restrictions and applicable law, may sell the Tickets by alternative means. Backstage reserves the right to cancel and refund Buyer's order at any time for any reason.

(a) Event Cancellation:

If an event is canceled and not rescheduled (a "Canceled Event"), Backstage will remove the event and any listing related to the event from the Backstage Marketplace, and provide Buyers who have purchased any Tickets for such Canceled Event with notice of the cancellation and further instructions. Buyer will receive a refund or, subject to applicable state laws, a credit (to be determined in Backstage's sole and exclusive discretion) once the Buyer has returned the Ticket(s) in the manner and within the timeline given by Backstage. Please note that certain states require the refund of a Ticket if an event is canceled, and Backstage's refund policy is intended at all times to comply with all applicable state laws. If you did not receive a refund for a canceled event but believe that you are entitled to a refund under applicable state law, please contact Backstage at [EMAIL].

(b) Event Postponement:

Backstage will work with Buyers, on an individual basis, to attempt to resolve any issues if an event is postponed. Refunds or credits will not be issued for postponed events, unless they are later canceled.

(c) Other Event Changes:

Backstage is not responsible for any other event changes, including (but not limited to) partial performances, venue, line-up, or time changes. No refunds or credits will be issued under such circumstances.

(a) Eligibility:

(b) Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Backstage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Backstage Platform. Backstage and its current and future affiliates (collectively, "Backstage Affiliates") will not be liable for any loss or damage arising from your failure to comply with this paragraph.

(c) Modifications to Backstage Platform:

Backstage reserves the right to modify or discontinue, temporarily or permanently, the Backstage Platform (or any part thereof) with or without notice. You agree that Backstage and Backstage Affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Backstage Platform.

(d) General Practices Regarding Use and Storage:

You acknowledge that Backstage may establish general practices and limits concerning use of the Backstage Platform, including the maximum period of time that data or other content will be retained by the Backstage Platform and the maximum storage space that will be allotted on Backstage's or its third-party service providers' servers on your behalf. You agree that Backstage has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Backstage Platform. You acknowledge that Backstage reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Backstage reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

(e) 3P Services and Materials:

(f) Support:

We are under no obligation to provide support for the Backstage Platform. Instances where we may offer support, the support will be subject to published policies. Support is conducted through support@joinbackstage.com.

(a) Purchases:

To the extent that Tickets are available for purchase directly through the Backstage Marketplace or the Backstage Platform, or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Backstage that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Backstage [or the Payment Processor (as defined below)], as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. If you dispute any charges, you must let Backstage know within 60 days after the date that Backstage charges you, or within such longer period of time as may be required under applicable law.

(b) Payment Processing:

Notwithstanding any amounts owed to Backstage hereunder, BACKSTAGE DOES NOT PROCESS PAYMENT FOR ANY BACKSTAGE PLATFORMS. To facilitate payment for the Backstage Platform via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"). These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, users that use the payment functions of the Backstage Platform also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Backstage Platform. Please contact Stripe for more information. Backstage assumes no liability or responsibility for any payments you make through the Backstage Platform.

(c) Refunds and Cancellations:

(a) Ownership; Restrictions:

All right, title, and interest in and to the Backstage Platform, Deidentified Data, and Analytic Data (defined below) including all intellectual property rights are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Backstage Platform are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Backstage Platform for your own personal, noncommercial use. Any use of our Backstage Platform other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited, will terminate this license and violate our intellectual property rights.

(b) Trademarks:

The Backstage name and logos are trademarks and service marks of Backstage (collectively the "Backstage Trademarks"). Other company, product, and service names and logos used and displayed via the Backstage Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Backstage. Nothing in these Terms or the Backstage Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Backstage Trademarks displayed on the Backstage Platform, without our prior written permission in each instance. All goodwill generated from the use of Backstage Trademarks will inure to our exclusive benefit.

(c) User Content and Data

(a) Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Backstage, whether arising out of or relating to these Terms (including any alleged breach thereof), the Backstage Platform, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Backstage are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Arbitration Agreement by sending an email to support@joinbackstage.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with terms provided under the "General" section below.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND BACKSTAGE 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 BACKSTAGE 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), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

(c) Pre-Arbitration Dispute Resolution

Backstage is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@joinbackstage.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Backstage should be sent to support@joinbackstage.com ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Backstage and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Backstage may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Backstage or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Backstage is entitled.

(d) Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer.

If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Backstage and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Backstage agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Backstage or you under the AAA Rules, Backstage and you will split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Backstage will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Backstage will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

(f) Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

(h) Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Backstage agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Backstage Platform, we will provide you with reasonable notice of such change, and you may reject any such change by sending Backstage written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).