Welcome to Eventlify! Eventlify is the premier golf event management software that transforms the complexity of golf tournament administration into an efficient and effective process. Our cloud-based platform allows event organizers to optimize productivity, while increasing revenue and visibility.
Eventlify’s websites and domains, including www.Eventlify.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces). Eventlify is a Illinois corporation with its principal place of business at 150 N Michigan Ave #2800, Chicago, IL 60601.
You acknowledge and agree that, except as set forth below, all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree 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. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Company. Notwithstanding the foregoing, those who are subscribers to the Service (“Subscribers”) are granted a non-transferable, limited license to access and use the Service solely for the aggregation of information for its designated events (the “Content”). Company does not review or pre-screen the Content and claims no intellectual property rights with respect to the Content.
Subscribers and participants in events for which the Company has been engaged (“Participants”; collectively, Subscribers and Participants shall be referred to as “Users”) agree that they will not knowingly use the Content or Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.
Except for the non-exclusive license granted pursuant to this Agreement, Users acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Company.
Subscribers who configure the information from the website to share or make available certain Content to the public are deemed to acknowledge and agree that everyone will have access to the Content (the “Public Content”). Users agree that Company shall have no liability for the disclosure of any Content, which becomes Public Content.
Company reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades. Company shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Users, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs.
Through the Services, Eventlify provides a simple and quick means for registered users who are event organizers, planners and charitable organizations (“Organizers”) to create event registration, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers of the Services and to sell tickets and registrations (or issue free registrations), and solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
As a marketplace for events of all shapes and sizes, Eventlify understands the importance of providing a clean, well-lit platform where Attendees have full disclosure of the terms of their purchase and where those terms meet certain minimum requirements. For that reason, Eventlify has created the following terms and conditions governing refund policies of Organizers of paid events on the Services (the “Attendee Refund Policy Requirements”). By accepting the Terms of Service, you agree to the terms of these Attendee Refund Policy Requirements without modification and enter into a binding contract with Eventlify, which will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for a paid event.
These Attendee Refund Policy Requirements and the rights and obligations contained in these Attendee Refund Policy Requirements are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Attendee Refund Policy Requirements shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.
We understand that refund policies vary depending on the type of event and the Organizer. Because of that, we provide flexibility for Organizers to post their own policies with respect to their events, so long as they meet the following minimum requirements:
(a) Refund policies must be posted on the applicable event page;
(b) “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;
(c) Refund policies (including “no refund” policies) must provide for a refund or other make good for complete failure to provide the advertised goods and services (e.g., event cancellation);
(d) Refund policies must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Form of Payment Frameworks (each as defined in the Merchant Agreement);
(e) Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;
(f) Refund policies may not be changed with respect to purchases made prior to the date of such change and its posting to the applicable event page;
(g) Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and
(h) Refund policies must otherwise be fair and reasonable.
If a refund policy is not posted or does not meet these minimum requirements set forth above, Eventlify may (but has no obligation to) modify such refund policy such that it meets these minimum requirements. Such modification may take the form of prospectively making changes to the actual refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.
In order to initiate a refund request, an Attendee should contact an Organizer directly as set forth in the applicable refund policy. If no contact information is listed, the Attendee should use the contact the organizer button on the event page or such other information posted on the event page. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth in Section 3.1 above.
In the event that Organizer fails to honor a refund that an Attendee believes is due under the applicable refund policy and/or the minimum requirements set forth above, that Attendee may request that Eventlify initiate a refund by contacting us. Eventlify will review the facts and circumstances and determine whether or not a refund is due in accordance with the applicable refund policy and the minimum requirements set forth above. Eventlify will endeavor to complete its review within thirty (30) days of being contacted by Attendee. Attendees should note that if an Organizer has selected a facilitated payment method such as PayPal® for an event, Eventlify will not have control of the funds and Eventlify will need the provider of the facilitated payment method to cooperate in order to obtain a refund, which may not happen. All determinations of Eventlify with respect to these Attendee Refund Policy Requirements, including without limitation the orders to be refunded and the size of any refund, shall be final and binding on both Organizer and Attendee.
These Attendee Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Organizer and are not a guarantee that refunds will be issued in any given situation.
