TickPick Creators — User-Generated Content Terms & Conditions

Last updated on October 28th, 2025

THESE TICKPICK CREATORS – USER-GENERATED CONSENT TERMS & CONDITIONS ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THESE TICKPICK CREATORS – USER-GENERATED CONSENT TERMS & CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE TICKPICK PLATFORM. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW THE SECTION TITLED “ARBITRATION; WAIVER OF JURY TRIAL AND CLASS OR OTHER NON-INDIVIDUALIZED RELIEF” FOR MORE INFORMATION. THESE TERMS LIMIT TICKPICK’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Acceptance of Terms

By submitting any content via TickPick Creators platform (“Platform”) and checking the “Grant Usage Permissions” box, you ("Contributor") have read, understand, and agree to be bound to these TickPick Creators – User-Generated Content Terms & Conditions (“TickPick Creators – UGC Terms”) and you acknowledge that you have read and understand our Privacy Policy. Also, you hereby confirm that you are a U.S. resident and have the legal capacity to enter into these TickPick Creators – UGC Terms. If you do not agree to be bound by these TickPick Creators – UGC Terms, you may not access or use the Platform.

  1. Definition of UGC

“User‑Generated Content” (“UGC”) refers to any images, photos, videos, or other media you submit via the Platform.

  1. Scope

These TickPick Creators – UGC Terms only apply to the Platform. They do not apply to TickPick’s other platform, products, and services, such as its digital ticket marketplace, its website, or its mobile application.

  1. Updates to These TickPick Creators – UGC Terms and the Platform

TickPick may revise these TickPick Creators – UGC Terms and will post updates to the Platform and such updates shall automatically replace and supersede the terms of these TickPick Creators – UGC Terms and will be effective immediately upon posting. It is important that you review these TickPick Creators – UGC Terms whenever they are updated before continuing to use the Platform. Your continued use of/submission to the Platform constitutes acceptance of any changes to these TickPick Creators – UGC Terms. Do not continue to use the Platform if you do not agree with these TickPick Creators – UGC Terms.

You acknowledge and agree that TickPick may modify (or otherwise discontinue) the Platform (or any portion thereof) in any way and at any time, with or without notice. TickPick shall have no liability for any such change or discontinuance. You further acknowledge and agree that, while TickPick has attempted to provide accurate information on the Platform, such information may change frequently and in no event will TickPick be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date.

  1. Personal Information

TickPick’s collection and use of personal information in connection with the Platform is defined and described in TickPick’s privacy policy located here, which may be amended from time to time (“Privacy Policy”). TickPick’s Privacy Policy is incorporated into and forms part of these TickPick Creators – UGC Terms.

By using the Platform, you agree not to use or provide any false personal information. Additionally, you agree not to use or permit anyone to use information provided through the Platform for any unlawful or unauthorized purpose.

  1. Registering an Account

In order to use certain aspects of the Platform, you may be required to register for and maintain an active personal account with TickPick (an “Account”). To register for an Account, you must: (a) provide true, accurate and complete data that is requested, which may include your legal and current name and address, your phone number, an active email address, a valid credit or debit card, and other information requested at registration; (b) agree to accept the terms and conditions of this Agreement. You agree to keep current the information you provided upon registration. You agree to not create an account using a false identity or information or on behalf of anyone other than yourself (and you agree that violation of the foregoing will result in a fee of not less than $50,000).

You may only use the Platform 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. If you are a parent or guardian of a child or minor ward under the age of 18 (or the age of legal majority in your jurisdiction), by allowing your child or minor ward to obtain an Account or use the Platform, you as the parent or guardian are subject to these TickPick Creators – UGC Terms and are fully liable and responsible for your child’s or minor ward’s activities (including any activities relating to their Account or use of the Platform). You agree not to create an Account if you have been previously banned from the Platform or are barred from using the Platform under the laws of the United States. We may refuse your registration for any reason.

  1. Ownership & Grant of Rights

  • You retain ownership of the UGC you submit.

  • You grant TickPick a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, transferable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and otherwise exploit your UGC in any media—now known or later developed—for any commercial or promotional purpose, including advertising, marketing, and promotional materials, without additional compensation. You must have all necessary rights to grant these licenses.

