Effective April 8, 2026
We are Eventus Labs, Inc., d/b/a Eventus (“Eventus,”
"Company," "we," "us,"
"our"). Eventus (together with its affiliates, agents,
representatives, consultants, employees, officers, and directors), a Delaware
corporation, operates the mobile application Eventus (the "App"),
which allows users to offer, transfer, sell, or buy event tickets or
third-party services and enables curators to manage marketing, ticketing,
attendance, and payment collection (collectively, such services, as well as any
other related products and services that refer or link to these legal terms
(the "Legal Terms"), including new features within the App,
together with the App, the "Services").
Portions of the Services are publicly available to all
visitors to the Site (the “Visitors”), whereas other portions of the
Services are available only to registered users with an Account on the Services
(collectively, the “Members”). These Terms of Service (“Agreement”)
applies to both Visitors and Members (collectively, the “Users”).
Please read this Agreement carefully before you start
to use the Services. These Legal Terms constitute a legally binding Agreement
made between you, whether personally or on behalf of an entity ("you"),
and Eventus Labs, Inc., its parents, subsidiaries, representatives, affiliates,
officers and directors, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
BY CLICKING THE “AGREE” BUTTON WHEN CREATING AN ACCOUNT
OR LOGGING IN, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT
AND THE PRIVACY POLICY; REPRESENT THAT YOU HAVE THE AUTHORITY AND ARE FULLY
ABLE AND COMPETENT TO ENTER THIS AGREEMENT ON BEHALF OF YOURSELF OR AN ENTITY;
REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND
ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND THE
PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
We will provide you with prior notice of any scheduled
changes to the Services you are using. Changes to Legal Terms will become
effective thirty (30) days after the notice is given, except if the changes
apply to bug fixes, security updates, and new functionality, in which case the
changes will be effective immediately. By continuing to use the Services after
the effective date of any changes, you agree to be bound by the modified terms.
If you disagree with such changes, you may terminate Services as per the
section "TERM AND TERMINATION. "The Services are intended for users
who are at least 18 years old. Persons under the age of 18 are not permitted to
use or register for the Services.
Eventus
is your all-in-one platform to find events, create unforgettable experiences,
and connect with communities. Whether you're looking for concerts, workshops,
parties, or meetups, Eventus helps you discover what’s happening around you
with ease.
Role of Eventus. Eventus
operates solely as a technology platform that enables Users to create, promote,
discover, and attend Events, and to buy, sell, or transfer tickets.
Eventus
is not an event organizer, ticket seller, broker, or agent for any User,
Organizer, or third party, unless explicitly stated otherwise. Eventus does not
own, create, organize, sponsor, or control any Events listed on the Services,
unless explicitly stated otherwise.
All
transactions, interactions, and agreements relating to Events and tickets occur
directly between Users. Eventus is not a party to any such transactions and
disclaims all liability arising from or related to such transactions to the
fullest extent permitted by law.
You will be required to create an account to use the
Services (your “Account”). You agree to keep your password confidential and
will be responsible for all use of your Account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, in
our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You are solely responsible for maintaining the
confidentiality of your Account and password and for restricting access to your
computer/mobile device. You agree to accept responsibility for all activities,
charges (if applicable), and damages that occur under your Account. If you
discover any unauthorized use of your Account, or other known Account-related
security breach, you must report it to us immediately. You agree that you are
responsible for anything that happens through your Account until you close your
Account or prove that your Account security was compromised due to no fault of
your own. We cannot and will not be liable for any loss or damage arising from
your failure to comply with this section.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Legal Terms; (4) you are not
a minor in the jurisdiction in which you reside; (5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized
purpose; and (7) your use of the Services will not violate any applicable law
or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
Organizer
Obligations. Members who organize and promote events and offer, sell or
otherwise distribute tickets to events (“Events”) through the Services are
referenced herein as Organizers. Organizer represents and warrants that it (a)
is authorized to promote the Event through the Services, that it will obtain
all applicable licenses, permits, and authorizations for such Event
(“Authorizations”) prior to offering, selling, or distributing such Event
tickets through the Services, and that it shall provide evidence of such
Authorizations promptly upon Eventus’ reasonable request from time to time; (b)
will comply with all applicable laws, rules, or regulations related to
Organizer ’s promotion or hosting of such Event, including but not limited to
enforcement of any applicable venue rules or identity verification of Event
attendees; promoting or hosting such Event; and (c) that each of Organizer’s
Event listings is accurate, current, complete, and not misleading or otherwise
deceptive. Organizer understands and agrees that it is solely responsible for
its Events and the Event tickets that it makes available or distributes through
the Services, including posting or making available any applicable terms and
conditions regarding such Events or Event tickets and that it is solely
responsible for any fees or costs incurred in connection with, and for paying
any applicable income, sales, or other taxes that Organizer may be subject to,
as a result of using the Services.
