Soldout is a marketplace which connects buyers and sellers of tickets. Soldout acts as an agent between ticket buyers and sellers that allows you the buyer to obtain tickets for your favorite events in a safe, secure transaction. Our role as a marketplace is to provide access to the tickets for the events you need, assist you in selecting the right seats, and work with sellers to ensure that you receive valid tickets in time for your event or your money-back. All purchase requests for tickets and ticket purchases through Soldout are subject to these Terms & Conditions.
Delivery/Delivered: The terms “delivery” or “delivered” used hereinafter refers to any method which we may convey tickets to a customer, including, but not limited to, instant download, email delivery, FedEx shipment, flash seats transfer, electronic mobile transfer, special delivery, will-call pick-up, pick-up at our office or any other designated pick-up location. We deem a ticket as delivered at the point that it is available for customer to pick- up.
Funds/Payment: The terms “funds” and “payment” used hereinafter refer to all forms of payment made to Soldout, including, but not limited to, debit or credit card payments, payments made through PayPal, Apple Pay and all other accepted forms of monetary transfer.
Seller/Ticket seller: The terms “seller” and “ticket seller” used hereinafter refer to all ticket owning sources used by Soldout including but not limited to wholesalers, brokers, teams, partners, and individuals. In addition, sellers include a separate inventory division that sells tickets under the same corporation as the Soldout marketplace, and who offers a small percentage of the tickets offered for sale through the Soldout marketplace. These two detached business units operate separately, and the ticket inventory offered for sale on the Soldout marketplace is not owned, priced or fulfilled by the Soldout marketplace. The Soldout marketplace does not possess, own or acquire ownership in tickets or that are held by ticket sellers. Instead, we act as an agent to connect willing buyers with willing sellers and facilitate the transfer in ownership and possession between seller and buyer for a service fee.
Ticket/Tickets: The terms “ticket” or “tickets” used hereinafter refer to all products sold through Soldout, as your agent, including but not limited to event tickets, wristbands, badges, event packages, hospitality, luxury suites, and parking passes; in all forms including, but not limited to, hard stock, paperless, digital, electronic, and mobile transfer.
Website: The term “website” used hereinafter refers to any of our sales channels, including, but not limited to, our websites, mobile application, via the phone, in person or through one of our affiliates.
Acknowledgement of Terms & Conditions
By using or visiting this website, requesting tickets or purchasing tickets through Soldout you are confirming that you have fully read these Terms & Conditions, and agree to be bound by them. You represent that you are legally able to enter into a binding contract. Minors (as defined under the laws of their jurisdiction) are not eligible to purchase tickets through Soldout unless under the supervision of a parent or guardian. If you have any questions about these stated policies, please contact us prior to placing an order. Our Terms & Conditions include the following provisions:
Tickets listed for sale through Soldout come from a large network of sellers. We do not own or possess the tickets nor set the sellers price. The ticket seller sets the price and is responsible to approve and fulfill orders. In order to assure that your order gets the most reliable and efficient means of completion, Soldout vets and approves all sellers prior to listing their tickets for sale. However, due to the hundreds of thousands of tickets offered for sale through Soldout it is not feasible for us to research and confirm the availability of each listing prior to the placement of an order by a customer. That means it is possible that the tickets you request may no longer be available by the seller, or may no longer be available at the listed price. We confirm availability with the seller when you order tickets, prior to collecting your funds.
Ticket prices are set by the seller, not Soldout. Sellers maintain prices on their ticket listings; as such, ticket prices are subject to change at any time, without notice, until your order is confirmed and we have collected your funds. Ticket prices fluctuate based on a variety of factors, including supply and demand. If the price of your tickets increases prior to the event, you will not be charged the difference. Similarly, if the price of your tickets decreases prior to the event, no credit, refund or upgrade will be provided. Soldout will not charge you more than the amount authorized when your order was placed, unless you request a change to the order.
Tickets offered for sale through Soldout are often listed at a price that may be substantially higher than face value. That means the price per ticket you will pay may be considerably higher than the face value price printed on the tickets. Tickets may also be listed at prices that are lower than the face value of the ticket.
All ticket sales facilitated by Soldout are assessed a service charge, a shipping charge or delivery fee and Texas state sales tax (if applicable). Sales tax will be added to any taxable event that occurs within the state of Texas. All ticket prices are listed in U.S. Dollars ($USD). The service charge may vary by order and covers the cost to operate our ticket marketplace.
