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1. Home/
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3. Eventbrite Terms of Service
EVENTBRITE
TERMS OF SERVICE
Last Updated: December 21, 2023
Welcome to Eventbrite! We know as event creators and consumers that you want
your events to run safely and smoothly. We want the same thing for our platform.
We're excited you are here! Please read these Terms of Service (“Terms”)
carefully as they contain important information about your legal rights,
remedies, and obligations.
By accessing or using Eventbrite's Services, you are agreeing to the terms and
conditions of these Terms (which incorporate and include our Privacy Policy and
all other terms, policies, and agreements referenced throughout these Terms),
without modification, and entering into a binding contract with us that governs
our Services and your use of the Services. Do not access or use the Services if
you do not agree to the terms and conditions of these Terms.
NOTE: For an overview of Eventbrite's various legal terms and policies, take a
look here.
IMPORTANT NOTICE: SECTION 9 OF THESE TERMS OF SERVICE CONTAINS A BINDING
ARBITRATION AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE
READ SECTION 9 VERY CAREFULLY.
TABLE OF CONTENTS:
1. ACCEPTING THESE TERMS
1.1 WHAT'S WHAT.
1.2 WHO'S WHO.
1.3 WHAT ELSE?
1.4 YOUR AUTHORITY.
2. EVENTBRITE'S SERVICES AND ROLE
2.1 WHAT WE DO.
2.2 HOW WE FIT IN.
3. PRIVACY AND CONSUMER INFORMATION
3.1 PRIVACY POLICY.
3.2 COOKIES.
3.3 CONSUMER INFORMATION.
4. TERM; TERMINATION
4.1 TERM.
4.2 TERMINATION.
4.3 DELETING YOUR ACCOUNT.
4.4 SURVIVAL OF TERMS.
5. EXPORT CONTROLS AND RESTRICTED COUNTRIES
6. RELEASE AND INDEMNIFICATION
6.1 RELEASE.
6.2 INDEMNIFICATION.
7. DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISKS BY YOU
7.1 DISCLAIMERS.
7.2 ASSUMPTION OF RISKS.
7.3 EVENTBRITE-HOSTED EVENTS.
7.4 BETA SERVICES.
7.5 APPLICATION OF DISCLAIMERS.
8. LIMITATION OF LIABILITY
8.1 EVENTBRITE LIABILITY.
8.2 COMPLIANCE OF TERMS.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
9.1 CUSTOMER SUPPORT.
9.2 ARBITRATION PROCESS.
9.3 APPLICABILITY.
9.4 SELECTION OF ARBITRATOR.
9.5 NO CLASS ACTIONS.
9.6 DISPUTE NOTICE.
9.7 ARBITRATION RULES.
9.8 ARBITRATION LOCATION.
9.9 SIMILAR CLAIMS.
9.10 ARBITRATION COSTS.
9.11 NON-QUALIFYING DISPUTES.
9.12 YOUR RIGHT TO OPT OUT.
10. LICENSE TO THE EVENTBRITE SERVICES
10.1 LICENSE TO SERVICES.
10.2 LICENSE RESTRICTIONS.
10.3 OWNERSHIP.
10.4 TRADEMARKS.
10.5 SUB-DOMAINS.
11. LICENSES AND PERMITS ORGANIZERS MUST OBTAIN
12. YOUR RIGHTS TO SUBMIT A COPYRIGHT TAKEDOWN NOTICE
13. SCRAPING OR COMMERCIAL USE OF SITE CONTENT IS PROHIBITED
14. FEES AND REFUNDS
14.1 FEES.
14.2 TICKET TRANSFERS.
14.3 REFUND REQUESTS.
15. YOUR ACCOUNT WITH EVENTBRITE
15.1 DOS AND DON’TS.
16. YOUR CONTENT AND YOUR TRADEMARKS
16.1 RIGHTS AND RESPONSIBILITIES.
16.2 REPRESENTATIONS.
16.3 CONTENT RULES AND GUIDELINES.
17. NOTICES
18. MODIFICATIONS TO THE TERMS OR SERVICES
19. ASSIGNMENT
20. ENTIRE AGREEMENT
21. APPLICABLE LAW AND JURISDICTION
22. FEEDBACK
23. THIRD PARTY WEBSITES; LINKED ACCOUNTS; THIRD PARTY OFFERS
24. ADDITIONAL MISCELLANEOUS PROVISIONS
25. ADDITIONAL CLAUSES FOR USERS IN CERTAIN LOCATIONS
25.1 AUSTRALIAN USERS.
25.2 EEA, SWISS, AND UK USERS.
25.3 ARGENTINIAN USERS.
25.4 BRAZILIAN USERS.
1. ACCEPTING THESE TERMS
1.1 WHAT'S WHAT.
Here are some important definitions to help you navigate these Terms.
1. An "Affiliate" of any entity means any person or entity that controls, is
controlled by, or that is under common control with, such entity, whether as
of the date of your agreement to these Terms or after. For purposes of this
definition, "control" means ownership or control, directly or indirectly, of
more than 20% of the outstanding voting stock of an entity or otherwise
possessing the power to direct the management and policies of an entity.
2. “Consumers” means consumers using our Services for any reason, including to
consume information and/or attend events.
3. “Eventbrite Properties” means Eventbrite's products, features and offerings
that are available:
1. online through various Eventbrite properties including Eventbrite.com,
("Site(s)");
2. off platform, including entry management, sponsorship, and marketing or
distribution services; and
3. through mobile applications, webpages, application programming interfaces,
and subdomains ("Applications").
4. “Material” includes information, data, text, editorial content, design
elements, look and feel, formatting, graphics, images, photographs, videos,
music, sounds, and other content and materials.
5. "Organizer" means an event creator using our Services to create events for
Consumers.
6. “Services” include the Eventbrite Properties and the Organizer Services
(defined in Eventbrite’s Merchant Agreement).
7. “Site Content” refers to Material contained in or delivered via the
Services or otherwise made available by Eventbrite in connection with the
Services.
8. “Your Content” is any Material that you contribute, provide, post, or make
available using the Services, or that you otherwise contribute, provide,
post or make available to us, or that you authorize us to use.
9. “Your Trademarks” are the trademarks, trade names, service marks, and logos
that you contribute, provide, post, or make available using the Services,
or that you otherwise contribute, provide, post or make available to us, or
that you authorize us to use.
10. Organizers, Consumers, and third parties accessing or using our Services
are all referred to in these Terms collectively as "Users," "you," or
"your."
11. When these Terms use "Eventbrite," "we," "us," or "our," that refers to
Eventbrite, Inc. and its Affiliates, and subsidiaries, and each of its and
their respective officers, directors, agents, partners, and employees.
1.2 WHO'S WHO.
You may be contracting with one of our Affiliates.
Depending on where you are located, you may be contracting with an Affiliate of
Eventbrite, Inc. The contracting entity on the other side of these Terms is as
follows:
1. If you are a User located in Argentina, you are contracting with Eventbrite
Argentina S.A. with head offices at República del Líbano Nº 981, Godoy Cruz,
Province of Mendoza, Argentina, and registered under CUIT: 30-71038876-4
("Eventbrite Argentina").
