Global marketplace agreement: use of the Site means agreeing to be bound
StubHub and viagogo provide an online platform connecting sellers and buyers of event tickets and related items, possibly across several websites and apps. By accessing or using the Site the user agrees to be bound by the StubHub Marketplace Global User Agreement.
Supporting quotations
StubHub and viagogo provide an online platform and related services (“Services”) that connects sellers and buyers seeking to respectively sell and buy tickets, related passes and merchandise or other related goods and/or services for events (“Tickets”)
By accessing or using our Site, You agree to be bound by this StubHub Marketplace Global User Agreement (“User Agreement”).
Legal Rights & Agreement Rules · Context
Privacy, seller, cookie and other policies are incorporated by reference
The User Privacy Notice, Mobile Privacy Notice, Seller Policies, Cookie Notice, FanProtect Guarantee, Top Seller Handbook (for qualifying Top Sellers where the program is available) and all other policies applicable to use of the Site are incorporated into the User Agreement as the Additional Policies.
Supporting quotations
Our User Privacy Notice, Mobile Privacy Notice, Seller Policies, Cookie Notice, FanProtect Guarantee, Top Seller Handbook (if you qualify as a Top Seller and the top seller program is available in your territory) and all other policies applicable to your use of the Site (collectively, the “Additional Policies”) are incorporated by reference into this User Agreement.
Not stated here
The Additional Policies are separate documents that are not part of the supplied source, so their contents are not known from this document.
Legal Rights & Agreement Rules · Restriction or exception
Changes take effect when posted and continued use counts as acceptance
StubHub may periodically change the User Agreement and notifies users by posting a revised version on the Site. The revised agreement becomes effective upon publication, and continued use of the Site and Services constitutes acceptance.
Supporting quotations
We may periodically make changes to this User Agreement and shall notify you by posting a revised version on our Site.
The revised User Agreement will become effective upon publication and your continued use of our Site and Services will constitute acceptance of the revised User Agreement.
Legal Rights & Agreement Rules · Restriction or exception
US residents: Clause 22 requires individual arbitration unless they opt out
A notice for all users residing in the United States says Clause 22 contains an agreement to arbitrate that, with limited exceptions, requires claims against StubHub to go to binding and final arbitration unless the user opts out. Unless the user opts out, claims can be pursued only individually, not as a plaintiff or class member in a class or representative action, and relief (monetary, injunctive and declaratory) may be sought only on an individual basis.
Supporting quotations
FOR ALL USERS RESIDING IN THE UNITED STATES, PLEASE BE ADVISED: CLAUSE 22 OF THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE
REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING
YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS
Qualifications & exceptions
Applies to users residing in the United States.
Legal Rights & Agreement Rules · Context
The contracting company depends on which StubHub or viagogo site or app is used
On www.stubhub.com or other StubHub domains (except stubhub.ca) or the StubHub app, the user contracts with StubHub, Inc. (including its affiliated companies) of Wilmington, Delaware. On stubhub.ca the contracting entity is StubHub Canada Ltd.; on certain viagogo domains it is viagogo Entertainment Inc.; on other viagogo domains or the viagogo app it is viagogo GmbH of Geneva, Switzerland. The four companies are collectively “we”, “us” or “our”.
Supporting quotations
www.stubhub.com or any of other StubHub domains (except for www.stubhub.ca), or the StubHub app, you are contracting with StubHub, Inc. (including its affiliated companies), 1209 Orange Street, Wilmington, DE, 19801 USA
you are contracting with StubHub Canada Ltd.
you are contracting with viagogo Entertainment Inc.
you are contracting with viagogo GmbH
StubHub Inc., StubHub Canada Ltd, viagogo Entertainment Inc. and viagogo GmbH are hereinafter referred to as "we", "us", or "our"
Qualifications & exceptions
The contracting entity varies by the domain or app used; the first option covers www.stubhub.com and the StubHub app.
Legal Rights & Agreement Rules · Restriction or exception
Guidance is informational; StubHub does not guarantee tickets or transactions
Any pricing, shipping, listing or other guidance on the Site is solely informational without warranty of accuracy. Although StubHub may help resolve Buyer–Seller disputes and provides the FanProtect Guarantee, it has no control over and does not guarantee the existence, quality, safety or legality of Tickets; the truth or accuracy of users’ content or listings; Sellers’ ability to sell or Buyers’ ability to pay; or that a Buyer or Seller will complete a transaction.
Supporting quotations
such guidance is solely informational (without any warranty as to accuracy)
we may help facilitate the resolution of disputes between Buyer and Seller and provide the FanProtect Guarantee
we have no control over and do not guarantee the existence, quality, safety or legality of the Tickets; the truth or accuracy of the user’s content or listings; the ability of Sellers to sell tickets or Buyers to pay for them; or that a Buyer or Seller will complete a transaction
Not stated here
The terms of the FanProtect Guarantee are not part of the supplied source.
Legal Rights & Agreement Rules · Restriction or exception
Sellers must follow applicable laws, the User Agreement and the Seller Policies
Sellers must comply with all applicable laws and regulations and with the User Agreement and the Seller Policies when listing, selling and delivering Tickets.
Supporting quotations
You must comply with all applicable laws and regulations and the terms of this User Agreement and the Seller Policies when listing, selling and delivering your Tickets.
