Terms & Conditions
SXC Live provides a marketplace for the buying and selling of event tickets for use by buyers and seller of such tickets, as well as other users of the Services (“you”, “User” or "Users"). Users do hereby represent, understand and expressly agree that SXC Live does not have control over the quality, timing, legality or any other aspect whatsoever of the actions or statements of any Users. All Users do hereby expressly agree not to hold SXC Live (or SXC Live’s members, managers, directors, agents, assigns, representatives, advertisers or employees) liable for any claims relating to or resulting from any products or services which originated through or is otherwise relating to any content posted on or through the Services or any relationships or other contact initiated through use of the Services and SXC Live expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
The Services are intended for individual Users only. Registration by a business or for any commercial purposes is strictly prohibited. By using the Services you acknowledge that you are legally able to enter into a binding contract with SXC Live and other users of the Service.
At any given time, the Services may contain profiles, email systems, blogs, message boards, applications, ticket sale postings, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Services by any User that SXC Live finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use the Services. SXC Live reserves the right to revoke or suspend the privilege of any User to use the Services at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful video, audio, topic, name, material or information.
Use the Services for any purpose which is in violation of local, state, national, or international law.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, corrupted files, or any other similar software or services that may damage the operation of another's computer.
Advertise or offer to sell any goods or services in a manner that is false, deceptive or misleading or constitutes “bait and switch.”
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Services.
Restrict or inhibit any other User from using and enjoying the Public Areas.
All videos, messages, files, photos, sounds and other materials posted by a User are the sole responsibility of such User. SXC Live is not responsible for any content made available through the Services. Users may be exposed to offensive, indecent, inaccurate, misleading, or otherwise objectionable material in using the Services. Each User bears all risk associated with the use of such content. SXC Live does not pre-screen or approve any content provided by Users yet retains the right (but not the obligation) to remove any content from the Services.
Links and Account Information
All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for
all use of their account. SXC Live has no control over the use of any User's account and expressly
disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may
be using their account, User does hereby agree to contact SXC Live immediately. Links (such as
hyperlinks) from SXC Live to other sites on the Web do not constitute the endorsement by SXC Live
of those sites or their content. User acknowledges that these links are provided as an information
service, for reference and convenience only. It is the responsibility of the User to evaluate the
content and usefulness of the information obtained from other sites. User acknowledges that SXC
Live does not control such websites, and is not responsible for their content, and that the existence
of such links made available as part of the Services to such websites (including without limitation
external websites that are framed by the Services as well as any advertisements displayed in
connection therewith) does not mean that SXC Live endorses any of the material on such websites,
or has any association with their operators. Users further acknowledge that use of any website
controlled, owned or operated by third parties is governed by the terms and conditions of use for
accesses such third-party websites at User's own risk. SXC Live expressly disclaims any liability
derived from the use and/or viewing of any websites or other material associated with links that may
appear on the Services. All Users do hereby agree to hold SXC Live harmless from any liability that
may result from the use of links that may appear on the Services.
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid
aspects of the Services, you agree to the pricing and payment terms, as we may update them from
time to time. If you pay by credit/debit card you agree not to file a card chargeback with regard to the
purchase without first corresponding with us about the details of your dispute and allowing us
reasonable time to investigate and respond to your dispute. In the event that you file a chargeback,
upon a resolution in our favor, you agree to reimburse us for any costs incurred in researching and
responding to such chargeback, including our actual costs paid to the card processor or our banks,
other third parties, and the reasonable value of the time of our employees spent on the matter. In the
event that a chargeback is placed on a transaction, we also reserve the right to report the incident
for inclusion in the chargeback abuser databases.
You agree to pay all applicable taxes or charges imposed by any government entity in connection
with your use of the Services. If you dispute any payment made hereunder, you must notify us within
thirty (30) days of the earlier of: (i) receipt of such payment; or (ii) when such payment would have
been due to you hereunder. Otherwise, you agree to waive any claim you may otherwise have with
respect to such dispute. Notwithstanding anything to the contrary provided herein, we may withhold
any taxes or other amounts from payments due to you as required by law.
The Services are intended for people 18 or older. We have also made an effort to specifically limit
the Service’s appeal to people of age 18 or older. SXC Live will not knowingly collect any information
from children under the age of 13. You must acknowledge that you are over 13 years old and accept
Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and
procedures are designed to maintain strict compliance with the Rules and Regulations set forth
thereunder. That being said, SXC Live does not assume any responsibility for any
misrepresentations regarding the age of any User made in connection with any User's registration
for or use of the Services. We reserve our right to terminate without notice the membership of any
User if we believe that the User has provided any false information to us when registering for or
using the Services.
Specific Terms and Conditions
SXC Live may charge fees for selling and/or buying Tickets through the Services and/or otherwise
using the Services, as well as delivery or fulfilment fees (collectively referred to as "Service Fees"
and sometimes referred to as “Convenience Fee”). Service Fees may vary depending on event type,
Ticket type and location. SXC Live may in its sole and absolute discretion change its Service Fees at
any time, including after you list your Tickets. Any applicable Service Fees including any taxes if
applicable will be disclosed to you prior to listing or buying a Ticket. SXC Live may charge and/or
retain Service Fees if you do not fulfil your contractual obligations under this User Agreement.
The Service Fee charged by SXC Live for buying, selling, exchanging, or cost-sharing of tickets on the Service is set forth below. The Service Fee, if any, are only charged as part of a completed transaction (e.g. Service Fee not charged for listing ticket for sale). Any additional transactional fees (e.g., card processing fees, digitization fees, or verification fees) are paid to third parties and are charged as disclosed on the Service. All credit card processing fees shall be paid by the User.
SXC Live Service Fees for Ticket Transactions (Buy, Sell)
Price per Ticket Service Fee (per ticket)
$1.00 - $5.00 $1.00
$5.01 - $20.00 $2.00
$20.01 - $35.00 $3.00
$35.01 - $50.00 $4.00
$50.01 - $100.00 $5.00
$100.01 - $150.00 $7.00
$150.01 - $300.00 $10.00
$300.01 - $500.00 $15.00
SXC Live Service Fees for Ticket Exchange Transactions
A $5.00 per ticket flat Service Fee will be charged to each user that completes an exchange transaction. E.g. User A exchanges two tickets with User B, then each User will be charged $10.00.
SXC Live Service Fees for Cost-Share Transactions
Cost-Share Transactions are not charged a Service Fee but other third-party fees, such as card-processing fees may apply.
Digitized tickets shall incur a fee of $1.00 per ticket (however, the first 5 are free).
Managed Account Fee: Stripe will charge the Seller a 0.5% managed account fee.
Listing of Tickets
Each Seller who lists tickets with the Services, hereby represents and warrants that each ticket is:
- Owned by the Seller and is valid and authentic;
Available for sale without restriction;
Within the possession and control of the Seller;
Not in the name of a minor;
Not otherwise reserved for use only by a specific subset of the public, e.g., students, children, the disabled, etc.
When listing a ticket for sale, the Seller must accurately and truthfully provide the following information:
Name, Date, and Venue of the event;
Section and Row for each ticket;
All restricting or additional information about the location of the seats represented by the tickets, including without limitation, “piggyback” seats, non-alcoholic or “family” sections, limited or obstructed views, and limited or restricted access to venue amenities.
Tickets may be uploaded in one of two ways:
Uploading of a PDF ticket through the Service (Seller must upload the tickets to the Services using the instruction provided); or
Uploading of a “hard ticket” through digitization (see digitization fees above)
You must set a price for all listings that is indicative of the amount which you will sell the ticket to the buyer. This price must be included in the information provided to the Service. You may change this price prior to the submission of an order, but you may not change this price after the ticket has been sold. You are responsible for any and all listing and pricing mistakes. SXC Live shall not be liable for mistakes in the pricing of tickets.
By listing a ticket for sale on the Service, you are making a binding offer to sell that ticket to a Buyer who purchases the ticket. You can remove any listing before the ticket(s) are sold, but not after. If you deliver an invalid or counterfeit tickets for any sale, you will be subject to a replacement fee, other charges, and/or account suspension.
Listing On Multiple Sites or Services
If you choose to list your tickets on the Service and on other ticket-selling sites or services, and such tickets are sold through such other sites or services, you are obligated to immediately remove the tickets from the Service. If the tickets sell on such other sites or services and on the Service, you are solely responsible for filling the order on the Service with comparable or better tickets.
No Guarantee; Service Fee Non-Refundable
We cannot and shall not guarantee that your tickets will be purchased through the Service and shall not be liable for any reason for the failure of tickets to be purchased, whether due to Service unavailability or otherwise.All Service Fees associated with the posting and sale of tickets are non-
SXC Live releases payment 48 hours after the applicable event has started, assuming you have a valid account with SXC Live and there are no disputes regarding payment. It may take 3-5 business days thereafter for payment to appear in your account. In the event of any reported issues regarding the ticket, we will investigate same and reserve the right to withhold payment for up to 90 days while we investigate, suspend your account and/or remove previous credits from your account in the event of any actionable claims.
Cancelled Events and Playoff Events
If you sold tickets to a cancelled event or a playoff game that's not held, you will not be paid for such sales and amounts paid shall be reimbursed to the Buyer.
A 'Postponed Event' is an event where the time or date has changed because it was rescheduled by the team, venue, or artist. We evaluate Postponed Events on a case-by-case basis to determine the appropriate course of action. We may treat this as a Cancelled Event and return the tickets to you.
SXC Live does not collect sales tax. Sellers are responsible for collecting and remitting any and all applicable taxes in connection with ticket sales.
You are responsible for reading the complete listing before making a commitment to buy tickets.
Buyers enter into a binding contract to purchase from the Seller when placing an order. Payment is
remitted to SXC Live and paid to the Seller, less Service Fees, pursuant to our Payment Policy. All
sales are final and all Service Fees are non-refundable. Except for cancelled events, you will not
cannot change or cancel any orders after the sale is complete. There are no refunds for cancellation
of your account.
If we are unable to provide you with the tickets you ordered due to an error by a Seller, and we are
unable to find a comparable replacement, our sole obligation to you shall be a refund of payment of
the purchase price of the ticket (exclusive of Service Fees).
Each Buyer must rate the Seller. Ratings of 3 (out of 5) will require a review of the Seller. Otherwise,
reviews of Sellers are optional.
SXC Live will refund the partial or full purchase price of a ticket or replace your ticket if the ticket is not the same or better than those you ordered, as determined by SXC Live in its sole good faith discretion. If you have attended the event and you believe your seats were different from how they were represented on the Service or the venue will not honor tickets purchased through the Services, contact us at complaint@seatXchange.com. You agree to provide such information as requested by SXC Live in reviewing your request.
If the event is cancelled and will not occur at a later date, we will provide you with a refund for the
cost of the tickets (exclusive of Service Fees). If an event is rescheduled you may use the tickets on
the rescheduled date.
You are solely responsible for your dealing and interactions with other Users. While we reserve the right, without obligation, to monitor disputes between you and other Users, we shall have no liability for your interactions with other Users, or for the actions or inactions of any Users. In the event SC Live determines to monitor or engage in a dispute between you and another User, you agree to provide such information as requested by SXC Live with respect thereto.
From time to time, the Service may offer additional options for ticket buyers and seller, including:
- Enables multiple parties to buy a group of tickets from a single Seller through the Service.
Buyers can send selected ticket to their connections on the Service and receive back the pro-rata cost of the tickets.
If the person receiving the ticket accepts the Cost-Share, the Seller will lose access to the tickets on the Service (but will receive the pro-rata purchase price).
- Cannot be reversed once accepted.
To be eligible for Cost-Share, tickets must be purchased through the Service.
Cost-Share shall be subject to the Service Fees set forth above.
- User may transfer tickets with a connection on the Service.
- Transfer is immediate and the User loses access to the ticket once transferred.
- Transfers cannot be reversed or canceled once complete.
- User can email tickets to themselves or to other emails without losing access to the tickets.
You email at your own risk – email recipients will be able to use the tickets you send them.
Available at select events.
Enables a User to exchange seats at an event with another User.
Users can pay or get paid to exchange seats.
If you list an option to get paid, you must verify that the amount you will received does not exceed the Face Value of the ticket. Face Value means the purchase price of a ticket that can include standard fees incurred during original purchase (not broker fees) and potential shipping).
Each side of an Exchange must confirm and rate the transaction before the seats can be exchanged again or the Services can be used further
Some venues require printed tickets. With each Exchange, a chat box is available if you need to communicate with the other User to arrange and exchange of tickets.
If you have any dispute regarding an Exchange, before you conform or rate the Exchange, please select the menu item in the “Support” section of the Service or call us and we may be able to reverse the Exchange.
Both parties to an Exchange must rate the other. Rating of 3 (out of 5) or below require a review.
Exchange transactions shall be subject to the Service Fees set forth above.
