Barry's TicketsLast Updated on August 15, 2021Barry's Tickets and TicketPickIt LLC (the "Company," "Barry's Tickets," or the "Site") is an
innovative ticket marketplace that aims to create a more efficient platform for buying and selling tickets
of Use govern the use of Barry's Tickets.com, or the mobile application "Barry's Tickets" (together, the "Digital
Properties of Barry's Tickets"), and apply to all users visiting the Digital Properties, including using the
services and resources available or enabled via the Digital Properties (each a "service" and collectively,
the "Services"). By clicking on the "I Accept" or "Sign Up" button, completing the registration process,
and/or browsing the website or downloading Barry's Tickets' mobile application (the "Application"), YOU ARE
ENTERING INTO A BINDING CONTRACT, and you represent that (1) you have read, understand, and agree to be
applicable, identified as the user when you registered with a Digital Property. If you do not agree to be
Terms of the User AgreementThis User Agreement ("Agreement") lists the terms of the agreement between you
and Barry's Tickets for the buying and selling of tickets, and all other services that we provide (the "Services").
By completing the registration process, you agree to accept the terms and the conditions of this Agreement
to become a Registered User of the Site.
If we change or modify this Agreement, we shall post a revised version of this
Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the
Site and the Services following Barry's Tickets' posting of a revised Agreement will constitute your acceptance of
the revised Agreement. Do not continue to use the Services, or this Site, if you do not agree with the terms
of this Agreement or any revised version of this Agreement.
FOR ALL USERS RESIDING IN THE UNITED STATES, PLEASE BE ADVISED: SECTION 22 OF
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO
SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BARRY'S TICKETS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO
SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. Barry's Tickets MarketplaceBarry's Tickets is an independent marketplace designed to connect buyers of tickets and
sellers of tickets. As such, our services are merely designed to act as a marketplace to connect buyers and
sellers, and Barry's Tickets makes no guarantee with respect (a) to the existence, quality, safety or legality of
the tickets, (b) the truth or accuracy of a seller's listings or content, (c) the ability of sellers to sell
tickets or the ability of buyers to pay for them, or (d) that a seller or buyer will complete any
transaction. Barry's Tickets is acting solely as an agent on behalf of the sellers listing tickets on Barry's Tickets’s
marketplace. As such, Barry's Tickets has no liability, either primarily or secondarily, for amounts collected or
paid through its marketplace.
Unless otherwise expressly stated by Barry's Tickets, the display of any tickets or
sellers on our website does not in any way imply, suggest or constitute an endorsement by us of those
tickets or that seller, or any sponsorship of us by such seller, or any other affiliation between such
seller and us.
If you access the Barry's Tickets Properties through a SNS as part of the functionality
of the Digital Properties, the Application and/or the Services, you may link your Barry's Tickets account with
Third-Party Accounts, by allowing Barry's Tickets to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account.
You must provide all equipment and software necessary to connect to Barry's Tickets
Properties, including but not limited to, a mobile device that is suitable to connect with and use Barry's Tickets
Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees,
including Internet connection or mobile fees that you incur when accessing Barry's Tickets Properties.
2. RegisteringBarry's Tickets requires users to register before they can buy or sell tickets. To
register (become a "Registered User"), you must provide your legal and current name and address, your phone
number, an active email address, and a valid credit or debit card.
A Registered User of this Site must agree to accept the terms and conditions of
this Agreement, and you must have a valid credit or debit card. You may only use these services if you are
legally able to enter into a binding contract. If you are under the age of 18, you may only use this site in
conjunction with and under the supervision of a parent or guardian.
3. User Conduct3.1 Unauthorized Use or Access: You agree that you will not, under any circumstances: (a) Interfere or attempt to interfere with the proper functioning of Barry's Tickets Properties or connect
to or use Barry's Tickets Properties in any way not expressly permitted by the Terms; (b) Systematically retrieve data or other content from our Barry's Tickets Properties to create or compile,
directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or
the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; (c) Use, display, mirror or frame Barry's Tickets Properties, or any individual element within Barry's Tickets
Properties, Barry's Tickets' name, any Barry's Tickets trademark, logo or other proprietary information, or the layout
and design of any page or form contained on a page, without Barry's Tickets' express written consent; (d) Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects
information from or through Barry's Tickets Properties or that is in transit from or to Barry's Tickets Properties,
including, but not limited to, any software that reads areas of RAM or streams of network traffic used by
Barry's Tickets Properties; (e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client,
a server or Barry's Tickets Properties, whether through the use of a network analyzer, packet sniffer or other
device; (f) Make any automated use of Barry's Tickets Properties, or take any action that imposes or may impose (in
Barry's Tickets' sole discretion) an unreasonable or disproportionately large load on the infrastructure for
Barry's Tickets Properties; (g) Bypass any robot exclusion headers or other measures Barry's Tickets takes to restrict access to
Barry's Tickets Properties, or use any software, technology or device to send content or messages, scrape, spider
or crawl Barry's Tickets Properties, or harvest or manipulate data; (h) Use, facilitate, create, or maintain any unauthorized connection to Barry's Tickets Properties,
including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to
emulate, any part of Barry's Tickets Properties; or (ii) any connection using programs, tools or software not
expressly approved by Barry's Tickets; (i) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code
