Terms of Use for My Phillies Tickets

These Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of The Phillies and/or Phillies Florida LLC (hereinafter collectively, the "Phillies") My Phillies Tickets online functionality ("My Phillies Tickets"), and all of the services provided by it (collectively, the "Services") which are offered on or available through the pages of this website (this "Website") and our partner websites as set forth herein. By registering to use the Services, you acknowledge that you have read and understand this Agreement and you expressly agree to comply with and be bound its terms. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement among you, the Phillies and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or the Phillies may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this Website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this Website or otherwise use the Services after such terms are posted. This Agreement was last revised on June 10, 2015.

By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of the Phillies, as such may be amended from time to time, including, without limitation, those terms and conditions printed on each Phillies game admission ticket ("Ticket"), (2) the terms, conditions and policies set forth in the My Phillies Tickets Help Screens, (3) the Terms of Use and Privacy Policy generally applicable to this Website and the websites of each of the Phillies and Major League Baseball ("MLB"), collectively referred to herein as the "MLB.com Websites", each of which is incorporated as part of this Agreement by this reference. In addition to the foregoing, when you use the StubHub ticket resale marketplace and services (the "StubHub Marketplace"), you will be bound to the terms of the User Agreement and Privacy Policy applicable to the StubHub.com website (the "StubHub Website") and the StubHub Marketplace. StubHub is the official online secondary ticketing provider for MLB.com and the Phillies. You are encouraged to read all applicable Terms of Use, User Agreements and Privacy Policies before you engage in any transaction on My Phillies Tickets and/or the StubHub Marketplace. By engaging in a transaction on My Phillies Tickets, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, you represent the same to be true:

1. Eligibility and Registration. If you wish to list a Ticket from your My Phillies Tickets account to sell such Ticket on the StubHub Marketplace, to use the Forward function of My Phillies Tickets ("Forward"), or to purchase a Ticket Auction ("Auction") you must first register with My Phillies Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Phillies Tickets and accessing the Services, you are representing to us you are at least 18 years of age. The Phillies or Tickets.com may suspend or terminate your My Phillies Tickets account if you are not qualified to use the Services.

2. Phillies Ticket Holders and Applicable Games. Not all Ticket account holders of record are authorized by the Phillies to use My Phillies Tickets to sell any Ticket on the StubHub Marketplace, to act on any Ticket through Ticket Forward or to purchase Ticket Auctions. In addition, the Phillies reserve the right to determine which Ticket account holders of record are eligible to utilize the Services and/or to use My Phillies Tickets to sell any Ticket on the StubHub Marketplace. Finally, only Tickets designated by the Phillies may be listed from a My Phillies Tickets account to be sold on the StubHub Marketplace, sent through Ticket Forward or purchased in a Ticket Auction.

3. Accuracy of Information. You agree, and by using the Services you represent and warrant that the information you provide to anyone in connection with your use of the Services (including, without limitation, the Phillies, MLB Advanced Media L.P. ("MLBAM") or StubHub) is true and accurate in all respects. None of Tickets.com, the Phillies, MLBAM or StubHub guarantees the truth or accuracy of any statements or representations made by My Phillies Tickets users. None of Tickets.com, the Phillies, MLBAM or StubHub will be liable or bear any responsibility for statements made by other My Phillies Tickets users.

4. Specific Terms Governing Selling and Buying Tickets Through My Phillies Tickets. If you sell a Ticket through the StubHub Marketplace, in addition to the Terms of Use specifically applicable to the StubHub Website and the StubHub Marketplace, you agree to be bound by the following terms:

A. Selling a Ticket.

    1. Non-Authorized Ticket Holders. Non-authorized Ticket account holders are not authorized to sell any Tickets on the StubHub Marketplace through My Phillies Tickets, even if such Ticket[s] were previously bought through the StubHub Marketplace.


