Thank you for using Eventzilla. By using the Eventzilla.net website, mobile applications, or related services (collectively, “Service”) owned by Eventzilla Corporation (the “Company”), you hereby agree to be bound by these Terms of Service (“Terms”) in full and without modification.
These Terms were last updated on February 29, 2020.
(a) - The Company reserves the right to update, replace, and/or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any update, replacement, and/or changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://www.eventzilla.net/terms-conditions.
(b) - The Company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any User. For the purpose of these Terms, a “User” or “you” shall be any person or entity including (without limitation) any Organizer, Seller, or Registrant that utilizes, views, uses or accesses any of the Services, whether or not such person or entity is registered for an Account.
(c) - The Company may modify or discontinue the Service or any aspect thereof at any time and without notice.
2. Privacy and Consumer Information
(b) - If you are a Seller, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules, and regulations with respect to information you collect from (or receive about) potential or actual Customers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) potential or actual Customers. For the purpose of these Terms, the term “Customer” shall include any individual seeking to potentially purchase, or who has purchased, anything items or services offered through the Services of the Company, or by any Seller using such Services.
3. Your Account
(a) - In order to use all of the features of the Service, you may be required to register for a user account (“Account”). You agree to keep your Account password secure and to be responsible for all actions and purchases made through the Account. You further agree that:
i. - You are at least 13 years of age;
ii. - You have never been banned from the Service;
iii. - All information you submit to the Service, including your full legal name, valid email address, and other information, is accurate, complete, and truthful, and will at all times be kept updated;
iv. - You will not share your Account with any other person. Your Account may only be used by one person. A single Account shared by multiple people is not permitted;
v. - You are responsible for all text, images, videos, sound clips, or other content (collectively, “Content”) posted by your Account. You will not post Content that is illegal, offensive, or designed to harass any other person;
vi. - You will not use the Service to violate the intellectual property rights of any other person and/or entity;
vii. - You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws);
viii. - You will not hack, reverse engineer, decompile, index, scrape, misuse, or interfere with the Service, its network, or its Users; and
ix. - You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from the Company.
(a) - We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, is offensive, is threatening, is libelous, is defamatory, is pornographic, is obscene, is otherwise objectionable, violates any person’s and/or entity’s intellectual property, or violates these Terms.
(b) - Verbal, physical, or written abuse (including but not limited to threats of abuse or retribution) of the Company or of any User, customer, employee, member, or officer of the Company will result in immediate Account termination.
(a) - The Service functions as a marketplace that allows ticket seller Users who are hosting events (“Sellers”) to sell tickets directly to ticket purchaser Users (“Registrants”) for the Seller's event (each, an “Event”). Other Event attendees who are specifically invited to join an Event Community will be considered “Registrants” for purposes of these Terms. The Company does not host, endorse, or have any affiliation with any of the Event. By hosting or attending an Event, you acknowledge and agree that the Company will not be held responsible for the Event.
(b) - Technical support is only provided via email, phone, and live chat on an as-available basis.
(c) - You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(d) - You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(e) - Certain laws, including but not limited to the Telephone Consumer Protection Act and the CAN-SPAM Act (“TCPA and CAN-SPAM”), prohibit certain types of unauthorized third-party communications. You acknowledge that you are familiar with the requirements of these laws and that you will not, under any circumstance, utilize any feature of the Service in violating any law, including but not limited to the TCPA and CAN-SPAM Acts. You will indemnify, defend, and hold harmless the Company from and against any liability arising due to your breach of any such law.
(f) - The Service may allow both Sellers and Registrants to send messages to each other (“User Messages”). You are solely responsible for User Messages you send, including but not limited to any liability arising from such User Messages, and agree to release, indemnify, defend, and hold the Company harmless from any such liability. You represent and warrant that you own or have the necessary rights and permissions to everything that is contained within your User Messages.
5. Community Features
(a) - The Company offers an Eventzilla Attendee Mobile Application (the “Event App”) to facilitate a community for the hosts and attendees of Events. Your use of the Event App is subject to all terms specific to the Service generally as well as the terms of this Section 6
(b) - Sellers, as Event hosts, may create an online community for any Event (each, an “Event Community”) through the Event App by following the instructions within the Event App for Sellers. Sellers who create Event Communities will be designated moderators for each Event Community.
(c) - Sellers may upload Content, including but not limited to event details, data, times, dates, sessions, attendee lists, sponsor information, and other information, to the Event Community and may moderate Content posted by other Users. Sellers may also access metrics related to the Event Community. Sellers agree to be solely responsible for any liability of any kind arising from any Community Event related Content.
(d) - Registrants and certain invited guests (or, if permitted by the Seller, any person meeting the eligibility of these Terms) may join the Event Communities corresponding to the Events for which they have purchased tickets through the Service or been invited by Sellers. In order to join an Event Community, you must agree to these Terms, and you must either
(i) - have completed your purchase through the Service and must authenticate yourself as an Event attendee through your email address or a unique invite code or
(ii) - be invited to the Event Community by a Seller.
