1.1 The following terms and conditions govern all use by organizers ("You" or "Organizer") of the ezEvent, website and domain (including all webpages, and subparts therein, the “Site”), any and all services available on or through the Site provided by ezEvent for your events, and all software (collectively the “Services”). The Services are owned and operated by ezEvent, and are offered to You without modification of all of the terms and conditions contained herein along with all other policies, procedures, and operating rules that may be published from time to time.
Buyer: Buyer shall mean the individual purchasing or obtaining tickets to an Organizer-sponsored event through ezEvent.
Organizer: Organizer shall mean the individual or organization that is hosting an event and registering the event with ezEvent.
Services: Services shall refer to any services available on or through the Site provided by ezEvent and all software made available to Organizer.
Site: Site shall mean the website located at www.ezEvent.com and all subparts therein.
3.1 ezEvent is a web-based application for event planners who want to create an event, publicize the event, and sell tickets online in a matter of minutes. ezEvent provides self-service event registration and mobile ticketing services to event organizers.
4.1 ezEvent hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting event Registration fees and information for, an event that you have registered on the Site, in each case (i) in compliance with these terms and conditions, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (ii) 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; (iii) rent, lease, resell, distribute or use the Services for commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with these terms and conditions); (iv) remove or alter any proprietary notices or labels on or in the Services or Site; or (v) engage in any activity disrupts the Services or that is deemed illegal or inappropriate in the sole discretion of ezEvent.
5.1 Site Content. You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by ezEvent in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by ezEvent in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of ezEvent. You shall use the Site Content only for purposes that are permitted under these terms and conditions and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
5.2 Your Content. You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content") as an Organizer, you hereby grant to ezEvent a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If ezEvent determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with these terms and conditions, ezEvent will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Buyers. ezEvent reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that ezEvent may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of ezEvent both on the Site and in marketing and promotional materials.
6.1 Payment. Regardless of payment method You choose, ezEvent charges a per-ticket fee for the Services.
6.1.1 Payment via ezEvent Merchant Account: ezEvent will collect all event ticket proceeds on your behalf. ezEvent will deduct its ticketing fees, credit processing fees, chargebacks, and similar fees from your event ticket proceeds to determine your net earnings. ezEvent will send payment to the Organizer for the net earnings owed within seven (7) to ten (10) days after the end of the event. Payment will be mailed to the address provided in the Payment section of the Site. Should the event be cancelled or not occur, You must notify ezEvent in writing prior to the event's scheduled date and time and ezEvent will refund directly to the attendees all ticket prices charged to your attendees. ezEvent will not refund the per-ticket fee for cancelled or non-occurring events. ezEvent will owe Organizer nothing. All fees and any other monies considered by this Agreement are payable in United States Dollars.
6.1.2 Payment via PayPal® For PayPal® accounts, all event ticket proceeds shall be deposited directly into Organizer's PayPal® account. If registering a PayPal® account, Organizer must grant permission to ezEvent to debit the appropriate payment from Organizer's account. ezEvent will deduct ticketing fees from your event ticket proceeds to determine your net earnings. The per-ticket fee is payable to ezEvent in the case of event cancellation or non-occurrence. When You use a PayPal® account for payment, You as the Organizer shall be responsible for refunds for cancelled events. ezEvent shall not be responsible for refunds when Organizer uses a PayPal® account.
6.1.3 Payment via Offline Options (Pay by Check, Invoice the Buyer, Pay at Door) For all offline payment methods, Organizer shall collect all event ticket proceeds directly. It is Organizer's responsibility to provide instructions as to how the Buyer should provide payment by using the instructions fields on the Buyer Payment Options screen. ezEvent will send an invoice to Organizer for the ticketing fees owed within seven (7) to ten (10) days after the end of the event. Organizer agrees that all fees owed to ezEvent are due and payable immediately upon receipt of invoice, and such fees shall be remitted to ezEvent by check to the address stated on the invoice.
6.2 Refunds and Chargebacks. It is Your responsibility to communicate Your refund policy to all Customers and to provide refunds to ticket Buyers. All disputes regarding refunds and chargebacks are between You as the Organizer and the Buyer. ezEvent will not be responsible or liable for chargebacks, fraudulent transactions, errors, processing delays, or lack of refunds related to the ezEvent service.
