If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Eventbrite of any unauthorized uses of your account or any other breaches of security. Eventbrite will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file or computer software. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
• the Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Eventbrite or otherwise.
User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, Eventbrite has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any Eventbrite policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Eventbrite’s sole discretion. Eventbrite will have no obligation to provide a refund of any amounts previously paid.
Eventbrite has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Eventbrite does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Eventbrite disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which company_domain links, and that link to company_domain. company_short_name does not have any control over those non-company_domain websites and webpages, and is not responsible for their contents or their use. By linking to a non-company_domain website or webpage, company_short_name does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. company_short_name disclaims any responsibility for any harm resulting from your use of non-company_domain websites and webpages.
As Eventbrite asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Eventbrite. Eventbrite will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Eventbrite will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, Eventbrite determines that the visitor is a repeat infringer of the copyrights or other intellectual property rights of Eventbrite or others.
The Agreement does not transfer from Eventbrite to you any Eventbrite or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Eventbrite. Eventbrite, EventTribe, the EventTribe logo, and all other trademarks, service marks, graphics and logos used in connection with EventTribe or the Website are trademarks or registered trademarks of Eventbrite or Eventbrite’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Eventbrite or third-party trademarks.
Eventbrite reserves the right, at its sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Eventbrite may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
Eventbrite may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Eventbrite and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Eventbrite nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website, at your own discretion and risk.
In no event will Eventbrite or its suppliers or licensors be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) for any amounts that exceed USD 100 (one hundred US Dollars). Eventbrite shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Eventbrite, its affiliates, contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between Eventbrite and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Eventbrite or by the posting by Eventbrite of a revised version. Except to the extent applicable law, if any, provides otherwise, the Agreement and any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. Any dispute or claim shall be resolved exclusively by a federal court located in San Francisco County, California, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in San Francisco County, California. Both you and Eventbrite agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Eventbrite may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated 10 January 2017.