Terms and Conditions
1. Introduction
Ticketberry LLC, located at 1209 Mountain Road PL NE, Albuquerque, NM 87110, United States (“Ticketberry”, “we”, “us”, or the “Platform”), operates an online marketplace that enables users to buy and sell tickets for events worldwide.
These Terms & Conditions govern access to and use of the Platform and apply to all users (“Users”), including buyers (“Buyers”) and sellers (“Sellers”).
By registering, creating an account, or using the Platform, Users agree to these Terms.
2. Nature of the Service
Ticketberry operates as an online marketplace and intermediary platform for ticket transactions. Ticketberry:
- Does not organize events
- Does not own the tickets listed on the Platform
- Does not act as the event organizer
However, Ticketberry may provide operational services related to transactions, including:
- Payment processing
- Order management
- Ticket delivery facilitation
- Fraud prevention checks
- Customer support
Unless expressly stated otherwise, contracts for the purchase of tickets are concluded directly between the Buyer and the Seller.
3. User Registration
To use the Platform, Users must:
- Be at least 16 years old and have legal capacity to enter into contracts
- Provide accurate, complete, and up-to-date information
- Maintain a valid and operational email address
- Keep their account credentials secure
Users are responsible for all activity carried out through their account.
Ticketberry may request additional verification information where reasonably necessary for fraud prevention, payment verification, or legal compliance.
Ticketberry reserves the right to suspend or terminate accounts, cancel orders, or restrict access to the Platform where there is a breach of these Terms, suspected fraud, abusive conduct, or unlawful activity.
4. Use of the Platform
Users agree:
- Not to bypass the Platform in order to complete transactions outside it
- Not to misuse personal data of other users
- Not to publish false, misleading, or unlawful information
- Not to engage in fraudulent, abusive, or illegal activity
- Not to use bots, scripts, fake identities, or automated means to acquire or sell tickets in violation of applicable law or ticketing restrictions
Users may only use other users’ personal data as necessary to complete an order or fulfill ticket issuance requirements, and not for advertising, spam, or unrelated purposes.
Ticketberry may remove listings, correct technical listing errors, request supporting documentation, or suspend content that appears unlawful, inaccurate, misleading, or inconsistent with these Terms.
5. Fees
Ticketberry may charge service fees to Buyers, Sellers, or both.
All applicable fees will be displayed before the completion of a transaction.
The Buyer is responsible for reviewing the total price before confirming a purchase.
6. Ticket Purchases (Buyers)
6.1 Contract Formation
A binding contract is formed when the Buyer completes the purchase process and payment is authorized or confirmed, subject to reasonable fraud checks.
6.2 Pricing
The total price may include:
- Ticket price
- Platform service fees
- Delivery fees, if applicable
- Payment processing fees, if applicable
- The Buyer agrees to pay the total price shown at checkout.
7. Ticket Delivery
7.1 Format
Tickets are usually delivered electronically, including PDF tickets, e-tickets, mobile transfer links, or similar digital formats. Physical delivery may be offered only where expressly stated.
7.2 Standard Delivery Window
Due to the nature of the ticketing industry, including delayed release of tickets by organizers or primary sellers, tickets are normally delivered between 5 days and 24 hours before the event.
In exceptional cases, tickets may be delivered up to 4 hours before the event.
7.3 Last-Minute Purchases
Last-minute purchases are purchases made within 48 hours before the event.
The delivery deadlines for last-minute purchases are as follows:
- Purchases made less than 48 hours before the event: the delivery deadline is 4 hours before the Event
- Purchases made less than 24 hours before the event: the delivery deadline is 2 hours before the Event
- Purchases made less than 4 hours before the event: the delivery deadline is 1 hour before the Event
7.4 When Delivery Is Deemed Completed
Delivery is deemed completed when the ticket is sent to the Buyer’s registered email address, made available for download in the Buyer’s account, or transferred using the delivery method specified in the order.
7.5 Buyer Responsibility
The Buyer is responsible for:
- Maintaining a working email address
- Checking spam or junk folders
- Ensuring there are no technical limitations preventing receipt of tickets
If tickets are not received within the applicable delivery window, the Buyer must contact Ticketberry as soon as possible before the event.
