Last Updated and Effective Date - September 28th 2018
1. Your Consent to these Terms, and How these Terms may be Amended
You are currently using "Account Manager" features and functionalities, including advanced ticketing transaction technologies and services (such features, functionalities, technologies and services are collectively referred to as the "Advanced Services"). Some of the Advanced Services are provided by Maple Leaf Sports & Entertainment Partnership (“MLSE”) and some of the Advanced Services are provided by Ticketmaster L.L.C. ("Ticketmaster") as set forth herein. The following are the "Terms" that govern your use of the Advanced Services. While using the Advanced Services you may see links that, when clicked on, will take you to Internet sites that are not part of the Advanced Services. Please review the terms of use appearing with those sites and services, as those terms will govern those sites and services and not these Terms. In addition, if you elect to use the Ticketmaster ticket resale marketplace and services (the "Secondary Marketplace"), you will be bound by any additional terms and conditions (the “Secondary Marketplace Terms of Use”) specified on the Secondary Marketplace website (the "Secondary Website"). If there is a conflict between these Terms and any other terms, then these Terms shall govern.
By using the Advanced Services, you expressly agree to be bound by and comply with these Terms, all applicable laws and regulations, and any additional non-conflicting terms or conditions on which you have or will agree with MLSE and Ticketmaster. These Terms shall constitute a valid, binding and enforceable legal agreement among you, MLSE and Ticketmaster. There shall be no oral or implied agreement between you and Ticketmaster, you and MLSE, or you, Ticketmaster and MLSE that shall be binding or enforceable, and all parties agree not to claim that there is.
MLSE and Ticketmaster reserve the right to change these Terms at any time, by posting a link to, or posting, the new Terms where the Advanced Services are provided. Such change shall be effective with respect to you commencing the first time that you visit this website or otherwise use the Advanced Services after such changed Terms have been posted. Please review the Terms periodically to see whether they have changed.
2. Special Terms Applicable to Specific Advanced Services
All of these Terms shall apply to the use of each of the Advanced Services. However, also included in these Terms under the heading "Additional Terms Governing Specific Advanced Services" are additional provisions that also govern your use of certain of the Advanced Services.
The purchase of Season Ticket Membership packages is subject Membership Terms and Conditions and in some instances, to the terms and conditions of a Personal Seat License and/or associated Club Agreements. If you are currently completing a transaction for the purchase of a Season Ticket Membership package, you confirm that you have carefully read, understand and agree to all of the terms and conditions contained in the Membership Terms and Conditions, the Personal Seat License and/or associated Club Agreements as applicable.
Please note that MLSE reserves the right to restrict or limit sales of additional tickets or Season Ticket Membership packages to commercial resellers . In the event of a contravention of the foregoing restriction or limitation, as determined by MLSE in its sole discretion, MLSE reserves the right to restrict or cancel purchases and, in such a situation, MLSE will refund any payments made via the original payment method.
Please also note that MLSE reserves the right to restrict or limit the number of tickets purchased by any individual, company or household and you should not attempt to directly or indirectly circumvent any of these limitations. In the event MLSE determines, in its sole discretion, that a purchase has been made in contravention of the foregoing MLSE reserves the right to cancel all associated purchases made by you and, in such a situation, will refund any payments made via the original payment method.
3. Violations of the Terms
If you violate the Terms, you may be prohibited from using the Advanced Services now or in the future, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, an "Activity"), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and appropriate legal actions may be taken against you.
4. Registration; User Names and Passwords
You may need to register with the Advanced Services, or receive a username and password, to use certain of the Advanced Services. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all Activities that occur under your username and password, regardless of whether undertaken by you or undertaken by someone who has received your username and password. If the Advanced Services are unable to verify or authenticate any information you provide during any Activity, you may be prohibited from using the Advanced Services.
