Lyte Terms of Service

Effective: December 12, 2019

Lyte Seller terms of service

These Lyte Ticket Selling Service Terms of Service (these “Terms”) are entered into between Lyte, Inc., a Delaware corporation (“Lyte” or “we” or “us”), and you (“you”). These Terms govern your use of the lyte.com website (the “Lyte Website”), and the Lyte Ticket Selling Service accessed through the Lyte Website (the “Service”). You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the Lyte Website or the Service. If you do not agree to these Terms, do not use the Lyte Website or the Service. Your use of the Lyte Website and the Service is also governed by the Lyte Privacy Policy.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LYTE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

  1. Your Use of the Service
    1. The Service allows you (a) to submit to us a request for a buyback purchase offer for an unused ticket to a sports, music, theatre or other event (each, a “Ticket”) that you would like to sell, and (b) if we agree to purchase the Ticket and you agree to our proposed Ticket purchase price and, when prompted, you transfer your Ticket to us in the manner specified by us through your use of the Service, to sell the Ticket to us (this selling option, the “Standard Method”). Where this selling option is available as specified through the Service, the Service also allows you (a) to use a Ticket offer link made available through the Service to offer the Ticket to third-party purchasers, at a price determined by you (subject to certain restrictions, if so specified to you through the Service), and (b) if a third-party purchaser agrees to purchase the Ticket at the specified price and, when prompted, you return your Ticket in the manner specified by us through your use of the Service, to authorize us to sell the Ticket on your behalf to the third-party purchaser (this selling option, the “Escrow Method”). You agree that, if you offer of a Ticket using the Escrow Method, and no third-party purchaser has yet purchased the Ticket, we have the right to purchase the Ticket from you at your specified price, in which case you must transfer your Ticket to us in the manner specified by us.
    2. To submit a Ticket to the Service using the Standard Method, you must request a buyback purchase offer price through the Service. We will instantly notify you whether we are willing to purchase your Ticket and, if so, at what price. The price quoted to you will be net of all fees incurred by us for providing the Service. If you accept our proposed purchase price and when prompted, transfer the Ticket through the Service, and provided that you comply with these Terms and that the applicable event is not cancelled or postponed, we will initiate a transfer of the purchase price to your PayPal account (or, if this payment method is not available, to pay you the purchase price using another payment method) not later than one business day after the date of the applicable event. You acknowledge and understand that there may be a delay, after we initiate the transfer via PayPal, before PayPal credits your account with the transferred funds. You agree to be subject to Paypal’s applicable terms of service and privacy policy available at:
      https://www.paypal.com/us/webapps/mpp/ua/legalhub-full
    3. To offer a Ticket for sale using the Escrow Method, you must request and use a Ticket offer link provided through the Service. We will notify you when either (a) a third-party purchaser has clicked on the link and communicated to us his or her agreement to purchase the Ticket at your specified price or (b) we have elected to purchase the Ticket at your specified price. In either case, the price paid to you will be your specified purchase price less a fee charged by us for your use of the Service. We reserve the right to cancel any listings using the Escrow Method before a third-party purchaser has agreed to purchase a ticket. If we notify you that we or a third-party purchaser has elected to purchase the Ticket, and if you, when prompted, return the Ticket through the Service, and provided that you comply with these Terms and that the applicable event is not cancelled or postponed, we will initiate a transfer of the purchase price (net of our fee) to your PayPal account (or, if this payment method is not available, to pay you the net purchase price using another payment method) not later than one business day after the date of the applicable event. You acknowledge and understand that there may be a delay, after we initiate the transfer via PayPal, before PayPal credits your account with the transferred funds.
    4. In either the Standard Method or the Escrow Method, you are able to reduce the amount that you receive, and Lyte will contribute that reduced amount to Plus1, a third-party 501(c)(3) organization (“Donation Option”). Plus1 will then donate that amount (less 10% to pay for Plus1 overhead) to the designated social cause. Plus1 reserves the right to contribute to an alternate charitable organization if such cause is no longer available. You make such election by selecting a percentage of your ticket sales via the Donation Option tab when submitting your ticket under either the Standard Method or Escrow Method. By selecting the Donation Option, a portion of your ticket sales will be deducted by Lyte and contributed to Plus1 (“Donation Funds”).