In addition to standard ticket listings, we may on occasion also offer a ticket reservation from one of our ticket sellers. A ticket reservation is an order for an event where the seller may not have the ticket at the time of purchase, but has a reasonable expectation of being able to fulfill the order, in the seat location offered, before the start of the event. The seller may list a general area description, or provide a range of sections, because the exact seat locations of the tickets may not yet be known on the tickets. Ticket reservations that include multiple sections in the listing (i.e. zone seating) will be fulfilled within one of the sections listed. Ticket reservations may be listed with the section and/or row name containing a range of sections, or the general description of the location within the venue (e.g. Section 101-105, or Upper End Zone), or may be identified when the notes indicate the section or row is subject to change, or may be brought to your attention by a pop up box when you first visit the event page on our site. Ticket reservations are only assured in pairs, regardless of how many are offered by the seller in their listing or how many tickets you request. Once your ticket reservation is confirmed and your funds collected, the seller will be responsible to fulfill the order with tickets that match the stated parameters in the listing. If the seller fails to deliver a ticket within the stated parameters on your order, Soldout may offer you a comparable ticket obtained by us from another ticket seller to fulfill your ticket reservation.
In addition to tickets, Soldout also occasionally obtains offers to sell packages on select events. These packages can include tickets plus other amenities like hospitality passes or lodging. We also have luxury suites for sale on certain events.
Soldout may recommend certain tickets as part of our website experience, which we do to help you select the best possible seat amongst potentially thousands of ticket listings. The tickets we recommend are our professional recommendation, but we cannot guarantee your satisfaction with those seats, or that the seats, amenities, and locations will be as described. We recommend you more than one option, so that you can select the tickets you feel best fit your needs. Customers are not bound by our recommendations and may shop from our complete available inventory of tickets at any time.
When you place an order at Soldout, you are submitting a request for the tickets which must be confirmed by the ticket seller before your order is confirmed. By submitting this request, you are agreeing to enter into a binding contract with the seller to purchase those tickets. Until the order is confirmed by the seller, Soldout cannot guarantee the tickets will be available to purchase, or that the ticket price displayed is still available. Most orders are confirmed within minutes of the time they were placed, while other orders take only a few hours. In some instances, it may take a day or more for the seller to confirm the order.
Upon submission of your ticket request, we will authorize funds for the full amount of the order. Those funds are not captured until the order is confirmed by the seller. Soldout may require you to provide additional proof of your identity before we can process the order. These may include, but are not limited to, providing a picture of your driver’s license or other government issued photo identity card, or the credit card you used on your order. You may also be asked to answer security questions, specific to your order, that will be asked by a member of our team. These required security checks may delay confirmation of your order and/or the delivery of your tickets.
Your order will be confirmed once the seller verifies the tickets are available to purchase at the price you have agreed to. At the point your order is confirmed, Soldout will collect payment for the full purchase price using the authorization captured when the order was first submitted. Once those steps are complete, we will send you an Order Confirmation email that includes your order reference number. Your tickets will then be delivered to you via the delivery method indicated at checkout, within the delivery timeframes appropriate for each delivery type. Once your order is confirmed, and you receive the Order Confirmation email, then your order is protected according to the terms of our Soldout Guarantee.
If the seller rejects your ticket request, then you will receive an email, phone call or notice to inform you that the order could not be confirmed. If this occurs funds will not be collected by Soldout, and the authorization of funds will be released automatically by your bank after a period of time that is determined by their bank policies. Soldout is not responsible for any charges or fees from your bank due to pending authorizations.
Soldout reserves the right to replace tickets with comparable tickets provided by us from another ticket seller if there are issues with the originally ordered tickets. If you believe the tickets you receive are not comparable to the ones you ordered, please contact us. We will, at our sole discretion, determine whether the delivered tickets are comparable, and if they are not, Soldout will work with you to exchange tickets where feasible. At our discretion we may choose to pay you the sales price of your tickets and issue a refund so you get 100% of your payment for the tickets, if the tickets are returned in the manner we request.