2. If you are a User located in Brazil, you are contracting with Eventbrite
Brasil Gestao Online De Eventos Ltda., a limited liability company, with its
registered office at Avenida Engenheiro Luiz Carlos Berrini, 1748, Andar 22,
Conjunto 2203, Sala 15, Cidade Moncoes, Sao Paulo, CEP 04.571-000, Brazil,
enrolled with the Taxpayer Registration CNPJ/MF under No. 15.913.672/0001-65
and with its Articles of Association registered with the Board of Commerce
of the State of São Paulo under NIRE 35.226.513.555 ("Eventbrite Brazil").
3. If you are a User located in any other jurisdiction, you are contracting
with Eventbrite, Inc., a Delaware corporation, with its principal place of
business at 95 Third Street, 2nd Floor, San Francisco, California, 94103,
Reg. No. 4742147 ("Eventbrite US").
Depending on where you are located, if you are a Consumer submitting a credit
card to us to process your purchase, you may be contracting with an Affiliate of
Eventbrite, Inc. for purposes of Eventbrite Payment Processing (defined in the
Merchant Agreement) only.
1. If you are a Consumer located in Europe and submitting a credit card for
Eventbrite to process your purchase, for purposes of Eventbrite Payment
Processing only, you are contracting with Eventbrite Operations (IE) Ltd, an
Irish limited liability company, with its registered office at Unit 3100,
Citywest Business Campus Dublin 24, Citywest, Dublin, D24AK82, Ireland
("Eventbrite Ireland").
2. If you are a Consumer located in Australia and submitting a credit card for
Eventbrite to process your purchase, for purposes of Eventbrite Payment
Processing only, you are contracting with Eventbrite AU Pty Limited, an
Australian limited liability company, with head offices at Level 1, 1
Southbank Blvd, Southbank, VIC 3006, Australia, and registered under
Australia Business Number 38 167 488 593 ("Eventbrite Australia").
3. If you are a Consumer located in Canada and submitting a credit card for
Eventbrite to process your purchase, for purposes of Eventbrite Payment
Processing only, you are contracting with Eventbrite Canada Inc., a Canada
corporation whose address is 2200 HSBC Building, 885 West Georgia Street,
Vancouver, BC V6C 3E8, Canada (“Eventbrite Canada”).
4. If you are a Consumer located in Singapore and submitting a credit card for
Eventbrite to process your purchase, for purposes of Eventbrite Payment
Processing only, you are contracting with Eventbrite Singapore Pte. Ltd.,
with offices located at 8 Marina Boulevard #05-02 Marina Bay Financial
Centre, Singapore, 018981, Singapore (“Eventbrite Singapore”).
5. If you are a Consumer located in Hong Kong and submitting a credit card for
Eventbrite to process your purchase, for purposes of Eventbrite Payment
Processing only, you are contracting with Eventbrite Hong Kong Limited, with
offices located at 46/F Hopewell Centre, 183 Queen’s Road East, Wan Chai,
Hong Kong (“Eventbrite Hong Kong”).
6. If you are a Consumer located in Mexico and submitting a credit card for
Eventbrite to process your purchase, for purposes of Eventbrite Payment
Processing only, you are contracting with Eventbrite Mexico Payment
Processing S. DE R.L. DE C.V., with a registered address at Presidente
Masarik 111, Piso 1 Col. Polanco V Seccion C.P. 11560 Mexico, D.F.
(“Eventbrite Mexico”).
7. For clarity, regardless of the entity you contract with for purposes of
Eventbrite Payment Processing, all other Services are offered through either
(i) Eventbrite US, or (ii) your local entity in the case of Eventbrite
Argentina or Eventbrite Brazil. If you change your place of residence, the
Eventbrite company you contract with will be determined by your new place of
residence as specified above from the date on which your place of residence
changes.
1.3 WHAT ELSE?
There may be other terms that apply to you.
By agreeing to these Terms, you acknowledge you have read and agree to the
Privacy Policy and Cookie Statement applicable to all Users, which are
incorporated by reference into, and are part of, these Terms.
All Users must abide by Eventbrite's Community Guidelines which are incorporated
by reference into, and are part of, these Terms. Please read these carefully, as
they affect what types of content and conduct are permitted when using the
Services.
Users may be bound by the following additional terms, which are incorporated by
reference into, and are part of, these Terms:
1. If you are an Organizer, Eventbrite's Merchant Agreement, and Organizer
Refund Policy Requirements apply to you.
2. If you access or use the Eventbrite Ads Service (as defined in the Merchant
Agreement), the Eventbrite Ads Guidelines also apply to you.
3. If you participate in one of our referral programs, the Referral Terms apply
to you.
4. If you are a third party interacting with our Services not as an Organizer
or a Consumer, the API Terms of Use and/or Trademark and Copyright Policy
might be applicable to you. Please be on the lookout for additional terms
and conditions displayed with certain Services that you may use from time to
time, as those will also be applicable to you.
We may sometimes provide you with services that are not described in these Terms
and unless we have entered into a separate, signed agreement that expressly
supersedes these Terms, these Terms will apply to those services as well.
1.4 YOUR AUTHORITY.
Using our Services on behalf of an entity will bind that entity to these Terms.
If you will be using the Services on behalf of an entity (such as on behalf of
your employer), you agree to these Terms on behalf of that entity and its
Affiliates and you represent that you have the authority to do so. In that case,
"you" and "your" will refer to that entity as well as yourself.
2. EVENTBRITE'S SERVICES AND ROLE
2.1 WHAT WE DO.
We offer an events management and growth platform that helps Organizers and
Consumers thrive and connect through memorable live experiences. Through our
Services, Organizers can create, post and manage online or in-person events,
sell tickets, solicit donations and stay connected to Consumers through a suite
of marketing tools.
2.2 HOW WE FIT IN.
We are not the creator, organizer, or owner of the events listed on the Services
nor are we the seller of tickets, registrations or any merchandise on the
Services. Instead, we provide our Services, which allow Organizers to manage
ticketing and registrations and promote their events.
When hosting an event, the Organizer is solely responsible for ensuring that
their event and any page displaying an event complies with any applicable laws,
rules, and regulations, and that the goods and services described on the event
page are delivered as described and in an accurate, satisfactory manner.
If the Organizer is hosting an event with paid tickets, the Organizer selects
the payment processing method offered to Consumers for its event as more fully
described in the Merchant Agreement. Consumers must use the payment processing
method the Organizer selects to collect payment.
If the Organizer uses Eventbrite Payment Processing (defined in the Merchant
Agreement), we act as the Organizer's limited agent to process payments from
Consumers on the Organizer's behalf using our third-party payment service
providers. If the Organizer selects Facilitated Payment Processing (defined in
the Merchant Agreement), we transmit the Consumer’s payment details to the
Organizer’s designated payment provider but do not process the transaction.
3. PRIVACY AND CONSUMER INFORMATION
3.1 PRIVACY POLICY.
We follow our Privacy Policy when handling and protecting your personal data.
We are committed to protecting your personal data that you provide or that we
collect through Eventbrite Properties as set forth in our Privacy Policy.
3.2 COOKIES.
We use cookies, pixels and similar technologies and provide you choices to
manage your preferences.
We and our vendors use cookies, scripts, and other technologies to collect
information on a real-time basis about how you use and navigate our Services.
This may include your IP address, as well as information about your browsing
behavior, page visits, clicks and cursor movements and searches on our sites.
This information will be collected directly by, or disclosed to, our vendors and
used to evaluate your use of the Services.
Our Cookie Statement further explains how we use cookies, pixels and other
similar technologies when you visit Eventbrite Properties or use our Services.
You may modify how Eventbrite uses your cookies at any time. To do so, please
visit the "Cookie Preferences" link in the footer of our website.
3.3 CONSUMER INFORMATION.
We expect you to follow the rules when dealing with information about Consumers.
If you are an Organizer, 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) Consumers or other
individuals, and comply with any applicable policies posted by us on the
Services with respect to information you collect from (or receive about)
Consumers.
4. TERM; TERMINATION
4.1 TERM.
These Terms apply when you access our Services.
These Terms apply to you as soon as you access the Services by any means and
will continue to apply until they are terminated. There may come a time when
either you or Eventbrite decides it's best to part ways as described in Sections
4.2 or 4.3 below. When that happens, these Terms will generally no longer apply.
However, as described in Section 4.4, certain provisions will always remain
applicable to both you and us.
4.2 TERMINATION.
We can revoke your access to our Services.
We may suspend or terminate your right to use the Services at any time,
including if:
1. you violate or breach these Terms or any other agreement between you and us,
or if you fail to pay any amounts when due;
2. you misuse or abuse the Services, or use the Services in a way not intended
or permitted by us;
3. you engage in any conduct on or off the Eventbrite Properties that
jeopardizes the safety of our community or integrity of the Eventbrite
Properties or interferes with the experience of our community or the
Eventbrite Properties; or
4. allowing you to access and use the Services would violate any applicable
local, state, provincial, national, or other laws, rules and regulations or
court order or would expose us to legal liability.
2. We may choose to stop offering the Services, or any particular portion of
the Services, or modify or replace any aspect of the Services, at any time.
We will use reasonable efforts to provide you with notice of our termination
of your access to the Services, if we believe that failure to do so would
materially prejudice you. You agree that we will not be liable to you or any
third party as a result of our termination of your right to use or otherwise
access the Services.
4.3 DELETING YOUR ACCOUNT.
We hope you want to continue using our Services, but please refer to this
paragraph if you don’t.
Except as agreed otherwise in a separate written agreement between you and us or
other Affiliated Agreement (defined in the Merchant Agreement), you may
terminate your access to the Services and the general applicability of Terms by
deleting your account. If you are a Consumer using the Services without a
registered Eventbrite account, your only option for these Terms to no longer
apply is to stop accessing the Services indefinitely. So long as you continue to
access the Services, even without an account, these Terms remain in effect. If
there is a separate agreement between you and us governing your use of the
Services and that agreement terminates or expires, these Terms (as unmodified by
such agreement) will govern your use of the Services after such termination or
expiration.
4.4 SURVIVAL OF TERMS.
Certain provisions will always remain applicable to both you and us.
All provisions of these Terms that by their nature should survive termination of
these Terms will survive (i.e., they will continue to apply to you) including
all limitations on liability, releases, indemnification obligations, disclaimers
of warranties, agreements to arbitrate, choices of law and judicial forum, and
intellectual property protections and licenses.
5. EXPORT CONTROLS AND RESTRICTED COUNTRIES
We’re not allowed to provide our Services to certain people.
As a global company based in the United States with operations in other
countries, we comply with certain export controls and economic sanctions laws.
You should familiarize yourself with these restrictions, regardless of your
location or the location of the events hosted by you on the Services (“Your
Eventbrite Events”). You represent and warrant that:
1. you are not located in, and you are not a national or resident of, any
country to which the United States, United Kingdom, European Union,
Australia, or Canada has embargoed goods and/or services of the same type as
the Services, including Cuba, Iran, North Korea, Syria or the Crimea region
of Ukraine; and
2. you are not a person or entity, or owned by, under the control of, or
affiliated with, a person or entity that:
1. appears on the U.S. Office of Foreign Assets Control's Specially Designated
Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative
Council List; the U.S. Department of State's Terrorist Exclusion List; the
Bureau of Industry and Security's Denied Persons, Entity or Unverified List;
the Consolidated List of Targets published by the U.K. HM Treasury; the
Consolidated List published by the A.U. Department of Foreign Affairs and
Trade;
2. is subject to sanctions in any other country; or
3. is engaged in the design, development or production of nuclear, biological
or chemical weapons, missiles or unmanned aerial vehicles.
6. RELEASE AND INDEMNIFICATION
6.1 RELEASE.
You won’t bring us into any disputes between you and a third party.
You hereby agree to release us (collectively with our Affiliates and
subsidiaries, and each of our and their respective officers, directors, agents,
co-branders, licensors, payment processing partners, vendors, other partners,
independent contractors and employees, the “Eventbrite Released Parties”) from
all damages (whether direct, indirect, incidental, consequential, or otherwise),
losses, liabilities, costs, and expenses of every kind and nature, known and
unknown, arising out of a dispute between you and a third party (including other
Users) in connection with any of the following:
1. the Services or any event listed on the Services, including Your Eventbrite
Events;
2. your Licensure (defined below), any failure to obtain or maintain any
Licensure, or any error in obtaining or maintaining any Licensure;
3. any Feedback (defined below) that you give or receive; or
4. Your Content or Your Trademarks.
In addition, you waive any applicable law or statute, which says, in substance:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
RELEASED PARTY."
6.2 INDEMNIFICATION.
You agree to have our back if a third party comes after us because of something
you did or failed to do.
You agree to defend, indemnify, and hold harmless the Eventbrite Released
Parties from any and all damage (whether direct, indirect, incidental,
consequential or otherwise), loss, liability, cost and expense (including
reasonable attorneys' and accounting fees) resulting from any claim, demand,
suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or
investigation made by any third party (each a "Claim") relating to or arising
out of:
1. your breach of these Terms (including any terms or agreements or policies
incorporated into these Terms);
2. your unauthorized use of the Services;
3. your Licensure, any failure to obtain or maintain any Licensure, or any
error in obtaining or maintaining any Licensure;
4. any Feedback that you give or receive;
5. your breach of any applicable local, state, provincial, national or other
law, rule or regulation or the rights of any third party;
6. our collection and remission of taxes; and
7. if you are an Organizer, Your Eventbrite Events (including where we have
provided Services with respect to those events) and Your Content and Your
Trademarks, provided that in the case of (vii) this indemnification will not
apply to the extent that the Claim arises out of Eventbrite's gross
negligence or willful misconduct.
We will provide notice to you of any such Claim, but our failure or delay in
providing such notice will not limit your indemnification obligations except to
the extent you are materially prejudiced by such failure. Also, in certain
circumstances, we may choose to handle the Claim ourselves, in which case you
agree to cooperate with us in any way we request.
7. DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISKS BY YOU
7.1 DISCLAIMERS.
We strive to provide Services in the way you need them, but there are some
things we can’t promise.
To the extent allowed under applicable laws, the Services (including the Beta
Services, defined below) are provided on an "as is" and "as available" basis.