Consumer
Obligations. Users who purchase Event tickets from Organizer from Eventus
through the Services are referenced herein as “Consumers.” Consumer understands
and agrees that (a) Eventus does not sell, and is not responsible for, the
Events promoted on the Services or the Event tickets made available for
purchase on the Services and is merely a content host for such Events; (b)
Events made available through the Services may be subject to the applicable
terms and conditions as stated by the Organizer, and Consumer is responsible
for complying with such Event terms and conditions. Consumer is responsible for
payment of all fees and charges (such as taxes, if applicable and Eventus
processing fees for the transaction) for purchases made on the Services through
Consumer’s Account, and for providing and maintaining current and accurate
payment details in Consumer’s Account.
User
Acknowledgment of Marketplace Platform; Refund Policy. Eventus is not
responsible for any loss or damage arising out of any decisions ultimately made
or implemented based on a User’s use of the Services, including but not limited
to losses or damages relating to attendance at any Events. Eventus has no
control over and does not guarantee the pricing, existence, quality, safety or
legality of any Events or Event tickets, including any related User Content,
promoted on the Services. All purchases made on the Services are subject to the
refund policies of the applicable Organizer and/or Event. Consumers may be able
to request refunds under certain circumstances if permitted by the applicable
Organizer and/or Event, however Eventus processing fees are non-refundable and
will not be included in any refunds processed on the Services, regardless of
the reason for the refund. Consumers may request a refund by contacting the
Organizer of an applicable Event or contacting us at customersupport@eventusapp.com to be put in contact with such Organizer.
User
Interactions. Subject to the terms of the Eventus Privacy Policy, your direct
interactions (if any) with other Users, including the purchase of, sale of,
payment for, and delivery of goods or services, and any other terms,
conditions, warranties, or representations associated with such dealings, are
solely between you and that individual User. Except as otherwise specifically
stated herein, Eventus is not involved in any actual transactions made through
the Services. Eventus is not the agent or representative of any User for any
purpose whatsoever and that it is not responsible for any loss or damage
incurred as the result of any such dealings or with respect to any other User’s
use or disclosure of your personally identifiable information. For details
about our information collection practices, please see our Privacy Policy.
Users are solely responsible for their interactions with other Users. While
Eventus does not control the conduct of Users, we reserve the right to monitor,
investigate, and take action in response to violations of these Legal Terms. To
the fullest extent permitted by law, Eventus disclaims liability for disputes
between Users; however, nothing in these Legal Terms limits liability where it
cannot be excluded under applicable law.
Taxes and
Financial Reporting. Organizers are solely responsible for determining,
collecting, reporting, and remitting any applicable taxes associated with
Events, ticket sales, or other transactions conducted through the Services,
including but not limited to sales tax, use tax, and income tax. Eventus does
not provide tax advice and makes no representations regarding Users’ tax
obligations. To the extent required by applicable law, Eventus may report
transaction data to tax authorities and may issue applicable tax forms (such as
IRS Form 1099-K) to Users based on payment activity conducted through the
Services. Users agree to provide accurate and complete tax and payment
information and acknowledge that failure to do so may result in withholding of
payments or suspension of account functionality. Eventus reserves the right to
withhold, delay, or condition payouts in the event of suspected fraud,
disputes, chargebacks, or violations of these Legal Terms.
