Fanlyst User Agreement

Welcome to FanLyst! By accessing or using our website (the 'Site'), our mobile applications and associated services (collectively, the 'Services'), you agree to be bound by this FanLyst User Agreement.

1. Using Fanlyst

FanLyst is a listing service that automatically posts your tickets on multiple second-market ticket marketplace sites. FanLyst does not own the tickets you list with us but simply acts as a medium allowing you to reach more buyers. Tickets are listed by and through FanLyst's accounts with each online ticket marketplace site on your behalf.

Fees

Listing tickets through FanLyst is free. When your ticket sells on any one of our Partner Sites, you will charged only 10% of the gross sale price of your ticket(s); that 10% includes the selling commission due to the site on which your tickets sold, and there are no additional charges or fees. You will be paid 90% of the gross sale of your tickets, as calculated for you on the Review page in the listing process as well as in your personal dashboard when logged in to your FanLyst account. Payments are made exclusively via PayPal and issued within five (5) business days after the date of which your ticket(s) sell, i.e. the sale date.

Listing Tickets

By listing your ticket(s) with FanLyst, you authorize FanLyst to list and sell your tickets on your behalf and according to the listing price you assign to said ticket(s). Under no circumstances may you list speculative tickets (tickets you do not currently have in your possession) and all tickets listed through FanLyst must be owned by the individual listing said ticket(s). Your ticket will be active and available for sale until you either remove it from the FanLyst site or it sells on one of our Partner Sites. By listing your ticket(s) through FanLyst, you agree not to list or otherwise make your tickets available for purchase elsewhere, and agree to be held responsible for the reasonable costs associated failing to comply with this agreement. FanLyst reserves the right to refuse to list ticket(s) without cause. Upon the sale of your tickets on selling site, FanLyst will email you to confirm your sale and indicate which Partner Site sold your tickets. You hereby agree to be responsible for any consequences and damages resulting from your failure to deliver valid tickets corresponding to your ticket listing details. By listing tickets through FanLyst, you represent that you are at least 18 years old and have the legal capacity to contract as necessary to facilitate, execute and validate a sale of your ticket(s).

Fradulent or defective tickets

Fraudulent tickets are strictly prohibited from being listed through FanLyst without exception. As such, anyone listing tickets through FanLyst represents that the information presented as ticket details are accurate relative to an actual ticket they own. In the event that a ticket is found to be fraudulent or defective in any way such that the buyer of that ticket is prevented from gaining access to an event for which the corresponding ticket was purchased due to the defect in said ticket, FanLyst will charge you an amount equal to the replacement ticket(s) cost charged to FanLyst by the involved online marketplace site, whatever it may be. You agree to cooperate with a Partner Site and FanLyst in determining fault for a fraudulent and/or defective ticket. You agree that you will be bound, after the necessary investigative process concludes, by the selling Partner Site’s determination with respect to fault. Replacement ticket costs, and therefore the fees you may be accountable for, can be up to 250% of the original ticket(s) listing price. FanLyst expressly reserves the right to collect the replacement cost from the user by and through any reasonable and customary means. User acknowledges and agrees that, in the event that User's ticket(s) sell but are determined to be invalid, fraudulent or otherwise ineffective in allowing the ticket(s) buyer from gaining access to the subject event, User will forfeit any and all deposits secured and retained by FanLyst as of that date, not to exceed the penalty amount assessed to User for the costs associated with a bad sale and/or failure to adhere to User's obligations under this Agreement.

Taxes

You are solely responsible for the payment of any applicable taxes resulting from your ticket sales; please check the appropriate federal, state and local (based on where you live, i.e. county/municipality) laws setting forth what, if any, taxes you are responsible for paying after selling your tickets. You agree to provide FanLyst with your Social Security Number or other tax identification number if necessary for FanLyst to provide information to the Internal Revenue Service ("IRS") or other tax authorities related to payments you receive from us and further authorize FanLyst to release that information to the IRS or other tax authority. Upon the sales of your ticket(s) listed through FanLyst, you are hereby informed that you may have a potential legal obligation to pay any applicable local amusement tax in connection with the sale of your ticket(s), pursuant to 815 ILCS 414 1.5(e)(7)(B).

Site Changes Availability

FanLyst 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. FanLyst performs regularly scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.

Event Cancellations, Postponements, and other event changes

Cancellation: If an event is cancelled or a contingent event (e.g. playoff game) does not occur, we will remove the relevant listings and email you about the cancellation. The Buyer will receive a full refund and the Seller will, if he received payment, be charged the amount he received for the original sale. If a Seller needs his tickets to obtain a refund of the original purchase, he must reply to FanLyst's cancellation email within two weeks of the event cancellation.

Postponement: If an event is postponed and rescheduled, FanLyst will work with Buyers on a case-by-case basis attempting to resolve any ticket issues. Sellers cannot resell, invalidate or change the tickets for the rescheduled event. If a venue requires new tickets for rescheduled events, sellers are expected to deliver the new tickets. FanLyst reserves the right to cancel orders if new tickets are required. Refunds will not be issued for postponed events (unless they are ultimately cancelled).

Other changes: FanLyst is not responsible for partial performances, or venue, line-up, date, or time changes. No refunds will be issued in these instances.

2. Abusing FANLYST

When using the Site or the Services, you agree that you will not do any of the following:

• Contact or invite contact with other FanLyst users for any reason other than the purpose for which you received the FanLyst user's contact information or solicit sales outside of FanLyst;

• Violate any venue or event promoter rules at events or violate any applicable third party terms of service (for instance, when using our mobile applications);

• Use our Services if you are not able to form legally binding contracts (for example if you are under 18);

• Use the Site or the Services for unlawful purposes or in an unlawful manner;

• Use FanLyst's trademarks without our written permission;

• Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of FanLyst and the appropriate third party, as applicable;

• Commercialize any FanLyst application or any information or software associated with such application;

• Export or re-export any FanLyst application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions;

• Use any robot, spider, scraper, or other automated means to access our Site for any purpose without our express written permission;

• Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Site;

• Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services; or

• Do anything else that FanLyst determines, in its sole discretion, misuses the Site or Services or otherwise negatively impacts our marketplace

In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.

User Content and Ideas

User Content

You own and are solely responsible for any content that you submit to FanLyst ('User Content').

By submitting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant FanLyst the right to use your name or image in association with your User Content, if we so choose.

You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify FanLyst for any and all claims resulting from your User Content.

FanLyst has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and FanLyst will not be liable for its use or disclosure.

Ideas

If you submit ideas, suggestions, documents, and/or proposals ('Ideas') to FanLyst, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that FanLyst may have something similar to the Ideas under consideration or in development.

4. Protecting intellecual property rights

FanLyst respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people's intellectual property rights, we will terminate your account when appropriate.

5. Consequences

If we believe you are abusing FanLyst in any way (including, by way of example only, suspected violations of the User Agreement or applicable law, and actions that fail to comply with the letter or spirit of our policies (e.g., by deliberately exploiting any policy loopholes)), we may investigate and you are obligated to cooperate. We may take any action that we deem appropriate in our sole discretion for such abuse. These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the ticket(s) to the Buyer within a specified time, withholding a payment to you, or charging the payment method on file for amounts you owe us or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally required. In addition, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

6. Privacy and Communications

All communications between you and FanLyst are private and will not be shared in any way with third-parties.

7. Applicable Law

Except as otherwise stated, the Agreement shall be governed by the laws of the State of Illinois.

8. Transactions involving tickets to events in Illinois

Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association ('AAA') under its rules and procedures. The AAA's rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement and all incorporated Policies. Buyers and Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.

9. Disclaimer and Warranties; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF FANLYST'S SITE AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. FANLYST MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY LISTINGS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FANLYST (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES;

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU..

REGARDLESS OF THE PREVIOUS PARAGRAPHS, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.

QUESTIONS OR COMPLAINTS

If you have questions or concerns about FanLyst or the terms of our User Agreement, you can contact us by completing the form on the Contact Us page.

FanLyst, Inc.
45 Grace Court, Lemont, Illinois 60439
Toll Free Assistance Number: (866) 633-3005
support@fanlyst.com