    2. Seller and Buyer. You agree that when you use My Phillies Tickets to access the StubHub Marketplace in order to sell any Ticket, each of those transactions is between you and other My Phillies Tickets or StubHub users, as applicable, and that none of the Phillies, Tickets.com or MLBAM are parties to any such transaction. The sole purpose of the Phillies, Tickets.com and MLBAM is to provide the technology to facilitate the sale of your Ticket[s] through your use of the Services. None of the Phillies, Tickets.com or MLBAM is acting as an agent for either the buyer or seller.


    3. Title to Sold Tickets. After you have posted a Ticket on the StubHub Marketplace from your My Phillies Tickets account and a buyer has elected to purchase that Ticket, title to the Ticket will automatically be transferred to the buyer. None of the Phillies, Tickets.com or MLBAM will ever take title to a Ticket during the course of a Ticket sale. A Ticket sale is complete when a buyer agrees to buy a Ticket that has been sent from the seller's My Phillies Tickets account to a buyer on the StubHub Marketplace. When a seller posts a Ticket for sale on the StubHub Marketplace, the seller is authorizing the Phillies and Tickets.com to invalidate the barcode imprinted on that Ticket and to issue a new Ticket to the buyer with a replacement barcode upon completion of the sale. The sales price of the Ticket and any other applicable fees and charges will be charged to the buyer's credit card upon completion of the sale. All Ticket sales are final and not revocable by the seller or the buyer.


    4. Seller's Risk of Loss. No assurances can be made that a buyer will complete a Ticket purchase. A seller bears all risk of loss if, for any reason, a buyer fails to make payment for any Ticket purchase.


    5. Timing of Payment. Upon completion of a sale on the StubHub Marketplace, a seller will receive a payment from StubHub in accordance with the terms of the StubHub User Agreement. Please refer to the StubHub Seller Q&A for more detail on timing of payments.


    6. No Use of Sold Tickets. After a Ticket is sold on the StubHub Marketplace and deactivated that Ticket will no longer be valid for any purpose, including admission to the game designated on that Ticket. Any attempt to use any deactivated Ticket may result in the seller's loss of eligibility to use My Phillies Tickets and the revocation of the seller's Season Ticket account, at the discretion of the Phillies. None of the Phillies, Tickets.com, MLBAM or StubHub will be liable for any damage, loss or claim relating to anyone's use or attempted use of any deactivated Ticket.


    7. Cancelled Games. After a seller has sold a Ticket to a game through the StubHub Marketplace, if that game is cancelled, StubHub will issue a refund to a buyer in accordance with the terms of the StubHub User Agreement. Please refer to the StubHub Buyer Q&A for more detail on refund policies.

B. Buying a Ticket.

    1. Ticket Seller. None of the Phillies, Tickets.com or MLBAM is the seller of any Ticket that you purchase through the StubHub Marketplace. The sole purpose of Tickets.com, the Phillies and MLBAM is to provide the technology to facilitate the sale of a Ticket to you through the StubHub Marketplace.


    2. Service and Other Charges. Any and all fees assessed to a Ticket purchase above the listed Ticket price on the StubHub Marketplace are at the discretion of StubHub and subject to change without notice. None of the Phillies, Tickets.com or MLBAM is acting as an agent for either the buyer or seller.


    3. Cancelled Games. If a game is cancelled after a buyer completes a purchase of a Ticket to that game through the StubHub Marketplace, StubHub will issue a refund to the buyer in accordance with the terms of the StubHub User Agreement. Please refer to the StubHub Buyer Q&A for more detail on refund policies.


    4. Rescheduled Games. If a game is rescheduled after you purchase a Ticket for that game, the Ticket you purchased will remain valid and use of such Ticket will be subject to those policies applicable to Phillies Ticket holders generally, as the Phillies may amend such policies from time to time. You are not entitled to a refund or to otherwise retract your purchase of the Ticket because the game was rescheduled and it is your responsibility to verify any changes to the information printed on the Ticket, including the date and time of the game.

5. Specific Terms Governing Use of Ticket Forward. If you forwrd Tickets through Ticket Forward, you agree to be bound to the following terms. If you are a ticket account holder of record and are transferring Tickets, you are referred to below as the “Sender”. If you are receiving forwarded Tickets, you are referred to below as the “Recipient”.

