The following terms and conditions and any addendum (the “Agreement”) govern all use of EventBank products, services and associated features, including without limitation those found on particular websites (www.paygage.us, www.paygage.com, www.eventbank.com, www.eventbank.cn, and www.eventbank.ru) (each, the “Site”), or accessed via EventBank mobile applications (including EventBank and EventBank Manager) (taken together, the “Service”). The Service is offered by EventBank subject to your acceptance without modification of all of the terms and conditions contained herein and all other addendum, operating rules, policies and procedures that may be published from time to time through the Service by EventBank. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU CONFIRM THAT YOU HAVE FULLY READ, UNDERSTOOD AND AGREED TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
As used in this Agreement, “User”, “you” or “your” refers to individual consumers potentially or actually attending or participating in events or otherwise making use of the Service for other authorized purposes.
When used in this Agreement, “EventBank” refers to EventBank, Inc., and its affiliates, and subsidiaries. Depending on where you are located and/or the server you choose, the EventBank entity you are contracting with for purposes of this Agreement is as follows:
If you are using the Service through eventbank.com, you are contracting with EventBank Inc. (“EventBank US”), at 1775 Tysons Blvd, 5th Floor, Tysons, VA 22102, USA, or an entity designated by EventBank US;
If you are using the Service through eventbank.cn you are contracting with EventBK (Beijing) Limited (“EventBank China”), and its address is Room 301, Guanghualu SOHO2, No. 9 Guanghua Road, Chaoyang District, Beijing, China;
And if you are using the Service through eventbank.ru, you are contracting with Event BK Rus (“EventBank Russia”), and its address is Aviamotornaya Street 8, Moscow, Russia.
EventBank reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time by publishing the updated Agreement on the Site or via the Service (“Modification”). Upon Modification, the updated Agreement shall immediately supersede the original Agreement and automatically take effect. If you disagree with any relevant amendment, you should immediately stop using the Service and cancel your EventBank account, if you have one. Your continued use of the Service following the Modification constitutes acceptance of those changes.
SCOPE of Service.
The Service is offered to Users to (i) receive information about events and event organizers, (ii) purchase tickets for, and attend events and (iii) for other related or similar purposes.
Account and ACCESS.
- EventBank may require you to register to use the Service. You hereby acknowledge that when you complete the registration procedures or otherwise use the Service in such a manner as permitted by EventBank, you represent and warrant that you meet all the requirements under this Agreement and are in full compliance with applicable laws. Please keep your account and password information private. You undertake to notify EventBank immediately if your password or account is used without authorization or in case of any other security incident, and except for otherwise stipulated by laws, you agree and acknowledge that EventBank will not be liable for any direct or indirect loss or damages caused under such circumstance. Unless allowed under applicable laws or judicial rulings and expressly approved by EventBank, your account name and password may not be assigned, bestowed or inherited in any manner. You agree to immediately notify EventBank of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
- EventBank may change, suspend or discontinue any aspect of the Service at any time. EventBank may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice. You agree that EventBank will not be liable to you or any third-party as a result of its termination of your access to the Service. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
- You represent and warrant that if you are an individual, you are at least 18 years old. If you are under 18 years old, you may only use the Service under the supervision of a parent or legal guardian who manages your use and/or account.
- User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
- Except as otherwise specified in this Agreement, User agrees that all content and materials delivered via the Service by EventBank or event organizers or otherwise made available by EventBank or event organizers as part of the Service on the Site or elsewhere (collectively, “Content”) may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Content owner in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content whether expressly protected or not. However, User may print or download a reasonable number of copies of the materials or content provided as part of the Service for User’s own informational purposes; provided, that User retains all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Service for any other purpose is strictly prohibited without the express prior written permission of EventBank.
- EventBank acknowledges and agrees that the intellectual property rights with respect to the User generated content belong solely to the User.
- Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
USE OF THE EVENTBANK SERVICE.
- User represents and warrants (i) User’s use of the Service will comply with all applicable laws and regulations (including with respect to privacy, cyber security and data protection), (ii) no content (such as documents, discussions, data, information, trademarks/logos, etc.) User submits to the Service (“User Content”) will infringe or otherwise violate any third party intellectual property rights or any applicable laws or regulations, and (iii) User’s use of the Service will not conflict with any obligations User has to any third party.