5. Responsibility for Allowing Others Access to Tickets and Email Transmission Errors
Many of the Advanced Services use mobile applications and website downloads to deliver electronic tickets which can be saved and forwarded to others electronically. Be aware that in the event unauthorized or fraudulent copies are created, only the first copy that is presented and scanned for admission at a venue will in fact be valid for admission; once that scanning occurs, all other copies of that ticket will no longer be valid for entry. Accordingly, you agree to be solely responsible for safeguarding all tickets (and all pass codes, Internet addresses, emails and other places and means where tickets can be obtained) with great care, and you agree that if a ticket, or any portion of a ticket, is shared, displayed, posted, transferred, copied or forwarded to another person, or another person is given access to a ticket, neither MLSE or Ticketmaster nor anyone else will have any liability or responsibility for any copies of the ticket not being valid for admission due to the previous admission scanning of another copy of the same ticket. Similarly, you agree that you will be solely responsible for distribution errors caused by you providing an inaccurate mailing address or email address, for lost, stolen, damaged or destroyed tickets, and for lost, stolen, deleted, improperly addressed, forwarded or misdirected emails linking to Internet sites (or pass codes or Internet addresses) where tickets are accessible.
6. Authorization to Cancel a Ticket
By instructing the Advanced Services to forward, distribute, transfer or sell a ticket, you authorize Ticketmaster and MLSE to issue to the recipient a valid ticket and to cancel and invalidate your ticket for the same seat at the same event (e.g. physical commemorative tickets or an existing digital ticket). You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use, or take any action that directly or indirectly allows to be cancelled or invalidated, any sold, conveyed, forwarded, otherwise distributed or otherwise cancelled or invalidated ticket. You further agree not to sell, convey or transfer any ticket which has been invalidated by way of the forgoing.
7. ticketFast™
Some Advanced Services use ticketFast™. To read more about how ticketFast™ works, and hardware and software requirements for the recipient to read and print ticketFast™ tickets, click here.
8. Cancelled or Postponed Events
Occasionally, events are cancelled or postponed due to weather conditions or other situations affecting the venue, city, performers, players, other personnel or staff or the audience. Please review the Additional Terms Governing Specific Advanced Services below for provisions applicable to cancelled or postponed events.
9. Title; Role of MLSE and Ticketmaster
This paragraph is subject to those parts of these Terms applicable to refunds and credits for cancelled or postponed events. All rights and obligations with respect to a ticket pass upon completion of a group ticket distribution (unless properly cancelled through the method described below), forward, purchase or sale transaction. For purposes hereof, "completion" shall occur (a) for a group ticket distribution transaction if the recipient pays for the ticket then upon the payment for a group ticket by the recipient, or instead of the group manager pays for the ticket then upon the use of the ticket to enter an event (or if not presented to enter an event, then upon the ticket's event start time), (b) for a season ticket forwarding transaction when the Advanced Services send (and before the recipient receives) the forwarded ticket, and (c) for a purchase or sale transaction when the ticket is posted to the Secondary Marketplace from “Account Manager” and a purchaser agrees to purchase such ticket through the Secondary Marketplace. Throughout these processes, neither MLSE, nor Ticketmaster, will ever take title to the ticket. Title will pass directly from the group manager to the ticket recipient in the case of a group ticket distribution (unless the recipient, and not the group manager, is the purchaser of the ticket, in which case title will pass directly from MLSE to the recipient, because the group manager will never have had title), directly from the ticket forwarder to the person to whom the forwarder has forwarded the ticket in the case of season ticket forwarding, and directly from the seller to the purchaser in the case of a sale transaction. Further, neither MLSE nor Ticketmaster is the agent of any other party.
10. User Obligations
In exchange for your use of the Advanced Services, you agree: (a) to provide MLSE and Ticketmaster with current, complete and accurate information about yourself ("Registration Data"), (b) to maintain and update your Registration Data as necessary to ensure that it remains current, complete and accurate; (c) not to use the Advanced Services for any illegal purpose; (d) not to impersonate any person or entity; (e) not to interfere with or disrupt networks connected to the Advanced Services or violate the regulations, policies or procedures of such networks; (f) not to attempt to gain unauthorized access to the Advanced Services, other accounts, computer systems or networks connected to the Advanced Services, through password mining or any other means; (g) not to engage in any other conduct which, in MLSE’s or Ticketmaster's sole discretion, is considered unauthorized or objectionable; and (h) not to use the Advanced Services in connection with any commercial endeavors other than to the extent permitted by MLSE or Ticketmaster.