The following policy sets forth the terms and conditions upon which Organizers can use the Services to create, promote and/or collect sales proceeds for an event selling tickets and/or registrations (this “Merchant Agreement”). By accepting the Terms of Service, you agree to the terms of this Merchant Agreement without modification and enter into a binding contract with Eventlify, which will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for an event selling tickets and/or registrations.
As part of the creation of a paid event or at any time following such creation, you may be required by Eventlify to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or drivers license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to:(a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
We reserve the right to suspend your Eventlify account or to withhold any amounts due to you in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.
(a) Payment Methods
There are three types of payment methods Organizers may elect to use to collect sales proceeds for paid events: (i) “Pay by Check” which consists of collecting all sales proceeds from ticket, registration and merchandise sales and donations solicited via the Services (collectively, “Event Registration Fees”) using third party payment services, such as PayPal®; and (ii) “Pay by Credit Card” “Eventlify Payment Processing,” or the “EPP Service,” in which Eventlify acts as Organizer’s limited payment collection agent for the purpose of collecting Event Registration Fees through its Payment Processing Partners (as defined below); and (iii) “Pay by Cash”
(b) Eventlify’s Role.
For the avoidance of doubt, Eventlify does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer other than, for Organizers who elect EPP, serving as a limited payment collection agent as set forth below. To provide the EPP Service, Eventlify utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Organizers and Eventlify are subject to the rules and regulations of such Payment Processing Partners. For convenience, Eventlify shows you a balance of proceeds for your events in your Eventlify account, however, that balance merely reflects the amount of Event Registration Fees collected by a third party payment service (FPP) or by our Payment Processing Partners (EPP), and in the case of EPP, represents only a general unsecured claim against Eventlify and not a store of value or a deposit/current account.
Upon an order being placed by an Attendee and confirmed through Eventlify, Eventlify generates a confirmation message and issues a unique confirmation number for such Attendee’s order. Organizer agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by Eventlify through the Services, and it is Organizer’s responsibility to verify an Attendee’s confirmation number and/or any event restrictions prior to the applicable event.
To the extent Organizer uses EPP, Organizer also agrees to pay Eventlify the additional Eventlify Payment Processing fee (the “Eventlify Payment Processing Fee”) for each ticket, registration or other item sold or donation solicited via the Services. Note that these fees are subject to change from time to time with respect to transactions that occur following the change. In addition, Organizer may from time to time request additional Services from Eventlify, including without limitation, marketing and promotion services, equipment leasing, on-site services, printed tickets and dedicated account management, which Eventlify may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such ancillary Services (the “Ancillary Fees”) will be disclosed to Organizer prior to Organizer’s acceptance of such Services. The Eventlify Service Fee, the Eventlify Payment Processing Fee and the Ancillary Fees are referred to herein as the “Fees.”
If you have requested EPP, then upon receipt of Additional Registration Data, Eventlify will determine, in its discretion, whether you are qualified to use EPP. If you are not qualified to use EPP, but you are otherwise qualified to use the Services, Eventlify will notify you and you may switch to FPP unless the reason that you do not qualify for EPP is that your event is a Prohibited Event, you are a Prohibited Merchant and/or your transactions are Prohibited Transactions, in each case as such terms are defined in Section 5. For risk management and security reasons and to meet the requirements imposed by our Payment Processing Partners, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through EPP and you authorize us to reject any transaction over that limit.
(b) Payment Process.
When using EPP, payment processing occurs directly through our Payment Processing Partners. Within five (5) business days after the successful completion of an event, Eventlify will cause our Payment Processing Partners to pass along all Event Registration Fees related to such event that have been collected by our Payment Processing Partners, subject to (i) deduction of all applicable Fees then due; (ii) any other deductions authorized pursuant to this Merchant Agreement; and (iii) any reserves established as set forth in subsection (f) below. Such payouts will be made only to the payout information designated by Organizer on the Services under “Payment Options.” Payouts are made by ACH, or for Organizers with Event Registration Fees in USD, by check to an address in the United States or Canada. In addition, EPP may allow you to accept payments from card based payment networks, such as Visa®, MasterCard®, American Express® and Discover® (collectively, the “Card Schemes”). Except to the extent set forth in a Commercial Entity Agreement (as defined below and to the extent applicable) between you and one of our Payment Processing Partners or a Card Scheme, you are not a direct party to any agreement with any Payment Processing Partner, Card Scheme or Alternative Form of Payment Framework, nor are you a third party beneficiary of any such agreement. In addition, by accepting a particular Card Scheme payment type (e.g., MasterCard, Visa, American Express), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time.