  • Forwarding Tickets. If you are a Sender, you may forward one or all of your Season Tickets to a home game to any person, provided the Recipient has a valid email address. You authorize the Phillies and Tickets.com to cancel and deactivate each Ticket you forward and to reissue a valid Ticket to the Recipient.


  • Receiving Forwarded Tickets. If you are a Recipient, a new Ticket with a replacement barcode will be issued to you for any tickets forwarded to you. Tickets that have been forwarded to you are only valid for the game imprinted on the Tickets, and are only for your own personal use.


  • Use of Original Ticket After Ticket Forward. Any attempt to use any deactivated Ticket may result in the disqualification of the Sender from use of the Services and revocation of the Sender's Season Ticket account and neither the Phillies, Tickets.com nor MLBAM will be liable for any damage, loss or claim relating to the use, or attempted use of any deactivated Ticket.


  • Rescheduled Games. If you are a Recipient, if the game is postponed or rescheduled, use of your Ticket[s] will be subject to those policies applicable to Phillies Ticket holders generally, as the Phillies may amend such policies from time to time.


  • Cancelled Games. Tickets for cancelled games will be subject to those policies applicable to Season Ticket holders generally, as such policies may be amended by the Phillies from time to time. You understand that Phillies games may be cancelled from time to time and that neither the Phillies, Tickets.com nor MLBAM are responsible for any loss or damage in connection with such cancelled games.

    • 6. Termination of Participation. The Phillies may, in its sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if the Phillies determine that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Phillies Tickets participants, (C) you have violated any policy, rule, regulation or direction of the Phillies relating to either the Phillies and/or Citizen Bank Park, as each may be amended from time to time by the Phillies in its sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. None of Tickets.com, the Phillies or MLBAM will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future game dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to the Phillies, Tickets.com or MLBAM at law or in equity may be taken against you.

    7. Legality of Transaction. None of the Phillies, Tickets.com, or MLBAM makes any assurance that the Services or the StubHub Marketplace complies with applicable federal, state, municipal or other local law or regulation. Users of the Services and/or the StubHub Marketplace assume all risk in connection with any transaction conducted with the Services and/or on the StubHub Marketplace, including without limitation, any sale and purchase of a Ticket through the StubHub Marketplace.

    8. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on any of this Website, the MLB.com Websites or the StubHub Website is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever.

    9. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NONE OF TICKETS.COM, THE PHILLIES, OR MLBAM WARRANT THAT (A) THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THIS WEBSITE, THE MLB.COM WEBSITES OR THE STUBHUB WEBSITE (OR ANY SERVERS THAT MAKE THE SERVICES AND/OR THE STUBHUB MARKETPLACE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE PHILLIES, TICKETS.COM OR MLBAM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES AND/OR THE STUBHUB MARKETPLACE ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, THE PHILLIES, MLBAM, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, THE PHILLIES OR MLBAM WILL CREATE A WARRANTY OF ANY KIND.

    10. LIMITATION OF LIABILITY. NONE OF TICKETS.COM, THE PHILLIES, MLBAM, OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, THE PHILLIES OR MLBAM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MY PHILLIES TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES AND/OR THE STUBHUB MARKETPLACE WHATSOEVER.

    11. INDEMNITY. EACH PERSON WHO USES THE SERVICES AND/OR THE STUBHUB MARKETPLACE AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND/OR THE STUBHUB MARKETPLACE AND THEIR USE.

    12. Compliance with Laws. You agree that you will not use the Services or the StubHub Marketplace for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding ticketing, including but not limited to ticket resale.

    13. No Guarantee of Security. None of Tickets.com, the Phillies or MLBAM guarantees secure access to either the Phillies or the My Phillies Tickets Website and none of the Phillies, Tickets.com or MLBAM assures the security of any information provided by you in connection with the Services or the StubHub Marketplace.