You can check the status on your order by logging into the Order Status page on the Soldout website. If you have not received an Order Confirmation email or otherwise been contacted within two (2) business days after submitting an order, then please contact us on the status of the order. Placing an additional order with us, or elsewhere, while the original order is being confirmed may result in duplicate orders. You are responsible for checking your email for order information from Soldout, including your SPAM filter. Please add [email protected] to your list of allowed senders to avoid communication delays.
Soldout uses advanced screening techniques to look for signs of fraud, which can occasionally result in cancellation of an order. If you believe your submitted order was cancelled in error, then please contact us to investigate. Soldout reserves the right to cancel your order, and refund payment, at any time for any reason.
Tickets will be sent to you by the seller via the delivery method indicated at checkout as soon as they are available to send. Certain delivery methods will require you to take action in order to receive the tickets (e.g.- visit our website to download your tickets), or follow specific instructions (e.g.- print out your tickets). You must provide accurate information when submitting your order, and we are not responsible for non-receipt of tickets due to customer error, including, but not limited to, errors in your email address, shipping address, phone number or failure to update your information if it changes. Soldout is not responsible to replace your tickets if, once you are notified the tickets are available, you do not take action to get your tickets or follow the proper procedures to receive them.
If the tickets you order are listed as eDelivery, or Instant Download, then a link to download your tickets will be sent to the email address that you provided. The link to download your tickets will be sent after your order is confirmed by the seller, and your tickets are available to download. You can use the link on our Order Confirmation email to access your tickets, or visit our Order Status page.
Our ticket sellers use FedEx to ship orders, and they ship tickets Monday through Friday (excluding holidays). In order for your tickets to be shipped, you must provide us a valid address. That address needs to be a location where your tickets can be safely left if no one is available to sign for the delivery. We cannot ship to P.O. Boxes. In certain circumstances we may require a signature on delivery. If your tickets are returned to us, we will attempt to contact you to get an alternate address. If you are not available to receive the tickets or if you refuse delivery of your tickets, you agree to give us the right, but not the obligation, to resell the tickets. Additional shipping fees may apply for expedited orders, Saturday delivery, or orders that ship to addresses outside of the United States.
If your order requires special delivery, or on-site pick-up, then a Soldout representative will provide details on where, when and how to pick-up your tickets. This may include picking up your tickets at a location outside the venue as designated by Soldout or the ticket seller (such as a hotel, restaurant or the office of a ticket seller), or in rare cases at the venue will-call. Additional charges may apply on orders that require special delivery.
Flash Seats are a special delivery type that require you to use your driver’s license or credit card, or mobile device to enter your event. If the tickets you order require Flash Seats delivery, then we will provide instructions for setting up a Flash Seats account. You will then need to provide us your Flash Seats account information, which the ticket seller will use to deliver the tickets to you.
Soldout typically delivers tickets per the following schedule, unless the “ships by” date is listed as a date in the future:
- Instant Download – Within a few minutes of your order confirmation.
- eDelivery – Within a few hours of your order confirmation.
- FedEx shipment – Arrive in 1-3 business days from date you place your order.
- Special Delivery – Available to pick-up at least one (1) hour before your event starts.
On your order there may be a “ships by” date (or “estimated ship date”), which is an approximation of when tickets will be available to deliver. This estimate is provided by the ticket seller who has not yet received the tickets but who has an expectation of when the tickets will be received or can be delivered.
Soldout is not responsible for tickets lost by FedEx but will work in the best interest of the customer to follow-up with FedEx Shipments and use good will on a case-by-case basis.
Soldout is not responsible for delivery delays which are outside our control. The venue or team issuing the tickets may not make the tickets available until 24 to 48 hours prior to the event date, including eDelivery or Instant Download tickets which may not be accessible until that time. These delivery delays are a policy of the team or venue issuing the tickets, and not Soldout. We are also not responsible for other transit delays, including inclement weather, which could cause your tickets to be delivered outside of your expected arrival date. You can track your order by logging in on the Soldout website.
If two (2) days before the event the tickets on your confirmed order are not delivered, please contact us so we can work with the seller to deliver them. If the tickets or acceptable substitute tickets cannot be delivered prior to the event, Soldout will refund 100% of your payment for the undelivered tickets. Soldout is responsible to ensure on-time delivery of your order, which is delivery that occurs prior to the event, to a location that allows reasonable time to collect the tickets and attend the event. Soldout reserves the right to change delivery method at our sole discretion, and deliver your tickets as late as one (1) hour prior to the event.