In-Person
Event Safety. The Services may facilitate attendance at in-person Events and
interactions between Users. You acknowledge that attending Events and
interacting with other Users involves inherent risks. You agree to use caution
and good judgment when attending Events or interacting with other Users,
including taking appropriate safety precautions. Eventus does not conduct
background checks on Users or verify the safety or suitability of Events or
attendees.
Payment
Processing. Payments made through the Services may be processed by third-party
payment providers. By making or accepting payments through the Services, you
agree to be bound by the terms and policies of such third-party providers.
Eventus does not control and is not responsible for the performance, errors, or
security of third-party payment processors.
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial use or internal
business purpose only.
License Grant: Subject to your compliance with
these Legal Terms, including the "PROHIBITED ACTIVITIES" section
below, we grant you a non-exclusive, non-transferable, revocable license to:
●
access the Services; and
● download
or print a copy of any portion of the Content to which you have properly gained
access,
solely for your personal, non-commercial use or
internal business purpose.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: customersupport@eventusapp.com.
If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or displaying
our Content.
Reservation
of Rights:
Eventus reserves the right to modify, suspend or discontinue all or any aspect
of the Services to anyone for any reason at our sole discretion, with or
without any notice. Eventus reserves the right to modify, suspend, or
discontinue the Services (including, but not limited to, the availability of
any feature, database, or content), whether temporarily or permanently at any
time for any reason. You agree that Eventus shall not be liable to you or to
any third party for any modification, suspension, or discontinuation of the
Services. We may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or
liability. Eventus may, in its sole discretion: (a) cancel unconfirmed
Accounts, duplicate Accounts, or Accounts that have been inactive for a
substantial period of time; (b) delay, refuse to display, or remove content or
listings; (c) remove any special status associated with an Account, and (d)
take technical and/or legal steps to limit or prevent any User’s use of the
Services, including imposing limits on certain features of the Services or
restricting access to parts or all of the Services, in each case without notice
or liability.
Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to
chat, contribute to, or participate in chats, blogs, message boards, online
forums, and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
Submissions and Contributions shall both be considered
“User Content.”
You understand that User Content may be viewable by
other users of the Services and possibly through third-party websites.
When you post User Content, you grant us a license
(including use of your name, trademarks, and logos): By posting any User
Content, you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your User Content (including,
without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, your User Content, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats and through
any media channels.
This license includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions (together, User
Content”) through any part of the Services or making User Content accessible
through the Services by linking your account through the Services to any of
your social networking accounts, you:
●
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or
transmit through the Services any Submission nor post any Contribution that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
●
to the extent permissible by applicable law,
waive any and all moral rights to any such Submission and/or Contribution;
●
warrant that any such Submission and/or
Contributions are original to you or that you have the necessary rights and
licenses to submit such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
● warrant
and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your User Content and
you expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any User Content, we shall have the right to
remove or edit any User Content at any time without notice at our discretion,
including if, in our reasonable opinion, we consider such User Content harmful
or in breach of these Legal Terms. If we remove or edit any such User Content,
we may also suspend or disable your Account.
We respect the intellectual property rights of others
and comply with the Digital Millennium Copyright Act (“DMCA”). If you believe
that any material available on or through the Services infringes upon any
copyright you own or control, please immediately refer to the "COPYRIGHT
INFRINGEMENTS" section below.
You may not access or use the Services for any purpose
other than that for which we make the Services available.
As a user of the Services, you agree not to:
●
Systematically retrieve data or other content
from the Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
●
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords.
●
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
●
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Services.
●
Use any information obtained from the Services
in order to harass, abuse, or harm another person.
●
Make improper use of our support services or
submit false reports of abuse or misconduct.
●
Use the Services in a manner inconsistent with
any applicable laws or regulations.
●
Engage in unauthorized framing of or linking to
the Services.
●
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
●
Engage in any automated use of the system, such
as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
●
Delete the copyright or other proprietary rights
notice from any Content.
●
Attempt to impersonate another user or person or
use the username of another user.
●
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms").
●
Interfere with, disrupt, or create an undue
burden on the Services or the networks or services connected to the Services.
●
Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Services to
you.
●
Harass, annoy, intimidate, or threaten any user
of the Services.