(e) - The Company may, in its sole discretion, disable, modify, or delete any Event Community or any Content posted within any Event Community. Without limiting the foregoing, Event Communities may be deleted following the completion of the Event for which they are formed. Content posted to the Event Community may not be saved by the Company and may be lost at any time, including following deletion. You agree and acknowledge that the Company will not be liable for the destruction or loss of any Content posted to any Event Community.
6. Community Conduct
(a) - Registrants agree to:
(i) - Not post any illegal, abusive, defamatory, false, misleading, or inaccurate information of any kind to any Event Community or message any other User any such information.
(ii) - Not use the Event App for any purpose which would violate the rights, including copyright or trademark rights, of any third-party.
(iii) - Not use any Event Community for any purpose which might be commercial (other than to promote an Event) in nature.
(b) - Sellers agree to:
(i) - Moderate Event Communities they have hosted to ensure that Registrants comply with Section 7(a) of these Terms.
(ii) - Not post any illegal, abusive, defamatory, false, misleading, or inaccurate information of any kind to any Event Community or message any other User any such information;
(iii) - Not use any Event Community for any purpose which might be commercial in nature, provided that Sellers may display messages and content from sponsors of the respective Event or sponsors otherwise affiliates with the Seller or the Event App.
(iv) - Use push notifications only to send legitimate Event related administrative messages to Users.
(v) - Not use the Event App for any purpose which would violate the rights, including but not limited to copyright or trademark rights, of any third-party.
(b) - The Company will automatically charge a service charge as listed on our pricing page at https://www.eventzilla.net/pricing at the time of any purchase / registration made for any event. As a Registrant, you agree to pay the full price for the event plus the Eventzilla service charge per ticket, if the Seller chooses to pass on the Eventzilla service charge to you. As a Seller, you agree to pay the Eventzilla service charge per ticket / registration if you choose to absorb the service charge.
(c) - The Company will charge credit card processing fees to Registrants in the case of payments made through Eventzilla Payments. In the case of other online payment providers, Sellers will pay the payment processing fees directly to their payment provider.
(d) - Payments made through other payment provider or payment methods (including but not limited to wire transfers, check or cash) may be offered in the sole discretion of the Seller for any Event. In such cases, the Company will forward an invoice for collection of the fees owed by the Seller. Invoices will be sent via email to the Seller's registered email address on a monthly basis and are due and payable within 15 days of receipt of the invoice. In case of non-receipt of payments, the Company may terminate the Account including all current events and might also take other measures to recover the dues as appropriate.
(e) - In addition to any other charges or payments, Sellers may elect to purchase a Premium Bundle. Premium Bundles allow purchasing Sellers to access an additional suite of features, which will be listed on the Eventzilla Services quotation provided to such potential Sellers purchasing Premium Bundles (the “Premium Bundle Quote”). A User must accept the Premium Bundle Quote and pay the invoice in full in order to access such features. The Premium Bundle Quote will include additional terms, which shall be considered binding and made a part of these Terms. The Premium Bundle and its pricing and features are subject to availability. Premium Bundles are non-refundable and no credits will be issued. If a Seller utilizing a Premium Bundle exceeds the allotted number of registrations, the Seller will be assessed overage charges at Eventzilla’s then-current rates. Eventzilla reserves the right to offer or decline to offer Premium Bundles to any User. Premium Bundles may be renewed automatically on a yearly basis. If a Seller fails to make the payment when due or otherwise chooses not to renew, the Premium Bundle features will become disabled at the end of the then-current term.
(f) - USE CAUTION WHEN MAKING ANY PURCHASE. THE SERVICE IS A MARKETPLACE BETWEEN INDIVIDUAL USERS, REGISTRANTS, PURCHASERS AND SELLERS. EVENTZILLA CANNOT GUARANTEE THE AUTHENTICITY OF ANY PURCHASE OR ANY EVENT.
8. Refunds and Cancellations
(a) - Because the Service is merely a marketplace for Sellers and Registrants, the Company has no obligation provide and/or offer refunds for any purchases made through the Service. Sellers may set their own refund and cancellation policies for their Registrants. Registrant must contact Seller directly for refund and cancellation requests and information; requests made to the Company will not be processed. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.
(b) - Registrants and Sellers will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, fraudulent transactions, or any other circumstance whatsoever, except as expressly provided for in this Section 8(b).
(i) - The Company will refund service charges for test orders.
(ii) - The Company may, in its sole discretion, offer refunds of the service fees for Events that are cancelled if such event payments were processed with a Payment Provider. The Company will refund both the service fees and credit card processing fees for Events that are cancelled if such Event payments were processed with Eventzilla Payments. Refunds made pursuant to this Section 8(b)(ii) will only be made if an entire order is canceled; partial cancellations of orders (for example, tickets for one of several Events purchased in one order) will not be refunded.