8. Ticket Replacement and Minimum Buyer Protection
If tickets cannot be delivered for reasons attributable to the Seller or due to operational issues, Ticketberry may attempt to obtain replacement tickets from another Seller up to shortly before the event.
Replacement tickets may be:
- Equivalent in category
- Higher in category
- Lower in category
If replacement tickets of a lower category are provided, Ticketberry may refund the reasonable difference in value.
If Ticketberry cannot provide either the original tickets or suitable replacements within the applicable timeframe, a refund will be issued in accordance with these Terms.
Ticketberry’s ticket replacement policy is intended to provide either access to the event or a refund in the cases covered by these Terms, but does not cover travel, accommodation, or other related expenses.
9. Refunds and Cancellations
9.1 No General Right of Withdrawal
Because tickets relate to leisure services with a specific date or period of performance, purchases are generally excluded from any statutory right of withdrawal or cancellation, to the extent permitted by applicable law. This means that no refund will be due merely because:
- The Buyer changes their mind.
- The Buyer made a mistake when choosing the event, date, or category.
- The Buyer is unable to attend.
- External circumstances prevent attendance, such as traffic, weather, or personal issues, where the event still takes place.
9.2 Refund Cases
Refunds may be issued only where reasonably verified and where applicable law or these Terms require it, including in the following situations:
- The event is definitively and entirely cancelled and not rescheduled. The Buyer must notify and request the refund through the contact form available on the Website within 10 days from the original scheduled date of the event. Events that are partially performed, interrupted after commencement, shortened, postponed, or otherwise substantially performed shall be deemed to have taken place and shall not qualify for a refund.
- The tickets are not delivered within the applicable delivery deadline and the failure is not attributable to the Buyer.
- The tickets are invalid or access is denied for reasons not attributable to the Buyer.
9.3 Scope of Refund
Unless otherwise required by law, any refund will generally cover the amount paid for the ticket(s). Service fees may be non-refundable to the extent they relate to services already performed, such as payment processing, platform operation, customer support, or ticket management.
9.4 Claims Procedure
To allow investigation and possible resolution:
- In case of non-delivery, the Buyer must contact Ticketberry as soon as possible before the event
- In case of invalid tickets or denied entry, the Buyer must notify Ticketberry as soon as possible and, where available, provide supporting evidence such as written confirmation from venue staff, screenshots, or related documentation
- In case of event cancellation, the Buyer must contact Ticketberry within a reasonable time after the cancellation is officially communicated
9.5 Rescheduled or Relocated Events
If an event is rescheduled or moved to a different venue and the ticket remains valid for the new date or venue, the purchase remains valid and no refund will be due, unless otherwise required by mandatory law.
10. Sellers’ Obligations
Sellers must:
- Have the legal right to sell the tickets they list
- Ensure the tickets are authentic and valid
- Provide accurate and complete listing information
- Disclose relevant restrictions, limitations, or special conditions
- Deliver tickets on time
- Retain reasonable proof of delivery, transfer, or shipment where applicable
Sellers are responsible for the accuracy of information relating to:
- Category
- Section
- Row
- Seat
- Limited view
- Accessibility conditions
- Named ticket requirements
- Any other relevant characteristic of the ticket
Sellers must not contact Buyers to complete transactions outside the Platform. Failure to comply may result in:
- Refund obligations
- Withholding of payments
- Recovery of replacement costs
- Penalties or administrative charges where permitted by law
- Account suspension or permanent ban
11. Payments to Sellers
Seller payments are generally released after the event, subject to:
- Successful ticket delivery
- No valid claims or disputes
- No chargebacks or fraud concerns
Ticketberry and/or its payment providers may withhold funds for a reasonable period where there is:
- Suspected fraud
- A pending dispute or claim
- A chargeback or payment investigation
- Reasonable concern that a transaction may result in financial loss or liability
If a Seller fails to deliver valid tickets, Ticketberry may:
- Refund the Buyer
- Provide replacement tickets
- Recover associated costs from the Seller
- Offset such amounts against current or future payouts, to the extent permitted by law
12. Data Sharing
To provide the service and fulfill transactions, Ticketberry may share necessary personal data with:
- Sellers
- Fulfillment partners
- Payment processors
- Fraud prevention providers
- Customer support providers
- Analytics or technical service providers
Where required for named tickets or issuance purposes, Buyer information may be shared with Sellers or operational partners involved in issuing the ticket.
