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Terms & Conditions

By using or accessing Eventnite’s services, you agree to the terms and conditions outlined in these Terms, which include our Privacy Policy and all other related terms, policies, and agreements mentioned here. This creates a binding contract between you and us that governs your use of our services. If you do not agree with these terms, please refrain from using or accessing the services.

1. Accepting Terms

When you use our Services on behalf of an organization, you are binding that organization to these Terms.

If you are using our Services on behalf of an organization (such as your employer), you agree to these Terms on behalf of that organization and its affiliates. By doing so, you confirm that you have the necessary authority to bind the organization. In this context, “you” and “your” will refer to both the organization and yourself.

  1. Eventnites Services and Role

2a. Our Services

We provide a platform designed for event management and growth, enabling Organizers and Consumers to connect through engaging live events. Our Services allow Organizers to create, publish, and manage both virtual and physical events, sell tickets, seek donations, hire talent, book venues, and utilize various marketing tools to stay connected with Consumers.

2b. Our Roles

We are not the creator, organizer, or owner of the events listed on our platform, nor do we sell tickets, registrations, or merchandise directly. Instead, we offer a range of Services that assist Organizers in managing ticket sales and event registrations, as well as promoting their events.

Organizers are responsible for ensuring that their events, including any associated pages, comply with relevant laws, regulations, and standards. They must also ensure that all goods and services described on their event pages are delivered as promised and in a satisfactory manner.

For events with paid tickets, Organizers choose the payment processing method offered to Consumers, as outlined in the Merchant Agreement. Consumers must use the payment method selected by the Organizer.

If the Organizer opts for Eventnites Payment Processing (as defined in the Merchant Agreement), we act as the Organizer’s limited agent to process payments through our third-party payment providers. If the Organizer selects Facilitated Payment Processing (as defined in the Merchant Agreement), we will forward Consumer payment details to the Organizer’s chosen payment provider but will not process the transaction directly.

Eventnites operates solely as a platform for facilitating connections between users, talent, and venues, and does not guarantee:

2c. Communications

By submitting a form to us or creating an account on our service, you consent to receive newsletters, marketing or promotional materials, and other information that we may provide. However, you can choose to opt out of any or all of these communications by following the unsubscribe link or instructions included in our emails. If you have difficulty finding a way to opt out, please contact us directly at info@omnipresentlive.com

Please note that Eventnites, LLC does not sell or share any personally identifiable information with third parties for profit or any other purpose involving the sale, transfer, or use of such data.

When you wish to “purchase,” “book,” or “hire” any product, service, venue, or talent available through our service, you may be required to provide certain information relevant to your transaction. This may include your credit card number, its expiration date, your billing address, and shipping details.

By proceeding with a purchase, you confirm that: (i) you have the legal authority to use the payment method provided, and (ii) the information you provide is accurate, complete, and truthful.

We may use third-party services to process payments and complete your transaction. By providing your information, you authorize us to share it with these third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your order at any time due to reasons such as product or service availability, errors in pricing or description, issues with your order, or other factors. Additionally, we may refuse or cancel your order if there is suspicion of fraud or unauthorized or illegal activity.

  1. Privacy and Consumer Information

3a. Privacy Policy

We adhere to our Privacy Policy in handling and safeguarding your personal information.

We are dedicated to protecting the personal data you provide or that we collect through Eventnites properties, as outlined in our Privacy Policy.

3b. Cookies

We use cookies, pixels, and similar technologies and offer you options to manage your preferences.

Our services, along with our vendors, utilize cookies, scripts, and other technologies to gather real-time data about how you interact with and navigate our services. This may include your IP address and information about your browsing behavior, page visits, clicks, cursor movements, and searches on our sites. This data is either collected directly by or shared with our vendors to analyze your usage of the services.

Our Cookie Statement provides further details on how we use cookies, pixels, and similar technologies when you visit Eventnites properties or use our services. You can modify your cookie preferences at any time by visiting the “Cookie Preferences” link in the footer of our website.

3c. Consumer Information

We require that you adhere to the rules when managing Consumer information.

If you are an Organizer, you must always comply with all relevant local, state, provincial, national, and other laws, rules, and regulations regarding any information you collect from (or receive about) Consumers or other individuals. You must also follow any applicable policies we post on the services concerning information you collect from (or receive about) Consumers.

  1. Term; Termination

4a. Term

These Terms apply whenever you access our Services.

