User Agreement

This User Agreement ("Agreement") lists the terms of the agreement between you and Midgets with Tickets, LLC. for the buying and selling of tickets, and all other services that we provide (the "Services"). By completing the registration process, buying or selling tickets on our web site, you agree to accept the terms and conditions of this Agreement and to become a registered user of this Site.

If we change 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 Midget with Tickets's posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.

Midgets with Tickets is a website service that allows users who want to buy tickets ("Buyers") or sell tickets ("Sellers") for events. Midgets with Tickets does not keep an inventory of tickets nor do we collect any monies for the ticket sales. Midgets with Tickets will only advertise the tickets online for the seller and collect a listing fee from both the buyer and the seller which is a percentage of the ticket price. Percentages for commissions can be found on our About page. The fulfillment of confirmed orders, including payment, delivery and shipment of tickets, is the responsibility of the Seller. Please remember that Midgets with Tickets acts as a marketplace only to allow buyers and sellers to interact regarding tickets.

To purchase or sell tickets you must agree to accept the terms and conditions of this Agreement, and you must have a valid credit or debit card that we accept. You may only use the Services if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Sites. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.

You will need an email address and password to access the Site and use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person.

Once a Seller confirms a purchase of tickets from a Buyer, Seller is responsible for fulfilling the order with the exact tickets that the Seller listed. The Seller may not list tickets that are invalid, fraudulent, counterfeit, or misrepresented tickets.

For all tickets you list as the Seller, you warrant that your descriptions of the tickets accurately detail and describe the tickets offered for sale. If you, at any time, deliver invalid, fraudulent, or misrepresented tickets, Midgets with Tickets reserves the right to cancel the order.

Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to you, the Buyer, to verify the most recent changes. Please contact the box office or refer to local listings for any changes.

Midgets with Tickets does not guarantee any information provided by Buyers or Sellers in the Seller Feedback areas.

As a Buyer, you grant Midgets with Tickets permission to charge your credit card for the listing fee which will be shown to you at the time of purchase. As a Seller, you grant Midgets with Tickets permission to charge your credit card for the listing fee if you sell your tickets or, at any time, fail to deliver the tickets you've listed or deliver invalid, fraudulent, counterfeit, or misrepresented tickets.

You grant Midgets with Tickets a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to Midgets with Tickets in connection with your use of Midgets with Tickets and its Services. You agree that Midgets with Tickets shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a Midgets with Tickets user) in connection with the content in conjunction with Midgets with Tickets marketing, promotion and publicity efforts in any media known now or in the future.

Midgets with 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 payment, delivery and shipment of tickets, is the responsibility of the Seller and Buyer. If you have a dispute with one or more registered users, you release Midgets with Tickets and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from 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.

You agree not to use the Midgets with Tickets website to (a) contact other Midgets with Tickets users, (b) invite contact with other Midgets with Tickets users, (c) solicit sales outside of Midgets with Tickets, or (d) initiate or engage in transactions (either purchases or sales) outside of Midgets with Tickets. Midgets with Tickets is not responsible for any damages or lost profits that result from Midgets with Tickets users directly contacting other Midgets with Tickets users or for any damages or lost profits resulting from transactions conducted outside of Midgets with Tickets, including transactions that originate at Midgets with Tickets and are taken offline.

As 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.

You agree not to use abusive language or behave in an abusive manner to any Midgets with Tickets employee or customer.

You 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.

You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the selling of tickets. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including Midgets with Tickets copyrights and trademarks, and/or link to the Site without Midgets with Tickets prior written permission.

You may post your ticket for sale in other marketplaces but are required to remove your ticket from the Site immediately if your ticket sells elsewhere. Except as provided herein, you agree not to promote the sale of tickets through any site other than Midgets with Tickets without express permission from Midgets with Tickets. We reserve the right to prohibit users from posting tickets at Midgets with Tickets if they are not able to provide the exact tickets that were posted at Midgets with Tickets. If you, at any time, fail to deliver the tickets you've listed or deliver invalid, fraudulent, or misrepresented tickets, Midgets with Tickets reserves the right to cancel your account.

The sale of stolen property on Midgets with Tickets is strictly forbidden, and violates state, federal and international law. Midgets with Tickets strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Midgets with Tickets. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

The Buyer name and address information is provided to Sellers for the sole purpose of shipping the specific purchased ticket (s) and may not be used by the Seller for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). If you are a Seller, you agree not to include in your shipment to the Buyer any promotional or other commercial material that is not provided or approved by Midgets with Tickets. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than Midgets with Tickets, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason.

We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price you paid for a ticket.

Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for Midgets with Tickets. Midgets with Tickets is not obligated to pay you for any sales or purchases.

You agree that Midgets with Tickets may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Midgets with Tickets will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. Midgets with Tickets does not monitor, obtain, nor have any knowledge of the face value of tickets listed on the Site.

You agree to indemnify and hold Midgets with Tickets and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Midgets with Tickets and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.

No Warranty. Midgets with Tickets provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Midgets with Tickets makes no warranty with respect to its software, any tickets, any event, the services Midgets with Tickets provides, or that sellers or buyers will perform as promised, and Midgets with Tickets expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

Waiver of Consequential Damages; Liability Limit. Midgets with Tickets expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site.

You agree that Midgets with Tickets is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Midgets with Tickets and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Midgets with Tickets that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Midgets with Tickets.

Midgets with Tickets reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. Midgets with Tickets is never, for any reason, responsible for tickets listed on the site that do not sell, including tickets that remain unsold during a site outage.