6.3 Notwithstanding the foregoing, You acknowledge and agree that, to protect its reputation and the integrity of the Site, ezEvent shall have the right (but not the obligation) to force or provide a refund to Customer of any or all amounts paid for tickets at any time for any reason or no reason, including without limitation if ezEvent receives complaints from a substantial number (as determined by ezEvent in its sole discretion) of Customers with respect to an Organizer or the applicable Event, or ezEvent determines in its sole discretion that the Organizer or event have engaged in any fraudulent activity or made any misrepresentations. ezEvent shall have no liability whatsoever to an Organizer in connection with or arising from any such decision to force or provide refunds. In the event that either ezEvent or Organizer provides a refund to a customer, Organizer is still responsible for the per ticket fee payable to ezEvent as if the ticket had not been refunded. If You as the Organizer request that ezEvent provide a refund for a customer, You are still responsible for any credit processing fees for such refund.
7.1 You agree to defend, indemnify and hold EzEvent, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, 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") due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. ezEvent shall provide notice to you of any such Claim, provided that the failure or delay by ezEvent in providing such notice shall not limit your obligations hereunder. ezEvent reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting ezEvent’s defense of such matter.
8.1 SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SITE MAKES NO ASSURANCES THAT FILES ORGANIZER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO ORGANIZER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
9.2 ezEvent is the sole owner of the information collected on this Site. ezEvent only has access to or collect information that Organizer voluntarily gives to ezEvent by registering an event on Site or through other direct contact from Organizer. ezEvent will use Organizer information to respond to Organizer regarding the reason Organizer contacted ezEvent. ezEvent will not share Organizer information with any third party outside of our organization, other than as necessary to fulfill Buyers’ requests and or orders by Buyers, e.g. to ship an order, or to respond to a verified law enforcement, or other governmental department request or subpoena relating to a criminal investigation or alleged illegal activity. In such events, Site will disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, and financial information. Site reserves the right to report to law enforcement agencies any activities that it believes, in good faith, to be unlawful.
9.3 ezEvent takes precautions to protect Organizer information. When Organizer submits sensitive information via the Site, Organizer information is protected both online and offline. Whenever ezEvent collects sensitive information (such as credit card data or other financial data), that information is encrypted and transmitted to ezEvent in a secure way. Organizer can verify this by looking for a closed lock icon at the bottom of Organizer’s web browser, or looking for "https" at the beginning of the address of the web page. ezEvent is committed to not re-identifying sensitive information collected by Site. While ezEvent uses encryption to protect sensitive information transmitted online, ezEvent also protects Organizer information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which ezEvent stores personally identifiable information are kept in a secure environment.
9.4 Organizer can do the following, at any time, by contacting ezEvent via the email address or phone number given on the Site:
To stop receiving promotional or marketing emails or to opt-out of having Organizer’s information sent to third parties for marketing purposes, Organizer can follow the instructions in any promotional email Organizer receives from Site or can opt-out during the registration process. Even if Organizer opts out of receiving promotional or marketing emails, Organizer will still be contacted with transactional messages.
10.1 Except in jurisdictions where such provisions are restricted, in no event will the Services be liable to Organizer for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if Organizer has been advised of the possibility of such damages.
11.1 Organizer agrees that any controversy or claim arising out of or relating to the use of the Services will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. Organizer agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Hartford County.
12.1 Any controversy or claim arising out of or relating to the use of the Services, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of Services’ headquarters, Hartford County, Connecticut, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
12.2 All claims brought by Organizer against Site or Services must be resolved in accordance with this Arbitration and Dispute Resolution Section. All claims filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should Organizer improperly file a claim, Site or Services may recover attorneys' fees and costs up to $1,000USD from Organizer, provided that Site or Services has notified Organizer in writing of the improperly filed claim, and Organizer fails to promptly withdraw the claim after Organizer receives notice of improper filing from Site or Services.
13.1 Site shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under the Services’ control (hereinafter all of the foregoing is collectively referred to as FORCE MAJEURE). Notwithstanding the foregoing, the Services shall be permitted to terminate this Agreement with or without notice to the Organizer in the event that Organizer is prevented from performing hereunder due to FORCE MAJEURE.
14.1 Entire Agreement These terms and conditions constitutes the entire agreement between You and ezEvent and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between You and ezEvent on the subject matter hereof, other than any written Addendums between You and ezEvent. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third party Content or third party software or the Services in a manner other than as governed under this Agreement.