- EventBank reserves the right to remove any User Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or upon the request by such User), or for no reason at all.
- Offline Payment: Users can pay any Fees directly to the event host (“Organizer”) via cash, checks, bank transfers, at the scene of the event, through postal orders or any other means without using any online payment methods. The Organizer ultimately determines the fees and is solely responsible for any liability arising out of collecting the Fees.
- Online Payment: You may select an online payment processing method for your event that is either provided by us (“EB Payment Processor”) or by a third party provider (the “Non-EB Payment Processor”):
- EB Payment Processing. If you have requested EB Payment Processor, the service provider will determine whether you are qualified to use EB Payment Processor. If you are not qualified to use EB Payment Processor, but you are otherwise qualified to use the Service, we will notify you and you may switch to Non-EB Payment Processor.
- Prohibited Transactions. You may not use EB Payment Processor to process any of the following transactions and you represent and warrant that you will not submit for processing through the Service: (a) any transaction that would violate any law or is considered high risk, (b) any transaction that is fraudulent or criminal in nature; or (c) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitations of donations for, events, sale of items related to such events, membership payments, sponsorship for any event, or for the payment of custom invoices created in the ordinary use of the Service. Any transaction that falls into any of the categories set forth above, as determined by EventBank in our discretion, is a "Prohibited Transaction."
- You understand and agree that EventBank is not liable for any costs arising from whether a ticket of an event is or is not valid, or is or is not honored, including any tickets procured through, or representing, fraud or deceptive practices.
- User shall not submit any information to the Service that is false, misleading or inaccurate.
- User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure, security controls or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. EventBank reserves the right to bar any such activity.
- User shall not attempt to modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense or distribute any software program or applications providing the Service.
- User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any EventBank server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
- User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information of any other user or visitor to the Service, or any other customer of EventBank, including any EventBank account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
- User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or EventBank’s systems or networks, or any systems or networks connected to the Service or to EventBank.
- User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
- User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to EventBank on or through the Service. User shall not, in connection with the Service, pretend (e.g., through impersonation) that User is any other individual or entity.
- User shall not use the Service for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of EventBank or others.
THIRD PARTY SITES.
The Service may permit Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site or the Service. These other websites are not under EventBank’s control, and User acknowledges that EventBank is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by EventBank. User further acknowledge and agrees that EventBank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. EventBank may delete any link, using its reasonable discretion.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless EventBank, its affiliates and subsidiaries, and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, expenses, and damages (whether direct, indirect, incidental, consequential or otherwise), including reasonable attorneys’ fees, that arise from or in connection with (i) your use or misuse of the Service, (ii) your access to any part of the Service, (iii) your Content and/or links, (iv) your dispute(s) with any third party(ies), (v) your violation of this Agreement, or (vi) your violation of any applicable law.
Disclaimer, LIMITATION OF LIABILITY.
- Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EVENTBANK MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. In the event that some jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- Limitations of Liabilities. IN NO EVENT SHALL EVENTBANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PAYMENT PROCESSING PARTNERS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND EVENTBANK’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.).
- IN NO EVENT WILL EVENTBANK’S AGGREGATE LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, EXCEED THE AMOUNT OF FEES RECEIVED BY EVENTBANK UNDER THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE, LESS AGGREGATE DAMAGES PREVIOUSLY PAID BY USER UNDER THIS AGREEMENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY ACTS OR OMISSIONS RELATING TO THIS AGREEMENT MAY BE BROUGHT BY USER MORE THAN ONE YEAR AFTER THE OCCURRENCE OF SUCH ACT OR OMISSION.
- No Indirect Damages. IN NO EVENT WILL EVENTBANK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, DAMAGES (INCLUDING WITHOUT LIMITATION, LIABILITIES RELATED TO A LOSS OF USE, PROFITS, GOODWILL OR SAVINGS OR A LOSS OR DAMAGE TO ANY SYSTEMS, RECORDS OR DATA, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OR AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
- THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- EventBank may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User. EventBank may immediately suspend the Service in the event User breaches this Agreement or otherwise takes an action that EventBank determines (in its discretion) may harm EventBank or the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
- You may terminate your access to the Service by contacting us through firstname.lastname@example.org to delete your account. If you are a User using the Service without a registered account and you want to terminate this agreement, you should stop accessing the Service, and this Agreement will no longer apply to you.