11. Service Modifications
MLSE and Ticketmaster reserve the right, in each of their sole discretion, to modify, suspend or discontinue any part of the Advanced Services at any time, with or without notice to you. MLSE and Ticketmaster also reserve the right, in each of their sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Advanced Services without notice to you. Neither MLSE or Ticketmaster shall be liable to you or any third party for any claim or cause of action arising out of the respective parties' exercise of the foregoing rights.
12. Service Outages
Neither MLSE nor Ticketmaster warrants or represents that the Advanced Services will always function or be error-free. Neither MLSE nor Ticketmaster assumes any liability or responsibility for errors or omissions in the Advanced Services or for problems with its functioning. Your access to and use of the Advanced Services is at your own risk.
13. Privacy Policy
The information you provide to the Advanced Services shall be collected, used and disclosed in accordance with the Privacy Policies applicable to the Advanced Services. Websites linked to the Advanced Services that are not part of the Advanced Services are not subject to such Privacy Policy and you should refer to those sites' own privacy policies to learn how they collect, use and disclose information about you.
14. Disclaimer; Limitation of Liability
Ticketmaster, MLSE, the National Hockey League, American Hockey League, National Basketball Association, NBA G League, Major League Soccer, United Soccer League, Canadian Football League, and each of their subsidiaries, affiliated entities and member clubs and their respective governors, directors, officers and employees, their respective affiliates, successors, assignees and licensees, and each of the foregoing's respective officer, directors, employees and contractors (all such persons, the "Released Parties") do not make any guarantee that any tickets posted will be purchased through the Secondary Marketplace, or that any tickets forwarded or distributed will be accepted by the intended recipient. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSES' ACCESS TO, USE OF OR INABILITY TO USE THE ADVANCED SERVICES, THE SECONDARY MARKETPLACE, ANY INFORMATION PROVIDED ON THE ADVANCED SERVICES OR SECONDARY MARKETPLACE OR ANY TRANSACTIONS OR OTHER ACTIVITIES ENTERED INTO THROUGH THE ADVANCED SERVICES OR SECONDARY MARKETPLACE (EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE RELEASED PARTIES' AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE RELEASED PARTIES THROUGH THE USE OF THE ADVANCED SERVICES. WITHOUT LIMITING THE FOREGOING, THE ADVANCED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No information, whether oral or written, obtained by you from any Released Party shall create any warranty not expressly made in these Terms. No Released Party shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Advanced Services, the Secondary Marketplace, MLSE websites, team websites or the Secondary Website or your downloading of any material or information from, or referred to by, the Advanced Services, the Secondary Marketplace, MLSE websites or the Secondary Website.
15. Indemnification
You agree to indemnify and hold Ticketmaster, MLSE and the other Released Parties harmless from and against any third-party claim or demand, including reasonable attorneys' fees, arising out of your (or that of another party who uses your computer equipment, pass codes or user names) use of the Advanced Services and the Secondary Marketplace, violation of these Terms or infringement of any intellectual property or other right of any person or entity.
16. Termination; Suspension
MLSE may, in its sole discretion, and Ticketmaster may, if authorized by MLSE, immediately terminate, suspend or restrict your right to use the Advanced Services at any time with or without cause, including without limitation if either finds that you have failed to comply with any provision of these Terms or if either believes, in its sole discretion, that you have in any way abused your right to use the Advanced Services or the Secondary Marketplace. Neither MLSE not Ticketmaster shall be liable to you or to any third party for any claim or cause of action arising out of such termination, restriction or suspension.