Please check your tickets carefully once you receive them. You must notify Soldout within 24 hours of receiving your tickets and before your event, if the tickets are different from what you ordered. You are solely responsible for safekeeping of the tickets you purchase. Soldout cannot replace tickets if they are lost, stolen, not in your possession, or damaged.
Soldout discount codes, and coupon codes, must be applied prior to purchase and are subject to the restrictions of the applicable code. Discount codes must be applied prior to submitting your order, and cannot be retroactively applied to an order you previously submitted. We will not honor discount codes provided to us after an order has already been submitted. Soldout discount codes are solely intended for our retail customers and we will not honor discount codes used by any commercial ticket seller.
Soldout discount codes cannot be combined and are limited to one per order. We will not honor discount codes that are used for multiple orders by the same customer. Multiple orders placed using the same discount code will only receive a discount on the initial order, and Soldout will collect funds equal to the total price for each subsequent order. Additionally, we reserve the right to cancel or refuse the orders of any customer suspected of discount code abuse, whether or not the order has been confirmed and/or funds have been collected. If funds have been collected and your order is canceled, we will return your funds as soon as possible.
Soldout discount codes are limited to use during the time period specified by us in our advertised promotion. We will not honor discounts from expired discount codes. Orders placed utilizing expired discount codes will not receive the discount associated with that code and Soldout will collect funds equal to the total price on that order. Soldout is not responsible for unauthorized or inaccurate discount codes offered by any 3rd party website. Discount codes which are offered by affiliates or other 3rd party websites must be redeemed through those other websites and will not be honored on Soldout. Orders placed utilizing unauthorized or inaccurate discount codes will not receive the discount associated with that code and Soldout will collect funds equal to the total price on that order.
All sales are final, so please only order tickets after you are sure that you want them. If, after you submit an order to Soldout, you decide that you no longer want your requested tickets, or desire to change your tickets, we do not provide refunds, cancellations or exchanges. Make sure the tickets you order are for the correct event, date and time. You cannot cancel your order if your plans change, the date or time of the event changes, you find different tickets that you prefer, or your ability to attend an event changes nor can you substitute or exchange your tickets if you order incorrectly.
Our Soldout Guarantee provides a refund if you do not receive valid tickets in time for you to attend your event. Your refund will be the amount you paid on the tickets minus any FedEx shipping fee, if your tickets were already shipped to you. If your tickets were not yet shipped to you via FedEx or delivered to you via another method, then you will receive the full amount that you paid for the tickets as your refund.
No refunds will be given for any reason other than cancellation of the event, per the policies in our Cancelled or Postponed Events section, or our failure to deliver valid tickets. Soldout’s sole obligation or liability for undelivered tickets, is to refund the amount you paid for the tickets. All orders must be confirmed by the seller, and paid in full, for the Soldout Guarantee to take effect.
If you are claiming you are owed a refund under the terms of the Soldout Guarantee, then you must follow the proper steps to qualify. Soldout must receive your completed refund request form within five (5) days after the date of your event. You must also return your tickets to Soldout, using a trackable method of return, during that same five (5) day post-event timeframe. Upon receipt of your request, we will contact you to discuss your request or notify you that we will refund, or have already refunded, any payments made on your order.
Cancelled and Postponed Events
If your event is cancelled, and not rescheduled, you are eligible to receive a full refund. If a cancellation causes new tickets to be issued for an event, then Soldout will refund your payment for the tickets. On purchases for conditional games that are not played you will receive your money back since the game did not occur. An example of a conditional game would be a game 7 of a playoff series that does not occur because the series is won by one of the teams before the 7th game.
If an event is partially cancelled, or your event is cut short, then we are unable to offer a refund. If your event is postponed or rescheduled, and your same tickets will be honored for the event at another date or venue, we are unable to offer refunds. Refunds are not provided for a concert where an artist who is scheduled to perform does not play, or a sporting event where a particular player sits out.
In order to receive your money back, you may be required to return tickets that you have already received. If your event is cancelled, and not rescheduled, in advance of its scheduled date, then you should submit a Refund Request Form, and return your tickets to Soldout, so that we receive both within five (5) days of the announced cancellation.