Eventbrite expressly disclaims all warranties of any kind, express or implied,
including implied warranties of merchantability, title, non-infringement, and
fitness for a particular purpose. For example, we make no warranty that:
1. the Services (or any portion of the Services) will meet your requirements or
expectations;
2. the Services will be uninterrupted, timely, secure, or error-free; or
3. the results that may be obtained from the use of the Services will be
accurate or reliable.
We have no control over and do not guarantee the (i) quality, safety, success,
accuracy, or legality of any event or Site Content associated with an event,
(ii) accuracy of any information provided by Users (including Feedback and
Consumers’ personal information shared with Organizers in connection with
events), or (iii) ability of any User to complete a transaction.
We are not liable for the acts or omissions of any third parties, including
third parties that help us provide the Services, that an Organizer chooses to
assist with an event, or that you choose to use or contract with when using the
Services.
7.2 ASSUMPTION OF RISKS.
You must assume risks that are inherent in attending live events.
Some events may carry inherent risk and by participating in those events, you
choose to assume those risks voluntarily. For example, some events may carry
risk of illness, bodily injury, disability, or death, and you freely and
willfully assume those risks by choosing to participate in those events.
7.3 EVENTBRITE-HOSTED EVENTS.
Most events on our platform are not hosted by Eventbrite, but if and when you
participate in one that is, you assume all risks.
When you attend an event hosted by us, you waive any and all claims and causes
of action against the Eventbrite Released Parties, the event producers and
presenters, and their insurers, for liability, including for personal injury,
property damage or wrongful death in connection with your attendance of the
event.
7.4 BETA SERVICES.
You may have an opportunity to try out certain beta services from time to time.
We may make available certain beta and other pre-release software, services,
equipment, and related documentation, materials, and information to you from
time to time, for your use on a voluntary basis, as part of an early-release,
early-access program (collectively, the “Beta Services”) for the purposes of us
gathering information and Users providing us with Feedback on the quality and
usability of the Beta Services. The Beta Services may not meet the same level of
performance as that of a commercially available product offering, and the Beta
Services may not operate correctly and may be subject to substantial
modification, including deprecation, during and after the period in which you
may use them. We are not liable to you in connection with your use of our Beta
Services, and we may revoke your access to the Beta Services at any time with or
without reason or notice.
7.5 APPLICATION OF DISCLAIMERS.
The disclaimers will apply so long as they are allowed under law.
The disclaimers in these Terms apply to the maximum extent permitted by law. If
any warranties are required by applicable law, they will be limited to the
shortest duration allowed.
8. LIMITATION OF LIABILITY
8.1 EVENTBRITE LIABILITY.
In order to provide our Services on a large scale, we have to limit our
liability to you.
To the extent permitted by applicable laws, the Eventbrite Released Parties,
will not be liable to you or any third party, for:
1. Any indirect, incidental, special, consequential, punitive or exemplary
damages, including damages for loss of profits, goodwill, use, data,
opportunity costs, intangible losses, or the cost of substitute services
(even if we have been advised of the possibility of such damages);
2. any Feedback that you give or receive; or
3. Your Content or Your Trademarks.
In addition, other than our obligation to pay out Event Proceeds in certain
circumstances to certain Organizers under the Merchant Agreement, and only in
accordance with those terms, the Eventbrite Released Parties’ maximum aggregate
liability is limited to the following:
1. For Organizers of events on our Site with paid tickets:
1. The Eventbrite Fees (net of any Eventbrite Payment Processing Fees) that the
Organizer paid us in the three (3) month period immediately preceding the
circumstances giving rise to their claim; or
2. For other Users:
1. The total price of all tickets or registrations that the User purchased
through the Services in the three (3) month period immediately preceding the
circumstances giving rise to their claim; or
2. If no tickets or registrations were purchased, one hundred U.S. Dollars (USD
$100).
8.2 COMPLIANCE OF TERMS.
All of our Terms are meant to comply with the law.
Some jurisdictions do not allow the exclusion of certain warranties or
conditions on, or the limitation of, liability for loss or damage caused by
willful acts, negligence, breach of contract or breach of implied terms, or
incidental or consequential damages. Only those liability and other limitations
which are lawful in your jurisdiction (if any) will apply to you, and our
liability is limited to the maximum extent permitted by law.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
9. Binding Arbitration and Class Action Waiver Provisions
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR
CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY
BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES)
AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS,
CONSOLIDATED (EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED BELOW) OR
REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS
TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have
the right to sue in court and have a jury trial. They further understand that,
in some instances, the costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in arbitration than in court.
9.1 CUSTOMER SUPPORT.
Contact us first if you have an issue with our Services.
You agree that if you have a question or concern about the Services, you will
contact us first, prior to initiating any legal proceeding. Our customer support
team will try to answer your question or resolve your concern.
9.2 ARBITRATION PROCESS.
If a dispute can’t be resolved between us, it must be resolved through
arbitration.
In the unlikely event that our customer support team is unable to resolve your
concerns, you and we each agree to resolve all disputes and claims between you
and us, including any arising under or relating to these Terms, your use of the
Services, or your and our relationship, through binding arbitration or (to the
extent the claim qualifies) in small claims court, instead of in courts of
general jurisdiction. As explained below, the appointed arbitrator will have
authority to enter all relief that would be available in court, to the extent
warranted by the claims. All arbitrations and small claims proceedings will
proceed only on an individual basis. In no event may either we or you seek to
resolve a dispute with the other as part of any purported class, consolidated or
representative proceeding, except as provided for in Section 9.9 below.. Binding
arbitration is subject to very limited review. Only the appointed arbitrator –
and not any court – will have the authority to resolve any dispute relating to
this Section, including any dispute regarding the scope, enforceability, and
arbitrability of these Terms. This arbitration provision will survive
termination of these Terms and any other agreement between you and us. These
Terms evidence a transaction in interstate commerce and the interpretation and
enforcement of this Section 9 is governed by the Federal Arbitration Act,
notwithstanding the choice of law set forth in Section 9.8 below.
9.3 APPLICABILITY.
Our agreement to arbitrate applies to almost all claims.
This agreement to arbitrate applies to all legal disputes between you and us. It
includes, but is not limited to: (i) all claims relating to any aspect of the
relationship between you and us, whether based in contract, tort, statute,
fraud, misrepresentation, or any other legal theory; (ii) all claims that arose
before this or any prior agreement (including claims relating to advertising);
and (iii) all claims that may arise after termination of these Terms and/or your
use of the Services.
Notwithstanding this agreement to arbitrate, you or we may choose to bring:
1. an action on an individual basis in small claims court (to the extent the
applicable claim qualifies); or
2. enforcement actions, validity determinations or claims relating to theft,
piracy or unauthorized use of intellectual property in state or federal
court in the U.S. Patent or Trademark Office to protect your or our
Intellectual Property Rights. "Intellectual Property Rights" means patents,
copyrights, moral rights, trademarks, and trade secrets, but not privacy or
publicity rights.
In addition, the portion of any dispute or complaint relating to our
participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to
the Dispute Resolution section of our Privacy Policy before being subject to
this Section.
9.4 SELECTION OF ARBITRATOR.
This is how the arbitrator will be selected.
We each agree to use the “rank and strike” process for selecting an arbitrator.