These Terms become effective the moment you access our services by any means and will remain in effect until they are terminated. There may come a time when either you or Eventnites decide to end this relationship, as described in Sections 4b or 4c below. When that occurs, these Terms will generally no longer apply, except for certain provisions, as described in Section 4d, which will continue to apply to both you and us.

4b. Termination

We reserve the right to revoke your access to our Services.

  1. We may suspend or terminate your access to the services at any time, including if:
    A. You violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due;
    B. You misuse or abuse the services, or use them in a way not intended or permitted by us;
    C. You engage in any behavior on or off Eventnites properties that jeopardizes the safety of our community, the integrity of Eventnites properties, or disrupts the experience of our community members or the Eventnites properties; or
    D. Allowing you to access and use the services would violate any applicable local, state, provincial, national, or other laws, rules, regulations, or court orders, or would expose us to legal liability.
  2. We may discontinue offering the services, or any specific part of the services, or make changes to any aspect of the services at any time. We will make reasonable efforts to notify you of our decision to terminate your access to the services if we believe that failure to do so would cause you significant harm. You agree that we will not be held liable to you or any third party as a result of terminating your right to use or access the services.

4c. Deleting Your Account

We hope you will continue using our Services, but if not, refer to this section.

Unless otherwise agreed in a separate written agreement between you and us or another affiliated agreement, you may terminate your access to the services and the applicability of these Terms by deleting your account. If you are a Consumer using the services without a registered Eventnites account, your only option to end the applicability of these Terms is to stop accessing the services indefinitely. As long as you continue to access the services, even without an account, these Terms will remain in effect. If there is a separate agreement between you and us governing your use of the services, and that agreement ends or expires, these Terms (as unmodified by such agreement) will govern your use of the services after such termination or expiration.

4d. Survival of Terms

Certain provisions will always remain in effect for both you and us.

All provisions of these Terms that by their nature should survive the termination of these Terms will remain in effect. This includes 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.

  1. Release and Indemnification

5a. Release

You agree not to involve us in disputes between you and any third party.

  1. You agree to release us (including our affiliates, subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors, and employees, collectively referred to as the “Eventnites Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of any kind, known or unknown, arising from a dispute between you and a third party (including other users) in connection with any of the following:
    A. The services or any event listed on the services, including your EventNite events;
    B. Your Licensure (as defined below), any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
    C. Any Feedback (as defined below) that you give or receive; or
    D. Your Content or Your Trademarks.
  2. Additionally, you waive any rights under applicable law or statute that states, in essence: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

6.2 Indemnification. 

You agree to defend, indemnify, and hold harmless the Eventnites Released Parties from any and all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses (including reasonable attorneys’ and accounting fees) arising from any claim, demand, lawsuit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation initiated by any third party (each a “Claim”) related to or resulting from:

  1. Your breach of these Terms (including any terms, agreements, or policies incorporated into these Terms);
  2. Your unauthorized use of the Services;
  3. Your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
  4. Any Feedback that you provide or receive;
  5. Your violation of any applicable local, state, provincial, national, or other law, rule, or regulation, or any third-party rights;
  6. Our collection and remission of taxes; and
  7. If you are an Organizer, your Eventnites events (including cases where we have provided Services related to those events), your Content, and your Trademarks, provided that this indemnification will not apply to the extent that the Claim arises from Eventnite’s gross negligence or willful misconduct.
  8. Any failure of the talent, celebrity, or venue provider to perform as agreed.
  9. Any injury, damage, or loss sustained by attendees, staff, or third parties in connection with the event, including but not limited to actions or omissions by the hired talent, celebrity, or venue provider.
  10. Any breach of contract between you and the talent, celebrity, or venue provider.
  11. Any failure of the talent, celebrity, or venue provider to perform as agreed.
  12. Any injury, damage, or loss sustained by attendees, staff, or third parties in connection with the event, including but not limited to actions or omissions by the hired talent, celebrity, or venue provider.
  13. Any unprofessional behavior, failure to perform, or breach of contract.
  14. Venue issues, such as lack of amenities, compliance problems, or safety violations.
  15. Any public relations or reputational issues that arise due to the talent’s or venue’s involvement in your event.

We will notify you of any such Claim, though our failure or delay in providing such notice will not limit your indemnification obligations, except where you are materially prejudiced by the delay. In certain situations, we may choose to manage the Claim ourselves, and you agree to cooperate with us fully in such cases.

