Last Updated: 17 November 2022
By using the NFT Platform or any part of it, you are confirming that you understand and agree to be bound by these NFT Terms.
These NFT Terms do not apply to purchases or sales of event tickets. Please see our Purchase Policy for the terms applicable to primary ticket purchases or our Resale Policy for the terms applicable to resale ticket purchases and sales, for the terms and conditions applicable to event tickets.
If you have any questions about these NFT Terms, please Contact Us.
· Ticketmaster limits its liability, and the liability of our partners, for loss suffered by you due to any use of NFTs. See Disclaimers (clause 7)
· Ticketmaster may terminate or suspend these terms, the NFT Platform or your account. See Termination (clause 10)
· Ticketmaster is not liable for any loss, damage or harm suffered by you using or transacting an NFT outside of the NFT Platform, which shall be entirely at your risk. See Assumption of Risks (clause 8)
- Variations to NFT Terms
- Overview of the NFT Platform
The NFT Platform will support NFTs that are minted, owned and/or controlled by or on behalf of us or our ‘”Event Partners”, artists, agents, venues, promoters or sponsors on behalf of whom we make the NFTs available in connection with their events, and that we directly make available to you.
The NFTs currently offered on the NFT Platform are digital collectibles offered at no additional cost to you because you have purchased a ticket that includes an NFT for a select event (“Launch NFTs”).
Please note that future functionality added to the NFT Platform may not be available for Launch NFTs. The Launch NFTs shall be subject to any limitations in these NFT Terms imposed by Ticketmaster and/or its relevant Event Partners in our or their sole discretion.
- User Accounts and Wallets
You may browse and view some of the NFTs on the NFT Platform without creating a User account. However, to start collecting NFTs using the NFT Platform, you will need to sign in with your My Ticketmaster account (your “Account”). You are solely responsible for the security of your Account and for all activity that occurs on your Account. If you become aware or suspect that anyone knows your user name and/or password, you should promptly contact us.
You must not attempt to conceal your identity including by using multiple Accounts or email addresses, or by any other means, to conduct transactions on the NFT Platform via multiple accounts.
We reserve the right to terminate your account and/or prohibit you from using the NFT Platform in future if:
- any abusive or threatening behaviour is carried out by you or on your behalf or via your account;
- we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
- we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account;
- we are ordered to do so by any legal or regulatory authority; and/or
- you otherwise breach these NFT Terms or any other applicable policies or terms and conditions.
When you redeem your first NFT via your Account, a digital wallet will be created that will be associated with your Account (“NFT Platform Wallet”). All NFTs you redeem with your Account will be placed in your NFT Platform Wallet.
You may be able to transfer your NFTs from the NFT Platform Wallet associated with your Account to your own external wallet via tools we or our providers may make available to you on the NFT Platform. If you choose to do this, you agree that we and our relevant Event Partners (and each of our and their direct and indirect parents, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) will have no responsibility or liability for your use of such external wallets or accounts, or for any problems that arise in transferring NFTs from your NFT Platform Wallet to an external wallet or account.
- Use of the NFT Platform
As part of the NFT Platform, we may make available NFTs (including the Launch NFTs) directly to you. We are not a broker, financial institution or creditor.
If you have a dispute with one or more Users, you release us and our partners (and each of our and their direct and indirect parents, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You are responsible for your interactions with other Users. Ticketmaster reserves the right, but is not obligated, to monitor interactions between Users, and Ticketmaster is not liable for your interactions with other Users, or for any User’s actions or inactions.
In order to use the functions of the NFT Platform, we may require you to provide additional information and documents as required by applicable law or regulation. For instance, before you transfer any NFTs from your Account (and corresponding NFT Platform Wallet) to any other wallet or account, we may request additional information as required by applicable law or regulation, including laws related to anti-money laundering. In such cases, we, in our sole discretion, may pause or cancel your use of the NFT Platform until we, and/or our service providers, have reviewed this information or documentation and accepted them as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, your Account may be suspended or your use of the NFT Platform may be paused or cancelled. You acknowledge that there may also be a time delay between the time when you submit such information and when we and/or our service providers are able to complete any anti-money laundering, know-your-customer or similar checks.
You agree that you will not (a) use the NFT Platform to carry out any illegal or unauthorised purpose, including without limitation money laundering, terrorist financing, or engaging in, encouraging or promoting any activity that violates these NFT Terms; (b) engage in any deceptive or manipulative trading activities; and (c) use the NFT Platform to carry out any financial activities subject to registration or licensing, including without limitation creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
If you have reason to believe that an NFT listed on the NFT Platform was illegally obtained or created, please contact us immediately at the contact information set forth in these NFT Terms. If we determine from the evidence that the NFT was illegally obtained or created, we will attempt to remove or hide it from the NFT Platform.
- Intellectual Property and Licence
All right, title and interest (including all copyrights, trademark rights and all other intellectual property rights) in any NFT and NFT Media associated with any NFTs you redeem on the NFT Platform are owned by us, or our licensors. Except as may be specified by Ticketmaster, your redemption of an NFT does not give you any right, licence, or ownership in or to the NFT Media associated with your redeemed NFT other than the rights expressly contained in these NFT Terms. You do not have the right, except as otherwise set forth in these NFT Terms, to reproduce, distribute, display, alter, manipulate, edit, create derivatives, or commercialise the NFT Media associated with an NFT, in whole or in part, in any way.
Subject to your continued compliance with these NFT Terms, if you redeem an NFT, we or our applicable licensors hereby grant you a personal limited, non-exclusive, non-sublicensable licence to view and display the NFT Media associated with the NFT solely for your own personal, non-commercial use. This licence will continue only so long as you continue to own the NFT.
You agree that you will not, nor permit any third party to do or attempt to do any of the following in connection with any of the metadata or NFT Media associated with an NFT you redeem via the NFT Platform: (i) apply for, register, or otherwise use or attempt to use the metadata or NFT Media, in whole or in part as a copyright, trademark, service mark, or any confusingly similar mark, anywhere in the world, (ii) modify the metadata or NFT Media in any way, including, without limitation, the text, shapes, designs, drawings, attributes, or colour schemes; (iii) use the metadata or NFT Media to advertise, market, or sell any product or service; (iv) use the metadata or NFT Media in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (v) use the metadata or NFT Media in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these NFT Terms or solely for your own personal, non-commercial use; or (vi) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialise merchandise that includes, contains, or consists of the metadata or NFT Media.
- Licence to User Content
You agree that other Users of the NFT Platform will have the right to comment on and/or tag your User Content and/or to use, publish, display, modify or include a copy of User Content as part of their own use of the NFT Platform; except that the foregoing does not apply to any of User Content that we may permit you to post privately for non-public display on the NFT Platform. By posting or submitting User Content to the NFT Platform, you represent and warrant that you have, or have obtained, all rights, licences, consents, permissions, power and/or authority necessary to grant the rights granted herein for your User Content. You agree that your User Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the licence described above.
We have the right to (a) remove or refuse to post any of User Content for any or no reason in our sole discretion; and (b) take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that User Content violates these NFT Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the NFT Platform or the public, or could create liability for us, our partners or other Users.
You may choose to submit feedback, comments, ideas or other feedback about the NFT Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide licence under all rights necessary for us to incorporate and use your Feedback for any purpose.
- Copyright Policy for User Content
WE DO NOT REPRESENT OR WARRANT THAT THE NFT PLATFORM OR ANY NFTS LISTED ON THE NFT PLATFORM, BLOCKCHAIN, OR OUR OR OUR PARTNERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO ANY USE OF NFTS, INCLUDING WITHOUT LIMITATION ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORISED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORISED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE NFT PLATFORM OR ANY NFTS.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN A BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALISED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT WE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.
To the extent permitted by applicable law, we are not responsible for any loss due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. We are not responsible for loss due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these NFT Terms seeks to exclude or limit Ticketmaster’s liability or an Event Partner’s liability which cannot be excluded or limited by law (including, without limitation, the Australian Consumer Law.
Ticketmaster is not responsible for the actions or failures of a Event Partner. Under no circumstances shall Ticketmaster be liable for any obligations owed to you by an Event Partner, unless directly caused by Ticketmaster.
- Assumption of Risks
Any purchase, display, gift, trade, transfer, or sale of an NFT you make, accept or facilitate outside of the NFT Platform will be entirely at your risk. We don’t control or endorse purchases or sales of NFTs outside of the NFT Platform, and expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the NFT Platform.
Certain parts of the NFT Platform may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the NFT Platform, you acknowledge and agree that Ticketmaster and our partners (and each of our and their direct and indirect parents, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We and our partners (and each of our and their direct and indirect parents, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or for any other materials, products, or services of third parties.
You further acknowledge and agree that:
- The NFTs are made available solely for entertainment purposes.
- The value of an NFT is subjective and prices of NFTs are extremely volatile. Fluctuations in the price of cryptocurrency and other digital assets could materially and adversely affect NFT values. We cannot guarantee in the value of any NFTs redeemed on the NFT Platform. You fully understand this subjectivity and volatility.
- There are risks associated with using an internet-based cryptocurrency or NFT, including without limitation, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using an internet-based cryptocurrency or the NFTs, however caused.
- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development or viability of those ecosystems and related applications and could therefore also negatively impact the potential utility or value of NFTs.
- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development or viability of the NFT Platform and the utility or value of NFTs.
- Under no circumstances shall the inability to view your NFTs on the NFT Platform serve as grounds for a claim against us or our partners (and each of our and their direct and indirect parents, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents).
You may discontinue your access to and use of the NFT Platform at any time.
We, in our sole discretion and for any or no reason, may terminate these NFT Terms and suspend and/or terminate the NFT Platform or your Account without prior notice. You agree we will not be liable to you or to any third party for any such suspension or termination. If we terminate these NFT Terms or suspend or terminate your access to or use of the NFT Platform due to your breach of these NFT Terms or any suspected illegal activity, then termination of these NFT Terms will be in addition to any other remedies we may have at law or in equity.
Upon any termination or expiration of these NFT Terms, whether by you or us, you may no longer have access to information that you have posted on the NFT Platform or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information.
- If we need to contact you, we will use your Account contact details. It is your responsibility to inform us immediately of any changes to your contact details at any time, whether before or after receipt of any NFT. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
- If you have any queries or complaints regarding the NFT Platform, NFTs or NFT Media, please contact us using our Customer Help Portal, quoting any reference numbers. Your query or complaint shall be acknowledged by us as soon as possible.
- Please note that we do not tolerate aggressive or abusive behaviour towards our staff or representatives, or unreasonable demands or persistence being used (including any threat, abuse or harassment towards our staff or representatives in any form or any media). We reserve the right to take such action we deem reasonably necessary in the circumstances to address any such behaviour towards our staff or representatives.
- If we delay or fail to enforce any of the provisions of these NFT Terms, it shall not mean that we have waived our right to do so.
- We shall be entitled to assign our functions under these NFT Terms provided that your rights are not adversely affected.
- If any provision of these NFT Terms is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from these NFT Terms and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
- Nothing contained within these NFT Terms and no action taken by you or us pursuant to these NFT Terms shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.
- Any notice provided under these NFT Terms shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email).
- The provisions of these NFT Terms are governed by the laws of Victoria, Australia.