The Masters Golf tournament, US Open Tennis tournament and Miami Open Tennis tournament are exceptions to our standard refund policy. Regarding the Masters Golf tournament, Soldout will only issue an in-store credit in the amount of the purchase price of the practice round ticket or daily tournament badge if the entire round is rained out (i.e. the golfers do not swing a single club). Clients who purchase a 4-day Masters badge can use the badge the next day and will not receive any refund. Regarding the US Open Tennis tournament, if any of sessions #1 through #20 are officially determined to be “rained-out” by the USTA, then an in-store credit will be issued for the face value on the ticket purchased, unless the ticket was purchased for less than face value, in which case an in-store credit for the purchase price of the ticket will be issued. If inclement weather causes the USTA to reschedule any of sessions #21 through #24, tickets for each session will provide access to the same session at its rescheduled date and time. A rescheduled session does not constitute a cancellation. Regarding the Miami Open Tennis tournament, if any sessions are cancelled due to weather, then an in-store credit will be issued for the face value on the ticket purchased, unless the ticket was purchased for less than face value, in which case an in-store credit for the purchase price of the ticket will be issued.
Denial of Admission to Event
If you have difficulty gaining access to your event, or you are denied entry, with the tickets on your confirmed order; or the tickets are deemed invalid or not honored by the venue, then please contact us immediately. Our team will attempt to assist you in resolving the issue, or if necessary will try to procure replacement tickets to get you in to the event. If we cannot resolve the issue, or if necessary deliver replacement tickets, then Soldout will refund any payments made on your order; provided that you can supply us proof from the venue that you were denied entry and you have also returned the tickets to us.
Ticket Purchaser Responsibilities
It is your responsibility to check with the venue where your event occurs, or the party responsible for the event, for any possible changes in date and time prior to the event. Event dates and times that may be listed on the Soldout website, in any correspondence from us, or printed on the ticket are always subject to change. Changes to the event date or time, and event postponements or cancellations are not within Soldout’s control, and therefore it is not our responsibility to notify you when changes occur.
By ordering tickets through Soldout, you agree to abide by all behavior and conduct policies and rules at the venue where the event is located. Should you or your guests’ behavior cause your ejection from the event, you are solely liable for any fines or financial losses that occur as a result of your misconduct. If your behavior causes the team, league, promoter or venue to revoke the season tickets of the seat holder, then you will be held responsible for the cost of loss of those renewable seats.
Soldout is not responsible for the actions of the crowd at your event. If someone is sitting in your seat when you arrive, it is your responsibility to ask them to move or ask an usher or other venue representative to seat you. Soldout is not responsible for any changes made at the venue including, but not limited to, seating arrangement, stage set-up, hospitality areas, or security checks which may delay your entrance to event. If any cameras, audiovisual equipment or other objects obstruct the view from your seats, it is your responsibility to ask an usher to remove the obstruction or re-seat you.
If you purchase a ticket, or package, that includes any form of hospitality, an event suite, or lodging, then you are responsible to pay for all incidental expenses that you accrue in using that ticket or package. Those expenses may include the cost of food & beverages consumed, or any similar form of hospitality. Soldout will send you an invoice, which you are responsible to pay, if there are incidentals incurred by you or your guests’ at the event.
Certain events may have a minimum age requirement to attend. It is your responsibility to confirm age eligibility for attendees prior to purchase.
Photos of tickets that are posted on the internet, shared with friends, or accessible to the public, may result in fraudulent ticket reproduction and/or ticket cancellation by the performer, event, venue, or organization. Soldout advises against taking photos of tickets that display the seat numbers, barcodes, and/or purchaser’s name. If you decide to take photographs of your tickets, or allow photographs to be taken, you do so at your own risk. Soldout is not responsible for and will not refund or replace tickets affected by fraudulent activity, or ticket cancellations as a result of those photographs.
Any attempt to defraud Soldout may result in legal and criminal action brought against you. Soldout notifies our credit card company partners and law enforcement in cases of fraud, or suspected fraud, and aggressively and fully cooperates with investigations. We reserve the right to take legal action against any person that purchases tickets through Soldout but then issues a chargeback with their credit card company by falsely claiming that they never received the tickets from us.
Website inaccuracies & Technical errors
The Soldout website may contain information with technical inaccuracies or typographical errors. Please notify us if you discover any such instance. We reserve the right to make changes without notice. Soldout does not promise that our website, or any content, service, or feature thereof, will be error-free or uninterrupted, or that any defects will be corrected, or that your use of our website will provide specific results. Similarly, any ticket recommendations by Soldout are not guaranteed to be without inaccuracies, and any displayed seat locations, amenities, and any other descriptions of seat types, and added values are subject to change. Soldout is not responsible for any inaccurate information displayed within recommendations. Soldout reserves the right to modify, suspend or terminate operation of this website or full or partial access thereto without notice and for any reason.
If a ticket listing is displayed at an incorrect price or with incorrect information due to a typographical error or error in pricing by the ticket seller, then we reserve the right to cancel or refuse that order and provide you a refund. We reserve the right to cancel or refuse any such orders whether or not the order has been confirmed and your funds have been collected. If funds have been collected and your order is canceled, we will return your funds as soon as possible. If the error is identified before your order has been confirmed, then you will be notified that your order could not be confirmed.
Occasionally ticket listings for certain events may be improperly mapped, or matched, and listed under the wrong event, series, game, section, zone or session. This can occur in a variety of circumstances, including when a venue hosts multiple events on the same date, the event date for a playoff series is not yet set or changes, or an event has single day and multi-day ticket options. These data mapping errors fall under the same category and are treated as typographical errors. If an event is incorrectly mapped, then we reserve the right to cancel or refuse that order. We reserve the right to cancel or refuse any such orders whether or not the order has been confirmed and your funds have been collected. If funds have been collected and your order is canceled, we will return your funds as soon as possible. If the error is identified before your order has been confirmed, then you will be notified that your order could not be confirmed.
Restriction for UK Residents on Soccer
Soldout may not offer for sale tickets to certain soccer matches to residents who reside within the United Kingdom, because of our duty to comply with British regulations aimed at preventing hooliganism, or other potential fan violence at those matches. These include matches involving UK soccer clubs in the English Premier League, Euro Cup, FIFA World Cup, FA Cup and UEFA Europa League. Any orders placed in violation of our policy may not be confirmed, or may be cancelled with your funds returned. This policy does not apply for soccer matches, involving any clubs, which are played in the United States.
Seller Listing Guidelines
Sellers who lists their tickets for sale through Soldout are responsible to follow these guidelines that govern sales on our marketplace. All sellers must be approved prior to listing their tickets through Soldout. Here is a link to our seller sign up page.
You are choosing to list your ticket inventory for sale via Soldout and we have no contractual relationship besides this agreement. You understand that we cannot guarantee that your tickets will sell and will not offer compensation if your tickets do not sell, even if you are listing tickets on consignment. Also you must legally have the right to offer the tickets you are listing for sale, and need to have the tickets in your possession or know that you will deliver the tickets prior to the event date.
Sellers cannot list anything that is not valid for admission to an event as an event listing; this includes hospitality, party passes, parking passes, VIP areas passes, etc. Sellers may not list tickets for sale that they do not own (i.e. speculative tickets) or have title to; nor can you offer non-transferable tickets. If we suspect a seller of listing speculative tickets, we reserve the right to remove those tickets listings; or for confirmed orders we may at our discretion cancel your order and charge you any difference in price it costs us to replace the tickets. Soldout will not list for sale any tickets that may have been obtained using automated bot software. If we suspect, or it is reported to us, that a seller is listing tickets that may have been acquired by use of automated bot software, then we reserve the right to remove those listings until we can investigate. We reserve the right to suspend or block sellers who list speculative tickets, or tickets acquired via bots, from offering tickets for sale on the Soldout website.
Soldout does not apply price restrictions (i.e.- price caps or price floors) on tickets that sellers list for sale. Sellers are solely responsible for pricing their own tickets, and must do it in accordance with all applicable laws in their country, state or municipality. Prices must be kept up-to-date the entire time your tickets are available for sale on our site, until they sell or the listing is no longer offered for sale.
Soldout is under no obligation to display your tickets on our site. Event listings may be filtered based on criteria solely determined by Soldout.