Qualifications & exceptions
Applies to Sellers.
Legal Rights & Agreement Rules · Restriction or exception
StubHub is not responsible for Sellers’ tax payments; Sellers indemnify
Sellers agree StubHub is not responsible for the accuracy or suitability of any tax payment made to any entity on their behalf, except where it is legally required to calculate, collect and remit sales tax. Sellers must indemnify and hold harmless StubHub and its parents, subsidiaries, affiliates, officers, directors, agents and employees against liabilities, costs, interest and expenses including reasonable attorneys’ fees from third-party or governmental claims relating to any tax obligation or amounts due under any tax law, or any dispute about StubHub’s tax status.
Supporting quotations
You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf, except where we are required by law to calculate, collect, and remit sales tax on your sales.
You shall indemnify and hold us and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by us
any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning our tax status
International Events may bring other policies and different information
A Ticket to an event in a location other than that of the Site where it was listed or bought is an International Event, and the user may be subject to Additional Policies of the Site relating to the event’s location. A Buyer purchasing from a Local Site for an International Event may receive information that differs from that on the Local Site because requirements vary by local law.
Supporting quotations
is defined as an “International Event”
You may be subject with respect to that particular sale or purchase to certain Additional Policies of the Site that relate to the location of the International Event.
information relating to the Ticket and/or the event may differ to the information that you may receive on your Local Site, as information requirements may vary according to local laws
Legal Rights & Agreement Rules · Restriction or exception
Accrued rights and terms meant to survive continue after termination
Termination does not affect rights or liabilities accrued before and including the date of termination or expiry, or any terms intended expressly or by implication to survive.
Supporting quotations
Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
Legal Rights & Agreement Rules · Permission or license
StubHub may modify or discontinue the Site or Services at any time
StubHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of them, with or without notice for any reason. It performs regularly scheduled maintenance and the Site may be temporarily unavailable during maintenance periods.
Supporting quotations
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason.
the Site or our Services may be temporarily unavailable during maintenance periods
Legal Rights & Agreement Rules · Restriction or exception
The App may not be downloaded or exported to sanctioned places or persons
The App or its underlying technology may not be downloaded to or exported or re-exported into, or to a resident or national of, any comprehensively sanctioned country or territory (currently listed as Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, and the so-called Donetsk and Luhansk People’s Republics), or to anyone on U.S. Treasury, Commerce or other U.S., EU, UK or applicable government sanctions lists, or any entity 50% or more owned or controlled by them. Users are responsible for complying with trade and export control laws, and represent they are not located in a Sanctioned Territory and are not a Sanctioned Person.
Supporting quotations
The App or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country or territory subject to comprehensive sanctions
Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk People’s Republic, or the so-called Luhansk People’s Republic
any entity 50% or more owned or otherwise controlled by any of the above
By using the App, you represent and warrant that you are not located in a Sanctioned Territory, and that you are not a Sanctioned Person.
Qualifications & exceptions
Applies to users accessing through a mobile application.
purpose: legal_compliance
Legal Rights & Agreement Rules · Restriction or exception
iOS app: the agreement is with StubHub, not Apple; Apple may enforce it
For the iOS app, the Mobile Device Terms are an agreement between the user and StubHub, not Apple, and Apple is not responsible for the App or its content. The App may be used only on an iOS product the user owns or controls, as permitted by the App Store Terms of Service. Apple has no maintenance or support obligation and is not responsible for third-party IP infringement claims or for product liability, legal conformity or consumer protection claims. On a warranty failure the user may notify Apple, which refunds the purchase price if applicable and has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries who may enforce the terms against the user.
Supporting quotations
iOS - Apple
These Mobile Device Terms are an agreement between you and us, and not with Apple. Apple is not responsible for the App and the content thereof.
We grant you the right to use the App only on an iOS product that you own or control and as permitted by the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App
Apple will refund the purchase price, if applicable, for the App to you
Apple and Apple's subsidiaries are third party beneficiaries of these Mobile Device Terms
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Qualifications & exceptions
Applies to users of the iOS app.
purpose: third_party_services
Legal Rights & Agreement Rules · Restriction or exception
Android app: the agreement is with StubHub, not Google; Google may enforce it
For the Android app, the Mobile Device Terms are an agreement between the user and StubHub, not Google, and Google is not responsible for the App or its content. The App may be used only on an Android product the user owns or controls, as permitted by the Google Play Terms of Service. Google has no maintenance or support obligation and is not responsible for third-party IP infringement claims or for product liability, legal conformity or consumer protection claims. On a warranty failure the user may notify Google, which refunds the purchase price if applicable and has no other warranty obligation. Google and its subsidiaries are third-party beneficiaries who may enforce the terms against the user.
Supporting quotations
Android - Google
These Mobile Device Terms are an agreement between you and us, and not with Google. Google is not responsible for the App and the content thereof.
We grant you the right to use the App only on an Android product that you own or control and as permitted by the Google Play Terms of Service.
Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App
Google will refund the purchase price, if applicable, for the App to you
Google and Google's subsidiaries are third party beneficiaries of these Mobile Device Terms
Google is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Qualifications & exceptions
Applies to users of the Android app.
purpose: third_party_services
Legal Rights & Agreement Rules · Restriction or exception
Users warrant content is lawful, indemnify StubHub and may not sell stolen items
Users represent and warrant that User Content is owned or controlled by them, does not infringe third-party rights including IP, privacy or publicity rights, is accurate and not obscene, false, libelous or defamatory, and will not cause injury. Users indemnify StubHub for all claims resulting from their User Content. StubHub may, but is not obliged to, monitor, edit or remove User Content, which is non-confidential and for whose use or disclosure StubHub is not liable. The sale of stolen property is forbidden, StubHub supports law enforcement recovery efforts and urges prosecution of those knowingly trying to sell such items.
Supporting quotations
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights
(c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system
You will indemnify us for any and all claims resulting from your User Content.
We have the right but not the obligation to monitor, edit or remove your User Content.
The User Content is non-confidential and we will not be liable for its use or disclosure.
The sale of stolen property on our Site is strictly forbidden and violates local, country and international law.
We strongly support law enforcement efforts to recover stolen property that is listed on the Site
US users can report suspected IP infringement under Appendix 1
StubHub says it respects intellectual property rights and responds to notices of alleged infringement. If the user resides in the United States and finds material that they believe infringes their copyright or other IP rights, they can notify StubHub, which will investigate, following the process in Appendix 1.
Supporting quotations
We respect intellectual property rights and we respond to notices of alleged infringement.
If you reside in the United States, and you find material on our Site or Services that you believe infringes your copyright or other intellectual property rights, please notify us and we will investigate.
Learn how to submit a notice to us, see Appendix 1.
Qualifications & exceptions
Applies to users residing in the United States.
Legal Rights & Agreement Rules · Restriction or exception
The Site and Services are provided "as is", and all warranties are disclaimed
The user agrees to use the Site and Services on an “as is” and “as available” basis. StubHub makes no warranty about its software, Services, Site, any Tickets, any event, any User Content, or that Sellers or Buyers will perform as promised. To the maximum extent permitted by law, and except as the User Agreement and the FanProtect Guarantee specifically provide, it disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement.
Supporting quotations
YOU ARE MAKING USE OF THE SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS
WE MAKE NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED
EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT AND IN OUR FANPROTECT GUARANTEE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT
Legal Rights & Agreement Rules · Restriction or exception
StubHub and its providers disclaim special, indirect and consequential damages
To the maximum extent permitted by law, StubHub (including its service providers and licensors) is not liable for special, indirect or consequential damages; loss of profits, goodwill or reputation or other intangible losses; or damages relating to access to, use of or inability to use the Site or Services, viruses or malicious software obtained through the Site or linked sites, any User Content or third-party content, or the duration or manner in which listed Tickets appear.
Supporting quotations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) ARE NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES
YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES
VIRUSES OR OTHER MALICIOUS SOFTWARE
ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES
Legal Rights & Agreement Rules · User right or choice
Some jurisdictions do not allow these disclaimers, especially for consumers
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the disclaimers and exclusions may not apply and the user may have rights in addition to those in the User Agreement, especially if a consumer.
Supporting quotations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS USER AGREEMENT
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at the greater of 12 months’ fees or $200
Regardless of the previous clauses, StubHub’s liability to the user or any third party is limited to the greater of (a) the fees in dispute, not to exceed the total fees the user paid in the 12 months before the action giving rise to the liability, or (b) $200 (or €200, as applicable).
Supporting quotations
REGARDLESS OF THE PREVIOUS CLAUSES, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $200 (OR €200, AS APPLICABLE)
Legal Rights & Agreement Rules · Restriction or exception
US and Canada: California law governs and disputes follow Clause 22
If the user resides in the United States or Canada, they agree to the maximum extent permitted by law that claims or matters arising under or in connection with the User Agreement are governed by California law, and agree to resolve disputes with StubHub as specified in Clause 22.
Supporting quotations
If you reside in the United States or Canada, you agree to the maximum extent permissible by applicable law that any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed according to the laws of the State of California.
You also agree to resolve your disputes with us as specified in Clause 22.
Qualifications & exceptions
Applies to users residing in the United States or Canada.
Legal Rights & Agreement Rules · Context
Mexican and EU residents have different governing law and dispute terms
Users residing in Mexico agree the User Agreement is governed by federal Mexican law and resolve disputes as specified in clause 23.3. For consumers residing in the EU, StubHub says it does not (and is not legally obliged to) take part in alternative dispute resolution unless the law provides otherwise, and mandatory consumer protection provisions of the member state of residence also apply.
Supporting quotations
If you reside in Mexico, you agree that any claim, dispute or matter arising in connection with this User Agreement shall be governed by and construed in accordance with the federal laws of Mexico.
If you are a consumer residing in the European Union, please note that we do not (and are not legally obliged to) participate in any alternative dispute resolution (ADR) procedures or services, unless otherwise provided by law.
the mandatory consumer protection provisions of the law of the member state in which you reside will also apply
You also agree to resolve your disputes with us as specified in clause 23.3.
Qualifications & exceptions
Applies to residents of Mexico and consumers residing in the European Union, not to US users.