●
Attempt to bypass any measures of the Services
designed to prevent or restrict access to the Services, or any portion of the
Services.
●
Copy or adapt the Services' software, including
but not limited to Flash, PHP, HTML, JavaScript, or other code.
●
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services.
●
Except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other software.
●
Use a buying agent or purchasing agent to make
purchases on the Services.
●
Make any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
● Use
the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
If for any reason we determine that you have failed to
follow these rules, we reserve the right to prohibit any and all current or
future use of the Services by you. If we have reason to suspect, or learn that
anyone is violating this Agreement, we may investigate and/or take legal action
as necessary including bringing a lawsuit for damages caused by the violation.
We reserve the right to investigate and take appropriate legal action,
including without limitation, cooperating with and assisting law enforcement or
government agencies in any resulting investigations of illegal conduct.
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "User Content"). User Content may be
viewable by other users of the Services and through third-party websites. As
such, any User Content you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any User Content, you
thereby represent and warrant that:
●
The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
User Content do not and will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark, trade secret, or moral rights
of any third party.
●
You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Services, and other users of the Services to use your User
Content in any manner contemplated by the Services and these Legal Terms.
●
You have the written consent, release, and/or
permission of each and every identifiable individual person in your User
Content to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your User Content in any
manner contemplated by the Services and these Legal Terms.
●
Your User Content is not false, inaccurate, or
misleading.
●
Your User Content is not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
●
Your User Content is not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
●
Your User Content does not ridicule, mock,
disparage, intimidate, or abuse anyone.
●
Your User Content does not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
●
Your User Content does not violate any
applicable law, regulation, or rule.
●
Your User Content does not violate the privacy
or publicity rights of any third party.
●
Your User Content does not violate any
applicable law concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
●
Your User Content does not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
● Your
User Content does not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
Disclaimer of Content. Eventus acts as a content host
where Users contribute User Content. Accordingly, Eventus does not control and
is not responsible for the User Content posted or submitted through the
Services and Eventus does not guarantee the accuracy, integrity, quality or
appropriateness of any User Content transmitted to or through the Services. All
User Content posted on the Services is the sole responsibility of the person
from whom such User Content originated. Eventus may, but has no obligation to
screen, preview, monitor, or approve any User Content posted or submitted to
the Services. Under no circumstances will Eventus be liable in any way for any
User Content.
Disclaimer of Actions of Users. Eventus does not
endorse and is not responsible or liable for any Events, products or services,
including but not limited to Event tickets, available or unavailable from, or
promoted through, the Services. Your dealings with any other User, and any other
terms, conditions, representations or warranties associated with such dealings,
are between you and such User exclusively and do not involve Eventus. You
should make whatever investigation or other resources that you deem necessary
or appropriate before purchasing from other Members. Eventus is not responsible
for the accessibility or unavailability of any User. Users are solely
responsible for their interactions with other Users. While Eventus does not
control the conduct of Users, we reserve the right to monitor, investigate, and
take action in response to violations of these Legal Terms. To the fullest
extent permitted by law, Eventus disclaims liability for disputes between
Users; however, nothing in these Legal Terms limits liability where it cannot
be excluded under applicable law.
Content Moderation and
Enforcement. Eventus reserves the right, but not the obligation, to
monitor, review, screen, remove, or modify any User Content or Event listings
at any time and for any reason, with or without notice. We may remove or
restrict access to content that we determine, in our sole discretion, violates
these Legal Terms, applicable law, or our community standards, or that we
otherwise deem harmful, misleading, inappropriate, or objectionable. Eventus
further reserves the right to suspend or terminate Accounts, limit
functionality, or take other appropriate action against Users who engage in
behavior that we determine, in our sole discretion, to be unsafe, abusive,
fraudulent, or otherwise inconsistent with the intended use of the Services.
User Safety and Reporting. Eventus provides
tools that allow Users to report content, Events, or other Users that they
believe violate these Legal Terms or applicable law. Users may also have the
ability to block or restrict interactions with other Users through the
Services. We encourage Users to report inappropriate, harmful, or suspicious
behavior. Eventus will review reports and may take action, including removing
content, restricting access, or suspending or terminating Accounts. Eventus
does not guarantee that all content or behavior will be monitored or removed
and is not responsible for the actions of Users; however, we take reasonable
steps to maintain a safe environment.