  1. Compensation

  • TickPick may, at its sole discretion, award TickPick credit to Contributors whose submissions are deemed valuable for future use.

  • The granting of credit is not guaranteed, and no minimum or specific amount is promised.

  • TickPick credit has no cash value, cannot be redeemed for cash, is non-transferable, and may only be used in accordance with TickPick’s applicable credit policies.

  • By submitting UGC, you acknowledge that you are not entitled to wages, royalties, or other compensation, unless explicitly awarded at TickPick’s discretion in the form of credit.

  1. Moral Rights / Attribution

You waive any moral rights, including the right to attribution or integrity of the UGC. While attribution is not required, TickPick may credit you where feasible.

  1. Representations & Warranties

You represent and warrant that:

  • You are the sole creator/owner of the UGC and have the full rights necessary to grant the above license.

  • The UGC is original and does not infringe any third-party intellectual property, proprietary, or privacy rights (i.e., copyright, trademark, privacy, publicity, or other rights), and is not defamatory, obscene, unlawful, or harmful.

  • If applicable, you have obtained all necessary releases from individuals depicted in the UGC, including minors (and where minors are involved, these releases are signed by a parent/guardian).

  1. Contributor Conduct

You agree that you will not, and will not permit anyone else to:

  1. Interfere or attempt to interfere with the proper functioning of the Platform or connect to or use the Platform in any way not expressly permitted by these TickPick Creators – UGC Terms;

  2. Systematically retrieve data or other content from the Platform 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;

  3. Use, display, mirror or frame the Platform, or any individual element within the Platform, TickPick's name, any TickPick trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TickPick's express written consent;

  4. Use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Platform or that is in transit from or to the Platform, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Platform;

  5. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Platform, whether through the use of a network analyzer, packet sniffer or other device;

  6. Make any automated use of the Platform, or take any action that imposes or may impose (in TickPick's sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Platform;

  7. Bypass any robot exclusion headers or other measures TickPick takes to restrict access to the Platform, or use any software, technology or device to send content or messages, scrape, spider or crawl the Platform, or harvest or manipulate data;

  8. Use, facilitate, create, or maintain any unauthorized connection to the Platform, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Platform; or (ii) any connection using programs, tools or software not expressly approved by TickPick;

  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform, or to obtain any information from the Platform;

  10. Copy, reproduce, republish, upload, post, transmit, or distribute the Platform; 

  11. Share or sell information derived from or related to the Platform; 

  12. 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;

  13. Use the Platform 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;

  14. 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 the Platform to send altered, deceptive or false source-identifying information;

  15. 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");

  16. Harm any other person in any way (including, but not limited to, submitting or posting any content or information that is libelous, defamatory, derogatory, intimidating, discriminatory, or otherwise objectionable regarding any other person);

  17. Impersonate any person or entity, including, but not limited to, TickPick personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  18. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

  19. Register for more than one account or register for an account on behalf of an individual other than yourself;

  20. Stalk or otherwise harass any other user or employee of our the Platform;

  21. Contact any TickPick personnel through their social media, personal email or cell phone;

  22. Submit or include links in any postings containing material that is harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes or contains the image or likeness of individuals under 18 years of age, drugs or drug use, or violence; or

  23. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

  1. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD TICKPICK, 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, LITIGATION, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, TAXES, COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF LITIGATION), AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (A) PERSONAL INJURY, BODILY INJURY (INCLUDING FATAL INJURY TO), OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER; (B) ANY BREACH OF THESE TICKPICK CREATORS – UGC TERMS, INCLUDING, WITHOUT LIMITATION ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO TICKPICK; (C) ANY TRANSMITTED INFORMATION, INCLUDING WITHOUT LIMITATION ANY ALLEGATION THAT ANY INFORMATION YOU SUBMIT OR TRANSMIT TO OR THROUGH THE PLATFORM INFRINGES ON OR OTHERWISE VIOLATES THE COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; (D) YOUR ACTIVITIES IN CONNECTION WITH THE USE OF THE PLATFORM (INCLUDING ANY MISUSE, UNAUTHORIZED USE, OR NEGLIGENT USE THEREOF); (E) ANY THIRD-PARTY CLAIM REGARDING UGC OR ITS USE; (F) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY; (G) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS; AND/OR (H) ANY DISPUTES OR CLAIMS BETWEEN YOU AND ANY OTHER USER. TICKPICK 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 TICKPICK IN ASSERTING ANY AVAILABLE DEFENSES.