for any underlying software or other intellectual property used to provide Barry's Tickets Properties, or to obtain
any information from Barry's Tickets Properties; (j) Upload, post, e-mail, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment; (k) Solicit or attempt to solicit personal information from other Users of Barry's Tickets Properties; (l) Use Barry's Tickets Properties to collect, harvest, transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation, photographs of others without their
permission, personal contact information or credit, debit, calling card or account numbers; (m) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup
posting, or in any way use Barry's Tickets Properties to send altered, deceptive or false source-identifying
information; or (n) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1
pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection
mechanisms" or "pcms"). 3.2 General: In connection with your use of Barry's Tickets Properties, you shall not: (a) Harm minors in any way; (b) Impersonate any person or entity, including, but not limited to, Barry's Tickets personnel, or falsely
state or otherwise misrepresent your affiliation with a person or entity; (c) Intentionally or unintentionally violate any applicable local, state, national or international
law or regulation, or any order of a court; (d) Register for more than one account or register for an account on behalf of an individual other
than yourself; (e) Stalk or otherwise harass any other User or Employee of our Barry's Tickets Properties; or (f) Advocate, encourage or assist any third party in doing any of the foregoing activities in this
section. 4. Blocking of Accounts, Delay or Refusal of Payment TransactionsBarry's Tickets reserves the right to temporarily or permanently suspend your Barry's Tickets
account, to delay or refuse payment transactions to and from your Barry's Tickets account, or otherwise restrict
its functionality if:
(a) Required by law or court order or if otherwise required by any regulatory or governmental
authority, body or agency having jurisdiction over us; (b) Required to fulfil our legal obligations in relation to the fight against money laundering and
financing of terrorism; (c) There is suspicion of unauthorized or fraudulent access to or use of your Barry's Tickets account or
that any of its security features have been compromised; (d) Barry's Tickets has reasonable grounds to believe you are carrying out a prohibited or illegal activity;
or (e) Barry's Tickets is unable to verify your or your business' identity or any other information pertaining
to you, your Barry's Tickets account or a payment transaction.
Barry's Tickets will notify you via email of the suspension or restriction and the
reasons for it, where possible, before such measures take place and at the latest immediately thereafter,
unless prevented from doing so for security reasons or by law. Barry's Tickets will reinstate your Barry's Tickets account
or execute the payment transaction as soon as practicable after the reasons listed in this section no longer
5. App StoresYou acknowledge and agree that the availability of the Application and the
Services is dependent on the third party from whom you received the Application license, e.g., the Apple App
Store or Google Play ("App Store"). You acknowledge that the Terms are between you and Barry's Tickets and not with
the App Store. Barry's Tickets, not the App Store, is solely responsible for Barry's Tickets Properties, including the
Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any
claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
In order to use the Application, you must have access to a wireless network, and you agree to pay all fees
associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection
with Barry's Tickets Properties, including the Application. You agree to comply with, and your license to use the
Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g.,
the App Store's terms and policies) when using Barry's Tickets Properties, including the Application. You
acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will
have the right to enforce them.
6. Buyers: Score Report, Seat Quality, Seat Views and Ticket PricesRegistered Users who want to buy tickets ("Buyers") may search for events and
view ticket listings. Barry's Tickets ranks and lists tickets based on a combination of ticket prices and seat
quality ("Score Report"). The ticket Score Report is a feature that helps users search through tickets;
however, the purchase of tickets is at the full discretion of the Buyer, and all sales are final. Barry's Tickets'
determination of seat quality is only an estimate based on historical data about the view and location. The
Seat Views provided by Barry's Tickets for a given section reflects the view from that location in general and is
not specific to any one ticket listing within that section. Barry's Tickets is not responsible for the quality of
the specific seat.
The price printed on the ticket in most cases will not be the same as the
purchased price or the cost of the transaction. Ticket prices are set by the owners of ticket(s) ("Seller").
Barry's Tickets does not own ticket inventory or set ticket prices. As a result, the ticket prices listed may be
substantially higher (or in some cases lower) than the original face value printed on the ticket.
All Barry's Tickets sales are final even though ticket prices for live events continue
to fluctuate on the open market. It is possible that prices of similar seats will change over time; if the
prices of similar tickets increase prior to the event, you will not be charged more. Conversely, if the
price of similar tickets decreases prior to the event, no credits, refunds or upgrades will be given.
Barry's Tickets will never charge more than what you have authorized. All prices are listed in U.S. dollars.
7. Buyers: Finding Tickets and Placing OrdersTo order tickets, a Buyer first browses Barry's Tickets' listings for tickets. When
the Buyer finds desirable tickets, the Buyer places an "order" or a "bid to purchase the ticket(s). When an
order is placed, Sellers have 48 hours to receive notification of an order and confirm delivery. All orders
are final and, once placed, cannot be cancelled or retracted. However, placing an order does not complete
the sale; a sale is only completed once it has been confirmed by the Seller. All bids are firm bids, and
once a Seller accepts a bid and confirms the sale the transaction is complete and cannot be cancelled or
retracted. However, all bids can be retracted prior to a Seller accepting your bid. To be explicit, once a
Seller accepts a bid, it cannot be cancelled or refunded. Therefore, Buyers should treat bids as an order to
purchase tickets which a Seller can confirm at any time.