Seller tickets listings must be accurate and should not be in any way misleading. Seller listings must include the following information; the section, row, seat, in-hand information and delivery method. Non-specific and/or misleading listing information can cause your listing to be removed from our site. In-hand date should either be listed as in-hand now, or include the date the tickets will be in your possession to deliver to a client. Sellers must put notes in the listing information clearly disclosing any potential issue with the tickets that may affect the experience of a ticket purchaser at an event in the ticket notes displayed on the ticket listings. This information includes, but is not limited to, disclosing the following on seats you offer: obstructed view, limited view, partially obstructed view, behind stage (possible obstruction), side stage (possible obstruction), wheelchair only, standing room only, tickets within a suite, tickets that include barstool instead of a seat, and tickets for events with age restrictions. If a ticket listing does not provide the necessary disclosures, contains inaccurate information that is misleading or is out of date, we reserve the right to remove those listings as well as suspend the seller from offering tickets for sale. At our sole discretion we may choose not to offer tickets on our site. For confirmed orders, that did not disclose this information, we may at our own discretion cancel the order and charge the seller the difference in price it costs us to replace the tickets.
Sellers who knowingly offer fake, or fraudulent, tickets for sale will be investigated; which may result in legal or criminal charges being filed against the seller.
Seller Post-Order Obligations
Sellers who list tickets for sale, and then receive a subsequent purchase order from a Soldout customer, agree to deliver the exact tickets for the specified price and within the required delivery timeframe. Sellers are expected to confirm orders within minutes and must deliver the sold tickets by their listed in-hand date. Soldout may require sellers to automatically confirm orders for certain types of tickets. In-hand tickets that sell should ship the same day. Hard stock tickets will be shipped via FedEx using our generated shipping airbill. No materials aside from the tickets should be inserted into FedEx envelopes to ship to customers, unless requested and/or approved by Soldout.
If a seller does not deliver the tickets by the in-hand date, then Soldout may at our own discretion cancel the order and charge you, the seller, any difference in price it costs us to replace the tickets and an administrative penalty. No seller may decide on their own to ship replacement tickets, or any tickets that are different from what was ordered by the customer. If a seller does not deliver the exact tickets that were ordered by the customer, then Soldout may at our own discretion cancel the order and charge the seller any difference in price it costs us to replace the tickets for the customer.
Sellers who list their tickets for sale at Soldout have an obligation to fulfill all orders they confirm, and should not reject orders to attempt to profit on a rising market. Under no circumstances may a seller cancel an order at one price only to relist the same tickets at a higher price. If a seller fails to reliably confirm orders, then we reserve the right to remove their ticket listings, assess a fee, suspend or block them from selling tickets on the Soldout website.
On taxable events in Texas, we collect and remit sales tax from the buyer. Aside from Texas, sellers are solely responsible to pay applicable federal, state and local taxes on tickets sold through Soldout. You must also possess any license that is required in your state or municipality to sell tickets. Each ticket seller must have all of their contact information up-to-date, and a W-9 on file with Soldout in order to list tickets for sale on our website. Failure to do the following, may result in removal of your ticket listings until you are in compliance.
You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Soldout website, including those governing consumer protection, unfair competition, anti-discrimination or false advertising. You warrant that any information you provide to Soldout, to other users, or to visitors, and your activity on the Soldout website: (a) is not fraudulent, false, inaccurate, misleading or defamatory; (b) does not involve the sale of counterfeit or stolen items; and (c) does not infringe any third party’s intellectual property rights or rights of publicity or privacy.
Limitation of Liability & Disclaimer of Warranty
SOLDOUT’S SOLE OBLIGATION OR LIABILITY FOR UNDELIVERED TICKETS OR ANY OTHER TICKET PROBLEMS IS LIMITED TO THE SOLDOUT GUARANTEE, WHICH IS OUR MONEY-BACK GUARANTEE TO YOU, THE PERSON WHO BOUGHT THE TICKETS. SOLDOUT IS NOT RESPONSIBLE FOR PROVIDING REIMBURSEMENT TO ANYONE FOR TRAVEL, LODGING, OR OTHER EXPENSES UNDER ANY CIRCUMSTANCES UNLESS THOSE ITEMS ARE SPECIFICALLY INCLUDED AS PART OF A PACKAGE THAT IS PURCHASED through SOLDOUT.
THE PRICE YOU PAY FOR TICKETS MAY BE SUBSTANTIALLY HIGHER THAN FACE VALUE, WHICH IS THE PRICE PRINTED ON THE TICKET.
