Thank you for using Eventzilla. By using the Eventzilla.net website, mobile application, or related services (collectively, “Service”) owned by Eventzilla Corporation (the “Company”), you hereby agree to be bound by these Terms of Service (“Terms”) in full and without modification.
The terms and conditions page was updated on May 21, 2018.
(a) - The Company reserves the right to update, replace or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://www.eventzilla.net/en/terms-conditions.
(b) - The Company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any user.
(c) - The Company may discontinue the Service or any aspect thereof at any time and without notice.
2. Privacy and Consumer Information
2.2 - If you are a Seller you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) potential or actual Customers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) potential or actual Customers.
3. Your Account
(a) - In order to use all of the features of the Service, you may be required to register for a user Account (the “Account”). You agree to keep your Account password secure and to be responsible for all actions and purchases made through your Account. You further agree that:
i. - You are at least 13 years of age.
ii. - You have never been banned from the Service.
iii. - All information you submit to the Service, including your full legal name, valid email address, and other information, is accurate, complete, and truthful, and will at all times be kept updated.
iv. - You will not share your Account with any other person. Your Account may only be used by one person. A single Account shared by multiple people is not permitted.
v. - You are responsible for all text, images, videos, sound clips, or other content (collectively, “Content”) posted by your Account. You will not post Content that is illegal, offensive, or designed to harass any other person.
vi. - You will not use the Service to violate the intellectual property rights of any other person.
vii. - You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
viii. - You will not hack, reverse engineer, decompile, index, scrape, misuse, or interfere with the Service, its network, or its users.
iX. - You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
(b) - We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
(c) - Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Company customer, employee, member, or officer will result in immediate account termination.
(a) - The Service functions as a marketplace that allows ticket seller users who are hosting events (“Sellers”) to sell tickets directly to ticket purchaser users (“Purchasers”) for the Seller's events (“Events”). The Company does not host, endorse, or have any affiliation with any of the events. By hosting or attending an event, you acknowledge and agree that the Company will not be held responsible for the event.
(b) - Technical support is only provided via email, phone, and live chat on an as-available basis.
(c) - You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(d) - You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) - The Company will automatically charge a service charge of $1.00 USD (adjusted at the conversion rate for international currencies as determined solely by the Company) at the time of any purchase for any Event. As a Purchaser, you agree to pay the full price for the Event plus the $1.00 USD service charge per ticket, if the seller chooses to pass on the Eventzilla service charge to you. As a Seller, you agree to pay the $1.00 USD service charge per ticket if you choose to absorb the service charge.
(c) - The Company will charge credit card processing fees to Purchasers in the case of payments made through Eventzilla Payments. In the case of other online payment providers, sellers will pay the payment processing fees directly to their payment provider.
(d) - Payments made through other payment provider or payment methods (including but not limited to wire transfers, check or cash) may be offered in the sole discretion of the Seller for any Event. In such cases, the Company will forward an invoice for collection of the fees owed by the Seller. Invoices will be sent via email to the Seller's registered email address on a monthly basis and are due and payable within 15 days of receipt of the invoice. In case of non-receipt of payments, the Company may terminate the account including all current events and might also take other measures to recover the dues as appropriate.
6. Refunds and Cancellations
(a) - Because the Service is merely a marketplace for Sellers and Purchasers, the Company does not offer refunds for any purchases made. Sellers may set their own refund and cancellation policies for their Purchasers. Purchaser must contact Seller directly for refund and cancellation requests and information. Purchaser shall request a refund from the Seller responsible for the Event in question within 72 hours of the Event end date. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.
(b) - Purchasers and Sellers will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, except as provided for in this Section 5(b).
i. - The Company will refund service charges for test orders.
ii. - The Company may, in its sole discretion, offer refunds of the service fees for Events that are cancelled if such event payments were processed with a Payment Provider. The Company will refund both the service fees and credit card processing fees for Events that are cancelled if such Event payments were processed with Eventzilla Payments.
iii. - Sellers must contact the Company directly to request any refund under this Section 5(b). Purchasers must contact Sellers to arrange for refund requests.
7. Copyright Policy
Eventzilla prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
The Company Corporation
19C Trolley Square
Wilmington, DE 19806
When contacting us, please make sure that you include the following information:
(a) - a statement that you have identified content on Eventzilla that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
(b) - a description of the copyright work(s) that you claim have been infringed;
(c) - a description of the content that you claim is infringing and the Eventzilla URL(s) where such content can be located;
(d) - your full name, address and telephone number, a valid email address on which you can be contacted, and your Eventzilla user name if you have one;
(e) - a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) - a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
(g) - with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
(h) - your electronic or physical signature (which may be a scanned copy).
Eventzilla will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Section 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
8. Repeat Infringer Policy
(a) - In accordance with the DMCA and other applicable laws around the world, Eventzilla has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Eventzilla to be a "repeat infringer." A repeat infringer includes, without limitation, a user who has been notified by Eventzilla of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Eventzilla may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(b) - In addition, Eventzilla accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
9. Limitation of Liability and Disclaimers
(a) - The Service is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose or merchantability. Without limiting the foregoing, the Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
(b) - Sellers, and not the Company, are solely responsible for hosting, promoting, planning, and conducting the Events. In no event shall the Company be liable to any person (including Purchasers and Sellers) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of (i) any Event or (ii) the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
(c) - As a Purchaser, you agree to use caution when attending or participating in any Event. You acknowledge and agree that the Company does not screen, vet, or otherwise endorse any Event and that the Company is merely a marketplace. The Company cannot be, and is not, responsible for safety at any Event.
(a) - You agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) - your involvement or attendance at any Event; (b) your breach of these Terms or the documents referenced herein; or (b) your violation of any law or the rights of a third party.
11. Attorney Fees
In the event that Eventzilla is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Eventzilla’s attorneys' fees and costs.
12. Jurisdiction and Choice of Law; Dispute Resolution
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
13. Arbitration Provision/No Class Action
Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of New Castle, or the United States District Court for the District of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of New Castle, or the United States District Court for the District of Delaware.
14. Chargebacks and Additional Payment Terms
(b) - For Indian Rupee (INR) transactions, Any credit card chargebacks initiated by any user for any reason, with the exception of fraudulent use of the credit card, shall be charged back to such user. The Company shall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with The Company; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by the Company within thirty (30) days, the Company reserves the right, at its sole discretion, to terminate these Terms and to cancel all other Events listed by you and / or to pursue other legal avenues to recover the monies owed by you.
(c) - In the event of a chargeback made through Eventzilla Payments (other than pursuant to Section 8(b)), WePay will coordinate the chargeback investigation and refund policy. Chargebacks made through Payment Provider (other than pursuant to Section 8(b)) will be the responsibility of the Seller.
15. Intellectual Property
(a) - You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “Eventzilla," for any purpose other than those expressly permitted in this Agreement. The Company reserves all rights to its all intellectual property.
(c) - You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any public material you post to the Site or share with the Company.
(a) - The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
(b) - If any dispute arises between you and the Company during your use of the Service or thereafter, in connection with and arising from your use or attempt to use the Service, the dispute shall be referred to arbitration. The place of arbitration shall be Wilmington, Delaware US. The arbitration proceedings shall be in the English language. These Terms shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law.
(c) - Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
i. - Our postal address is: Eventzilla Corporation, 19C Trolley Square, Wilmington, DE 19806
(d) - Questions about the Terms of Service should be sent to firstname.lastname@example.org