(c) Appointment as Agent.
With respect to any events for which Organizer uses EPP, Organizer hereby appoints Eventlify as Organizer’s limited payment collection agent solely for the purpose of collecting payments made by Attendees for such events through our Payment Processing Partners. Organizer agrees that a payment made by an Attendee to Eventlify shall be considered the same as a payment made by an Attendee directly to Organizer and Organizer will sell or provide all advertised goods and services to the Attendee as if Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from Eventlify. Organizer agrees that in its role as limited agent, Eventlify is authorized to (i) enable Attendees to transfer or upgrade a ticket and/or registration (if such transfers are permitted by Organizer during the event registration process); (ii) hold, disburse and retain proceeds on Organizer’s behalf pursuant to this Merchant Agreement; (iii) issue refunds to Attendees as set forth in Section 4.4 below; and (iv) manage credit card chargebacks as set forth in subsection (g)
below. In accepting appointment as the limited agent of Organizer, Eventlify assumes no liability for any acts or omissions of Organizer and Organizer understands that Eventlify’s obligation to pay Organizer is subject to and conditional upon receipt of the associated Event Registration Fees from Attendees. Organizer further authorizes Eventlify to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside the United States, provided, that Eventlify will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following the conclusion of the applicable event. Eventlify, in its discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth in Section 4.3(b), on such terms and conditions set forth in this Merchant Agreement and/or such terms that Organizer and Eventlify agree to in a separate Advance Payments Agreement. Organizer agrees that any payments made by Eventlify of Event Registration Fees prior to the fifth (5th) business day after the end date of the applicable event are merely advances of amounts that may become due to Organizer under this Merchant Agreement. If Eventlify decides to advance a portion of Eventlify Registration Fees to Organizer, Organizer acknowledges and agrees that Eventlify may at any time (i) terminate or suspend Organizer’s right to receive such advance payments; and/or (ii) alter the terms (i.e. frequency, reserve rate and maximum aggregate cap) of such advance payments made to Organizer. In addition, Organizer agrees that Eventlify may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Organizer’s credit profile or the underlying event(s)’ risk profile, or breaches of the Terms of Service, including this Merchant Agreement. Upon receipt of notice of any such demand, Organizer shall thereupon promptly pay back to Eventlify the portion of any such advance demanded. Organizer acknowledges and agrees that Eventlify has the right to withhold funds as set forth in Section 4.5(a) of this Merchant Agreement. Organizer also acknowledges and accepts its obligations under Section 4.3(g) and 4.4(c) of the Merchant Agreement, including its obligations to reimburse Eventlify for refunds and credit card chargebacks.
(e) Cancellations; Nonperformance.
No payments shall be made to Organizer with respect to any event that is cancelled or with respect to which Eventlify believes there is a risk of cancellation or nonperformance, unless Eventlify receives adequate security (as determined by Eventlify in its discretion) for Organizer’s obligations under this Merchant Agreement. In addition, no Event Registration Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to an Organizer for a cancelled event, Organizer will immediately refund to a payment address designated by Eventlify all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under Section 4.4.
Eventlify reserves the right to retain a certain percentage of Event Registration Fees (with such percentage being determined by Eventlify in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Organizer’s credit profile or the underlying event(s)’ risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under the Terms of Service, including this Merchant Agreement. Eventlify’s right to hold a reserve shall continue following the applicable event(s) and until either (A) Organizer has discharged all obligations under the Terms of Service and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed or (B) Organizer has otherwise provided Eventlify with adequate security (as determined by Eventlify in its discretion) for its obligations under the Terms of Service, whether matured or unmatured, contingent or non-contingent, or liquidated or unliquidated.
(g) Chargebacks; Reversals.