In this process, the American Arbitration Association (“AAA”) will propose at
least ten candidates to potentially serve as the arbitrator. We will each
respond directly to AAA (without copying one another) in a writing that (i)
“strikes” up to three of those candidates, that is, removes them from further
consideration, and (ii) ranks the remaining candidates in order of preference.
AAA will average each of our rankings for each arbitrator and select as the
arbitrator the candidate with the highest ranking.
9.5 NO CLASS ACTIONS.
We both agree to not bring a class action.
YOU AND EVENTBRITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED
FOR IN SECTION 9.9 BELOW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR
REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE
SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE
RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT
AUTHORIZED BY LAW AND WARRANTED BY THE PARTY’S CLAIMS.
You and we each acknowledge that different arbitrations may present overlapping
factual or legal issues. As such, to the fullest allowable extent, and subject
to Section 9.9 below, you and we each agree that in the event one of you or us
initiates an arbitration against the other and we determine, in our sole
discretion, that such arbitration presents one or more questions of fact or law
that are also at issue in a pending arbitration between us and a third party (a
“Similar Arbitration”), the arbitration involving you will, at our request, be
assigned to the same arbitrator presiding over the Similar Arbitration and/or be
paused until the Similar Arbitration is resolved. Any rulings in any Similar
Arbitration will not be binding in the arbitration involving you.
9.6 DISPUTE NOTICE.
Notice must be given when one of us intends to seek arbitration.
A party who intends to seek arbitration must first send to the other a written
Notice of Dispute ("Dispute Notice"). The Dispute Notice to Eventbrite must be
addressed to the following address ("Notice Address") and must be sent by
certified mail: Eventbrite, Inc., Attn: Legal Department, 95 Third Street, 2nd
Floor, San Francisco, California, 94103 USA. Dispute Notices to you will be
addressed to a mailing, home, or payment address currently on record with
Eventbrite and must be sent by certified mail. If we have no records of a
physical address, our Dispute Notice may be delivered to your Eventbrite account
email address. The Dispute Notice must (i) describe the nature and basis of the
claim or dispute; and (ii) set forth the specific relief sought. If Eventbrite
and you do not reach an agreement to resolve the claim within sixty (60)
calendar days after the Dispute Notice is sent, you or Eventbrite may commence
an arbitration proceeding.
9.7 ARBITRATION RULES.
These are the rules that will govern any arbitration proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the
actions giving rise to the dispute or claim relate to your personal use of the
Services (rather than business use), the Consumer Arbitration Rules (in each
case, the "AAA Rules") of the AAA, as modified by this Section 9, and will be
administered by the AAA and settled by a single arbitrator. (The AAA Rules are
also available by calling the AAA at 1-800-778-7879.) All issues in dispute
between the parties are for the arbitrator to decide, including, issues relating
to the scope, enforceability, and arbitrability of this Section 9.
9.8 ARBITRATION LOCATION.
This is where the arbitration will take place.
If you are a Consumer, any arbitration hearings will take place (at your option)
either in the county of your residence or by phone, except that: (1) if you are
a Consumer whose residence is outside of the United States, the hearing will
take place either in San Francisco, California or by phone or videoconference,
at your option and as permitted by the AAA Rules; and (2) in the case of Batch
arbitration per Section 9.9 below, the hearing will take place either in San
Francisco, California or by phone or videoconference, at the option of AAA. If
your use of the Services is or was for commercial use, then unless Eventbrite
and you agree otherwise, any arbitration hearings will take place in the United
States in a reasonably convenient location for both parties with due
consideration of their ability to travel and other pertinent circumstances. If
the parties are unable to agree on a location, or in the case of Bath
arbitration per Section 9.9 below, AAA will determine the location. If your
claim is for ten thousand dollars ($10,000) or less, the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator or
through a telephonic hearing. If your claim exceeds ten thousand dollars
($10,000), the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator
will issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the award is based. All decisions by the
arbitrator will be final and binding and judgment on the award rendered may be
entered in any court having jurisdiction.
9.9 SIMILAR CLAIMS.
Similar claims brought by the same or coordinated counsel will be batched
together for efficient resolution.
To ensure efficient resolution, if within a 90-day period, 25 or more claimants
submit Dispute Notices or file arbitrations raising similar claims (i.e., with
the same or similar facts or events and legal issues) and are represented by the
same or coordinated counsel, the disputes must be arbitrated in batches of up to
50 claimants each (“Batch”). Specifically, upon notice from either side, AAA
must group the arbitrations into: (1) a single Batch (if there are 25-50
claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch
consisting of any remaining claimants (if there are more than 50 claimants). AAA
shall thereafter provide for the resolution of each Batch as a single
consolidated arbitration with a single arbitrator appointed by AAA, one set of
aArbitration fFees, and one hearing (if any) per Batch, to be held in San
Francisco, California, or by phone or videoconference at the option of the
arbitrator. We both agree to cooperate in good faith to implement this process
and minimize the time and costs of arbitration. Any challenges to administrative
determinations by AAA shall be heard by a single process arbitrator. If this
Section 9.9 is deemed unenforceable as to a particular claimant or Batch, then
it will be severed as to that claimant or Batch, and those parties must
arbitrate in individual proceedings.
9.10 ARBITRATION COSTS.
This is how we decide who’s responsible for the costs of arbitration and legal
fees.
Payment of Costs and Expenses. Payment of all filing, administration, and
arbitrator costs and expenses imposed by AAA will be governed by the AAA Rules,
provided that if you are initiating an arbitration against Eventbrite and the
value of the relief sought is ten thousand dollars ($10,000) or less, then
Eventbrite will advance all filing, administrative and arbitration costs and
expenses imposed by AAA (subject to reimbursement as set forth below). Further,
if you are initiating an arbitration against Eventbrite and your claim arises
from your use of the Services as a Consumer, but the value of relief sought is
more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator
that such costs and expenses would be more expensive than a court proceeding,
then Eventbrite will pay the amount of any such costs and expenses. In the event
that the arbitrator determines that all of the claims you assert in arbitration
were frivolous at the time they were filed or that you continued to press those
claims even after receiving information demonstrating that such claims were
frivolous, you agree to reimburse Eventbrite for all of the costs and expenses
that Eventbrite paid and that you would have been obligated to pay under the AAA
Rules.
Payment of Legal Fees. Just as in any court proceeding, each party will
initially bear its own attorneys' fees and expenses in connection with any
arbitration. Should either party be determined to have substantially prevailed
in the arbitration, then upon such party's request, the arbitrator will award
such prevailing party the reasonable attorneys' fees and expenses that it
incurred in connection with the arbitration, provided that to the extent that
the dispute or claim relate to your personal use of the Services (rather than
business use) Eventbrite will not seek to recover its attorneys' fees and
expenses in an arbitration initiated by you unless the arbitrator determines
that your claims were frivolous as set forth above. The arbitrator may make
rulings and resolve disputes as to the reimbursement of attorneys' fees and
expenses upon request from either party made within fourteen (14) days of the
arbitrator's ruling on the merits.
9.11 NON-QUALIFYING DISPUTES.
Disputes that can’t be arbitrated in accordance with this Section 9 will be
governed by Section 21.