  1. Prohibited Content & Moderation

You agree not to submit any UGC that:

  • Is unlawful, defamatory, obscene, harassing, hateful, or harassing based on protected characteristics;

  • Promotes self-harm or illegal activity;

  • Contains nudity, graphic violence, or content intended to shock; or

  • Violates any third party intellectual property, proprietary, or privacy rights.

TickPick reserves the right to remove or refuse any UGC that violates these guidelines or is otherwise objectionable, at its sole discretion.

  1. DMCA & Safe Harbor

TickPick respects copyright. If notified of infringing content, we will respond per the Digital Millennium Copyright Act (“DMCA”) and applicable law.

  1. Disclaimers and Limitation of Liability

TickPick shall use commercially reasonable efforts to provide continuous access to the Platform pursuant to these TickPick Creators – UGC Terms. TickPick does not guarantee that the Platform will be accessible at all times. The Platform may be unavailable during maintenance periods or during any emergency. In addition to normal maintenance, there may be events that will make the Platform inaccessible for a limited amount of time due to unforeseen circumstances. TickPick has the right to refuse access to the Platform. TickPick has the right to cease offering the Platform (or any portion thereof) at any time and in TickPick’s sole discretion.

NO WARRANTIES: EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, THE PLATFORM AND THE MATERIALS CONTAINED ON OR IN THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TICKPICK DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, 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. TICKPICK DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE THEREON. TICKPICK 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 PLATFORM IS 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 TICKPICK IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TICKPICK 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.

LIMITATION OF TYPES AND AMOUNTS OF LIABILITY: EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, NEITHER TICKPICK 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 PLATFORM.

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TICKPICK AND ANY OTHER “INDEMNIFIED PARTY” SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (A) ANY ACTION OF ANOTHER CONTRIBUTOR OF THE PLATFORM; (B) 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 PLATFORM, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TICKPICK; (C) ANY UNAUTHORIZED ACCESS; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; AND/OR (F) ANY ERROR, MISTAKE, INACCURACY, OR OMISSION IN THE PLATFORM (OR ANY MATERIALS CONTAINED IN OR ON THE PLATFORM), OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PLATFORM (OR ANY CONTENT CONTAINED IN OR ON THE PLATFORM).

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPLICITLY PROVIDED FOR HEREIN, TICKPICK’S AGGREGATE LIABILITY TO YOU AND TO ANY THIRD PARTY RELATING TO THESE TICKPICK CREATORS – UGC TERMS (INCLUDING ANY USAGE BY YOU OF THE PLATFORM) SHALL BE LIMITED TO $100. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SHALL NOT APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATIONS.

THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TICKPICK AND YOU. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. EACH OF THE LIMITATIONS ON TYPES AND AMOUNTS OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TICKPICK CREATORS – UGC TERMS. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TICKPICK THROUGH THE PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TICKPICK CREATORS – UGC TERMS.

  1. Arbitration; Wavier of Jury Trial and Class or Other Non-Individualized Relief

THIS SECTION SETS FORTH THE TERMS OF AN ARBITRATION AGREEMENT BETWEEN YOU AND TICKPICK. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TICKPICK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