  1. Disclaimer of Warranties and Assumption of Risks by You

7a. Disclaimers

While we aim to provide services that meet your needs, there are certain things we cannot guarantee.

  1. To the fullest extent permitted by law, the services (including any Beta Services, as defined below) are provided on an “as is” and “as available” basis. Eventnites expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For instance, we do not guarantee that:
    A. The services (or any part of them) will meet your expectations or requirements;
    B. The services will be uninterrupted, timely, secure, or free from errors; or
    C. The results obtained from using the services will be accurate or reliable.

D.The availability and performance of the talent or venue.

  1. We do not have control over, nor do we guarantee, the (i) quality, safety, success, accuracy, or legality of any event, hiring of talent, booking of venue, or Site Content related to an event, (ii) accuracy of any information provided by users (including Feedback and Consumers’ personal information shared with Organizers in connection with events), or (iii) ability of any user to complete a transaction.
  2. We are not responsible for the actions or omissions of any third parties, including those who assist us in providing the services, those an Organizer selects to help with an event, or those you choose to engage or contract with when using the services.

7b. Assumption of Risks

When you attend live events, you are accepting the inherent risks involved.

Certain events come with inherent risks, and by choosing to participate, you are voluntarily accepting these risks. These may include the potential for cancellations, delays, or changes in the booking of the talent or venue, potential disputes regarding fees, services, or terms of engagement with the talent, celebrity, or venue provider, the suitability of the talent, celebrity, or venue for your event, including any issues with logistics, capacity, safety, or audience reception, illness, physical injury, disability, and even death. By attending these events, you acknowledge and willingly accept these risks.

7c. Events Hosted by Us

While most events on our platform are organized by third parties, there are occasions where we may host events. In such cases, your participation means you accept all associated risks.

If you attend an event hosted by us, you agree to release us, the event organizers, presenters, and their insurers from any liability, including claims related to personal injury, property damage, or wrongful death that may occur during the event.

Add book talent and venues for all above

7d. Beta Services

You might have the opportunity to test out certain beta services.

From time to time, we may offer you access to beta software, services, equipment, and related materials for voluntary participation in an early-release or early-access program (collectively, “Beta Services”). These Beta Services are provided for the purpose of gathering feedback on their quality and usability. Please note that Beta Services may not perform at the level of commercially available products, may not function correctly, and may undergo significant changes, including discontinuation, during and after the testing period. We are not responsible for any issues that arise from your use of Beta Services, and we reserve the right to revoke access at any time, with or without notice.

7e. Disclaimers’ Scope

The disclaimers outlined here apply to the fullest extent allowed by law.

The disclaimers in these Terms are intended to be applied as broadly as permitted by applicable law. If certain warranties are mandated by law, they will be restricted to the shortest duration legally permissible.

8. Limitation of Liability

8a. Our Liability

To operate our Services effectively on a large scale, we need to limit our liability to you.

  1. To the extent allowed by law, we, along with our affiliates, subsidiaries, officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors, and employees (collectively, the “Released Parties”), are not liable for:
    A. Any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services, even if we have been informed of the possibility of such damages;
    B. Any feedback provided or received by you;
    C. Your content or your trademarks.
  2. Beyond our obligation to disburse event proceeds to certain organizers under specific conditions as described in the Merchant Agreement, the Released Parties’ total liability is limited to the following:
    A. For organizers of paid events on our platform:
    i. The Eventnites fees (excluding any payment processing fees) that the organizer paid to us in the three-month period immediately preceding the event giving rise to the claim; or
    B. For other users:
    i. The total amount of all tickets or registrations purchased through our Services in the three-month period immediately preceding the event giving rise to the claim; or
    ii. If no tickets or registrations were purchased, a maximum of one hundred U.S. dollars (USD $100).

9. Binding Arbitration and Class Action Waiver Provisions

PLEASE READ THIS SECTION CAREFULLY, AS IT IMPACTS YOUR LEGAL RIGHTS. ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OR RELATING TO THE SERVICES MUST BE SETTLED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT (IF THE CLAIM QUALIFIES) AND WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT CLASS ACTIONS, CONSOLIDATED ACTIONS (EXCEPT UNDER LIMITED CIRCUMSTANCES DESCRIBED BELOW), OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED, AND BOTH PARTIES WAIVE ANY RIGHTS TO PURSUE SUCH ACTIONS.

The parties acknowledge that, without this mandatory provision, they would have the right to take legal action in court and have a jury trial. It is also understood that, in some instances, arbitration costs may exceed those of litigation, and discovery rights may be more limited in arbitration than in court.