In the event that any provisions of this Section 9 are found to be invalid or
unenforceable for any claim or issue, then the entirety of this Section 9 will
be null and void only with respect to such claim or issue and Section 21
“Applicable Law and Jurisdiction” will apply to such claim or issue in lieu of
this Section 9. For the avoidance of doubt, for all claims and/or issues as to
which this Section 9 is not found to be invalid or unenforceable: (a) this
Section 9 shall apply in full to all such claims and/or issues, and (b)
arbitration of all such claims and/or issues shall commence and be completed
prior to any litigation on any non-arbitrable claims, including in the event
that arbitrable and non-arbitrable claims or issues present overlapping factual
and/or legal questions.
9.12 YOUR RIGHT TO OPT OUT.
If you want to opt out of our agreement to arbitrate, you must notify us in
time.
You have the right to opt out and not be bound by the arbitration or class
action waiver provisions set forth above in this Section 9 by sending (from the
email address we associate with you as a User) written notice of your decision
to opt-out to legal@eventbrite.com. Please include the following in the subject
line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent
within thirty (30) days of your first use of the Services or your agreement to
these Terms (whichever is later); otherwise, you will be bound to arbitrate
disputes in accordance with the terms of these provisions. Note that if you opt
out of these arbitration provisions, Eventbrite also will not be bound by them.
10. LICENSE TO THE EVENTBRITE SERVICES
10.1 LICENSE TO SERVICES.
Your right to use our Services is limited to the license we grant you.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable
(except to sub-Users registered via the Services), revocable right to use our
Services solely to:
1. browse the Services and search for, view, register for, or purchase tickets
or registrations to an event listed on the Services; and/or
2. create event registration, Organizer profile and other webpages to promote,
market, manage, track, and collect sales proceeds for an event.
Your use of the Services must comply with these Terms and all applicable local,
state, provincial, national and other laws, rules and regulations. In addition,
by using any search functionality or address auto-population tools, you are
bound by the Google Maps/Google Earth Additional Terms of Service (including the
Google Privacy Policy).
10.2 LICENSE RESTRICTIONS.
You can’t copy, sell, or use our Services in a way that is damaging to
Eventbrite.
In addition to any other restrictions, limitations, and prohibitions that we
impose (in these Terms or elsewhere), you agree you will not directly or
indirectly:
1. copy, modify, reproduce, translate, localize, port, or otherwise create
derivatives of any part of the Services;
2. reverse engineer, disassemble, decompile, or otherwise attempt to discover
the source code or structure, sequence, and organization of all or any part
of the Services;
3. rent, lease, resell, distribute, use the Services for other commercial
purposes not contemplated or otherwise exploit the Services in any
unauthorized manner;
4. remove or alter any proprietary notices on the Services; or
5. engage in any activity that interferes with or disrupts the Services.
10.3 OWNERSHIP.
Our property remains our property.
You agree that all Site Content may be protected by copyrights, trademarks,
service marks, trade secrets or other intellectual property and other
proprietary rights and laws. We may own the Site Content, or portions of the
Site Content may be made available to us through arrangements with third
parties. Site Content that is included in or made available through the Services
is our exclusive property and is protected by copyright laws. You agree to use
the Site Content only for purposes that are permitted by these Terms and any
applicable local, state, provincial, national, or other law, rule, or
regulation. Any rights not expressly granted in these Terms are reserved.
10.4 TRADEMARKS.
You can’t use trademarks that aren’t yours unless we say so.
The trademarks, service marks and logos of Eventbrite (the "Eventbrite
Trademarks") used and displayed in connection with the Services are registered
and unregistered trademarks or service marks of Eventbrite. Other company,
product, and service names used in connection with the Services may be
trademarks or service marks owned by third parties (the "Third Party
Trademarks," and, together with Eventbrite Trademarks, the "Trademarks"). Your
license to use the Services does not include, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed in connection
with the Services without our prior written consent specifically for each such
usage.
You must not use the Trademarks to disparage us, any third party, or our or such
third party's products or services, or in any manner that may damage any
goodwill in the Trademarks. You must not use any Trademarks as part of a link to
or from any website unless we approve such use by prior written consent
specifically for each such link. All goodwill generated from the use of any
Eventbrite Trademark will inure to Eventbrite's benefit. Certain issued patents
and patents pending apply to the Services. Site Content may also be protected by
copyrights owned by us and/or third parties. Please note that if you copy
portions of the Services, you are violating these patent rights and copyrights.
10.5 SUB-DOMAINS.
Any sub-domains connected to our website will be owned by us.
We may provide you with the right to use a sub-domain within the Site (e.g.,
[sub-domain prefix].eventbrite.com) for one or more of Your Eventbrite Events.
All such sub-domains are solely our property and we reserve the right to
determine the appearance, design, functionality, and all other aspects of such
sub-domains. If we provide you with a sub-domain, your right to use it will
continue only for so long as you are actively selling tickets for Your
Eventbrite Events on the Services and provided you are in compliance with the
Terms. If we terminate your right to use a sub-domain for any other reason, we
will provide you with a new sub-domain.
11. LICENSES AND PERMITS ORGANIZERS MUST OBTAIN
Organizers must obtain all applicable licenses, permits, and authorizations for
their events.
If you are an Organizer, along with your other representations and warranties,
you represent and warrant to us that:
1. You will obtain, before starting ticket sales, all applicable licenses,
permits, and authorizations (individually and collectively, "Licensure") for
Your Eventbrite Events. Licensure includes state, county, municipal, or
other local authority's authorization of the event, traffic engineering
authorizations, fire department inspection reports, fire marshal permits,
authorization to receive minors, sanitary authorization, and property
operation permits;
2. You will comply, and will ensure that the venues for Your Eventbrite Events
will comply, with all applicable laws, regulations, rules, and ordinances;
3. You will maintain throughout the use of the Services the applicable
Licensure to promote, produce, sponsor, host, and sell tickets for all of
Your Eventbrite Events; and
4. You will provide evidence of Licensure and related information prior to
offering tickets or registrations for Your Eventbrite Events and promptly
upon our reasonable request from time to time.
12. YOUR RIGHTS TO SUBMIT A COPYRIGHT TAKEDOWN NOTICE
What to do if you believe your copyrights are being violated.
If you are a copyright owner or an agent of a copyright owner and you believe
that any content on the Sites infringes your copyrights, you may submit a notice
pursuant to the Digital Millennium Copyright Act ("DMCA") by following the
directions we provided in Eventbrite's Trademark and Copyright Policy.
13. SCRAPING OR COMMERCIAL USE OF SITE CONTENT IS PROHIBITED
You can’t use our content for your own purposes.
You have no right to use, and you agree not to use, any Site Content for your
own commercial purposes. You have no right to, and you agree not to, scrape,
crawl, or employ any automated means to extract data from the Sites.
14. FEES AND REFUNDS
14.1 FEES.
We charge the following fees.