Platform Fees. Eventus may charge service fees,
transaction fees, payout fees, or other platform-related fees in connection
with the use of the Services, which will be disclosed to you at or before the
time of the applicable transaction, and you agree to pay all such fees, as well
as any applicable taxes.
Prohibited Ticketing Conduct. In connection with the
purchase, sale, listing, or transfer of tickets through the Services, Users
agree that they will not:
List, sell, or transfer tickets
that they do not own or have the legal right to transfer;
List or sell fraudulent,
counterfeit, duplicated, or otherwise invalid tickets;
Misrepresent any material
information about a ticket or Event, including but not limited to date, time,
location, price, or access rights;
Circumvent, avoid, or manipulate
any fees, payment processes, or security measures implemented by Eventus;
Engage in off-platform
transactions or attempt to complete ticket sales or payments outside of the
Services in order to avoid fees or protections;
Use automated means, bots, or
scripts to purchase, reserve, or list tickets;
Violate any Organizer-imposed
restrictions on ticket resale or transfer;
Resell tickets in violation of
applicable laws or regulations, including any restrictions on price or resale
practices;
Interfere with or disrupt the
normal operation of the ticketing marketplace.
Eventus reserves the right, in its sole discretion, to
remove listings, cancel transactions, withhold payouts, suspend or terminate
Accounts, and take legal action against any User who violates this section.
Eventus may cooperate with law enforcement and regulatory authorities in
investigating suspected fraud or illegal activity related to ticketing on the
Services.
Ticket Delivery. All tickets purchased or transferred
through the Services are delivered electronically unless otherwise specified by
the applicable Organizer. Tickets will be made available to the purchasing User
within the Eventus App and/or via the email address associated with the User’s
Account. The method and timing of delivery are determined by the Organizer and
may vary depending on the Event. Users are responsible for ensuring that their
account information, including email address and device access, is accurate and
up to date in order to receive tickets. Eventus is not responsible for failed
delivery of tickets due to incorrect account information, technical issues
outside of Eventus’ control, or User failure to access or retrieve tickets.
Organizers are solely responsible for ensuring that tickets are properly
issued, delivered, and accessible to Users. Eventus does not guarantee that
tickets will be delivered by a specific time or that delivery will be
uninterrupted or error-free. In the event of a delivery issue, Users must
contact the Organizer directly or contact Eventus support for assistance.
Eventus does not guarantee resolution of delivery issues and is not responsible
for any losses arising from delayed, failed, or improper ticket delivery.
Marketplace Integrity and Fraud Prevention. Eventus
is committed to maintaining the integrity of its marketplace. We may monitor
transactions, listings, and User activity for signs of fraud, abuse, or
violations of these Legal Terms. We reserve the right to:
cancel or reverse transactions;
delay or withhold payouts;
request identity verification or
additional information; and
suspend or terminate Accounts,
where we reasonably suspect
fraudulent activity, chargebacks, policy violations, or risks to Users or the
platform.
By posting User Content to any part of the Services or
making User Content accessible to the Services by linking your account from the
Services to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such User Content (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such User Content, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your User Content, and you warrant that
moral rights have not otherwise been asserted in your User Content.
We do not assert any ownership over your User Content.
You retain full ownership of all of your User Content and any intellectual
property rights or other proprietary rights associated with your User Content.
We are not liable for any statements or representations in your User Content
provided by you in any area on the Services. You are solely responsible for
your User Content to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your User Content.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any User Content; (2) to re-categorize
any User Content to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any User Content at any time and for any
reason, without notice. We have no obligation to monitor your User Content.
If you access the Services via the App, then we grant
you a revocable, non-exclusive, non-transferable, limited right to install and
use the App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the App; (8) use the App to send automated queries to
any website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained
from either the Apple Store or Google Play (each an "App
Distributor") to access the Services: (1) the license granted to you for
our App is limited to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in the
terms and conditions of this mobile application license contained in these
Legal Terms or as otherwise required under applicable law, and you acknowledge
that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the event of
any failure of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the App,
and to the maximum extent permitted by applicable law, the App Distributor will
have no other warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is subject
to a US government embargo, or that has been designated by the US government as
a "terrorist supporting" country and (ii) you are not listed on any
US government list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the App, e.g., if you
have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a third-party
beneficiary thereof.