9a. Customer Support

Contact Us First If You Have Any Issues with Our Services

If you have a question or concern about the Services, including hiring talent or booking venues, you agree to contact us first before initiating any legal action. Our customer support team will do its best to address your issue or resolve your concern.

9b. Arbitration Process

In the unlikely event that our customer support team cannot resolve your concerns, you and Eventnites agree to resolve all disputes and claims between us, including those arising from or related to these Terms, your use of the Services, or our relationship, through binding arbitration or (if applicable) in small claims court, rather than in courts of general jurisdiction. The appointed arbitrator will have the authority to grant all forms of relief that would be available in court if warranted by the claims. All arbitration and small claims court proceedings must be conducted on an individual basis. Neither party may seek to resolve a dispute as part of any class, consolidated, or representative action, except as provided in Section 9.9 below. Binding arbitration is subject to very limited judicial review. Only the arbitrator, not any court, will have the authority to resolve any dispute concerning this Section, including issues related to the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive the termination of these Terms and any other agreement between you and Eventnites. These Terms reflect a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section 9, notwithstanding the choice of law provision set forth in Section 9d below.

9c. Applicability of Arbitration Agreement

Our agreement to arbitrate covers most claims.

  1. This arbitration agreement applies to nearly all legal disputes between you and Eventnites. It encompasses: (i) any claims related to any aspect of your relationship with us, regardless of the legal theory—whether based in contract, tort, statute, fraud, misrepresentation, or any other grounds; (ii) all claims that arose before the current or any prior agreement (including claims related to advertisements); and (iii) all claims that might arise following the termination of these Terms and/or your use of Eventnites’ services, including hiring talent or booking venues.
  2. Despite this arbitration agreement, either you or Eventnites may choose to bring:

9d. Arbitrator Selection Process

In the event of a dispute requiring arbitration, Eventnites and the user agree to the following method for arbitrator selection:

By agreeing to these Terms and Conditions, both Eventnites and the user accept this arbitrator selection process, including the location provisions, for resolving any disputes that may arise.

9e. Dispute Notice

A written notice is required when either party intends to pursue arbitration.

If a party plans to initiate arbitration, they must first send the other party a written Notice of Dispute (“Dispute Notice”). For Eventnites, the Dispute Notice should be sent via certified mail to the following address (“Notice Address”): Eventnites, Attn: Legal Department, 1560 Fulton Street Apt 202, Brooklyn, NY 11213. Dispute Notices to you will be sent to the most recent physical or billing address on record with Eventnites, or if none exists, to your email address registered with Eventnites. The Dispute Notice must include (i) the nature and details of the claim or dispute, and (ii) the specific remedy or resolution being sought. If Eventnites and you do not come to a resolution within 60 calendar days of the Dispute Notice being sent, either party may begin arbitration proceedings.

9f. No Class Actions

We both agree not to participate in class actions.

YOU AND EVENTNITES AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. EXCEPT AS PROVIDED IN SECTION 9.9 BELOW, THE ARBITRATOR CANNOT COMBINE CLAIMS FROM MULTIPLE PEOPLE OR PRESIDE OVER ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY, IF APPLICABLE, AWARD ANY RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, BUT ONLY AS WARRANTED BY LAW AND THE PARTICULAR CLAIMS INVOLVED.

You and Eventnites recognize that certain arbitrations may involve similar legal or factual issues. Therefore, to the fullest extent permitted, both parties agree that if one party starts an arbitration and Eventnites determines, at its sole discretion, that the arbitration shares common legal or factual issues with another ongoing arbitration between Eventnites and a third party (a “Related Arbitration”), the arbitration involving you may be assigned to the same arbitrator handling the Related Arbitration or put on hold until the Related Arbitration is resolved. Any decisions in the Related Arbitration will not be binding in your arbitration.

9g. Non-Qualifying Disputes

If certain disputes cannot be arbitrated as outlined in Section 9, they will be governed by Section 21.

If any part of this Section 9 is deemed invalid or unenforceable for a specific claim or issue, then the entirety of Section 9 will not apply to that claim or issue. Instead, Section 20 “Governing Law and Jurisdiction” will govern those disputes. However, for all other claims or issues where Section 9 remains valid and enforceable: (a) this section will fully apply, and (b) arbitration for those claims or issues must be completed before any court proceedings regarding non-arbitrable matters, even if the claims involve overlapping legal or factual issues.