      YOU ARE NOT DIRECTLY CONTRIBUTING THE DONATION FUNDS TO PLUS1 AND ARE NOT ELIGIBLE TO USE THE DOLLAR VALUE AMOUNT OF THE DONATION FUNDS AS A WRITE-OFF FOR YOUR TAXES.
    5. For more information on Plus1 and the work it does, and the terms of such donation, please visit: http://plus1.org/. We are not responsible for how Plus1 administers or contributes these Donation Funds, for Plus1’s operations, or any information provided by Plus1. Please contact Plus1 directly if you are interested in how it operates, its community partners, or any other informational that may be relevant to this Donation Option.
    6. In the event that, in our reasonable judgment, we decide to investigate a possible violation of these Terms or our policies, including without limitation a complaint received from a subsequent third-party purchaser of your Ticket, you agree to cooperate fully with such investigation and to provide 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. We reserve the right to suspend a payment to you for a Ticket purchased by us pending our investigation. In that case, we will inform you within five business day after the date of the applicable event of our pending investigation.
    7. We reserve the right to withhold a payment to you for a Ticket purchased by us or by a third-party purchaser if: (a) we have a good faith basis to believe you are in material breach of these Terms; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation under Section 1.4; or (c) we are unable, despite our commercially reasonable efforts, to verify or authenticate any material information you provide. If at the time we notify you of the occurrence of one of the events described in the preceding sentence, payment has already been transferred to you, then you agree to promptly return that payment to us.
    8. In addition, we reserve the right to withhold a payment to you (or, if applicable, demand your return of a payment already made to you) for a Ticket purchased by us or by a third-party purchaser if the applicable event is cancelled or postponed in whole or in part. You acknowledge and understand that, if the event is cancelled or postponed, it is your responsibility to request a refund, if one is available, from the original ticket seller or the event organizer. Notwithstanding the foregoing, if the event is cancelled in part (but not in whole) we may, in our sole discretion and without any obligation on our part, work out an agreement with a subsequent third-party purchaser of your Ticket for a partial refund of the price that party paid to us and pay to you a portion of the original purchase price.
  2. Who May Use the Service
    1. You may use the Service only if you meet all of the following eligibility requirements:
      • You must be 18 years or older.
      • You must have access to a compatible computer, smartphone, mobile device or other device that is supported by our platform.
    2. We reserve the right to change eligibility requirements or to terminate any person’s right to use the Service at any time in our sole discretion.
  3. Your Account
    1. To use the Service, you must register through our application to establish an account with us. You are responsible for providing us with accurate information and updating your account as necessary to keep it current. Each person may have only one account, and you may not share your account with any other person. Your account is non-transferrable.
  4. Ticket Acceptance Criteria
    1. We reserve the right, in our sole discretion, to accept for purchase by us or by a third party, or to reject, any Ticket you submit for our review through the Service. We accept only Tickets that are transferable. We will reject Tickets that we determine may not legally be sold in their respective jurisdiction, relate to unlawful activity, are likely to cause illegal, inappropriate or fraudulent behavior by the buyer or the seller, or are likely to infringe intellectual property or other rights of others, and we may reject Tickets for any other reason in our discretion.
  5. Your Covenants, Representations and Warranties
    1. Each time you use the Service, you agree, represent and warrant to us that:
      • You meet all of the eligibility requirements for using the Service.
      • All of the information provided to us in your account and in connection with your use of the Service is current and accurate, and is not fraudulent or misleading.
      • Your use of the Service fully complies with these Terms and with all applicable local, state, provincial, national, and international laws, rules, and regulations.
      • You will not violate any venue or event promoter rules in connection with the Event.
      • You own all rights or have all permissions necessary to sell the Tickets you submit through the Service.
      • You did not obtain the Ticket through fraud or other unauthorized means.
      • Your use of the Service does not infringe the copyright, trademark, trade secret other intellectual property or proprietary rights, or privacy, publicity, or other rights, of any third party.
      • Your use of the Service does not breach any duty of confidentiality that you owe to any third party.
      • Your use of the Service does not involve the sale of counterfeit or stolen items.
      • Your use of the Service does not promote discrimination, hatred or violence against specific groups of people.
      • Your use of the Service does not promote any illegal activities.
      • You are using the Service for your personal, non-commercial use.
    2. You agree that, upon either (i) your acceptance of our offer to purchase a Ticket at our quoted price or (ii) our or a third-party purchaser’s election to purchase a Ticket offered by you through the Escrow Method, ownership of the Ticket will pass to us or the third-party purchaser, and you will (a) not sell or attempt to sell such Ticket to any other third party, (b) use or permit any other third party to use such Ticket, (c) change, cancel or invalidate such Ticket, or (d) take any other action inconsistent with our or the third-party purchaser’s rights to such Ticket. You agree that, upon either (i) your acceptance of our offer to purchase a Ticket at our quoted price or (ii) our or a third-party purchaser’s election to purchase a Ticket offered by you through the Escrow Method, you will promptly forward to us, via email sent to sell@lyte.com, all communications received by you, before or after your sale of the Ticket, from the event organizer, ticket seller or any other third party that is materially relevant to the holder of the Ticket, including without limitation informational communications and communications that grant additional rights or privileges (such as VIP access and amenities).