(c) - Sellers must contact the Company directly to request any refund under Section 8(b). Registrants must contact Sellers to arrange for refund requests.
(d) - Sellers may be required to pay a fee to the Company in order to publish an Event Community. Fees are strictly nonrefundable. The Company may, but is not required to, offer free trials. In the event of a free trial, if the trial ends and the Seller does not make the payment as required, the Event Community and all related content will be permanently deleted.
9. Copyright Policy
Eventzilla prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
545 Metro Place South,
One Metro Place,
When contacting the Company, please make sure that you include the following information:
(a) - a statement that you have identified content on Eventzilla that infringes your copyright or the copyright of a third-party on whose behalf you are entitled to act;
(b) - a description of the copyright work(s) that you claim have been infringed;
(c) - a description of the content that you claim is infringing and the Eventzilla URL(s) where such content can be located;
(d) - your full name, address and telephone number, a valid email address on which you can be contacted, and your Eventzilla username if you have one;
(e) - a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) - a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
(g) - with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
(h) - your electronic or physical signature (which may be a scanned copy).
Eventzilla will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Section 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
10. Repeat Infringer Policy
(a) - In accordance with the DMCA and other applicable laws around the world, Eventzilla has adopted a policy that it will promptly terminate without notice any User's access to the Service if that User is determined by Eventzilla to be a "repeat infringer." A repeat infringer includes, without limitation, a User who has been notified by Eventzilla of infringing activity violations more than twice and/or who has had any User-submitted content removed from the Service more than twice. Eventzilla may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(b) - In addition, Eventzilla accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
(c) - Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms.
11. Limitation of Liability and Disclaimers
(a) - By using the Service, you acknowledge and agree that the Service is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose or merchantability. Without limiting the foregoing, the Company does not warrant that
(i) - the Service will meet your specific requirements,
(ii) - the Service will be uninterrupted, timely, secure, or error-free,
(iii) - the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) - the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or the representations of the Seller, and
(v) - any errors in the Service will be corrected.
(b) - Sellers, and not the Company, are solely responsible for hosting, promoting, planning, and conducting the Events. By using the Service, you acknowledge and agree that in no event shall the Company be liable to any User, person, and/or entity (including but not limited to Registrants and Sellers) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of
(i) - any Event;
(ii) - any fraudulent claims made by any Seller; or
(iii) - the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
(c) - By using the Service, you acknowledge and agree to use caution when attending or participating in any Event.
(d) - By using the Service, you acknowledge and agree that the Company does not screen, vet, or otherwise endorse any Event.
(e) - By using the Service, you acknowledge and agree that the Company cannot be, and is not, responsible for safety at any Event.
(a) - You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) - your involvement or attendance at any Event; (b) your breach of these Terms or the documents referenced herein; or (b) your violation of any law or the rights of a third-party.
13. Attorney Fees
In the event that Eventzilla is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for Eventzilla’s attorneys' fees and costs, including but not limited to attorneys’ fees and costs incurred in collecting any judgment.
14. Jurisdiction and Choice of Law; Dispute Resolution
Subject to Section 15 hereof, If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Ohio, for the resolution of any such dispute. Acceptance of these Terms constitutes your consent to be sued in such courts and to accept service of process outside the State of Ohio with the same force and effect as if such service had been made within the State of Ohio. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
15. Arbitration Provision/No Class Action
Except where prohibited by law, and notwithstanding Section 14 hereof, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Ohio, County of New Castle, or the United States District Court for the District of Ohio. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Ohio, County of New Castle, or the United States District Court for the District of Ohio. Notwithstanding the terms of this Section 15, the parties may bring claims in the state or federal courts of Ohio (subject to Section 14 hereof) for injunctive relief relating to the infringement of intellectual property.
16. Chargebacks and Additional Payment Terms
(b) - For Indian Rupee (INR) transactions, any credit card chargebacks initiated by any User for any reason, with the exception of fraudulent use of the credit card, shall be charged back to such User. The Company shall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with The Company; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by the Company within thirty (30) days, the Company reserves the right, at its sole discretion, to terminate these Terms and to cancel all other Events listed by you and / or to pursue other legal avenues to recover the monies owed by you.
(c) - In the event of a chargeback made through Eventzilla Payments (other than pursuant to Section 8(b)), WePay will coordinate the chargeback investigation and refund policy. Chargebacks made through Payment Provider (other than pursuant to Section 8(b)) will be the responsibility of the Seller.
17. Intellectual Property
(a) - You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “Eventzilla," for any purpose other than those expressly permitted in these Terms. The Company reserves all rights to its all intellectual property.
(c) - You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any User Messages or public material you post to the Site or share with the Company. You represent and warrant that you have the right to enter into this license.
(a) - The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
(b) - Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.
(c) - Our postal address is: Eventzilla Corporation, 545 Metro Place South, One Metro Place, Suite 100, Dublin, OH 43017
(d) - Questions about these Terms should be sent to email@example.com