As part of the functionality of the Services, you may
link your account with online accounts you have with third-party service
providers (each such account, a "Third-Party Account") by either: (1)
providing your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Services via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be
available on and through your account on the Services. Please note that if a
Third-Party Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service provider,
Social Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account on the
Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services. You can deactivate
the connection between the Services and your Third-Party Account by contacting
us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Accounts, except the username and
profile picture that become associated with your account.
The Services may contain (or you may be sent via the
App) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Services and access the Third-Party Websites or to use
or install any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
The Services may contain third party advertisements,
corporate sponsorships and/or branded content. The third parties that provide
these advertisements or sponsorships are solely responsible for ensuring that
the materials submitted for inclusion on the Services are accurate and that
they comply with all applicable laws. We are not responsible for the acts or
omissions of any sponsor or advertiser.
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your User Content or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services. Eventus may
take enforcement actions based on violations of these Legal Terms, including
content removal, account restrictions, suspension, or termination. Enforcement
decisions are made in our sole discretion based on the severity and frequency
of violations and potential harm to Users or the platform.
We care about data privacy and security. Please review
our Privacy Policy: [Link to be added]. By using the Services, you agree
to be bound by our Privacy Policy, which is incorporated into these Legal
Terms. Please be advised the Services are hosted in the United States. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in the United
States.
We respect the intellectual property rights of others
and comply with the Digital Millennium Copyright Act (“DMCA”). If you believe
that any material available on or through the Services infringes upon any
copyright you own or control, please immediately notify the Eventus Copyright
Agent by email at customersupport@eventusapp.com or by mail to the address
in the Contact Us section. Please do not send notices or inquiries about
anything other than alleged copyright infringement or other intellectual
property claims to our Agent for Notice. Your email must contain the following
information:
If you fail to comply with these notice requirements,
your notification may not be valid. Under the Copyright Act, any person who
knowingly materially misrepresents that material is infringing or was removed
or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright
Act, we have adopted a policy of, in appropriate circumstances, terminating
User Accounts that are repeat infringers of the intellectual property rights of
others. We may also terminate User Accounts even based on a single
infringement.
If you believe that your User Content that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to the law, to post
and use the material in your User Content, you may send a written
counter-notice containing the following information to the Copyright Agent: (1)
Your physical or electronic signature; (2) Identification of the User Content
that has been removed or to which access has been disabled and the location at
which the Content appeared before it was removed or disabled; (3) A statement
that you have a good faith belief that the User Content was removed or disabled
as a result of mistake or a misidentification of the User Content; and (4) Your
name, address, telephone number, and email address, a statement that you
consent to the jurisdiction of the federal court in San Diego, California and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement. If a counter-notice is received by
the Copyright Agent, we may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed User
Content or cease disabling it in 10 business days. Unless the copyright owner
files an action seeking a court order against the User Content provider, member
or user, the removed User Content may be replaced, or access to it restored, in
10 to 14 business days or more after receipt of the counter-notice, at our sole
discretion.
These Legal Terms shall remain in full force and effect
while you use the Services. The term of Agreement commences when you access the
Services by any means and will continue in effect until terminated by you when
you cancel your Account, or by us as set forth below. You may terminate this
Agreement by canceling your Account through your account settings or by sending
us an email at customersupport@eventusapp.com.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
Upon termination, your license to use our Services
terminates and you must cease all use of the Services. All provisions of this
Agreement that by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, limitations of liability, and arbitration. You
acknowledge and understand that our rights regarding any User Content you
submitted to the Services before your Account was terminated shall survive
termination. For the avoidance of doubt, we may retain User Content in our
backups, archives and disaster recovery systems until such User Content is
deleted in the ordinary course of business. Termination will not limit any of
Eventus’ rights or remedies at law or in equity.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
Repeat Violations and Fraud
Prevention. Eventus maintains a zero-tolerance policy for fraudulent,
deceptive, or abusive conduct. Without limiting any other remedies available to
us, Eventus reserves the right to suspend or permanently terminate Accounts of
Users who repeatedly violate these Legal Terms, engage in fraudulent activity,
or attempt to exploit or misuse the Services. We may also block access based on
device identifiers, IP addresses, or other technical measures to prevent repeat
violations or circumvention of enforcement actions. Eventus may investigate
suspected violations and cooperate with law enforcement or regulatory
authorities where appropriate.