The Buyer's credit or debit card is not charged until the Buyer's order is
confirmed by the Seller. However, when a Buyer places an order or bid, we obtain an authorization from the
Buyer's credit or debit card for the full order amount, which is equal to the total ticket price, or the
maximum bid times the quantity of the tickets ordered plus a shipping & handling charge (note: there is no
commission or service charge to the Buyer). The authorization remains on the Buyer's credit card until the
sale is completed or the order is cancelled. Although an authorization is not a charge, debit card issuers
will place a hold on funds when an authorization is obtained by Barry's Tickets. In all cases, Barry's Tickets is not
responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer's
credit or debit card when the Buyer places orders or bids.
After a Buyer places an order to purchase tickets, it is possible that the
Seller no longer owns those tickets or for some other reason will not confirm the sale. In that case,
Barry's Tickets will work to help the Buyer source similar seats for the same price or less. However, Barry's Tickets
cannot guarantee that similar seats for the same price or less will be available for sale; in this case, the
Buyer's credit or debit card will not be charged and the sale will be cancelled.
Event dates, times, venues, and subject matter, which are listed on the ticket,
may change. It is the responsibility of the Buyer to verify the most recent details for an event. Please
contact the box office or refer to local listings for any changes.
Barry's Tickets does not guarantee any information provided by our Sellers in the
Seller Notes area of the ticket listings. It is the Buyer's responsibility to verify any possible
inconsistency or discrepancy in the ticket location, description, and/or price by calling Barry's Tickets as soon
as possible following the discovery of such a discrepancy. Use of a ticket without reporting a discrepancy
to Barry's Tickets constitutes acceptance of the ticket as is, notwithstanding any inconsistency with the Seller's
listing and the actual ticket.
Upon the Seller confirming the sale, the Buyer is guaranteed to receive the
tickets in time for the event. Barry's Tickets cannot guarantee the method of the delivery for a given sale, only
that the tickets will be delivered in time for the event.
If there are any issues or discrepancies with the tickets that you receive from
what was purchased, Barry's Tickets will do it's best to find comparable replacement tickets. If replacement
tickets cannot be found or are not available at a comparable price, Barry's Tickets reserves the right to cancel
the order and credit or refund the full purchase amount to the buyer. In this case Barry's Tickets will provide you
with a prepaid FedEx shipping label to use to return the tickets to Barry's Tickets.
If a seller notifies Barry's Tickets of a "drastic pricing error" when listing tickets
for sale, Barry's Tickets will use their sole discretion to decide whether it is appropriate to cancel a sale and
excuse the seller from fulfilling the sale. This is most commonly caused when a seller forgets a digit (ex:
$40 vs $140) or reverses the digits (ex: $260 vs $620) when setting the price on a listing. In these cases,
whether an order is confirmed or not, Barry's Tickets in its sole discretion, reserves the right to cancel the sale
without penalty to the seller, and provide the buyer with a credit or refund.
You must notify Barry's Tickets in writing within seven (7) days after receiving your
credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed
waived. Billing disputes should be notified to the following address: [email protected]When attending an event, you may be required to sign a waiver or other legal document in order to gain access to the venue by the venue or event organizer or such party’s agent. By purchasing tickets from Barry's Tickets, you understand that you may be denied entry if you do not sign such waiver.Due to the uncertainty related to the COVID-19 pandemic, your tickets and admission to the event are subject to all venue and/or event organizer/promoter safety and health policies. You acknowledge that due to the evolving nature of the pandemic, the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the event date. By purchasing tickets, you acknowledge and agree that you will comply with such policies and your attendance at the event is conditioned on such compliance.If, for reasons of maintaining social distancing or other safety reasons related to the covid19 pandemic, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, such relocation will not qualify you for a refund or for other compensation.If you are not permitted into an event for any reason other than due to the invalidity of the ticket(s) you receive, Barry's Tickets is not responsible and you will not qualify for a refund or any other form of compensation.8. Ticket UpgradesTicket listings are a representation of actual seat location. Tickets may be
substituted with comparable or better seat locations. Actual seat and row numbers may vary from those
purchased on the Site. Barry's Tickets will always look to upgrade Buyer's tickets when possible and reserves the
right to determine what constitutes a "comparable" or "better" ticket for substitution or upgrade
9. Listing Tickets for Sale A Registered User who wants to sell tickets may list the tickets on Barry's Tickets.
As part of the listing process, the Seller assigns a price to the tickets and must provide accurate
information such as the event description, date, section, row, and seat. Sellers must also ensure that such
listings remain accurate. Sellers are required to disclose if the tickets state that it is an obstructed
view, partial view, or mobility view (as well as any other information that may be relevant to a ticket
Sellers are expressly forbidden from listing for sale: (a) tickets that the
Seller does not own; (b) tickets obtained in violation of the Better Online Ticket Sales Act of 2016 (i.e.,
obtained via circumvention of a security measure, access control system, or other technological control or
measure on an Internet website or online service that is used by a ticket issuer to enforce posted event
ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules); (c)
Speculative tickets; (d) Stolen tickets; (e) Nontransferable "paperless tickets,"" "flash seats," and "will
call only" tickets (transferable "paperless tickets," "flash seats," and "will call only" tickets may be
sold); (f) tickets without event access unless clearly stated in the listing (e.g., "PARKING ONLY"). Sellers
may only list for sale non-consecutive seats and "piggyback seats": (seats directly behind one another) if
clearly stated in the listing.