SOLDOUT PROVIDES ITS WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS EXPRESSLY SET OUT IN THE SOLDOUT GUARANTEE, SOLDOUT FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY OF SOLDOUT’S SERVICES.
EXCEPT WHERE PROHIBITED BY LAW, SOLDOUT WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF SOLDOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT SOLDOUT IS REQUIRED TO SEEK LEGAL REMEDIES TO RECOVER FEES AND/OR RESOLVE DISPUTES WITH YOU, YOU AGREE THAT SOLDOUT IS ENTITLED TO RECOVER ALL OF ITS COSTS ASSOCIATED WITH SUCH ACTION, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND OTHER COSTS.
Soldout cannot be held liable for injuries, accidents or deaths that could occur at an event for which we sell tickets.
You agree to indemnify and hold Soldout and its shareholders, officers, directors, representatives, employees, agents, parents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including but not limited to attorneys’ fees and other costs) that are made against Soldout by any third party (including but not limited to any governmental or third party claim pertaining to federal, state, or local government tax obligations) in connection with, due to or arising out of your breach of these Terms & Conditions, your use of this website or any transaction with or related to Soldout.
CHOICE OF LAW AND VENUE PROVISIONS: You acknowledge and agree that all matters relating to your use of this website or your transaction(s) with Soldout will be governed by the laws of the United States and the state of Texas. You also agree to jurisdiction and venue in the state and federal courts within Travis County, Texas.
The content of this website is protected by law, including without limitation U.S. copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of Soldout’s legal legends are retained. You may not “mirror” any content contained within this Website without the express prior written consent of Soldout. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Soldout or the appropriate copyright owner. Soldout does not grant you any licenses, express or implied, to the intellectual property of Soldout or its licensors except as expressly stated in this Agreement. Without our express written permission, you cannot copy, reproduce, reverse engineer, modify, decompile, or otherwise attempt to derive source code from the Soldout website. Furthermore, you agree not to use any bots, robots, spiders, scrapers, or other unauthorized means to access the Soldout website.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DMCA takedown requests should be sent to Soldout Legal Department via email at [email protected] and via registered mail to the Soldout office at the address below:
Attn: Legal Department (Re: DMCA Takedown Request)
1403 Rio Grande Street, Austin, Texas 78701
When you submit user content to Soldout, you are granting us a non-exclusive, worldwide, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid, sub-licensable license to use, reproduce, distribute, display, store, digitally perform, encode, publish, sell, offer for sale, import and commercialize such content, without limitation and without any compensation or acknowledgment to you or any third party. You grant Soldout the right to use your name or image in association with your user content, if we so choose. Furthermore, you represent and warrant that user content: (a) is owned by you or you control the rights to it; (b) does not violate or infringe on the rights of any third party including intellectual property rights, or privacy rights; (c) is accurate, not obscene, false, libelous or defamatory; (d) will not cause injury to any person, entity or system. You will indemnify Soldout for all claims resulting from your user content. We have the right but not the obligation to monitor, edit or remove your user content.
Soldout trademarks and trade dress may not be used in connection with any product or service that is not Soldout’s. Any; graphics, logos, page headers, buttons, icons, scripts, social media icons, social media accounts and service names included in or made available through any Soldout service are trademarks or trade dress of Soldout in the United States, all United States territories and all other countries worldwide. All other trademarks not owned by Soldout that appear in any Soldout service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Soldout.
Soldout shall not be deemed in default or otherwise liable under these Terms & Conditions due to its inability to perform its obligations by reason of any act of God, earthquake, blizzard, flood, fire, epidemic, accident, explosion, strike, labor controversy, riot, civil disturbance, war, any law ordinance or regulation, any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.
Website Usage & Disclaimer
The purpose of the Soldout website is to offer consumers an opportunity to purchase tickets or event packages. Users of the Soldout website are strictly prohibited from using the website to identify ticketholders, who are offering their tickets for sale, for the purpose of restricting the sale or transfer of their tickets, cancelling their tickets, or revoking their season ticket renewal rights. If Soldout determines that you are in violation of this provision, we reserve the right to take legal action against you. Aside from our listed official sponsorships, we are not affiliated with nor endorsed by any of the artists, teams, venues or organizations listed on this website.
Soldout may modify these Terms & Conditions at any time, and your use of this website will be conditioned upon the Terms & Conditions in force at the time of your use.
Effective date: August 23, 2016