Any credit card chargebacks or other transaction reversals initiated against Eventlify or its affiliates for any reason (except to the extent they are caused solely by Eventlify’s negligence or willful misconduct) with respect to an Organizer’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Eventlify or its affiliates in connection with such chargebacks shall ultimately be the responsibility of Organizer, and Organizer agrees to promptly and fully reimburse Eventlify for such amounts on demand. As part of Eventlify’s limited payment collection agency, Eventlify will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Organizer and Organizer hereby authorizes Eventlify to do so and agrees to use reasonable efforts to cooperate with Eventlify in such re-presentment. However, Eventlify shall have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Organizer’s refund policy or the provisions of Section 4.4(c) below. Understanding the nature of the Payment Scheme Rules (as defined below) and the discretion that they provide to the Card Schemes and Alternative Form of Payment Frameworks, both parties agree that Eventlify’s loss of any chargeback that has been re-presented by Eventlify shall not in any way limit Organizer’s obligation to reimburse Eventlify and its affiliates under this paragraph.
Eventlify only provides the Eventlify Payment Processing Service for certain currencies and for Organizers in certain locations. In addition, Event Registration Fees collected in a currency may only be paid out to Organizer in the currency in which they are collected. Eventlify does not provide currency conversion services.
(i) Payment Scheme Rules.
The Card Schemes and Alternative Form of Payment Frameworks require that you comply with all applicable bylaws, rules and regulations published by them from time to time (collectively, the “Payment Scheme Rules”). We may be required to change this Merchant Agreement in connection with amendments to the Payment Scheme Rules. Depending on what payment methods you elect to use in EPP, you may be subject to different Payment Scheme Rules. You agree to comply with any applicable Payment Scheme Rules as in effect from time to time. These Payment Scheme Rules, include without limitation, a requirement to submit only bona fide transactions, limits on how you use the Card Scheme logos and trademarks and authorization to use certain of your information to show that you participate in the Card Schemes. The Payment Scheme Rules are publicly available from the websites of the related Card Schemes and Alternative Form of Payment Frameworks.
(a) Refund Policy and Process.
Regardless of what payment method is selected, Organizer agrees to communicate a refund policy to Attendees with respect to each event posted on the Services that meets the requirements of the Attendee Refund Policy Requirements available here and to administer such policy in accordance with its terms and the Attendee Refund Policy Requirements. The Attendee Refund Policy Requirements are incorporated by reference into this Merchant Agreement. All refunds for EPP transactions must be processed through Eventlify, unless otherwise agreed by Eventlify. For EPP transactions, Organizer can issue refunds to Attendees directly through the Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by Eventlify. Eventlify may determine in its discretion not to process any refunds which are manual, in which case they will be processed directly by Organizer.
(b) Refund Disputes.
Regardless of what payment method is selected, all disputes regarding refunds are between Organizer and its Attendees. In the event of a dispute, Eventlify may try to mediate, but ultimately it is Organizer’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to EPP transactions, Eventlify shall have the right to make refunds on Organizer’s behalf as set forth in subsection (c) below.
(c) Mandatory Refunds.
Notwithstanding the foregoing, Organizer authorizes Eventlify to make refunds in the following situations (i) Organizer specifically authorizes the refunds at the time; (ii) Eventlify believes in its discretion that specific orders should be refunded under the Organizer’s posted refund policy or the Attendee Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules; (iii) Eventlify believes in its discretion that the refund request, if not granted, will lead to a chargeback that Eventlify is more likely than not to lose; (iv) Organizer failed to list a refund policy on the applicable event page and Eventlify believes in its discretion that a refund would be reasonable under the circumstances; (v) Eventlify believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) Eventlify believes in its discretion that the order is a duplicate. Organizer also authorizes Eventlify to make refunds of any and all orders (including those for unrelated events) if (A) Eventlify believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations; (B) Eventlify believes in its discretion that there is substantial risk of nonperformance by Organizer with respect to the applicable event or future events; (C) Eventlify believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (D) Eventlify believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose Eventlify to legal liability. Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse Eventlify and its affiliates upon demand for refunds that Eventlify makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds are caused by Eventlify’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to Eventlify in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Eventlify is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement.
(a) Non-Exclusive Remedies.