A Seller who lists a ticket for sale on the Site may choose to sell that ticket
for a fixed price. The Seller sets a definite price at which the ticket(s) will sell immediately when a
Buyer places an order for the ticket(s).
A Seller who lists a ticket on the Site may choose to sell that ticket via the
"Bidding Platform," which is the technology that allows a Registered User to make an offer to buy tickets
from multiple Sellers. Sellers can view the bids of Buyers and, at their discretion, agree to sell their
ticket(s) at the chosen bid prices.
Pricing tickets is the sole responsibility of Sellers and must be done in accordance
with all applicable laws. Sellers are solely responsible for the payment of any applicable taxes resulting
from your ticket sales.
We issue tax forms at the end of the year to any seller that meets the state or
federal thresholds for documenting those sales. You agree to provide Barry's Tickets with your Social Security
Number or other tax identification number if necessary for Barry's Tickets to provide (without notice to You)
information to the relevant tax authorities related to payments you receive from us and further authorize
Barry's Tickets to release that information to the relevant tax authorities.
Barry's Tickets will include sales tax on appropriate purchases where we are required
to collect and remit such taxes by state law. Sales tax is identified separately on purchases by consumers.
10. Completing Your SaleWhen your tickets sell you are obligated to deliver the exact listed tickets,
however, your sale is not complete until the buyer receives the tickets from you. Completing a sale means
following all of the steps to send the tickets you sold, on time and as promised in your listing. Barry's Tickets
verifies the authenticity of the order and reserves the right to cancel any order that it identifies as
As soon as your tickets sell, we'll send you an email to notify you to complete
your sale. The deadline to complete your sale is based on whether you told us your tickets were in hand or
not - and if not, the date you identified as your In-Hand Date.
Simultaneously, Barry's Tickets verifies the authenticity of the order and the buyer,
and reserves the right to cancel any order that it identifies as fraudulent. In this case sellers are free
to relist their tickets for sale again.
11. Seller Obligations, Penalties, & RestrictionsBy listing a ticket for sale, you are making a binding offer to sell that ticket
to a Buyer who purchases the ticket for the price you have specified. When a Buyer accepts your offer by
purchasing your ticket through our Site or Services, you are contractually bound to deliver that exact
ticket for the specified price and within the required delivery timeframe.
Barry's Tickets may provide Sellers with certain information related to Buyers, such as
their contact information, so that Sellers can send tickets to them. Sellers are prohibited from using such
information for any purpose other than the fulfillment of their obligations in providing purchased tickets
to Buyers. Sellers shall not include, in any shipment to any Buyer, any materials other than the purchased
tickets, including business cards, bookmarks, coupons, flyers, solicitations, contact information or any
other marketing or advertising materials.
If your tickets have sold but you cannot fulfill the order or there was a
problem with fulfillment (also referred to as a 'dropped sale'), Barry's Tickets may charge your payment method an
amount equal to 200% of the price of the ticket(s) sold to compensate us for the losses we incur to meet our
obligations under the Barry's Tickets Guarantee. Barry's Tickets reserves the right in its sole discretion to charge
your payment method the full amount of the replacement costs Barry's Tickets incurs under the Barry's Tickets
A dropped sale can be triggered by the following situations: 1. You cannot
deliver the ticket(s) or related passes in time. 2. You do not have a replacement ticket (tickets that
Barry's Tickets determines in its sole discretion are comparable or better than the ones originally listed). 3.
Barry's Tickets rejects your requested change and cancels the order, or 4. The tickets that were delivered were not
By listing a ticket for sale, you certify that the ticket was obtained lawfully
and, among other things, not in violation of the Better Online Ticket Sales Act of 2016 (i.e., obtained via
circumvention of a security measure, access control system, or other technological control or measure on an
Internet website or online service that is used by a ticket issuer to enforce posted event ticket purchasing
limits or to maintain the integrity of posted online ticket purchasing order rules).
12. Users Relationship with Barry's TicketsAs a Buyer, a Registered User grants Barry's Tickets permission to charge the credit or
debit card associated with their registration for the purchase of tickets. As a Seller, a Registered User
grants Barry's Tickets permission to charge the credit or debit card associated with their registration for costs
incurred by Barry's Tickets if at any time the Seller fails to deliver the tickets they have listed or delivers
invalid, fraudulent, counterfeit, or misrepresented tickets. These costs may include, but are not limited
to, the cost of replacement tickets, coupons, gift certificates, credits or refunds to the Buyer, and other
charges we incur to satisfy the Buyer under the terms of Barry's Tickets' Barry's Tickets Guarantee.
Barry's Tickets acts as a marketplace only to allow Buyers and Sellers to interact
regarding tickets. In all cases, the submission and confirmation of orders are transactions between Buyers
and Sellers only. The fulfillment of confirmed orders, including delivery and shipment of tickets, is the
responsibility of the Seller. If you have a dispute with one or more registered users, you release Barry's Tickets
and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives, and
employees from any 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 such dispute.