Legal Rights & Agreement Rules · Restriction or exception
US and Canada residents: exclusive AAA arbitration, except small claims
If the user resides in the United States or Canada, each side agrees, except where prohibited by law, that any and all disputes or claims relating to this or previous versions of the User Agreement, use of the Site or Services, or tickets or related passes sold or purchased through them are resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The user may assert claims in small claims court if they qualify and the matter remains there on an individual basis. The agreement is to be interpreted broadly, the Federal Arbitration Act governs it, and it does not apply to persons purchasing Tickets for events in British Columbia.
Supporting quotations
If you reside in the United States or Canada, You and us each agree, except where prohibited by law, that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the User Agreement
shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (“Rules”), rather than in court
you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis
This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
Applies to users residing in the United States or Canada; excludes persons purchasing Tickets for events in British Columbia.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is individual only; class, representative and joined claims barred
Except where prohibited by law, each side may bring claims under the Agreement to Arbitrate only on an individual basis and not as a plaintiff or class member in any purported class, representative or private attorney general action. Unless both sides agree, the arbitrator may not consolidate or join more than one person’s or party’s claims or preside over any consolidated, representative, class or private attorney general proceeding.
Supporting quotations
EACH OF US MAY BRING CLAIMS PURSUANT TO THIS AGREEMENT TO ARBITRATE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING
THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator awards relief only to the individual; barred claims go to court
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary for that party’s individual claims. If a court decides applicable law precludes enforcing these limits for a particular request for relief (or the claim, if inseparable), subject to appeal rights, that request or claim must be severed from arbitration and may be brought in court, and all other claims will be arbitrated.
Supporting quotations
THE ARBITRATOR MAY AWARD 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)
must be severed from the arbitration and may be brought in court. All other claims will be arbitrated.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Arbitration is less formal than court, with very limited review of awards
Arbitration is described as less formal than a lawsuit: a neutral arbitrator instead of a judge or jury, and very limited court review of an award. The arbitrator can award the same damages and relief on an individual basis that a court can, and must follow the User Agreement as a court would.
Supporting quotations
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited.
an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Legal Rights & Agreement Rules · Restriction or exception
Arbitrator and court authority clauses contain conflicting language
All issues, including arbitrability, are for the arbitrator, except that the scope or enforceability of the Agreement to Arbitrate or interpretation of its prohibition on class and representative actions and non-individualized relief is for a court. The arbitrator, not a court or agency, has exclusive authority over disputes about the interpretation, applicability, enforceability or formation of the Agreement to Arbitrate or the User Agreement, including claims that they are void or voidable. The adjacent paragraphs conflict on who decides enforceability: one reserves it to courts, while the next gives exclusive authority to the arbitrator. The source does not resolve that conflict.
Supporting quotations
All issues, including arbitrability, are for the arbitrator to decide
except the scope or enforceability of this Agreement to Arbitrate or the interpretation of Section 1 of this Agreement to Arbitrate
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement
including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
All issues, including arbitrability, are for the arbitrator to decide, except the scope or enforceability of this Agreement to Arbitrate or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Not stated here
The source refers to "Section 1" of the Agreement to Arbitrate, while the class waiver appears under heading A; the numbering is not reconciled in the source.
Legal Rights & Agreement Rules · Procedure
Arbitration is run by the AAA under its Consumer Arbitration Rules, in English
The arbitration is conducted by the American Arbitration Association under its Rules as modified by the Agreement to Arbitrate. The Rules are available at www.adr.org or by telephone, and the language of the arbitration is English.
Supporting quotations
The arbitration will be conducted by the AAA under the Rules, as modified by this Agreement to Arbitrate.
The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The language of the arbitration shall be English.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Not stated here
The AAA rules are not part of the supplied source.
Legal Rights & Agreement Rules · Procedure
A certified-mail Notice of Dispute must be sent first, with required information
A party who intends to seek arbitration must first send the other, by certified mail, a completed form Notice of Dispute, which can be downloaded. A Notice to StubHub is sent to StubHub Inc., Attn: Customer Experience Department, in Sandy Springs, Georgia. StubHub sends any Notice to the physical address on file for the account, which the user must keep up to date. All information called for in the Notice must be provided, including the nature and basis of the claims and the relief sought.
Supporting quotations
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute
A Notice to us should be sent to StubHub Inc., Attn: Customer Experience Department, Re: Notice of Dispute, 230 Hammond Drive, Suite G, PO Box #28253, Sandy Springs, GA 30328-9997, United States.
We will send any Notice to you to the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date.
a description of the nature and basis of the claims the party is asserting and the relief sought
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
data: contacts · data: identifiers
Legal Rights & Agreement Rules · Procedure
After 30 days arbitration may begin; local venue; phone option up to $10,000
If the claims in the Notice are not resolved within 30 days after it is sent, either side may initiate AAA arbitration. The initiating party must also mail a copy of the completed form to the opposing party; users may send StubHub a copy c/o CT Corp. in Wilmington, Delaware, and StubHub will send a copy to the account’s physical address. Settlement offers are not disclosed to the arbitrator. The arbitration is held in the county where the user resides or another mutually agreed location. If the relief sought is $10,000 or less, either side may elect telephone or written-submissions-only arbitration, subject to the arbitrator’s discretion to require an in-person hearing, and attendance at in-person hearings may be by telephone unless the arbitrator requires otherwise.