17. Miscellaneous; Disputes; Consent to Binding Arbitration in California
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
In the event of a dispute, you (as a user of the Advanced Services), Ticketmaster and MLSE each agree that the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be held in Toronto. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties. To commence such a proceeding, please send a letter describing the dispute to [Live Nation Entertainment, Inc., 1 Blue Jays Way, Gate 3, Level 100, Toronto, ON M5V 1J3,] Attn: Legal, and to Legal Department, Maple Leaf Sports & Entertainment, 50 Bay Street, Suite 500, Toronto Ontario. Ticketmaster's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ticketmaster in writing. MLSE's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MLSE in writing. If a provision of these Terms is void or invalid under, or contravenes an, applicable law, then such provision shall be amended to the extent necessary to restore these Terms' validity, effect and compliance therewith. MLSE and Ticketmaster shall not be jointly or severally liable for each other's actions or omissions. You will not hold Ticketmaster liable for any of the MLSE's acts or omissions and you will not hold MLSE liable for any of Ticketmaster's acts or omissions.
18. Additional Terms Governing Specific Advanced Services
The below includes additional terms that are (in addition to the Terms above) applicable to specific Advanced Services, and, together with the above, constitute these "Terms."
19. Group Tickets
The Group Manager service allows a group manager to distribute group tickets by having the Advanced Services send emails to recipients that the group manager designates, and having those recipients click on links in the emails to visit a website where they may retrieve the tickets through the use Account Manager electronic delivery system. Each recipient will be responsible for downloading and presenting a mobile ticket, or printing out and using the tickets, as applicable. In some cases, the group manager will pay for the tickets. In other cases, the recipients will pay for the tickets. The group manager may be given a choice between these two options, or only one option will be offered to the group manager. If the group manager pays for a ticket, then the group manager is responsible for all facets of distribution. If the recipient pays (i.e., the group manager does not pay) for a ticket, then the ticket will be released directly to the recipient once the recipient pays for a ticket.
Before instructing the Advanced Services to purchase a group ticket, the purchaser should carefully review all purchase selections. The purchaser will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law.
If an event for which a group ticket is distributed via the Advanced Services is cancelled or postponed, please contact MLSE directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.
20. Ticket Forwarding
The ticket forwarding service allows you to forward your tickets for a game or event to an email address that you specify, through the use Account Manager’s electronic delivery system. The recipient will then be responsible for registering for the appropriate application and downloading the applicable tickets. Once you have instructed the Advanced Services to forward a season ticket for a game or event, and the recipient has accepted it, you will not be able to recall that ticket. You therefore agree to carefully review both the ticket information and the recipient information you have provided during the ticket forwarding process before instructing the Advanced Services to forward a ticket.
Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees, if any, as disclosed to you by MLSE or the Advanced Services. You may be required to provide the Advanced Services with your credit card number and other information to pay such fees, which will be processed or collected by MLSE or Ticketmaster. Such fees are not refundable under any circumstances.
If MLSE offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on the applicable MLSE websites. You should not assume that you will receive a tax deduction for forwarding tickets to a charity, or any documents that can be used to support a tax deduction.
If an event for which a ticket is forwarded via the Advanced Services is cancelled or postponed, please contact MLSE directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.
21. Posting Tickets for Sale
If you use the Advanced Services to post a ticket for sale on the Secondary Marketplace, you will be the ticket seller and neither MLSE nor Ticketmaster are parties to such transaction. The sole purpose of MLSE and Ticketmaster under these circumstances is to provide certain services and technology to facilitate the sale of your tickets through your use of the Advanced Services.
Before posting a ticket for sale on the Secondary Marketplace from Account Manager, please consult the applicable pages of the Secondary Website through which you will be posting your ticket for sale (including the Secondary Marketplace Terms of Use), which detail the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been posted on the Secondary Marketplace from Account Manager and a purchaser has elected to purchase that ticket, you will not be able to modify or cancel your posting of that ticket, or to reverse that ticket's sale, since title to that ticket passes to the purchaser upon such purchaser's agreement to purchase a ticket from the Secondary Marketplace. Ticketmaster will collect funds from the purchaser and Ticketmaster will transmit to you a credit or payment as described in the Secondary Marketplace Terms of Use.