Barry's Tickets will not use or distribute your private information except in
13. Text Message PolicySome of our Services may allow you to receive SMS, MMS, or other text message
notifications from us (each a "Text Message"). To the extent you voluntarily opt to have Text Messages from
us sent directly to your mobile phone, the following terms apply:
You agree to receive recurring automated marketing and informational text (e.g.,
SMS and MMS) messages from Barry's Tickets, including text messages that may be sent using an automatic telephone
dialing system, to the mobile telephone number you provided when signing up or any other number that you
designate. Consent to receive automated marketing text messages is not a condition of any purchase. Your
mobile provider's standard messaging rates apply to our confirmation Text Message and all subsequent Text
Message correspondence. Message and data rates may apply, according to your individual rate plan provided by
your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges
for browsing data and sending and receiving text messages. Under no circumstances will Barry's Tickets or its
affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has
access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not
receive the Text Messages from us.
You can opt-out of receiving any further Text Messages from us by replying
"STOP" to any Text Message you receive from us.
Message frequency will vary. Barry's Tickets reserves the right to alter the frequency
of messages sent at any time, so as to increase or decrease the total number of sent messages. Barry's Tickets also
reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be
deliverable in all areas. Barry's Tickets, its service providers, and the mobile carriers supported by the program
are not liable for delayed or undelivered messages.
14. Event Cancellation, Postponement, or Rescheduling; CreditsIf an event is cancelled and not rescheduled (as determined by Barry's Tickets), we will
provide a credit or refund, as determined in Barry's Tickets' sole discretion (except to the extent a refund is
required by law) for the amount paid for the tickets, processing fees, and shipping charges. Tickets must
be returned via express mail service or other traceable mail service in order to obtain a credit or refund.
The express mail service is at the customer's expense; Barry's Tickets will not provide return service postage.
If any event or ticket(s) is cancelled by the organizers of the event, Barry's Tickets
has no obligation to credit or refund incidental expenses that you have incurred relating to your plans to
attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or
rental car costs. Barry's Tickets assumes no responsibility for the actions of any event organizing body when an
event or ticket(s) is cancelled.
If an event is postponed or rescheduled, please retain your ticket. In most
cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be
reissued for most rescheduled or postponed events. Credits, refunds or exchanges will not be made for
postponed or rescheduled events. Barry's Tickets is not responsible for incidental expenses related to a
If, for reasons of maintaining social distancing or other safety reasons related to the covid19 pandemic, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, Barry's Tickets, at its sole discretion, reserves the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that Barry's Tickets deems an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.Barry's Tickets is not responsible for any other event changes, such as partial
performances, venue, line-up or time changes. No credits or refunds will be issued under such
15. General Seller PoliciesAs a Seller, you agree not to place any personal information (including, but not
limited to, addresses, phone numbers, or email addresses) in the Seller Comments area of ticket listings.
Sellers agree that you will provide all information that a Buyer may deem relevant and if it is not
disclosed appropriately sellers may be penalized.
Sellers agree not to list, sell, or buy any adult materials, obscene materials,
or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or
other information found on or via this Site to do so.
Barry's Tickets prohibits the use of its Site for any unlawful conduct. All users must
comply with all local, state, federal, and international laws, ordinances, and regulations. By using this
Site, you agree not to use any false personal information or use an invalid or unauthorized credit or debit
card. You agree not to use or permit anyone to use information provided through the Site for any unlawful or
You agree not to copy, modify, or distribute any content from the Site,
including Barry's Tickets' copyrights and trademarks, and/or link to the Site without Barry's Tickets' prior written
Barry's Tickets reserves the right to prohibit Registered Users from posting tickets at
Barry's Tickets if they are not able to provide the exact tickets that were posted at Barry's Tickets. If you, at any
time, fail to deliver the tickets you have listed or deliver invalid, fraudulent, or misrepresented tickets,
Barry's Tickets reserves the right to cancel the order, return the tickets to you, and hold you liable for any and
all charges we incur to satisfy the Buyer under the terms of Barry's Tickets Guarantee. These charges may
include, but are not limited to, cost of replacement tickets, coupons, gift certificates and credits and
refunds to the Buyer.
If Barry's Tickets is owed money, we may collect amounts owed using a collection agency
or other collection mechanism and you may be charged fees associated with collecting the delinquent
payments. Barry's Tickets, or the collection agency it retains, may report information about your account to credit
bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to
dispute the information Barry's Tickets reported to a credit bureau, please contact Barry's Tickets. If you wish to
dispute the information a collection agency reported, contact the collection agency directly.
Barry's Tickets is neither affiliated with or sponsored by the NBA, NFL, MLB, NHL, or
any NBA, NFL, MLB, or NHL team. All product and company names that can be seen herein are trademarks or
registered trademarks of their respective holders, and are not otherwise associated with Barry's Tickets.
16. TaxesIf any Services, or payments for any Services or tickets, under the Terms are subject
to Sales Tax in any jurisdiction, you will be responsible for the payment of such Sales Tax and any related penalties
or interest to the relevant tax authority, and you will indemnify Barry's Tickets for any liability, penalties,
interest or expense we may incur in connection with such Sales Taxes. Upon Barry's Tickets’s request, you will provide
us with official receipts issued by the appropriate taxing authority, or other such evidence that You have paid all
applicable taxes. For purposes of this section "Sales Tax" shall mean any sales or use tax, and any other tax measured
by sales proceeds, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not
otherwise impose a sales or use tax.
You further agree to make all payments of fees to Barry's Tickets free and clear of, and
without reduction for, any withholding taxes. Any such taxes imposed on payments to Barry's Tickets will be your sole
17. Third Party Payment ProviderBarry's Tickets uses Braintree for payment processing services. By using the Braintree
(a division of PayPal, Inc.) payment processing services you agree to the Braintree Payment Services
Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank
agreement available at https://www.braintreepayments.com/legal/cea-wells.
18. OwnershipThe site, including all site software, databases, trademarks, logos, service
marks, proprietary information, and materials (and any intellectual property and other rights relating
thereto) ("Barry's Tickets Property"), is owned by Barry's Tickets and will remain the property of Barry's Tickets. User further
acknowledges that User does not acquire any ownership rights by using the site. User may not use any
Barry's Tickets Property in connection with any product or service that is not offered by Barry's Tickets, in any manner
that is likely to cause confusion with Barry's Tickets' business, or in any manner that disparages Barry's Tickets.
Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any
license or right to use any Barry's Tickets Property without the express written permission of Barry's Tickets.
You agree that submission of any ideas, suggestions, documents, and/or proposals
to Barry's Tickets through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk
and that Barry's Tickets has no obligations (including without limitation obligations of confidentiality) with
respect to such Feedback. You represent and warrant that you have all rights necessary to submit the
Feedback. You hereby grant to Barry's Tickets a fully paid, royalty-free, perpetual, irrevocable, worldwide,
non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute,
adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit
in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the
operation and maintenance of Barry's Tickets Properties.
19. IndemnificationUser agrees to indemnify, defend, and hold Barry's Tickets, its parents affiliates,
licensors, suppliers, advertisers, and sponsors, and their respective employees, consultants, agents, and
other representatives ("Indemnified Parties") harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or
from: (a) User's breach of any of these terms and conditions; (b) any allegation that any information User
submits or transmits to the Site infringes on or otherwise violates the copyright, trademark, trade secret,
or other intellectual property or other rights of any third party; (c) any federal, state, or county tax
obligation or amounts due or owing under any tax regulation, law, order, or decree or any dispute concerning
the tax status of Barry's Tickets; (d) User's activities in connection with the use of this Site; (e) your
violation of any rights of another party, including any end users of the Services; (f) your violation of any
applicable laws, rules or regulations; and/or (g) any disputes or claims between you and any other User.
Barry's Tickets reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Barry's Tickets in
asserting any available defenses.
20. Site Changes and AvailabilityBarry's Tickets reserves 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. Barry's Tickets performs regularly scheduled maintenance and while we do our best to avoid customer impact,
the Site or our Services may be unavailable during these maintenance periods.
21. International UsersBarry's Tickets can be accessed from countries around the world and may contain
references to Services that are not available in your country. These references do not imply that Barry's Tickets
intends to announce such Services in your country. Barry's Tickets' marketplace is controlled and offered by
Barry's Tickets from its facilities in the United States of America. Barry's Tickets makes no representations that
Barry's Tickets is appropriate or available for use in other locations. Those who access or use Barry's Tickets from other
countries do so at their own volition and are responsible for compliance with local law.
22. Disclaimers and Limitations on LiabilityNo Warranty: THE SITE, THE MATERIALS ON THE SITE AND ANY TICKET OR SERVICE
OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
BARRY'S TICKETS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE SITE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF
DEALING OR USAGE OF TRADE. BARRY'S TICKETS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.
BARRY'S TICKETS IS NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY
ON YOUR BEHALF. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN
RISK. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
No Liability for Conduct of Third Parties: YOU ACKNOWLEDGE AND AGREE THAT
BARRY'S TICKETS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BARRY'S TICKETS PARTIES LIABLE, FOR THE CONDUCT
OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES
RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users: YOU ARE SOLELY RESPONSIBLE FOR ALL OF
YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF BARRY'S TICKETS PROPERTIES. YOU UNDERSTAND THAT BARRY'S TICKETS
DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF BARRY'S TICKETS PROPERTIES. ANY TICKETS
PURCHASED OR SOLD THROUGH BARRY'S TICKETS PROPERTIES ARE AT YOUR OWN RISK, AND BARRY'S TICKETS MAKES NO REPRESENTATIONS OR
WARRANTIES THAT ANY TICKET IS VALID, THAT ANY BUYER WILL PAY FOR A TICKET, THAT ANY SELLER WILL SELL A VALID
TICKET, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION.
Limitation of Liability: NEITHER BARRY'S TICKETS NOR ANY OTHER INDEMNIFIED PARTY ARE OR
WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
OR LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, THE MATERIALS ON THE SITE, OR ANY TICKET OR SERVICE OBTAINED THROUGH THE
SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BARRY'S TICKETS AND ANY OTHER
INDEMNIFIED PARTY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER
TO THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT
OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION,
OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BARRY'S TICKETS; (III) ANY
UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS,
VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY; (VI) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE SITE; AND/OR
(VII) ANY LOST, STOLEN, OR DAMAGED TICKETS AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES
SUFFERED BY YOU, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL BARRY'S TICKETS PARTIES BE LIABLE TO YOU
FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO BARRY'S TICKETS BY YOU DURING THE ONE-MONTH PERIOD PRIOR
TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY
THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A
BARRY'S TICKETS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A BARRY'S TICKETS PARTY'S NEGLIGENCE; OR FOR (B) ANY
INJURY CAUSED BY A BARRY'S TICKETS PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
User Information. EXCEPT FOR BARRY'S TICKETS'S OBLIGATIONS TO PROTECT YOUR PERSONAL
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BARRY'S TICKETS AND YOU.
23. Dispute ResolutionPlease read the following arbitration agreement in this Section ("Arbitration
Agreement") carefully. It requires you to arbitrate disputes with Barry's Tickets and limits the manner in which
you can seek relief from us.
22.1 Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way
to your access or use of the Barry's Tickets, to any products sold or distributed through the Barry's Tickets, or to any
aspect of your relationship with Barry's Tickets, will be resolved by binding arbitration, rather than in court,
except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Barry's Tickets
may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as
trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement
shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this
Arbitration Agreement or any prior version of this Agreement. 22.2 Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established
alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not
inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the
Streamlined Arbitration Rules and procedures available at
http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most
current version of the Comprehensive Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com
or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Barry's Tickets will pay them for
you. In addition, Barry's Tickets will reimburse all such JAMS's filing, administrative, hearing and/or other fees
for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may
choose to have the arbitration conducted by telephone, based on written submissions, or in person in the
country where you live or at another mutually agreed location. Any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. 22.3 Authority of Arbitrator: The arbitrator shall have exclusive authority to (a) determine the
scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the
interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not
limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration
will decide the rights and liabilities, if any, of you and Barry's Tickets. The arbitration proceeding will not be
consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority
to award monetary damages and to grant any non-monetary remedy or relief available to an individual under
applicable law, the arbitral forum's rules, and the Terms (including the Arbitration Agreement). The
arbitrator shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator
has the same authority to award relief on an individual basis that a judge in a court of law would have. The
award of the arbitrator is final and binding upon you and us. 22.4 Waiver of Jury Trial: YOU AND Barry's Tickets HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO
SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Barry's Tickets are instead electing that all
claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified
in Section 22.1 above. An arbitrator can award on an individual basis the same damages and relief as a court
and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and
court review of an arbitration award is subject to very limited review. 22.5 Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF
THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS,
ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law
precludes enforcement of any of this subsection's limitations as to a given claim for relief, than then
claim must be severed from the arbitration and brought into the State or Federal Courts located in New York,
New York. All other claims shall be arbitrated. 22.6 30-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration
Agreement by sending written notice of your decision to opt out to the following address: Barry's Tickets, 225 W
34TH ST, STE 1708, New York, NY 10122, within 30 days after first becoming subject to this Arbitration
Agreement. Your notice must include your name and address, your Barry's Tickets username (if any), the email
address you used to set up your Barry's Tickets account (if you have one), and an unequivocal statement that you
want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts
of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on
any other arbitration agreements that you may currently have, or may enter in the future, with us. 22.7 Severability: Except as provided in subsection 22.5, if any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be
of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in
full force and effect. 22.8 Survival of Agreement: This Arbitration Agreement will survive the termination of your
relationship with Barry's Tickets. 22.9 Modification: Notwithstanding any provision in this Agreement to the contrary, we agree that if
Barry's Tickets makes any future material change to this Arbitration Agreement, you may reject that change within
thirty (30) days of such change becoming effective by writing Barry's Tickets at the following address: Barry's Tickets,
225 W 34TH ST, STE 1708, New York, NY 10122.
24. User ContentBarry's Tickets allows you to submit suggestions, reviews, concepts, audio and video
recordings, photographs, artwork or other materials to the Site ("User Content").
By submitting User Content, you certify that you are at least 18 years old, or
you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit
If you submit User Content to the Site, you grant Barry's Tickets a worldwide,
non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify,
create derivative works of, distribute, publicly perform, display, archive and commercialize your User
Content, in our sole discretion, in all formats and in all media channels now known or hereinafter
discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect
your ownership in your User Content, including the right to grant additional licenses to your User Content,
except if it conflicts with the Agreement. We are not obligated to post, display or otherwise use any User
Content, or to attribute your User Content to you. You will not make or authorize any claim against us that
our use of your User Content infringes any of your rights.
Following termination or deactivation of your account, or if you remove any User
Content from Barry's Tickets, we may retain your User Content for a commercially reasonable period of time for
backup, archival, or audit purposes.
Statements, opinions and reviews posted by participants on the Site may be
inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for
these postings. We will not be liable for any loss or harm caused by the posting or your reliance on
information obtained through the postings.
You will be responsible for your User Content and the consequences of posting
it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to
submit the User Content and to grant the licenses to us under this section, and (ii) you have the written
permission of every identifiable person in the User Content to use that person's name and likeness in the
manner contemplated by the Site and the Agreement or, if the person is a minor, the written permission of
the minor's parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site and the User
Content, and to disclose any User Content and the circumstances surrounding its submission in order to
operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal
obligations or governmental requests.