Supporting quotations
If you and us are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or us may initiate arbitration proceedings pursuant to the Rules.
the party initiating the arbitration must mail a copy of the completed form to the opposing party
StubHub, Inc. c/o CT Corp. 1209 Orange Street, Corporation Trust Center, Wilmington, DE 19801
Any settlement offer made by you or us shall not be disclosed to the arbitrator.
The arbitration shall be held in the county in which you reside or at another mutually agreed location.
If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions
In cases where an in-person hearing is held, you and/or us may attend by telephone, unless the arbitrator requires otherwise.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator applies California law; awards are final and binding
The arbitrator decides the substance of all claims under California law, including recognized principles of equity, and honors recognized privileges. The arbitrator is not bound by prior arbitrations involving different users but is bound by prior rulings involving the same user to the extent applicable law requires. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.
Supporting quotations
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving different users of ours, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Legal Rights & Agreement Rules · Procedure
StubHub pays arbitration fees up to $10,000, or if costs are prohibitive
Filing, administration and arbitrator fees are governed by the AAA Rules unless the Agreement to Arbitrate says otherwise. If the relief sought is $10,000 or less, StubHub will pay all of those fees at the user’s request, submitted by mail to the AAA with the Demand for Arbitration. For claims over $10,000, if the user shows that arbitration costs would be prohibitive compared to litigating individually in court, StubHub will pay as much as the arbitrator deems necessary. If the user willfully fails to comply with the Notice of Dispute requirement or the arbitrator finds the claims frivolous, the user agrees to reimburse StubHub for fees it paid on the user’s behalf that the user would otherwise owe under the Rules.
Supporting quotations
Payment of all filing, administration, and arbitrator fees will be governed by the Rules, unless otherwise stated in this Agreement to Arbitrate.
If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration.
If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary
you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the Rules
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
data: payment
Legal Rights & Agreement Rules · Restriction or exception
Invalid arbitration terms are severed; StubHub may void all if the waiver fails
Except for the Prohibition of Class and Representative Actions, if an arbitrator or court finds any part of the Agreement to Arbitrate invalid or unenforceable, the other parts still apply. If the class and representative action prohibition is found invalid or unenforceable, then if StubHub so elects, the entire Agreement to Arbitrate becomes null and void. If a court finds law precludes enforcing the Non-Individualized Relief limits for a particular request or claim, that request or claim is severed and litigated in court, and all other claims, including all claims for monetary damages, are arbitrated.
Supporting quotations
if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply
If an arbitrator or court decides that subsection A.1 of this Agreement to Arbitrate is invalid or unenforceable, then if we so elect, the entirety of this Agreement to Arbitrate shall be null and void.
that request for relief within that claim, or if not separable the claim itself, (and only that request for relief within that claim or, if inseparable, that claim) must be severed from the arbitration and litigated in in court
All other claims and disputes subject to arbitration under this Agreement to Arbitrate, including any and all claims for monetary damages of any kind, shall be arbitrated.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Not stated here
The source says "litigated in in court", a typographical repetition.
Legal Rights & Agreement Rules · User right or choice
Opt out of arbitration by mailing a signed form within 30 days
The user can reject the Agreement to Arbitrate by mailing a written Opt-Out Notice postmarked no later than 30 days after first accepting the User Agreement, or within 30 days of receiving notice that the arbitration provision is being updated or changed. It is mailed to StubHub, Inc., Attn: Litigation Department, in Wilmington, Delaware. A provided form must be completed with name, address, phone number and the email address(es) used to log in to the affected account(s), and signed. This is the only way to opt out. Opting out leaves the rest of the User Agreement in force and does not affect other arbitration agreements with StubHub.
Supporting quotations
You can choose to reject this Agreement to Arbitrate (‘opt out’) by mailing us a written opt-out notice (‘Opt-Out Notice’).
The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the User Agreement for the first time.
You may also opt out no later than 30 days upon receipt of notice that the arbitration provision is being updated or changed.
You must mail the Opt-Out Notice to StubHub, Inc., Attn: Litigation Department, Re: Opt-Out Notice, 1209 Orange Street, Corporation Trust Center, Wilmington, DE 19801.
You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
This procedure is the only way you can opt out of the Agreement to Arbitrate.
If you opt out of the Agreement to Arbitrate, all other parts of the User Agreement will continue to apply.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Arbitration changes need 30 days’ notice and do not affect claims already filed
Any future amendment to the Agreement to Arbitrate (other than a change to a notice address or website link) does not apply to a claim already filed in a legal proceeding before the effective date, and applies to all other disputes. StubHub notifies users by posting the amended terms on www.stubhub.com at least thirty days before the effective date and by email to the address on file. A user who does not agree may close the account within the thirty-day period and will not be bound by the amended terms.
Supporting quotations
if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and us prior to the effective date of the change
We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on https://www.stubhub.com at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us.
If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
If you reside in the United States or Canada, You and us each agree, except where prohibited by law
This section does not apply to persons who purchase Tickets for events in British Columbia.
Qualifications & exceptions
This arbitration section covers US and Canadian residents except where prohibited by law, and excludes persons buying tickets to British Columbia events.
Outside US and Canada: contact Customer Service first; EU consumers get no ADR
Users residing outside the United States or Canada who have a dispute are strongly encouraged to contact Customer Service first. For consumers in the European Union, StubHub says it does not (and is not legally obliged to) take part in ADR procedures or services unless otherwise provided by law.
Supporting quotations
If you reside outside of the United States or Canada and a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service.
if you are a consumer residing in the European Union, please note that we do not (and are not legally obliged to) participate in any ADR procedures or services, unless otherwise provided by law
Qualifications & exceptions
Applies to residents outside the United States and Canada, not to US users.
Legal Rights & Agreement Rules · Context
Mexican residents go to the consumer protection agency and federal courts
Users residing in Mexico are asked to contact StubHub to seek a solution; if none is reached, any dispute may be submitted administratively to the Federal Consumer Protection Agency and, if differences remain, to the competent Federal Courts.
Supporting quotations
If you reside in Mexico, in the event of any dispute, we recommend that you contact us to seek a solution by contacting Customer Service.
any dispute may be submitted administratively to the Federal Consumer Protection Agency, and if differences remain, to the jurisdiction of the competent Federal Courts
Qualifications & exceptions
Applies to residents of Mexico, not to US users.
Legal Rights & Agreement Rules · Restriction or exception
Users release StubHub and related parties from claims over user disputes
To the fullest extent permitted by law, the user releases and covenants not to sue StubHub, its affiliates and their officers, directors, agents, joint venturers, employees, legal representatives and suppliers from all claims, demands and damages of every kind, known and unknown, arising out of or connected with disputes between users. The user expressly waives protections such as California Civil Code § 1542 that would limit the release to claims they know or suspect.
Supporting quotations
you release and covenant not to sue us, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users
you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542)
Legal Rights & Agreement Rules · Restriction or exception
Users indemnify StubHub and related parties for breach, misuse or violations
Users agree to indemnify and hold harmless StubHub and, where applicable, its parent, subsidiaries, affiliates, and their officers, directors, attorneys, agents, employees, licensors and suppliers (the Company Indemnitees) against any claim or demand and all liabilities, costs and expenses, including reasonable attorneys’ fees, resulting from the user’s breach of the User Agreement, improper use of the Site or Services, or violation of any law or third-party rights.
Supporting quotations
You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the "Company Indemnitees") harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees)
resulting from or arising out of your breach of this User Agreement, your improper use of our Site or Services, and/or your violation of any law or the rights of a third party
Legal Rights & Agreement Rules · User right or choice
California residents may report complaints to a state consumer unit
California residents may report complaints, under Cal. Civ. Code §1789.3, to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at an address in Sacramento or by telephone.
Supporting quotations
Applicable to US residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
Qualifications & exceptions
Applies to California residents.
Legal Rights & Agreement Rules · User right or choice
Illinois events: complaints may go to the AAA and Illinois jurisdiction applies
For users selling a Ticket to an event in Illinois, under 815 ILCS 414/1.5(c), Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association under its rules. Such complaints are decided by an independent arbitrator under the User Agreement and incorporated policies, and Buyers and Sellers agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
Supporting quotations
Applicable to events located in the state of Illinois (USA)
pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association
Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement and all incorporated Policies.
Buyers and Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.
Qualifications & exceptions
Applies to events located in the state of Illinois.
The User Agreement and incorporated documents are the entire agreement
The User Agreement and all documents incorporated by reference are the entire agreement between the parties on the subject matter and supersede all prior written or oral agreements. No amendment is valid unless made in accordance with the agreement’s express terms.
Supporting quotations
This User Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto
No amendment, modification or supplement of any provision of this User Agreement will be valid or effective unless made in accordance with the express terms of this User Agreement.
Legal Rights & Agreement Rules · Restriction or exception
If a provision is invalid or unenforceable, the rest remains in effect
If any provision is held invalid or unenforceable under any circumstances, its application in other circumstances and the remaining provisions are not affected.
Supporting quotations
If any provision of this User Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this User Agreement shall not be affected.
Legal Rights & Agreement Rules · Restriction or exception
StubHub may assign the agreement on equal terms; users need written consent
StubHub may assign or transfer its rights and obligations at any time, provided the agreement is assigned on the same terms or terms no less advantageous to the user. The user may not assign or transfer the agreement or its rights or obligations without StubHub’s prior written consent, which it can refuse in its sole discretion.
Supporting quotations
We may assign or transfer our rights and obligations under this User Agreement at any time, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
You may not assign or transfer this User Agreement, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
Legal Rights & Agreement Rules · Restriction or exception
General no-agency and no-third-party-rights clause has express exceptions
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created. A person who is not a party has no right to enforce any term, and nothing confers benefits, rights or remedies on anyone other than the parties and their permitted successors and assigns. Elsewhere the agreement expressly appoints a limited payment-collection agent and grants Apple/Google specified third-party enforcement rights; this general clause must be read with those provisions.
Supporting quotations
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement, your use of the Site, or the provision of our Services.
A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.
Nothing in this User Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.
Payments received from Buyers for Tickets purchased via the Site are processed by us on behalf of the Seller and credited to the Seller in accordance with the Seller Policies. Seller appoints us as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Seller. Seller agrees that any payment made by Buyer to us shall be considered the same as a payment made directly to Seller, and Seller will make the Tickets available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer. Except as otherwise specified in the FanProtect Guarantee, Seller understands that our obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Except as otherwise specified in the FanProtect Guarantee, we guarantee payments to Seller only for such amounts that have been successfully received by us from Buyer, and Seller acknowledges that payments we owe to Seller may be off set against pending payments for Tickets the Seller has sold or will sell in the future. In accepting appointment as the limited payment collection agent of seller, we assume no liability for any acts or omissions of the Seller.
Apple and Apple's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
Google and Google's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
Headings are for reference; listed sections survive termination
Subject headings are for reference only and do not define or limit a paragraph. The following sections survive termination: contracting entity, fees and other charges, taxes, payments, abusing the site and services, content, liability, applicable laws, release and indemnification, additional provisions for US residents and events in the USA, and general provisions.
Supporting quotations
The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
The following sections survive any termination of this User Agreement: Contracting entity, fees and other charges, taxes, payments, abusing our site and services, content, liability, applicable laws, release and indemnification, additional provisions applicable to US residents and events in the USA, general provisions.
Legal Rights & Agreement Rules · Restriction or exception
Failing to act on a breach is not a waiver; no promise to act on every breach
StubHub’s failure to act on a breach by the user or others does not waive its right to act on subsequent or similar breaches, and it does not guarantee action against all breaches.
Supporting quotations
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee we will take action against all breaches of this User Agreement.
Legal Rights & Agreement Rules · Procedure
Legal notices: users by registered mail; StubHub by email, effective in 24 hours
Legal notices to StubHub are served by registered mail to the relevant entity in Clause 2.1. StubHub sends notices to the email address given at registration, deemed given 24 hours after sending unless the address is invalid, or may use registered mail to the registration postal address. Registered mail is deemed received three days after mailing.
Supporting quotations
Legal notices to us shall be served by registered mail to your relevant entity listed in Clause 2.1.
We shall send notices to you by email to the email address you provide to us during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid.
Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
data: contacts
Legal Rights & Agreement Rules · Restriction or exception
Force majeure: StubHub is not liable for events outside its control
StubHub is not in default or liable for inability to perform due to events such as fire, earthquake, flood, epidemic, pandemic, strike, riot, terrorism, cyber-terrorism, war, natural disaster, government orders, or failure of transportation, power or communications systems or other similar causes not under its control. The government-order example excludes orders caused by the company’s own act or omission constituting default.
Supporting quotations
We shall not be in default or otherwise liable under this User Agreement due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic
terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order
any failure or delay of any transportation, power, or communications system or any other or similar cause not under our control (“Force Majeure”)
(which order is not the result of any act or omission which would constitute a default by us hereunder)
Legal Rights & Agreement Rules · Restriction or exception
Image submitters warrant permissions, authorship and non-infringement
Submitters represent and warrant that they have permission of all persons featured (or, for those under 18, are their parent or guardian agreeing for them); that they are the author and the sole owner of the original work (modifying someone else’s image does not count as original); and that the Image does not infringe copyrights or trademarks, defame or invade publicity or privacy rights, or infringe personal or property rights. The Image must not be offensive, lewd, obscene, sexually explicit, pornographic, immoral, disparaging, defamatory, hateful, libelous or unlawful, as determined by StubHub in its sole discretion.
Supporting quotations
By submitting an Image, you represent and warrant that:
You have the permission of all persons featured in the Image to submit the Image to us
if any person appearing in the Image is under 18 years of age, you are the parent or guardian of such person
You are the author of the Image for copyright purposes
The Image is not infringing on any copyrights or trademarks of any person or entity
The Image is not defaming or invading the publicity rights or privacy rights of any person, living or deceased
as determined by us in our sole discretion
The Image is your original work and is exclusively owned by you.
modification of someone else’s image does not count as an original work
data: photos
Legal Rights & Agreement Rules · Restriction or exception
Image submitters must indemnify StubHub and related parties for claims
Submitters agree to defend, hold harmless and indemnify StubHub and its parents, subsidiaries, affiliates, officers, directors, employees, agents, joint ventures, legal representatives and suppliers (the Released Parties) against any and all claims, including alleged or actual infringement of IP, proprietary rights, privacy and publicity rights, moral rights and attribution rights raised by third parties in connection with the Image.
Supporting quotations
you agree to defend, hold harmless and indemnify us and our respective parents, subsidiaries, affiliates, respective officers, directors, employees or agents, joint ventures, legal representatives, and suppliers (collectively, the "Released Parties")
any and all claims, including claims of alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any third parties in connection with the Image
data: photos
Legal Rights & Agreement Rules · Restriction or exception
Released Parties disclaim responsibility for harm or loss from an Image’s use
The Released Parties are not responsible for any injury, losses or damages of any kind resulting from use of the Image, and assume no liability for any error, omission, deletion, defect, theft, destruction or alteration of any Image.
Supporting quotations
The Released Parties are not responsible for any injury, losses, or damages of any kind resulting from the use of the Image.
The Released Parties assume no liability for any error, omission, deletion, defect, theft, destruction, or alteration of any Image.
data: photos
Legal Rights & Agreement Rules · Restriction or exception
Image submitters release Released Parties from privacy and publicity claims
By submitting an Image the user releases and covenants not to sue the Released Parties from all claims, demands and damages of every kind, known and unknown, arising out of or connected with invasion of privacy, defamation, violation of publicity rights or any other cause of action arising out of distribution, copying, display or other use of the Image in any medium. The user expressly waives protections such as California Civil Code § 1542.
Supporting quotations
you release and covenant not to sue the Released Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with invasion of privacy, defamation, violation of rights of publicity or any other cause of action arising out of distribution, copying, display or other use of the Image in any medium
you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542)
to the fullest extent permitted by law
Qualifications & exceptions
The release applies only to the fullest extent permitted by law.
data: photos
Legal Rights & Agreement Rules · Restriction or exception
Image Terms: California law for US and Canada, Swiss law and courts elsewhere
For the Image Submission Terms, users residing in the United States or Canada agree that disputes are governed by California law and are resolved as specified in the User Agreement. Users residing anywhere else agree to Swiss law and the exclusive personal jurisdiction and venue of Swiss courts. EU consumers are told StubHub does not take part in ADR unless the law provides otherwise, and mandatory consumer protection provisions of their member state also apply.
Supporting quotations
If you reside in the United States or Canada, you agree to the maximum extent permissible by applicable law that any claim, dispute or matter arising under or in connection with these Image Submission Terms and Conditions shall be governed and construed according to the laws of the State of California.
If you reside anywhere else in the world, you agree that any claim, dispute or matter arising under or in connection with these Image Submission Terms and Conditions shall be governed and construed according to Swiss law. You consent to the exclusive personal jurisdiction and venue of Swiss courts.
we do not (and are not legally obliged to) participate in any alternative dispute resolution (ADR) procedures or services, unless otherwise provided by law
Qualifications & exceptions
The governing law depends on whether the user resides in the United States or Canada or elsewhere.
Legal Rights & Agreement Rules · Restriction or exception
Image Terms: US and Canada disputes are arbitrated under Clause 22
For users residing in the United States or Canada, except where prohibited by law, all disputes or claims relating to this or previous versions of the Image Submission Terms or User Agreement are arbitrated under Clause 22 of the User Agreement.
Supporting quotations
If you reside in the United States or Canada, you and us agree, except where prohibited by law, that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Image Submission Terms and Conditions or User Agreement will be arbitrated in accordance with Clause 22 of this User Agreement.
Qualifications & exceptions
Applies to users residing in the United States or Canada.
Legal Rights & Agreement Rules · Restriction or exception
Image Terms add their own entire-agreement, assignment and severability clauses
The Image Submission Terms are the entire agreement on their subject matter and supersede prior communications. Invalid provisions are struck and the rest remains in force; legal notices are by registered mail under the User Agreement; no agency or partnership is created and non-parties cannot enforce them. StubHub may assign on the same or no-less-advantageous terms, users may not assign without written consent that can be refused in its sole discretion, and no waiver is effective unless in writing and signed by both parties. The permitted assignment may use the same terms or terms no less advantageous to the user.
Supporting quotations
These Image Submission Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
If any provision of these Image Submission Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from these Image Submission Terms and Conditions and the remaining provisions shall remain in full force and effect.
We may assign or transfer our rights and obligations under these Image Submission Terms and Conditions at any time, provided that we assign these Image Submission Terms and Conditions on the same terms or terms that are no less advantageous to you.
No waiver of any provision of these Image Submission Terms and Conditions shall be effective unless in writing and signed by both parties.
provided that we assign these Image Submission Terms and Conditions on the same terms or terms that are no less advantageous to you.
Legal Rights & Agreement Rules · Procedure
Appendix 1: how to send a Notice of Claimed Infringement for stubhub.com
To report infringement of intellectual property appearing on stubhub.com, a rights holder with a good faith belief of violation can send a Notice of Claimed Infringement to StubHub’s designated agent including a physical or electronic signature, identification of the work and the right at issue, the location of the allegedly infringing material (with the URL where possible), a brief description of how it infringes, the sender’s address, telephone number and email address, a good-faith-belief statement, and a statement under penalty of perjury that the information is accurate and the sender is the owner or authorized.
Supporting quotations
To report infringement of your intellectual property appearing on stubhub.com
If you have a good faith belief that your intellectual property rights have been violated, you can submit a Notice of Claimed Infringement to StubHub’s designated agent with the following information
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification or description of the copyrighted work or other intellectual property you claim has been infringed
Identification or description of where the material that you claim is infringing is located, with enough detail that we may find it on the Site including, whenever possible, the URL
Your address, telephone number, and email address
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf
Brief description of how the challenged content infringes the owner’s intellectual property rights
Designated agent contact details; other domains report through Customer Service
StubHub’s designated agent can be contacted by mail at CT Corp. in Wilmington, Delaware, by email at privacyrequest@orders.viagogo.com, or by phone. To report infringement of intellectual property appearing on any other domain, the user contacts Customer Service with their name, contact details and sufficient details for StubHub to review the complaint.
Supporting quotations
Our designated agent can be contacted as follows: by mail to our Designated Agent, CT Corp., 1209 Orange Street, Corporation Trust Center, Wilmington, DE 19801; by email to privacyrequest@orders.viagogo.com; or by phone at 1.855.420.3571.
To report infringement of your intellectual property appearing on any other domain
Contact Customer Service and provide your name, contact details and sufficient details to enable us to review your complaint.