In the event that Organizer fails to pay to Eventlify any amount owed pursuant to the Terms of Service (including without limitation this Merchant Agreement) when due and following a late payment notice being delivered by Eventlify, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one percent (1%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Organizer to Eventlify under the Terms of Service (including without limitation this Merchant Agreement), Eventlify may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations (A) withhold any amounts due to Organizer, whether for a particular event or for any other event that Organizer lists through the Services and use the withheld amount to setoff the amount owed by Organizer to
Eventlify; and/or (B) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay Eventlify such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Eventlify hereunder is not made by Organizer when due and after receiving a late payment notice from Eventlify, Eventlify reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have).
(b) Costs of Collection.
Organizer agrees to promptly and fully reimburse Eventlify upon demand for all out-of- pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Eventlify in collecting past due amounts from Organizer under this Merchant Agreement, the Terms of Service or otherwise.
i. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if Eventlify provides you with tax tools or tax calculators that assist you in doing so. Eventlify does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release Eventlify of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax
calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and Eventlify will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. Eventlify cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires Eventlify to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse Eventlify for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
ii. Except as set forth in Section 4.5(c)(ii), in addition, due to IRS regulations, if Eventlify processes transactions and issues you payouts (A) for more than twenty thousand dollars ($20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, Eventlify is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number (“Your Tax Information”). As part of these IRS regulations, Eventlify is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to US taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from Eventlify until either (A) or (B) above are satisfied. To learn more about these IRS regulations and why we are required to do this, see our 1099-K FAQ here.
iii. Eventlify reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by Eventlify.
From time to time, one or more Card Schemes may require that you enter into an additional agreement directly with one of our Payment Processing Partners or with the applicable Card Scheme. Typically this happens if your transactions exceed one hundred thousand dollars ($100,000) with respect to a particular Card Scheme on an annual basis in a given geography. If we believe that your account is likely to be subject to this additional requirement, we will provide you with a “Commercial Entity Agreement” that you must agree to in order to continue using EPP. If you fail to accept that “Commercial Entity Agreement,” we may suspend or terminate your account or transfer your account to FPP.
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
(a) 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 (“Restricted Countries”);
(b) you are not a person or entity or under the control of or affiliated with a person or entity that (i) appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; (ii) appears on the U.S. Department of State’s Terrorist Exclusion List; (iii) appears on the Bureau of Industry and Security’s Denied Persons List; (iv) appears on the Consolidated List of Targets published by the U.K. HM Treasury; (v) appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (vi) is subject to sanctions in any other country; and
(c) you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended.
If you fall into any of the categories set forth above, as determined by Eventlify in its discretion, you are a “Prohibited Merchant.”
You may not post events to the Services that:
(a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
(b) would be prohibited under the Payment Scheme Rules;
(c) take place in Restricted Countries; and
Any event that falls into any of the categories set forth above, as determined by Eventlify in its discretion, is a “Prohibited Event.”
You may not use EPP to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services:
(a) any transaction that would violate the Payment Scheme Rules;
(b) any transaction that is fraudulent or criminal in nature;
(c) any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; and
(d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.
Any transaction that falls into any of the categories set forth above, as determined by Eventlify in its discretion, is a “Prohibited Transaction.”
In the event that Eventlify discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then Eventlify may take any or all of the following actions in its discretion in addition to any and all remedies that Eventlify may have under the law or elsewhere in the Terms of Service:
(a) suspend or terminate your Eventlify account;
(b) alter, edit, or remove any Prohibited Event or any portion thereof;
(c) block, reverse or refund any or all of your transactions;
(d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and
(e) refer you, your events and/or your transactions and information relating to the same to our Payment Processing Partners, the Card Schemes, the Alternative Form of Payment Frameworks and/or applicable law enforcement agencies for further action.
In addition to the representations and warranties contained herein, you represent and warrant to us that (a) if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation; (b) you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby; (c) the entering into and performing of this Agreement by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and (d) if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
If you have any questions or concerns at any time, please do not hesitate to contact us at the address above or by contacting us.
When you use or interact with us through the Services, we may collect Personal Data, as further described below:
Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and other information that enables Users to be personally identified.
When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.
As an Organizer we will collect additional Personal Data from you.
Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as third party websites, your bank, our payment processing partners and credit reporting agencies.
As an Attendee we will collect additional Personal Data from you.
Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Organizers, other Attendees, social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties.
