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OPENDATE DISTRIBUTION TERMS OF SERVICE
Effective as of March 6, 2026
THESE OPENDATE DISTRIBUTION TERMS OF SERVICE (these “Opendate Distribution Terms of Service”) and the rights and obligations contained in it are in addition to and are incorporated into the Opendate General Terms of Services Agreement (“Terms of Service”), the Opendate Ticketing Services Agreement (the “Ticket Services Agreement”) and the Opendate Privacy Policy (“Privacy Policy”). This Agreement governs the use of the Opendate Distribution feature made available by Opendate to Organizers and outlines the use of third-party marketplaces and platforms to sell or resell ticket (“Opendate Distribution”). Capitalized terms that are not defined in these Opendate Distribution Terms of Service have the definition provided in the Ticketing Services Agreement. In addition, the headings and subheadings throughout this Opendate Distribution Terms of Service, are for convenience only and will not restrict or affect any provisions, and are not legal guidance.
BY ACCEPTING OUR AGREEMENT, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE TERMS OF SERVICE, THE TICKETING SERVICES AGREEMENT AND THE PRIVACY POLICY, EACH HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, WE WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU WILL BE UNABLE TO ACCESS THE OPENDATE DISTRIBUTION FEATURE. OPENDATE RETAINS SOLE DISCRETION TO APPROVE OR DENY ACCESS TO THE OPENDATE DISTRIBUTION FEATURE OR ITS PLATFORM AND SERVICES WITHOUT NOTICE OR EXPLANATION.
2. Pricing & Fees
By enabling Opendate Distribution, Organizer acknowledges and agrees that tickets distributed through Opendate Distribution are subject to various fees, which may include fees charged to the buyer, fees charged to Organizer, or both, including but not limited to partner marketplace fees, processing fees, and service fees. Opendate has no control over the fees charged by Third Party Marketplaces and such fees are subject to change. These fees are in addition to any fees charged by Organizer or by Opendate under the applicable Order Form or Ticketing Services Agreement.
3. Inventory Management
By enabling Opendate Distribution, Organizer acknowledges and agrees that Organizer is solely responsible for ensuring that ticket inventory made available through Opendate Distribution is accurate and up to date. Opendate will use commercially reasonable efforts to sync inventory with Third Party Marketplaces in near real time; however, Opendate does not warrant uninterrupted or error-free synchronization and Organizer acknowledges that delays, interruptions, or failures may occur due to Third Party Marketplace outages, API limitations, or other technical issues outside Opendate’s reasonable control. This provision supplements the disclaimers set forth in the Master Agreement and the Ticketing Services Agreement. Overselling due to manual inventory adjustments by Organizer is solely the responsibility of Organizer, and Organizer’s obligation to address any resulting refunds or adjustments shall be governed by the Ticketing Services Agreement and applicable Marketplace Terms. In the event of overselling caused solely by a verified failure of Opendate’s own platform (and not by any act or omission of Organizer or a Third Party Marketplace), Opendate’s sole liability shall be as set forth in Section 13 of the Ticketing Services Agreement.
4. Refunds and Chargebacks
By enabling Opendate Distribution, Organizer acknowledges and agrees that refunds related to tickets sold through Opendate Distribution are subject to the applicable policies of such Third Party Marketplace and Opendate will not have any liability for such refunds. Chargebacks initiated by consumers for tickets purchased through Third Party Marketplaces will be handled by the applicable Third Party Marketplace in accordance with its Marketplace Terms and payment scheme rules. To the extent any marketplace chargeback results in Opendate being required to repay all or a portion of proceeds previously remitted to Organizer, Organizer shall promptly reimburse Opendate for such amounts, consistent with Organizer’s obligations under Section 1.5 of the Ticketing Services Agreement. Opendate will use commercially reasonable efforts to notify Organizer of any material chargeback activity on its marketplace-sold tickets.
5. Settlement
By enabling Opendate Distribution, notwithstanding any payment terms in any applicable Order Form, the Terms of Service, the Ticketing Services Agreement or any other written agreement between Organizer and Opendate to the contrary, Organizer understands and agrees that proceeds from tickets sold through Opendate Distribution will be initiated to Organizer within five business days after Opendate has actually received the applicable settled funds from the Third Party Marketplace, less any applicable fees, chargebacks, or deductions. Opendate’s obligation to remit is expressly conditioned upon receipt of cleared funds from the applicable Third Party Marketplace. Organizer further acknowledge and agrees such payouts will occur following the applicable event unless provided earlier by the third party in its sole discretion. In the event that a Third Party Marketplace fails to remit proceeds to Opendate for any reason, including insolvency, fraud, or policy enforcement, Opendate shall have no obligation to remit such proceeds to Organizer. Opendate will use commercially reasonable efforts to pursue recovery of such funds and will remit any recovered amounts to Organizer, net of reasonable recovery costs, promptly upon receipt. This provision supplements (and, with respect to marketplace proceeds, supersedes) the payment provisions of the Ticketing Services Agreement.
6. Revocation
Organizer understands that Organizer may disable Opendate Distribution at any time. Disabling distribution will remove unsold inventory from partner marketplaces but will not affect tickets already sold through those channels.
7. Liability
By enabling Opendate Distribution, Organizer acknowledges and agrees that Opendate is not responsible for any third party errors, delays, policy changes, suspensions, terminations, or other actions by Third Party Marketplaces. Organizer acknowledges that any disputes arising from sales on Third Party Marketplaces will be subject to the applicable Marketplace Terms, and Opendate is not a party to and has no obligation to participate in such disputes. The limitation of liability set forth in Section 13 of the Ticketing Services Agreement applies in full to all claims arising out of or related to Opendate Distribution.
8. Representations
By enabling Opendate Distribution, Organizer represents and warrants that (a) the person enabling Opendate Distribution is duly authorized to act on behalf of Organizer and to bind Organizer to these terms and conditions; (b) such enabling does not violate any third-party exclusivity or other ticketing agreement to which Organizer is a party; and (c) the representations and warranties set forth in Section 7 of the Ticketing Services Agreement extend to and cover Organizer’s use of Opendate Distribution and the tickets made available through Opendate Distribution.
9. Data Sharing
By enabling Opendate Distribution, Organizer acknowledges that Opendate will share event information, ticket data, and, to the extent required by applicable Marketplace Terms, purchaser information with Third Party Marketplaces for order fulfillment purposes. Such sharing is governed by Opendate’s Privacy Policy. Organizer represents that its own privacy policy discloses the possibility of data sharing with third-party distribution partners.
9. Other Agreements
Except as expressly set forth herein, the terms and conditions of the applicable Order Form, Terms of Service, and Ticketing Services Agreement to which Organizer is a party will continue in full force and effect. In the event of any conflict between these terms and conditions and the applicable Order Form, Terms of Service and Ticketing Services Agreement with respect to the Opendate Distribution feature (including without limitation with respect to payment, payout, and settlement timelines), these terms and conditions shall control.
10. Amendments
Opendate reserves the right to modify or update these Opendate Distribution Terms of Service at any time. Opendate will provide Organizer with at least thirty (30) days' advance notice of any material changes by posting the updated terms and conditions at the URL incorporated into the applicable Order Form and, where practicable, by providing notice through the Opendate platform or via email to the address associated with Organizer's account. The updated terms and conditions will identify the effective date of the revision. Organizer's continued use of Opendate Distribution after the effective date of any such modification constitutes Organizer's acceptance of the modified terms and conditions. If Organizer does not agree to the modified terms and conditions, Organizer's sole remedy is to disable Opendate Distribution prior to the effective date of the modification. Opendate will maintain a version history of these terms and conditions, and prior versions will be available upon request.