INFORMAL DISPUTE RESOLUTION. YOU AGREE TO GIVE TICKPICK AN OPPORTUNITY TO RESOLVE ANY DISPUTES INFORMALLY BY SENDING TICKPICK WRITTEN NOTICE. IF YOU ASSERT A DISPUTE AGAINST TICKPICK, YOU WILL FIRST CONTACT TICKPICK BY SENDING WRITTEN NOTICE (“CLAIMANT NOTICE”) TO SUPPORT@TICKPICK.COM. THE CLAIMANT NOTICE MUST (I) INCLUDE YOUR NAME, ADDRESS, USER NAME (IF ANY), EMAIL ADDRESS YOU USED TO SET UP YOUR ACCOUNT (IF ANY), AND TELEPHONE NUMBER; (II) DESCRIBE THE NATURE AND BASIS OF THE DISPUTE; AND (III) SET FORTH THE SPECIFIC RELIEF SOUGHT. YOU AGREE TO GIVE TICKPICK AN OPPORTUNITY TO RESOLVE ANY DISPUTE THROUGH AN INFORMAL DISPUTE RESOLUTION PROCESS WITHIN SIXTY (60) DAYS AFTER RECEIPT OF A CLAIMANT NOTICE. IF WE CANNOT REACH AN AGREEMENT TO RESOLVE THE DISPUTE WITHIN SIXTY (60) DAYS AFTER EMAIL RECEIPT OF A CLAIMANT NOTICE, THEN YOU SHALL HAVE THE RIGHT TO SUBMIT THE DISPUTE TO BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS SET FORTH BELOW. THE STATUTE OF LIMITATIONS AND ANY FILING FEE DEADLINES SHALL BE TOLLED FOR SIXTY (60) DAYS FROM THE DATE THAT EITHER YOU OR TICKPICK RECEIVE A CLAIMANT OR TICKPICK NOTICE SO THAT THE PARTIES CAN ENGAGE IN THIS INFORMAL DISPUTE RESOLUTION PROCESS.

APPLICABILITY OF ARBITRATION AGREEMENT. SUBJECT TO THE “INFORMAL DISPUTE RESOLUTION” SUBSECTION, YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE TICKPICK, TO ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE TICKPICK, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH TICKPICK, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT (A) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY; AND (B) YOU OR TICKPICK 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 THESE TICKPICK CREATORS – UGC TERMS.

ARBITRATION RULES AND FORUM. SUBJECT TO THE “INFORMAL DISPUTE RESOLUTION” SUBSECTION, 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, TICKPICK WILL PAY THEM FOR YOU. IN ADDITION, TICKPICK 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.

AUTHORITY OF ARBITRATOR. SUBJECT TO THE “INFORMAL DISPUTE RESOLUTION” SUBSECTION, 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 TICKPICK. 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 THESE TICKPICK CREATORS – UGC 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.

WAIVER OF JURY TRIAL. YOU AND TICKPICK 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 TICKPICK ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCESS AND, WHERE APPLICABLE, ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN SECTION 20.2 ABOVE. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TICKPICK CREATORS – UGC TERMS 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.

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, THEN THAT 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.

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: TICKPICK LEGAL DEPARTMENT, 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 TICKPICK USERNAME (IF ANY), THE EMAIL ADDRESS YOU USED TO SET UP YOUR TICKPICK 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 THESE TICKPICK CREATORS – UGC TERMS 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.

SEVERABILITY. EXCEPT AS PROVIDED IN THE “WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF” SUBSECTION, 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.

SURVIVAL OF AGREEMENT. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH TICKPICK.

MODIFICATION. NOTWITHSTANDING ANY PROVISION IN THESE TICKPICK CREATORS – UGC TERMS TO THE CONTRARY, WE AGREE THAT IF TICKPICK 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 TICKPICK AT THE FOLLOWING ADDRESS: TICKPICK LEGAL DEPARTMENT, 225 W 34TH ST, STE 1708, NEW YORK, NY 10122.

  1. Term & Termination

These TickPick Creators – UGC Terms remain in effect so long as any UGC is in use by TickPick. TickPick may terminate or modify your rights or these TickPick Creators – UGC Terms at any time, though existing licenses remain valid. Invalid provisions may be severed without affecting the rest.

  1. Disputes and Governing Law & Venue

If any claim, cause of action, controversy, proceeding, or other dispute arises between you and TickPick relating to these TickPick Creators – UGC Terms or the Platform (a “Dispute”), you agree to first give notice to TickPick and engage in good faith negotiations to attempt to resolve any such Dispute for at least 14 days, except that you or TickPick may skip this informal negotiation procedure for any Dispute enforcing, protecting, or concerning the validity of intellectual property rights. These TickPick Creators – UGC Terms are governed by the laws of the State of New York (or the state where TickPick is headquartered), excluding conflicts-of-law principles. Any disputes shall be resolved in the state or federal courts of that jurisdiction, and you submit to their exclusive jurisdiction.

  1. Severability

If any provision is found unenforceable, that provision is severed, and the remainder remains enforceable to the fullest extent allowed by law.

  1. Contact Information

For inquiries related to these TickPick Creators – UGC Terms, UGC usage, or removal requests, please contact: [support@tickpick.com].

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