EXPORT AND TRADE CONTROLS.
- User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or through the Service except in full compliance with all applicable laws and regulations.
- EventBank complies with certain export controls and economic sanctions laws. All Users, regardless of your location, or the location from which you are using the Service, should familiarize yourself with these restrictions. You represent and warrant that: (a) you will comply with all applicable laws in your use and receipt of the Service, including any applicable export laws; (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that 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; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
Data and PRIVACY.
- EventBank takes a variety of reasonable physical, electronic and administrative measures to protect your information and prevent your information and communication contents stored during the use of Service from being divulged, damaged or lost, including but not limited to SSL encrypted information storage.
- Please keep your account and password information confidential and protected. EventBank will not be held liable for lost or stolen data or for deletion or storage failure of relevant data on the Service for reasons that are attributable to you.
- EventBank may use your data to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about services or events EventBank believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on or off the Service that EventBank believe might be of interest to you.
- In an ongoing effort to understand and serve our Users better, EventBank often conduct research on User demographics, interests and behavior based on data that EventBank has collected. This research is typically conducted on an aggregate basis only that does not identify you. EventBank may share aggregated non-identifiable data with third parties for a variety of reasons, including, without limitation, to improve the Service and identify User needs.
- To the extent that EventBank processes any personal data on User’s behalf that is subject to the European Union General Data Protection Regulation (the “GDPR”), in the provision of the Service hereunder, the terms of the EventBank Data Processing Agreement, which are hereby incorporated by reference, shall apply. For Users that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, which provide adequate safeguards with respect to the personal data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement, apply. You acknowledge that EventBank will act as the data processor or the data controller in different scenarios, and you and/or the event organizer are the data controller under applicable data protection regulations in the European Union and European Economic Area. User will obtain and maintain any required consents necessary to permit the processing of the relevant personal data under this Agreement. If you are subject to the GDPR you understand that if you give any third party vendor access to your EventBank account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such third party vendors our sub-processors.
- The User represents and warrants User’s use of the Service will comply with all applicable laws and regulations (including with respect to privacy, cyber security and data protection).
The failure of either User or EventBank to exercise in any respect any of their rights provided herein shall not be deemed a waiver of those rights or any other rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
EventBank may transfer, assign or delegate this Agreement and its rights and obligations hereunder without consent.
Governing Law and Dispute Resolution.
- If you are using the Service through eventbank.com, this Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, USA. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be in Alexandria, VA. The arbitration proceedings will be conducted in English. The arbitration award will be final and binding on the parties, and the parties agree to be bound thereby and to act accordingly.
- If you are using the Service through eventbank.cn, this Agreement shall be governed by and construed in accordance with the laws of the PRC. Any dispute arising from or in connection with this Agreement shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitration proceeding shall take place in Beijing, using the Chinese language. The arbitral award is final and binding upon both parties. To the extent not prohibited by law, this clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- If you are using the Service through eventbank.ru, this Agreement shall be governed by and construed with Russian law. Any dispute, controversy or claim which may arise out of or in connection with this Agreement, or the entering into force, conclusion, alteration, execution, breach, termination or validity thereof, shall be settled by arbitration at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in accordance with its applicable regulations and rules. The arbitration proceeding shall take place in Moscow, using the English language. An arbitral award shall be final for the parties. To the extent not prohibited by law, this clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
This Agreement shall constitute the entire agreement between you and EventBank and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
No Partnership or Agency.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and User does not have any authority of any kind to bind EventBank in any respect whatsoever.
We appreciate your feedback and suggestions.
If you are using the Service through eventbank.com, you may contact us via email at email@example.com, or by mail at the following address:
Address: 1775 Tysons Blvd, 5th Floor, Tysons, VA 22102, USA
If you are using the Service through eventbank.cn, you may contact us via email at firstname.lastname@example.org, or by mail at the following address:
EventBK (Beijing) Limited
Address: Room 301, Tower D, Guanghualu SOHO2, No. 9 Guanghua Road, Chaoyang District, Beijing
If you are using the Service through eventbank.ru, you may contact us via email at email@example.com, or by mail at the following address:
Event BK Rus
Address: Aviamotornaya Street 8, Moscow, Russia