If we are notified that your User Content does not comply with the Agreement, we
may investigate the allegation and may decide to remove your User Content and cancel your account. We may
also hold you liable for any User Content that infringes the rights of a third party, and require you to pay
or reimburse us for any amounts we believe are necessary to resolve any complaint.
25. Claims of Copyright Infringement on the SiteIt is Barry's Tickets' policy, in appropriate circumstances and at its discretion, to
disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with
infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of
which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf,
Barry's Tickets will respond expeditiously to claims of copyright infringement committed using the the Site that
are reported to Barry's Tickets' Designated Copyright Agent, identified below.
If you are a copyright owner, or are authorized to act on behalf of one, or
authorized to act under any exclusive right under copyright, please report alleged copyright infringements
taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement
("Notice") and delivering it to Barry's Tickets' Designated Copyright Agent. Upon receipt of the Notice as
described below, Barry's Tickets will take whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged material from the Site. If Barry's Tickets removes or disables access to content in
response to a Notice, we may notify the user with details about the Notice so that they can submit a
counter-notice. Barry's Tickets may also send a complete copy of the Notice to users where appropriate.
You can submit a Notice by sending the following information to our Designated
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are
covered by this Notice - you may provide a representative list of the copyrighted works that you claim have
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material, including at a minimum, if applicable, the URL of the link shown on the website
where such material may be found, and (ii) the reference or link, to the material or activity that you claim
to be infringing, that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of
the link shown on the website where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or
reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as
a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the
owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the
copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
If the work you identified is an image, you can ask Barry's Tickets to remove all
copies of the image identified in your request by clearly specifying in the beginning of your email that you
are requesting that Barry's Tickets "remove all User Content containing the image". Please note that only identical
copies of the image file can be removed by this function. If an image file has been re-sized or altered in
any other way, then it cannot be detected or removed through this function.
Deliver this Notice, with all items completed, to Barry's Tickets' Designated
Barry's Tickets Copyright Agent
225 W 34TH ST, STE 1708
New York, NY 10122
Telephone +1 (323) 312-3150
Email: [email protected]Note: This email address should only be used for copyright complaints. If you
need to contact Barry's Tickets for any other reason, please email us at [email protected]If you receive a notification that your User Content has been removed due a
copyright complaint, it means that the User Content has been deleted from Barry's Tickets at the request of the
content's owner. If you want us to forward the information from the Copyright Complaint notification,
contact us at [email protected] and we will provide you with this information (though we may remove
personal contact information where appropriate). If your account receives too many copyright complaints, you
may lose the ability to submit User Content on Barry's Tickets, and your account may be disabled completely.
If you believe User Content was removed in error, you have the option to file a
counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the
complaint from your account's record.
Note: There are legal and financial consequences for fraudulent and/or bad faith
submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the
removed content or that you have a good faith belief that the material was removed in error, and understand
the repercussions of submitting a false claim.
How to File a Counter-Notice:
• Email your counter-notice to [email protected]
• Include all of the following:
• Your name, address, and telephone number.
• DMCA ID printed on the notification email.
• The source address of the content that was removed (copy and paste the link in the notification
• A statement under penalty of perjury that you have a good faith belief that the content was removed
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district
in which the address is located, or if your address is outside of the United States, for any judicial
district in which Barry's Tickets may be found, and that you will accept service of process from the person who
provided the original complaint or an agent of such person.
• A physical or electronic signature (for example, typing your full name).
26. ADA Terms & ConditionsTickets for accessible seats (i.e., seats to accommodate wheelchairs and
companion seats) are intended solely for individuals with disabilities and their companions. By purchasing a
ticket for an accessible seat, you represent and warrant that either you and/or one or more of your
companions require the accessible seat features. Barry's Tickets reserves the right to investigate and/or cancel
orders if there is any suspected misuse of accessible seating and take legal action against individuals who
fraudulently purchase tickets for accessible seats. In addition the venue where the event will take place
may redirect you and your party to non-accessible seats if you do not require such accommodations. Clicking
on the 'Continue to Checkout' button, 'Continue' button, or otherwise purchasing accessible seats shall
certify your assent to these terms.
27. MiscellaneousThis 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 with respect to the subject matter hereof, whether
written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid
or effective unless made in accordance with the express terms of this Agreement. If any provision of this
Agreement is held to be invalid or unenforceable under any circumstances, its application in any other
circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or
transfer this Agreement, or any of its rights or obligations, without the prior written consent of Barry's Tickets,
which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits,
rights, or remedies unto any person or entity other than the parties hereto and their successors and
permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The
subject heading at the beginning of each section of this Agreement is for reference purposes only and in no
way defines, limits, construes, or describes the scope or extent of such section. Barry's Tickets shall not be in
breach of, or otherwise liable in connection with, this Agreement for delay or failure in performing its
obligations by reason of any cause beyond Barry's Tickets’s reasonable control, including, without limitation, acts
of nature, war, natural disaster, governmental regulations or any executive, administrative or judicial
order, terrorism, communication or utility failures or casualties, the failures or acts of third parties,
fire, earthquake, flood, epidemic, pandemic, accident, casualty, strike, lockout, labor controversy, riot,
civil disturbance, act of public enemy, embargo, any failure or delay of any transportation, power or
communications system, or any other similar cause.