Use of Banking Credentials to Verify Accounts
SXC Live requires a one-time Identity Verification to be completed before a User completes their first purchase transaction over $100.00 or before listing of any tickets (e.g. sale or exchange) with the Service.
SXC Live uses your bank credentials to authorize and transact payment using the Service (See Billing Policy below) and to authenticate your identity as a User of the Service. All User banking credentials are shared with an integrated, trusted third-party, Plaid Technologies, Inc. (“Plaid”) to facilitate instant account verification. This information is not sent to or stored by SXC Live. Plaid’s service may store the provided credentials for verification purposes or use them on a per-transaction basis for fraud prevention, and to help verify a sufficient balance is available to process your transaction. Verification through Plaid requires a fee of $1.50 (which is collected by SXC Live and paid in full to Plaid).
You may change your online banking password at any time after instant verification. You may use a temporary password without losing access to the Service using the verified bank account.
If you do not want to verify through Plaid, you may also verify your account by at no charge by emailing verification@seatXchange.com with your SXC Live user name, call back number, state issued photo ID, picture of credit card intending to use, and a link to your Facebook or LinkedIn Account. Please note this alternate verification method may take 7 to 10 business days to complete.
SXC Live reserves the right to require Verification or further Verification at its discretion on a case-by-case basis.
Users may be offered the ability to earn credits towards future purchases through the Service when they invite others to become Users. Users may only earn credits through qualified credit referral programs as may be expressly provided by SXC Live from time to time. Such referral credits are non-transferable and may not auctioned, bartered or sold, may not be pooled with other Users, and expire six (6) months after issuance. You will only receive a referral credit for the first qualifying purchase made by each referred User who makes his or her first purchase on the Service as a result of a qualifying invite from you.
The referral credit program is void where prohibited by law.
In the event that you have a dispute with one or more Users, you hereby forever release and hold SXC Live (and our officers, managers, directors, members, agents, investors, subsidiaries, and employees) harmless from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users
Users are responsible for providing accurate, timely and complete information to SXC Live in connection with their registration for and use of the Services. SXC Live is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant SXC Live an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas.
Integration with NewAer
In order to enhance your experience and to better connect with other Users, the Services integrate with NewAer
, as it may be revised or amended from time to time.
Use of iTunes Store
The following applies to use of the iTunes Store to download the application relating to the Services: You acknowledge and agree that this Agreement is solely between you and SXC Live, not Apple, and that Apple has no responsibility for the Services or content thereof. Your use of the Services must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. Apple will have no warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to SXC Live as provider of the Services. You acknowledge that, in the event of any third-party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, SXC Live, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and SXC Live acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Services, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Services against you as a third-party beneficiary thereof.
Users agree not to hold SXC Live, SXC Live's agents and employees, officers, directors, corporate partners, or participants liable for (i) any advice or services delivered which originated through the Services or otherwise were provided by a User or (ii) for any content posted on the Services by any User. Users release SXC Live and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
Intellectual Property Rights
Notice of Trademark Rights
, as modified by SXC Live from time to time, shall govern any disclosure or use of User's personal information. By using the Services, you do hereby represent, understand and agree that you have reviewed and agree to those terms.
Copyright Complaints and Copyright Agent
SXC Live respects the intellectual property of others, and asks Users to do the same. SXC Live is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, SXC Live asks Users to help us. If Users believe, in good faith, that any materials on the Services infringe upon Users' copyrights, please provide SXC Live 's Copyright Agent with the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed is located. Include enough information to allow SXC Live to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SXC Live 's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, 11601 Wilshire Boulevard, Los Angeles, CA 90025. SXC Live will terminate access to the Services of those who engage in repeated acts of infringement.
Modifications to the Services
SXC Live reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information on the Services with or without notice to the User. Users have the same rights with regard to their self-generated content on the Services. Users agree that SXC Live shall not be liable to User or any third party for any modification or discontinuance of the Services.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or SXC Live for accessing the Services, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify SXC Live of any unauthorized use of Users' password or account or any other breach of security.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THE SERVICES IS AT THE USER'S SOLE RISK. NEITHER SXC LIVE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. SXC LIVE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. THE SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SXC LIVE NOR ITS AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SERVICES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SERVICES. SXC LIVE AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SXC LIVE AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. SXC LIVE AND ITS AFFILIATES CANNOT AND DO NOT, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD SXC LIVE OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SERVICES. SXC LIVE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICES.
Limitation of Liability
Last Revision: July 19, 2017