Such third parties may act as processors or, in some cases, as independent data controllers depending on their role.
Ticketberry does not sell personal data.
Personal data is handled in accordance with Ticketberry’s Privacy Policy.
13. Fraud Prevention and Chargebacks
13.1 Fraud Prevention
Ticketberry reserves the right to monitor transactions in order to detect and prevent fraud, abuse, or unlawful conduct. For this purpose, Ticketberry may:
- Request identity verification or additional documentation
- Request proof of payment method ownership
- Delay or suspend an order for review
- Refuse, cancel, or reverse suspicious transactions
- Restrict or block access to the Platform
Failure to provide requested information within a reasonable time may lead to order cancellation or account restriction.
13.2 Payment Verification
All payments are subject to security checks. Ticketberry may use third-party fraud detection systems and payment providers to verify transactions.
13.3 Chargebacks and Payment Disputes
If a User initiates a chargeback or payment dispute, Ticketberry may:
- Suspend the User’s account temporarily or permanently
- Retain relevant funds during the investigation
- Submit evidence to the payment provider, including delivery records, transaction records, and communications
Users are encouraged to contact Ticketberry before initiating a chargeback so that the issue may be reviewed and, where appropriate, resolved directly.
13.4 Seller Liability for Chargebacks
Sellers remain responsible for the validity, accuracy, and delivery of the tickets they offer.
Where a chargeback arises due to non-delivery, invalid tickets, or misrepresentation, Ticketberry may recover the corresponding amounts and related costs from the Seller.
13.5 False Claims and Abuse
Users are strictly prohibited from:
- Filing false claims or disputes
- Attempting to obtain refunds after valid use of tickets
- Engaging in abusive, fraudulent, or manipulative conduct
Ticketberry reserves the right to suspend accounts, ban users permanently, and take legal action where appropriate.
13.6 Cooperation with Authorities
Ticketberry may cooperate with law enforcement authorities, regulators, payment providers, and fraud prevention partners where required or reasonably necessary to investigate fraud, illegal conduct, or payment disputes.
14. Platform Availability
Ticketberry does not guarantee uninterrupted or error-free access to the Platform.
Access may be interrupted due to maintenance, technical issues, third-party failures, or circumstances beyond Ticketberry’s reasonable control.
15. Limitation of Liability
Ticketberry operates as an intermediary platform.
To the fullest extent permitted by law, Ticketberry shall not be liable for:
- The organization, quality, conduct, or execution of events
- Event cancellations, postponements, or venue changes
- Inaccuracies in information provided by Sellers
- Losses arising from travel, accommodation, or other related arrangements
- Indirect, incidental, or consequential damages
Ticketberry’s role is limited to providing the Platform and facilitating ticket transactions and related operational services.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
16. Termination
Users may close their account at any time.
Ticketberry may suspend, restrict, or terminate accounts for violations of these Terms, fraud, abuse, or unlawful conduct.
Termination does not affect transactions already concluded or any outstanding payment, refund, dispute, or legal obligations.
17. Governing Law
These Terms shall be governed by the laws of the State of New Mexico, United States, without prejudice to any mandatory consumer protection laws that may apply in the User’s country of residence.
18. Disputes
Ticketberry is not obliged to participate in alternative dispute resolution procedures unless required by applicable law.
Any disputes shall be submitted to the competent courts as determined by applicable law.
19. Changes to These Terms
Ticketberry may update these Terms from time to time.
Any changes will be published on the Platform and will take effect from the date indicated in the updated version.
20. Contact
For any questions, claims, or support requests, Users must contact us exclusively through the contact form available on the platform.