Creating an account and listing an event are free. However, we charge fees when
you sell or buy paid tickets or registrations. These fees may vary based on
individual agreements between us and certain Organizers. In some cases,
Organizers may determine whether these fees will be passed along to Consumers
and shown as "Fees" on the applicable event page or absorbed into the ticket or
registration price and paid by the Organizer out of ticket and registration
gross proceeds. The fees charged to Consumers may include other charges,
including facility fees, royalties, taxes, processing fees, and fulfillment
fees. This means that the fees paid by Consumers for an event are not
necessarily the same as those charged by us to the applicable Organizer or the
standard fees described on the Services to Organizers. In addition, some fees
are meant to defray costs incurred by us, but may in some cases include an
element of profit and in some cases include an element of loss. We do not
control (and cannot disclose) fees levied by your bank and/or credit card
company, including fees for purchasing tickets and registrations in foreign
currencies or from foreign persons. Be sure to check with your bank or credit
card company prior to purchasing to understand all applicable fees, credit card
surcharges, and currency conversion rates.
14.2 TICKET TRANSFERS.
You may be able to transfer your ticket.
If you wish to transfer tickets to an event you have purchased on the Site,
please contact the Organizer of the event to arrange for ticket transfer. If you
are unable to reach the Organizer, or the Organizer is unable to arrange a
ticket transfer, please contact us and we might be able to accommodate this for
you.
14.3 REFUND REQUESTS.
Consumers requesting a refund should contact the Organizer. Consumers must not
use a ticket that has been refunded, and Organizers must not accept invalid
tickets.
1. Because all transactions are between an Organizer and its Consumers, we ask
that all Consumers contact the applicable Organizer of their event with any
refund requests. You can find help with getting a refund here.
2. If you are a Consumer and you receive a refund for your ticket, you will
discard the ticket and will not use it (or any copy of it) to attend the
event. Violation of this is fraud.
3. If you are an Organizer, you acknowledge that the applicable procedure to
check the validity of the ticket must always be followed, including checking
in Consumers with the Eventbrite app for organizers.
4. We will not be liable under any circumstances for any costs arising from
Organizers’ non-compliance with the procedures that must be implemented by
Organizers to check the validity of tickets. We will not be liable under any
circumstances for costs and/or damage arising from ticket-related fraud
and/or the purchase of the ticket through non-official means, such as third
parties.
15. YOUR ACCOUNT WITH EVENTBRITE
15.1 DOS AND DON’TS.
When you create an account with us or use our Services, you must provide us with
accurate information and follow these rules.
We may require you to create an account to access certain features or functions
of the Services. You agree to the following:
1. Our Services are not targeted at children. You must be the legal age of
majority where you reside to use the Services.
2. You must provide accurate, current, and complete information about yourself,
or if you are using the Services on behalf of an entity, that entity (the
"Registration Data"). You also must update this Registration Data if it
changes.
3. If there is a dispute between two or more persons or entities regarding
account ownership, we will be the sole arbiter of that dispute and our
decision (which may include termination or suspension of the account) will
be final and binding.
4. If you are using the Services on behalf of a company or other entity, you
represent and warrant that you have the authority to legally bind that
entity and grant us all permissions and licenses provided in these Terms.
5. We may provide you the ability to implement certain permissions within your
account to third parties including, "sub-users," "sub-accounts," or other
credentialed account users. If we do so, you are solely responsible for all
activity that occurs under your account (including actions by sub-users).
You must maintain the confidentiality of your password and account details.
All rules applicable to your account will apply to all third parties to whom
you grant access to your account.
6. You will immediately notify us of any unauthorized use of your password or
account, or any other breach of security. You are responsible for any
activities that occur under your account.
7. You will not use the Services to collect any sensitive personal information,
such as health information (including "protected health information" as
defined in 45 C.F.R. §160.103), social security numbers, financial
information, payment card numbers, driver's license numbers, and passport
numbers, unless otherwise permitted by these Terms or we have consented to
the collection of the information in writing.
16. YOUR CONTENT AND YOUR TRADEMARKS
16.1 RIGHTS AND RESPONSIBILITIES.
We have certain rights to use Your Content and Your Trademarks.
You are solely responsible for Your Content and Your Trademarks. You hereby
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
transferable, sublicensable right and license to access, use, reproduce,
transmit, adapt, modify, perform, display, distribute, translate, publish, and
create derivative works based on:
1. Your Content, in whole or in part, in any media, for
1. the purpose of operating the Services (including our promotional and
marketing services, which may include promotion of you and Your Eventbrite
Events on a third-party website or other media, including our event
distribution providers and our social media properties);
2. Eventbrite’s internal purposes (such as employee or shareholder
communications); and
3. when you give your permission, for the purposes of promoting Eventbrite or
our Services; and
2. Your Trademarks,
1. in connection with our use of Your Content; and
2. for the purpose of identifying you as an existing or past customer of
Eventbrite both on the Services and in marketing, advertising and
promotional materials.
We don’t claim ownership to Your Content or Your Trademarks, but these licenses
are essential to provide you the Services and help Your Eventbrite Events.
Consider the following examples: if you submit your logo or other images
associated with one of Your Eventbrite Events, we can display them on our
website and resize or enhance them so that they look good on our Applications,
or use them with our marketing tools to help you promote Your Eventbrite Events;
we may feature details from one of Your Eventbrite Events in a blog, case study,
or shareholder letter to highlight the impact made by Your Eventbrite Events.
You hereby waive any and all moral rights in connection with our use of Your
Content in accordance with the licenses in this Section 16. Aside from these
licenses, we do not claim, and you do not transfer, any ownership rights in any
of Your Content or Your Trademarks and nothing in these Terms will restrict any
rights that you may have to use and exploit Your Content and Your Trademarks
outside of the Services.
16.2 REPRESENTATIONS.
You represent that you are able to grant us the rights described above.
You represent and warrant that you have all the rights, power and authority
necessary to grant the foregoing license, and that all Your Content and Your
Trademarks:
1. do not infringe, violate, misappropriate or otherwise conflict with the
rights of any third party;
2. comply with all applicable local, state, provincial, national, and other
laws, rules and regulations; and
3. do not violate these Terms.
16.3 CONTENT RULES AND GUIDELINES.
Your Content must comply with our rules and guidelines.
Your Content must be accurate and truthful. We reserve the right to remove Your
Content from the Services if we believe that Your Content or Your Eventbrite
Events violate these Terms, our Community Guidelines, or for any other reason.
Your Content and Your Trademarks may be displayed on the Services in proximate
distance to any Site Content or any third-party content, including content that
is substantially similar or competing with yours, and we do not guarantee your
exclusivity as an Organizer in any category. Without limiting the generality of
the foregoing, the Services are provided on a nonexclusive basis. We may
preserve Your Content, Your Trademarks, Registration Data, and all other data
associated with your account, and may also disclose Your Content, Your
Trademarks, Registrations Data, and all other data associated with your account
account if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. respond to claims that any of Your Content or Your Trademarks violate the
rights of third parties;
3. enforce or administer these Terms; and/or
4. protect the rights, property, and/or personal safety of us, our Users and/or
the public, including fraud prevention.
You understand that the technical processing and transmission of the Services,
including Your Content and Your Trademarks, may involve transmissions over
various networks and/or changes to conform and adapt to technical requirements
of connecting networks or devices.
17. NOTICES
Here’s how to notify us.
Notices may be sent to you by email or regular mail at your business address
listed in Eventbrite's records. We may also provide notices of changes to these
Terms or other matters by displaying notices or links to notices on the
Services.