If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to monitor your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to monitor your ongoing qualification to use such Services.
We allow Organizers to use our email tools to contact Attendees for their current and past events, so you may receive emails from our system that originate with such Organizers. If you have registered for an event on the Services, your email is available to that Organizer. However, Organizers may also import the emails they have from external sources and send communications through the Services to those emails and we will deliver those communications to those emails. See “Opt Out from Electronic Communications” below on how to opt out of these communications.
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.
We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of Eventlify to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
When you purchase tickets to, register for or donate to an event through the event page, or through a related fundraising page on the Services, we provide the Personal Data entered on the applicable event or related fundraising page to the Organizers of such event or related event landing page. For event landing pages, we may provide your Personal Data both to the Organizer charity of the fundraising page and the Organizer of the event to which the fundraising page is linked. In some instances, an Organizer may appoint a third party, which may or may not be affiliated with the Organizer, to create an event or fundraising page on its behalf (we call these third parties "Third Party Organizers"). For example, and without limitation, a concert venue (the Organizer, in this case) may allow third party promoters or production companies (the Third Party Organizers) to create events that will be hosted at the Organizer's venue using its Eventlify account. In that case, we may provide your Personal Data associated with the event to both to the Organizer, and its appointed Third Party Organizer that created the event or fundraising page. You agree that we are not responsible for the actions of these Organizers, event attendess, or their Third Party Organizers, with respect to your Personal Data. It is important that you review the applicable policies of the Organizers, and if applicable and available, their appointed Third Party Organizers, of an event (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that event or related fundraising page.
We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.
You can request access to some of your Personal Data being stored by us. You can also ask us to correct, update or delete any inaccurate Personal Data that we process about them.
If you are a registered User, you can exercise these rights by logging in and visiting the My Account page. Both registered and unregistered Users may also exercise these rights contact us directly through our support center or at the address specified below.
We will consider and respond to all requests in accordance with applicable law.
We may retain your Personal Data as long as you are registered to use the Services. You may close your account by contacting us. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
You have several choices available when it comes to your Personal Data:
You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to open an account, or buy or sell tickets, your name and email address will be required.
(a) Eventlify Marketing Communications.
Where it is in accordance with your marketing preferences, Eventlify may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by logging in (or signing up and then logging in), clicking on “Account” and then “Email Preferences.”
(b) Organizer Initiated Communications.
EOrganizers may use our email tools to send electronic communications to those on their email subscription lists, including Attendees who have registered for their events on the Services in the past. Although these electronic communications are sent through our system, Eventlify does not determine the content or the recipients of these electronic communications. Organizers are required to use our email tools only in accordance with all applicable laws. Eventlify provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Organizer.
(c) Social Notifications.
If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.
(d) Transactional or Responsive Communications.
Certain electronic communications from Eventlify are responsive to your requests. For instance, if you are an Attendee, we must email you your registration when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on events you have created (including pay-out issues) or on events you are registered to attend (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an event, are not currently organizing an event and will have no need to receive further communications from us or through our system.
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.
In an ongoing effort to better understand and serve the users of the Services, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and we therefore consider and treat this data as Non-Personal Data.
If you have a complaint about Eventlify’s privacy practices you should write to us at:
We will take reasonable steps to work with you to attempt to resolve your complaint.
You acknowledge and agree that, except as set forth below, all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree 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. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Company. Notwithstanding the foregoing, those who are subscribers to the Service (“Subscribers”) are granted a non-transferable, limited license to access and use the Service solely for the aggregation of information for its designated events (the “Content”). Company does not review or pre-screen the Content and claims no intellectual property rights with respect to the Content. Subscribers and participants in events for which the Company has been engaged (“Participants”; collectively, Subscribers and Participants shall be referred to as “Users”) agree that they will not knowingly use the Content or Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.
If you are a User located in the United States or Canada, the Services are being provided to you by, and you are entering into these Terms of Service with, Eventlify, is a Illinois corporation with its principal place of business at 150 N Michigan Ave #2800, Chicago, IL 60601.
The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:
You agree to these Terms of Service and you enter into a binding contract with Eventlify either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, a service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons, or in accordance with Section 3.2 below. If you are not a registered user or an unregistered Attendee, you agree to these Terms of Service and you enter into a binding contract with Eventlify by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.
THESE TERMS OF SERVICE INCLUDE (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED STATES; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST EVENTLIFY FOR USERS LOCATED IN THE UNITED STATES; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF EVENTLIFY; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF EVENTLIFY; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST EVENTLIFY ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
Except to the extent set forth in Section 6.10 below, Eventlify reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the Eventlify website with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances Eventlify may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Ticketing Services Agreement or written Addendum Agreement, signed by you and an authorized officer of Eventlify.
We may translate these Terms of Service (or any of the agreements that make up these Terms of Service) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.
These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.
Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Eventlify, Eventlify may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Eventlify to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Eventlify shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Eventlify, you may terminate your access to the Services and these Terms of Service by deleting your account. If you need help deleting your account, please contact us. In the event there is a separate agreement between you and Eventlify governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.
All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, 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).
EVENTLIFY PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP EVENTLIFY UP, BUG-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVENTLIFY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, EVENTLIFY MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT EVENTLIFY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING ATTENDEES’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION AND EVENTLIFY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND EVENTLIFY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, 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.
The trademarks, service marks and logos of Eventlify (the “Eventlify Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Eventlify. 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, collectively with Eventlify Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Eventlify specific for each such use. The Trademarks may not be used to disparage Eventlify, any third party or Eventlify’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Eventlify approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Eventlify Trademark shall inure to Eventlify’s benefit.
Notices to you may be sent via either email or regular mail to the address in Eventlify’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Eventlify or deliver any notice, you can do so as follows:
Except as set forth in Section 6.10 below, these Terms of Service and the provision of the Services to you are governed by the laws of the state of California, U.S.A., without reference to principles of conflict of laws.
ONLY FOR USERS LOCATED IN THE UNITED STATES:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OF SERVICE 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; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE.
(a) Contact Us.
If you have a question or concern about the Services, please contact us. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms of Service. This arbitration provision shall survive termination of these Terms of Service. These Terms of Service evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 6.10 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 6.9 above.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between 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, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services.
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies), (ii) bring issues to the attention of federal, state or local agencies, including, for example, the Federal Trade Commission and the California Division of Consumer Services, which agencies may be able to seek relief on a party’s behalf (the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210), and (iii) bring suit in court to seek a preliminary injunction or other interim relief pending the outcome of arbitration.
(e) No Class Actions.
YOU AND EVENTLIFY 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. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Eventlify must be addressed to the address in Section 6.7 above (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with Eventlify and must be sent by certified mail. If Eventlify has no records of such physical address, such notice may be delivered to your Eventlify account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Eventlify and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Eventlify may commence an arbitration proceeding
(g) 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 or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 6.10, and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 6.10. Unless Eventlify and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States 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, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. 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 shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(h) Costs of Arbitration; Legal Fees.
i. 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 Eventlify and the value of the relief sought is ten thousand dollars ($10,000) or less, then Eventlify will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, 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 prohibitively more expensive than a court proceeding, then Eventlify will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Eventlify for all such cost and expenses that Eventlify paid and that you would have been obligated to pay under the AAA rules.
ii. 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 shall 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 or household use of the Services (rather than business use) Eventlify will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. 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.
(i) Future Changes.
Notwithstanding any provision in these Terms of Service to the contrary, you and Eventlify agree that if Eventlify makes any future change to this arbitration provision (other than a change to the Notice Address) Eventlify will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(j) Special Severability.
In the event that the provisions of Section 6.10(e) above are found to be invalid or unenforceable for any dispute or claim, then, notwithstanding Section 6.11, the entirety of this Section 6.10 shall be null and void with respect to such dispute or claim and Section 6.12 shall apply in lieu of this Section 6.10.
(k) Opt Out.