Appeals Process. If you believe your content was removed
or your Account was suspended or terminated in error, you may contact us at customersupport@eventusapp.com to
request a review. We will review such requests in a reasonable timeframe but
are not obligated to reverse our decisions.
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at
all times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the Services are
governed by and construed in accordance with the laws of the State of
California applicable to agreements made and to be entirely performed within
the State of California, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY
AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in San Diego, California.
Except as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
If, for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in San Diego, California, and the Parties hereby consent
to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one (1) years after
the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
The Parties agree that the above provisions concerning
binding arbitration do not apply to Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party.
Either party may also seek relief in a small claims court for disputes or
claims within the scope of that court’s jurisdiction. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
You have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth above by sending
written notice of your decision to opt-out to us at customersupport@eventusapp.com. The notice must be sent
within thirty (30) days of your first use of the Services, otherwise you shall
be bound to arbitrate disputes in accordance with the terms of those
paragraphs. If you opt-out of these arbitration provisions, we also will not be
bound by them.
We will provide thirty (30) days’ notice of any changes
to this section. Changes will become effective on the 30th day, and will apply
prospectively only to any claims arising after the 30th day. The Agreement and
the relationship between you and Eventus shall be governed by the laws of the
State of California without regard to conflict of law provisions.
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your User Content; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation
of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
If opted in upon sign up, we will alert you via text about
receipts and other important event-related messages at the phone number
provided. Message and data rates may apply. Message frequency varies.
If at any time you wish to stop receiving SMS messages
from us, simply reply to the text with "STOP.” You may receive an SMS
message confirming your opt out.
Please be aware that message and data rates may apply
to any SMS messages sent or received. The rates are determined by your carrier
and the specifics of your mobile plan.
If you have any questions or need assistance regarding
our SMS communications, please email us at customersupport@eventusapp.com.
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services, including our
Privacy Policy and any applicable Supplemental Terms, constitute the entire
agreement and understanding between you and us with respect to the Services,
and supersedes all prior or contemporaneous understandings and agreements of
the parties, whether written or oral, with respect to the Services.
This Agreement is personal to User, and you may not
assign, transfer, sub-license, sub-contract, charge or otherwise encumber any
of your rights or obligations under this Agreement without the prior written
consent of Eventus. Eventus may assign, transfer, or delegate any of its rights
and obligations hereunder without your consent. Any attempted assignment in
violation of this Section shall be null and void.
Our failure to exercise or enforce any right or
provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law.
In the event of a conflict between this Agreement and any applicable purchase
or other terms, the terms of this Agreement shall govern.
There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services.
If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions.
We reserve the right, at our sole discretion, to amend,
modify or replace this Agreement, including the Privacy Policy or any
Supplemental Terms, at any time. The most current version of this Agreement
(with the revision date stated) will be made available through the Site. In the
event that we make material changes to the Agreement, we will notify you by
displaying a prominent notice on the Site or by sending an email to the email
address affiliated with your Account. Updated versions of the Agreement will
never apply retroactively and the updated Agreement will give the exact date
they go into effect. It is your responsibility to check the Site periodically
for changes to the Agreement. Use of the Services by you following any
modification to the Agreement constitutes your acceptance of the Agreement as
modified. Without limiting our ability to refuse, modify, or terminate all or
part of our Services, we may also terminate this Agreement at any time for any
reason, at our sole discretion, by giving notice of such termination.
We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. You agree that these Legal Terms will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact
us at:
Eventus Labs, Inc.
℅ Northwest Registered Agent Service,
Inc.
8 The Green STE B
Dover, DE 19901
customersupport@eventusapp.com