9h. Your Right to Opt Out

You have the option to opt out of the arbitration agreement, but you must notify us within the required timeframe.

You may choose to opt out of the arbitration and class action waiver provisions mentioned in Section 9 by sending a written notice from the email address linked to your account to legal@eventnites.com. Include “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” in the subject line. The notice must be sent within thirty (30) days from your first use of the Services or your acceptance of these Terms, whichever is later. If you do not send the notice within this period, you will be bound by the arbitration agreement. If you opt out, Eventnites will also not be bound by the arbitration terms.

  1. License to Eventnites Services

10a. License to Use Services

Your ability to use our Services is governed by the license we provide to you.

  1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except for sub-Users registered through the Services), and revocable license to:
  1. Your use of the Services must align with these Terms and adhere to all applicable local, state, national, and international laws and regulations. Additionally, any use of search or address auto-fill tools is subject to the Google Maps/Google Earth Additional Terms of Service, including the Google Privacy Policy.

10b. License Restrictions

You are prohibited from copying, selling, or using our Services in any manner that harms Eventnites.

In addition to any other rules, restrictions, or limitations we provide (whether in these Terms or elsewhere), you agree that you will not, directly or indirectly:

10c. Ownership

Our content remains our exclusive property.

You acknowledge that all content on the site may be protected by copyright, trademarks, service marks, trade secrets, or other intellectual property rights and laws. While some content may be provided to us through third-party arrangements, we retain ownership of the content available through our Services. This content is protected by copyright laws and remains the exclusive property of Eventnites. You agree to use this content only in ways that comply with these Terms and applicable laws at all levels. Any rights not specifically granted in these Terms are reserved.

10d. Trademarks

You cannot use trademarks unless you have permission.

The trademarks, service marks, and logos associated with Eventnites (“Eventnites Trademarks”) that appear in connection with the Services are either registered or unregistered marks owned by Eventnites. Other company, product, or service names shown alongside the Services may belong to third parties (“Third Party Trademarks”). Collectively, these are referred to as “Trademarks.” Your use of the Services does not grant you any right, by implication or otherwise, to use any Trademarks without prior written permission for each specific use.

You are prohibited from using the Trademarks to criticize or harm the reputation of us or third parties, or in any way that could diminish the goodwill associated with the Trademarks. Additionally, you cannot use Trademarks as part of any link to or from any website without prior written consent for each specific link. Any goodwill generated from the use of Eventnites Trademarks will benefit Eventnites exclusively. Portions of the Services are protected by issued or pending patents, and the content may also be protected by copyrights belonging to Eventnites or third parties. Unauthorized copying of the Services violates these rights.

10e. Sub-Domains

Any sub-domains connected to our platform are owned by us.

We may grant you permission to use a sub-domain within our Site (e.g., [sub-domain prefix].eventnites.com) for one or more of your Eventnites events. However, all such sub-domains are our exclusive property, and we retain full control over their appearance, design, functionality, and all related aspects. Your right to use a sub-domain will remain valid only as long as you are actively selling tickets for your events through our Services and complying with the Terms. If your right to use the sub-domain is terminated for any reason, we will provide you with a new one.

  1. Required Licenses and Permits

11a. Event organizers are responsible for obtaining all necessary licenses, permits, and authorizations for their events.

As an organizer, you agree to the following:

11b. For venue owners listing their venues on Eventnites, the following responsibilities and requirements apply:

  1. Full Responsibility for Compliance:
    • Venue owners are solely responsible for ensuring their venue complies with all applicable federal, state, local, and municipal laws. This includes:
      • Federal Laws: Adherence to federal regulations such as ADA compliance and labor laws.
      • State Laws: Compliance with state regulations related to public safety, fire codes, health standards, and other state-specific legal requirements.
      • Local Laws: Adherence to local ordinances including zoning laws, noise regulations, and health and safety codes.
      • Municipal Regulations: Obtaining necessary permits from municipal authorities for event operations, such as special event permits, signage permits, and permits for alcohol sales if applicable.
  2. No Documentation Requirement:
    • Eventnites does not require or review documentation proving compliance with licenses, permits, or other regulatory matters. The responsibility for ensuring that the venue meets all legal and regulatory requirements remains solely with the venue owner.
  3. Accurate Venue Information:
    • Venue owners must provide accurate and up-to-date information about their venue on Eventnites, including details about venue capacity, facilities, and any specific regulations or restrictions that apply.
  4. