Terms and Conditions

Terms and Conditions

Terms of Use for My Tickets™ These Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the My Tickets online functionality ("My Tickets"), and all of the services provided by it (collectively, the "Services"), to you by Tickets.com, Inc. ("Tickets.com") in conjunction with My One Buffalo ("My One Buffalo"). By registering to use the Services, you acknowledge that you have read and understand this Agreement and expressly agree to comply with and be bound by the provisions of this Agreement. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, My One Buffalo and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or My One Buffalo 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 September 1, 2017.

By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of My One Buffalo and/or Tickets.com, as such may be amended from time to time, including, without limitation, those terms and conditions printed on My One Buffalo event admission tickets ("Tickets"), (2) the terms, conditions and policies set forth in the My Tickets Frequently Asked Questions, (3) the Terms of Use and Privacy Policy applicable to My One Buffalo official website(s) 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 keybankcenter.com and My One Buffalo. You are encouraged to read all applicable Terms of Use, User Agreements and Privacy Policies before you engage in any transaction on My Tickets and/or the StubHub Marketplace each of which is incorporated as part of this Agreement by this reference. Specifically, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, represent the same to be true:

1. Eligibility and Registration. In order to transfer a Ticket from your My Tickets account to sell such Ticket on the StubHub Marketplace or to forward Tickets through the Ticket Forward function of My Tickets ("Ticket Forward"), you must first register with My Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Tickets, and accessing the Services, you are representing to us that you are at least 18 years of age. My One Buffalo or Tickets.com may suspend or terminate your My Tickets account if you are not qualified to use the Services.

2. My One Buffalo Season Ticket Holders and Applicable Events. Only season Ticket account holders of record, as determined by My One Buffalo whose decisions shall be final, are eligible to be Sellers using the StubHub Marketplace through My Tickets. If you are engaged in the business of reselling tickets, you are not eligible to use the Services. My One Buffalo reserve the right to determine the eligibility of season ticket account holders of record to utilize the Services, and to disqualify any user for any reason. Only Tickets for KeyBank Center, designated by their affiliates from time to time, may be sold on the StubHub Marketplace or forwarded through Ticket Forward. Individual game Tickets that are not purchased through a season Ticket account may not be sold on the StubHub Marketplace using My Tickets.

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, My One Buffalo or Tickets.com) is true and accurate in all respects. Neither Tickets.com nor My One Buffalo guarantee the truth or accuracy of any statements or representations made by My Tickets users. Neither Tickets.com nor My One Buffalo, nor StubHub will be liable or bear any responsibility for statements made by other My Tickets users.

4. Specific Terms Governing Selling and Buying Tickets Through the StubHub Marketplace. If you sell or buy a Ticket through 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 Tickets, even if such Ticket[s] were previously bought on the StubHub Marketplace.
    2. Seller and Buyer. You agree that when you use My Tickets to access the StubHub Marketplace in order to sell any Ticket, each of those transactions is between you and other My Tickets or StubHub users, as applicable, and that neither My One Buffalo nor Tickets.com are parties to any such transaction. The sole intent of My One Buffalo and Tickets.com is to provide the technology to facilitate the sale of your Tickets through your use of the Services. Neither My One Buffalo nor Tickets.com are 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 Tickets account and a buyer has elected to purchase that Ticket, title to the Ticket will automatically be transferred to the buyer. Neither My One Buffalo nor Tickets.com 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 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 My One Buffalo 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. A seller will receive one warning if any attempt is made to use such seller's Ticket after such Ticket has been deactivated. Any subsequent attempt to use any deactivated Ticket following such warning may result in the seller's permanent loss of eligibility to use My Tickets and the revocation of the seller's season Ticket account. None of My One Buffalo, Tickets.com 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 Events. After a seller has sold a Ticket to a game, 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. Neither My One Buffalo nor Tickets.com are the seller of any Ticket that you purchase through the StubHub Marketplace. The sole intent of Tickets.com and My One Buffalo is to provide the technology to facilitate the sale of a Ticket to you through MyTickets on 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. Neither My One Buffalo nor Tickets.com are acting as an agent for either the buyer or seller.
    3. Obligation to Complete Purchase. You agree that time is of the essence with respect to all Ticket purchases. All title, rights and obligations with respect to any Ticket will pass from the seller to you upon completion of a Ticket purchase. Any failure by you to pay for Ticket[s] purchased through the StubHub Marketplace may result in your permanent disqualification from further use of the StubHub Marketplace, the StubHub Website, or any of the other Services offered through My Tickets, at My One Buffalo' discretion.
    4. Cancelled Events. If a game is cancelled after you complete your purchase of a Ticket to that game, 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.