    3. You agree that Lyte and/or third parties own all right, title and interest in and to the Lyte Website and the Service, including without limitation all applicable intellectual property rights. You agree that you will not, and will not allow any third party to, (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Service, (c) use the Service to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (d) remove, obscure, or alter Lyte’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service.
    4. You agree that you will not (a) engage in any activity that interferes with or disrupts the Lyte Website or the Service (or the servers and networks that are connected to the Service), (b) use the Service in a way that interferes or disrupts any servers, networks, or websites operated by us or any third-party or (c) use any data mining, “bots,” “spiders” or similar data gathering and extraction tools.
  6. Our Provision of the Service
    1. You agree that we may stop (permanently or temporarily) providing the Service to you or to users generally at our sole discretion, without prior notice to you.
    2. You agree that we may suspend any payment distribution of payments to your account using our third party payment processor if without limitation we reasonably suspect that the Service was used by your or any third party (i) in violation of these Terms, (ii) in violation of applicable law, or (iii) to commit or attempt to commit any fraud upon Lyte or any third party. If we suspend any payment distribution to you, we will notify you as soon as practicable unless we are prohibited from doing so as required by applicable law.
  7. Third-Party Websites
    1. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites, resources or links displayed on such websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Lyte Website links, and that link to the Lyte Website. We do not have any control over those third-party websites, and are not responsible for their contents or their use. By linking to a third-party website, we do not represent or imply that we endorse such website. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of any third-party website.
  8. Your Personal Information
    1. In order to use the Lyte Website or the Service, you may be required to provide information about yourself such as your name, email address, telephone number and PayPal payment account information (“Personal Information”). You agree that any Personal Information you provide to us will always be accurate, correct and up to date. All Personal Information provided will be subject to the Lyte Privacy Policy.
  9. Indemnification
    1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Lyte, its affiliates and their respective directors, officers, employees and agents from and against any and losses, liabilities, damages, costs and expenses (including reasonable attorneys fees or any other related legal costs) arising out of any claims, actions, suits or proceedings related to (a) your use of the Lyte Website or the Service, (b) your breach of these Terms or (c) your violation of applicable laws or the rights of any third party.
  10. Modifications to Terms
    1. We may make changes to these Terms from time to time. We may post such modified Terms on the Lyte Website or communicate modifications by email or text messages. Your continued use of the Lyte Website or the Service following the posting or communication of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms, or any modified versions thereof, you may not use the Lyte Website or the Service.
  11. Export Restrictions; Tax Laws
    1. The Service may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service, and that the reporting and payment of any such applicable taxes are your responsibility.
  12. Disclaimer of Warranties
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE LYTE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE LYTE WEBSITE AND THE SERVICE.
  13. Limitation of Liability
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE LYTE WEBSITE OR THE SERVICE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED THE GREATER OF (I) $50, OR (II) YOUR AGGREGATE NET TICKET SALES FOR SIX MONTHS PRECEEDING THE DATE OF SUCH LOSS.
  14. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Lyte are not required to arbitrate will be the state and federal courts located in the Central District of California, and you and Lyte each waive any objection to jurisdiction and venue in such courts.

  15. Dispute Resolution.
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Lyte agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Lyte are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
    2. Exceptions and Opt-out. As limited exceptions to Section 15(1) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [insert email address] or by regular mail at [insert postal address] within thirty (30) days following the date you first agree to these Terms.
    3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
    4. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
    5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
    6. Class Action Waiver. YOU AND LYTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    7. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Lyte changes any of the terms of this Section 15 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to [insert email address]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lyte’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lyte in accordance with the terms of this Section 15 “Dispute Resolution” as of the date you most recently accepted these Terms.
    8. Severability. With the exception of any of the provisions in Section 15(8) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
  16. General Legal Terms
    1. These Terms and the Lyte Privacy Policy constitute the whole legal agreement between you and us and govern your use of the Lyte Website and the Service, and completely replace any prior agreements between you and us in relation to the Lyte Website and the Service.
    2. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
    3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
    4. We may assign or transfer these Terms at any time. You may not assign or transfer these Terms, or any of your rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
    5. These Terms and your relationship with us under these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located within San Francisco, California to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    6. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Lyte Website or the Service.