By posting a ticket on the Secondary Marketplace from Account Manager using the Advanced Services, you authorize Ticketmaster or MLSE, as applicable, upon completion of the sale, to invalidate the barcode imprinted on that ticket and cancel your right to use or convey the ticket. You acknowledge that once you post a ticket for sale on the Secondary Marketplace from Account Manager, such ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who purchases that ticket on the Secondary Marketplace (or any person lawfully receiving the ticket from such acquirer) and you authorize Ticketmaster or MLSE, as applicable, to issue a new ticket to the purchaser with a replacement barcode. Ticketmaster will be responsible for all payments to you in connection with any sales, you will solely hold Ticketmaster responsible for such payment and neither MLSE nor any other person or organization will be liable therefore. If a ticket posted on the Secondary Market does not sell, or is canceled or withdrawn by you prior to sale, then MLSE or Ticketmaster, as applicable, may return or re-issue such ticket to you with the original barcode or a new barcode, at MLSE or Ticketmaster’s sole discretion.
You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale on Secondary Marketplace from Account Manager, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another. Any attempt to use any invalidated ticket or any unauthorized duplication of a valid ticket may result in your loss of eligibility to use the Advanced Services and the revocation of your Season Ticket Member account. You may be held responsible in the event any such attempts are associated with your Season Ticket Membership account.
If an event for which you sell a ticket on the Secondary Marketplace from Account Manager is cancelled after you have sold such ticket, Ticketmaster will issue a refund to a buyer in accordance with Secondary Marketplace Terms of Use.
22. Ticket Purchasing
The Secondary Marketplace offers you the ability to purchase tickets from individuals and businesses that hold tickets purchased from MLSE. These individuals and businesses are the sellers of the tickets, not MLSE or Ticketmaster. Neither Ticketmaster nor MLSE is the seller of any ticket you purchase through the Secondary Marketplace. Once you have made your election to purchase a ticket via the Secondary Marketplace, you are obligated to complete the transaction with the seller unless the transaction is prohibited by law or any applicable terms of use. Any failure by you to pay for any ticket purchased through the Secondary Marketplace may result in your permanent disqualification from further use of the Secondary Marketplace, the Secondary Website or any of the Advanced Services.
After you have purchased the tickets, they will be sent to you using the Account Manager electronic delivery system. You will be responsible for downloading and using the tickets. Once you have instructed the Advanced Services to transfer a ticket, you will not be able to recall it.
Please note that any and all fees assessed on a ticket purchase above the listed ticket price on the Secondary Marketplace are at the discretion of Ticketmaster and subject to change without notice. Neither MLSE nor Ticketmaster is acting as an agent for either the buyer or the seller.
If an event for which you have purchased a ticket through the Secondary Marketplace is postponed, Ticketmaster will issue you a refund in accordance with the Secondary Marketplace Terms of Use. Please refer to the Secondary Marketplace Terms of Use to find out if you are eligible to receive a refund.
If an event for which you have purchased a ticket through the Secondary Marketplace is rescheduled, the ticket that you purchased will remain valid and use of such ticket will be subject to those policies applicable to event ticket holders generally, as MLSE and Ticketmaster may amend such policies from time to time. You are not entitled to a refund or to otherwise retract your purchase of any ticket because the event was rescheduled and it is your responsibility to verify any changes to the information associated with a ticket, including the date and time of the event.
23. Season Ticket Purchases; Suite Additionals; Rights of Refusal; Other Purchases and Services
The Advanced Services may be used in many cases to allow you to purchase or renew season tickets, register for season ticket waiting lists, to purchase rights of refusal for post season games or other game or event tickets, to purchase "suite additionals", to purchase concessions or parking, or to engage in other activities. If you elect to engage in any such transaction, then provisions additional to these Terms may apply. You will be notified of additional terms, if any, at the time you elect to engage in any such transaction.
24. Season Ticket Plan Purchases
The Advanced Services may offer you the ability to purchase season tickets, subject to availability, from MLSE. Once you have made your election to purchase inventory via the Advanced Services, your credit card will be charged in accordance with the payment plan you have chosen and all applicable fees described on the purchase page. Before instructing the Advanced Services to purchase a season ticket plan, carefully review your selection. Unless otherwise specified, amounts charged are non-refundable.