5. Specific Terms Governing Use of Ticket Forward. If you forward Tickets through Ticket Forward, you agree to be bound to the following terms. If you are forwarding Tickets, you are referred to below as the "Sender". If you are receiving forwarded Tickets, you are referred to below as the "Recipient".
a. Forwarding Tickets. If you are a Sender, you may forward your Tickets to an event to any person, provided that the Recipient has a valid email address. You authorize My One Buffalo and Tickets.com to cancel and deactivate each Ticket that you forward and to reissue a valid ticket to the Recipient.
b. 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 event imprinted on the Tickets, and are only for your own personal use. You may not resell any Ticket that you received through Ticket Forward.
c. Use of Original Ticket After Forward. The Sender will receive one warning if anyone attempts to use a deactivated Ticket. Any subsequent attempts to use a deactivated Ticket following such warning may result in the permanent disqualification of the Sender from use of the Services and revocation of the Sender's season Ticket account and neither My One Buffalo nor Tickets.com will be liable for any damage, loss or claim relating to the use, or attempted use of any deactivated Tickets.
d. Rescheduled Events. If you are a Recipient, if the event is postponed or rescheduled, use of your Tickets will be subject to those policies applicable to My One Buffalo Ticket holders generally; as My One Buffalo may amend such policies from time to time.
e. Cancelled Events. Ticket Forwards for events that are cancelled will be reversed. Tickets that were forwarded will be deactivated and will no longer be valid. Tickets for cancelled events will be subject to those policies applicable to Ticket holders generally; as such policies may be amended by My One Buffalo from time to time. You understand that My One Buffalo events may be cancelled from time to time and that neither My One Buffalo nor Tickets.com are responsible for any loss or damage in connection with such cancelled events.

6. Termination of Participation. My One Buffalo may, in their 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 My One Buffalo 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 Tickets participants, (C) you have violated any policy, rule, regulation or direction of My One Buffalo relating to either My One Buffalo and/or First Niagara Center, as each may be amended from time to time by My One Buffalo in their 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. Neither Tickets.com nor My One Buffalo will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (A) you will cease use of the Services, (B) any of your Ticket transactions for future event dates will be cancelled, (C) set-offs and debits may be taken against your account, and (D) any other actions available to My One Buffalo or Tickets.com at law or in equity may be taken against you.

7. Legality of Transaction. Neither My One Buffalo nor Tickets.com make any assurance that the Services or the StubHub Marketplace comply 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 Market.

8. Trademarks. All trademarks are the property of their respective owners and are used with permission. No ownership or other rights in or to the trademarks and copyrighted material contained on this Web site are 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. NEITHER TICKETS.COM NOR MY ONE BUFFALO 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, MY ONE BUFFALO' WEBSITE 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. NEITHER MY ONE BUFFALO NOR TICKETS.COM 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, MY ONE BUFFALO, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM OR MY ONE BUFFALO WILL CREATE A WARRANTY OF ANY KIND.

10. LIMITATION OF LIABILITY. NEITHER TICKETS.COM NOR MY ONE BUFFALO, OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES 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 OR MY ONE BUFFALO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MY TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, MY ONE BUFFALO, OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS 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 MY ONE BUFFALO, TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES 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. Neither Tickets.com nor My One Buffalo guarantee secure access to either My One Buffalo or the My Tickets Website and neither My One Buffalo nor Tickets.com guarantee the security of any information provided by you in connection with the Services or the StubHub Marketplace.

14. Password Use. In order to use the Services, you will be required to register with My Tickets, and as part of such registration, you will receive a user name and password. You are solely responsible for maintaining the confidentiality of your username and password and are solely responsible for all actions that occur under your username and password.

15. General. This Agreement will be governed in all respects by the laws of the State of New York without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Buffalo, New York, pursuant to the applicable rules for consumer disputes as promulgated by the American Arbitration Association and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to My One Buffalo or Tickets.com under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy.

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