Eventive

Terms of Service

Last updated: April 2, 2020

THESE TERMS CREATE A BINDING CONTRACT.

Please read these Terms of Service ("Terms") carefully because they form a contract between you and Modern Production Concepts, LLC d/b/a Eventive, our partners, employees, officers, directors, sponsors and affiliated companies (“we” and “us”).

Our services allow users to buy (“Buyers”) and sell (“Sellers”) tickets and electronic access to content and events. The Terms govern use of our site to purchase tickets and passes to events and electronic access to content and events (the “Services”). These Terms also incorporate our Privacy Policy. Please read that document carefully because it also governs your use of the Services and includes important provisions of the contract between you and us.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you are using the Services to deliver access to content owned by a third-party, you represent that you have the right to make the access available. If you are agreeing on behalf of an organization, “you” and “your” will refer to that organization. By agreeing to these Terms, you are representing to us that you are over 13 years old.

You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
YOU MUST NOT USE THE SERVICE.

1. BUYERS

We allow users to buy tickets and passes for events and electronic access to content. We do not own the tickets, passes or content, do not set prices for the tickets, passes or content and do not control any electronic services used to deliver access or content.

We do not facilitate sales by individuals. Sellers are event organizers.

We do not have control over and do not guarantee the existence, quality, safety or legality of the events, access to the events or content or the truth or accuracy of descriptions of the events. We do not guarantee that an event will actually occur or that content will be delivered.

You are responsible for reading the complete listing before making a commitment to buy tickets, passes or content. When placing an order, you are entering into a binding contract with the Seller to purchase tickets or content. All Sales are Final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete.

We are not responsible for cancellation, postponement or changes to events or failure to deliver content. You must direct any requests for refunds to the event organizer. Sellers may provide refunds in their sole discretion.

2. SELLERS

Pricing tickets, passes and content is the sole responsibility of, and at the sole discretion of, Sellers and must be done in accordance with all applicable laws.

By listing a ticket, pass or content for sale, you are making a binding offer to sell that ticket, pass or content to a Buyer who purchases the ticket or pass for the price you have specified. When a Buyer accepts your offer by purchasing your ticket, pass or content through our Services, you are contractually bound to deliver that exact ticket, pass or content for the specified price, within the required delivery timeframe and in the advertised format. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets or passes for a higher price.

You are solely responsible for the payment of any applicable taxes resulting from ticket, pass or content sales or your use of the Services. You agree to provide us with a your Social Security Number or other tax identification number if necessary for us to provide information to the Internal Revenue Service ("IRS") or other tax authorities related to payments initiated through our service and further authorize us to release that information to the IRS or other tax authority.

You are solely responsible for any claims referring or relating to the existence, quality, safety or legality of events or content, the truth or accuracy of descriptions of events or content and cancellation, postponement or changes to events or unavailability of content.

3. CONTENT PROVIDERS

As a condition of making access to content available through our site, you represent that you have the right to grant us, and do grant us, a non-exclusive license to use, copy, reproduce, process, adapt, publish, transmit, host and display that content for the purpose of (i) providing the Services and associated support; and (ii) analyzing and improving the operation of the Services. We reserve the right to remove content that we reasonably believe may create liability for us.

4. FEES

We charge fees for using our Services. All Buyers and Sellers agree to pay our fees. We reserve the right in our sole discretion to change Fees at any time as we deem appropriate.

5. CHANGES IN SERVICE

We may modify these terms or any additional terms that apply to the Service. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

6. ACCESS TO THE SERVICES

Only you may use the Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. It is your responsibility to contact us immediately if your account is hacked, compromised or otherwise misused. You are responsible for all activities that take place with your account. We will not be liable for any loss or damage arising from any unauthorized use of your accounts.

If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account.

7. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with us, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, and (b) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message.

We may also send you, in electronic form, mandatory notices about the Service and information the law requires us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Service. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don't consent to receive mandatory or required notices electronically, you must stop using the Service.

8. PAYMENTS AND REFUNDS

You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may initiate payments (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services.

9. SUSPENSION AND TERMINATION OF USE

You may stop using the Service at any time. We reserve the right to suspend or terminate your access to the Service at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause us to have legal liability or disrupt others' use of the Services; (c) scheduled downtime and recurring downtime; or (d) unplanned technical problems and outages.

In addition to other termination provisions, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a registered user, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty (120) consecutive days.

10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU STREAM OR DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF OF THE SERVICES OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT MADE AVAILABLE THROUGH OUR SERVICES.

WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT.

IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11. CHOICE OF LAW, JURISDICTION AND VENUE, AND LIMITATIONS

This Agreement and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of Tennessee, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be the city of Memphis, Tennessee, USA.

Claims must be filed within one year. You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

12. ENTIRE AGREEMENT

These Terms (including the Privacy Policy) constitute the entire and exclusive agreement between you and us with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.

13. SEVERABILITY

If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

14. RELEASE AND COVENANT NOT TO SUE

To the fullest extent permitted by law, you release and covenant not to us, our partners, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between you and an event organizer. In entering into this release you expressly waive any protections (whether statutory or otherwise - e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. INDEMNIFICATION

You agree to indemnify us hold our subsidiaries, affiliates and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “Indemnitees”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any Indemnitee resulting from or arising out of your violation of any law, breach of any representation or warranty in this agreement, or infringement of the rights of a third party, including intellectual property rights.

16. INTELLECTUAL PROPERTY

All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill and other intellectual property created, developed or licensed by us is our exclusive intellectual property. Nothing herein shall create any assignment or license of our intellectual property to you or any third party.