If you wish to contact us or deliver any notice(s), you can do so at the
following address: Eventbrite, Inc., Attn: 95 Third Street, 2nd Floor, San
Francisco, California, 94103 USA; or via email to legal@eventbrite.com.
18. MODIFICATIONS TO THE TERMS OR SERVICES
We may modify these Terms from time to time and will notify you of material
changes.
We reserve the right to modify these Terms (including the Privacy Policy, the
Merchant Agreement, and the Organizer Terms) from time to time (collectively,
"Modifications"). If we believe any Modifications are material, we will let you
know by one (or more) of the following methods:
1. posting the changes through the Services;
2. updating the "Updated" date at the top of this page; or
3. sending you an email or message about the Modifications.
Modifications that are material will be effective thirty (30) days following the
"Updated" date, unless a different date is communicated in our notice to you.
All other Modifications will be effective immediately.
You are responsible for reviewing any Modifications. Your continued use of the
Services after any Modification will be considered your acceptance of that
Modification and the updated Terms. In certain circumstances, we may seek a
Modification to these Terms that will only apply to you. This type of
Modification must be in writing and signed by both parties (you and Eventbrite).
We are constantly evolving our products and services to better meet the needs of
our Users. Because of this, we cannot guarantee the availability of certain
product features or functionality. We reserve the right to modify, replace, or
discontinue any part of the Services or the entire Services at any time and for
any reason.
19. ASSIGNMENT
We can assign our rights and obligations under these Terms.
We may, without your consent, freely assign these Terms and our rights and
obligations under these Terms, whether to an Affiliate or to another entity, in
connection with a corporate transaction or otherwise.
20. ENTIRE AGREEMENT
These Terms make up our entire agreement with you unless we also enter into a
separate written agreement.
Except as otherwise stated in these Terms, these Terms are the entire agreement
between you and us and govern your use of the Services, superseding any prior or
contemporaneous agreements, proposals, discussions, or communications between
you and Eventbrite on the subject matter of these Terms, other than any written
agreement for Services between you and us relating to a specified event or
events.
21. APPLICABLE LAW AND JURISDICTION
Disputes that can’t be resolved under our arbitration agreement will be resolved
in the courts of San Francisco under California law.
These Terms are governed by the laws of the State of California, without regard
to its conflict of laws rules. These laws will apply no matter where in the
world you live, but if you live outside of the United States, you may be
entitled to the protection of the mandatory consumer protection provisions of
your local consumer protection law.
Eventbrite is based in San Francisco, California. Any legal action against us
related to our Services and not subject to the arbitration provisions in Section
9 of these Terms will take place in San Francisco. By agreeing to these Terms,
you submit to the personal jurisdiction of the state or federal courts (as
applicable) in San Francisco County, California.
22. FEEDBACK
We have a right to use any feedback you provide us.
We welcome and encourage you to provide feedback, comments, and suggestions for
improvements to the Services, as well as feedback, comments, suggestions, and
ratings regarding the services and events of third parties such as the
Organizers of events you attend (collectively, "Feedback"). Any Feedback you
submit to us will be considered non-confidential and non-proprietary to you. By
submitting Feedback to us, you grant us a non-exclusive, worldwide,
royalty-free, irrevocable, sub-licensable, perpetual license to use, publish,
and exploit those ideas and materials for any purpose, with or without your
name, without compensation to you. We may collect testimonials, ratings, and
reviews about Site Content, the Services, and, if you are an Organizer, Your
Content and events. These testimonials, ratings and reviews will be considered
Feedback. We retain full discretion on whether, when, where, with whom, and how
Feedback is shared or published.
23. THIRD PARTY WEBSITES; LINKED ACCOUNTS; THIRD PARTY OFFERS
We are not responsible for third-party websites or materials that you access.
The Services or Users may provide links to other Internet websites or resources.
Because we have no control over such websites and resources, you agree that we
are not responsible for the availability of such websites or resources. We do
not endorse and are not responsible or liable for any Site Content, advertising,
offers, products, services, or other materials on or available from such
websites or resources and are not responsible for any damages or losses related
to them, even if such websites or resources are connected with our partners or
third-party service providers. For example, if you purchase ticket insurance on
the Site from a third party, your contractual relationship is with the
third-party ticket insurance provider, not with us.
24. ADDITIONAL MISCELLANEOUS PROVISIONS
Here’s some more legal stuff before you go.
If we fail to enforce any part of these Terms, that will not amount to a waiver
of our right to later enforce that or any other part of these Terms. Except as
expressly set out in these Terms, the exercise by us of any of our remedies
under these Terms will not preclude us from exercising our other remedies under
these Terms or otherwise. No oral waiver, amendment, or modification of these
Terms will be effective. If any provision of these Terms is found to be
unenforceable, that part will be limited to the minimum extent necessary and the
other provisions of these Terms remain in full force and effect. Section titles
and subtitles in these Terms, along with the italicized text following them, are
for convenience only and have no legal or contractual effect and do not amount
to legal advice. When we say Eventbrite “may” or has the right, is permitted,
authorized, or allowed to do something in these Terms, it means we may, but are
not obligated to, exercise the applicable rights or options or take the
applicable action, as we determine in our sole discretion. Any determinations,
decisions, or beliefs by us under these Terms may be made by us in our sole
discretion. As used in these Terms, “including” means “including, but not
limited to.” When these Terms say that you “will” take an action, this means
that you are agreeing to take the action and that you must take that action.
Your obligations, duties, warranties, representations, releases, and waivers
throughout these Terms are also the obligations, duties, warranties,
representations, releases, and waivers of your Affiliates. No independent
contractor, agency, partnership, joint venture, or other such relationship is
created by these Terms. We may freely assign any of our rights and obligations
under these Terms. We may translate these Terms into other languages for your
convenience. If there is a conflict between the English version and a translated
version, the English version will control.
25. ADDITIONAL CLAUSES FOR USERS IN CERTAIN LOCATIONS
Eventbrite is a global company offering Organizers and Consumers the opportunity
to benefit from our Services worldwide. To allow each User full advantage of our
Services and applicable law, certain additional provisions included in this
Section may be applicable to you.
25.1 AUSTRALIAN USERS.
If you are a User located in Australia and qualify as a Consumer as defined by
Australian consumer law while using the Services, then the following Australian
Amendments available here apply to you.
25.2 EEA, SWISS, AND UK USERS.
If you are a User located in the European Economic Area ("EEA"), Switzerland, or
the United Kingdom (together, "EU") who is an individual acting for purposes
that are wholly or mainly outside of your trade, business, craft, or profession
while using the Services, then the following EU Amendments available here apply
to you. If you are an Organizer and process personal data of EU event attendees,
you are a data controller with respect to your event attendees' personal data
and we will act as a data processor. With respect to EU personal data that an
Organizer holds as a data controller, the Data Processing Addendum for
Organizers located here is incorporated into these Terms.
25.3 ARGENTINIAN USERS.
If you are a User located in Argentina, then the following Argentinian
Amendments available here apply to you.
25.4 BRAZILIAN USERS.
If you are a User located in Brazil, then the following Brazilian Amendments
available here apply to you.
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