We believe that on a whole this agreement to arbitrate will benefit our Users. However, if you are an existing registered User and you do not wish to accept this agreement to arbitrate with respect to some or all of your accounts registered prior to May 1, 2017 you may opt-out by sending us a written notice to the Notice Address which (i) states you do not agree to this agreement to arbitrate, (ii) includes your name and all email addresses associated with the accounts you wish to opt-out, and (iii) is signed by the individual who owns the account, or in the event the account is held by an entity, an authorized signer for such entity (the “Opt-Out Notice”). The Opt-Out Notice must be received by June 1, 2017 in order to be effective; otherwise this agreement to arbitrate will be effective as of May 1, 2017. For new registered users and existing registered users who register new accounts following May 1, 2017, there is no option to opt-out and this provision will be effective as to such new accounts upon account creation. For unregistered Attendees and other Users, this provision will apply to all future activities on the Services after May 1, 2017. In the event that you opt-out of this agreement to arbitrate as set forth above, Section 6.12 shall apply.
The failure or delay of Eventlify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or for any other reason, then any dispute or claim not subject to arbitration 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 Eventlify agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.
Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms of Service by email.
We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
Eventlify is not the organizer or owner of the events listed for sale or registration on the Services. Eventlify provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page. In the event that an Organizer has elected to use Eventlify’s Payment Processing Service, Eventlify also acts as the Organizer’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
As an Organizer, you may select your preferred payment processing method for your event, provided, that once you sell the first ticket to an event you may not change the payment processing method for that event. As an Attendee, you will be using whatever payment processing method the Organizer of the applicable event has selected. If the Organizer has elected to use Eventlify’s Payment Processing Service, Eventlify will use third party payment processing partners to process the transaction as Organizer’s limited payment agent.
Creating an account, listing an event and accessing the Services is free. We charge our fees only when you sell or buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that Eventlify charges to Organizers. These fees may vary based on individual agreements between Eventlify and certain Organizers. Organizers ultimately choose if these fees will be passed along to Attendees 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 Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Eventlify to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Eventlify, but may in some cases include an element of profit and in some cases include an element of loss. Eventlify does not control (and thus 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 engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between an Organizer and its respective Attendees, Eventlify asks that all Attendees contact the applicable Organizer of their event with any refund requests. You can find help with getting a refund here. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with Eventlify’s Attendee Refund Policy Requirements available here. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Eventlify. Eventlify may, in its discretion, attempt to mediate such dispute, however, Eventlify will have no liability for (a) an Organizer’s failure to give refunds; (b) Eventlify’s failure to mediate a dispute; or (c) Eventlify’s decision if it does mediate the dispute.
Eventlify may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
(b) your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
(c) your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
(e you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(f) you will identify the email message as an advertisement or commercial in nature;
(g) you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that Eventlify includes on every email; and
(h) you will not email any person that you know or have reason to know has opted out of receiving emails from you.
If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, Eventlify may, among other actions, limit or suspend your access to the Email Tools.
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Eventlify shall be the sole arbiter of such dispute in its discretion and that Eventlify’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Eventlify of any unauthorized use of your password or account or any other breach of security.
You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to Eventlify a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Eventlify's promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content.
You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Eventlify by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Eventlify or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Eventlify. All Feedback and Revisions become the sole and exclusive property of Eventlify and Eventlify may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Eventlify any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Eventlify. At Eventlify’s request, you will execute any document, registration or filing required to give effect to these provisions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree (1) to use the Services in accordance with our Community Guidelines; and (2) not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in any manner.
(d) impersonate any person or entity, including, but not limited to, an Eventlify representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g)upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service.
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) attempt to probe, scan or test the vulnerability of any Eventlify server or network or breach any security or authentication measures, unless you are an authorized contractor of Eventlify specifically engaged to provide such services;
(l) attempt to avoid or circumvent any technological measure implemented by Eventlify to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
(m) solicit any User to use a third party service that competes with Eventlify;
(n) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
(o) resell tickets or registrations;
(p) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
(q) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Eventlify’s prior written consent; or
(r) stalk or otherwise harass any person or entity.
Eventlify is not a custom software development company, it isn’t a white label solution and it isn’t a walled garden built specifically for each Organizer. Eventlify is one of the broadest and most full featured event registration platforms in the world. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason.
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Eventlify has no control over such websites and resources, you acknowledge and agree that Eventlify is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Eventlify partners or third party service providers.
As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Eventlify may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
Eventlify will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.
Eventlify is the premier golf event management software that transforms the complexity of golf tournament administration into an efficient and effective process. Our cloud-based platform allows event organizers to optimize productivity, while increasing revenue and visibility.
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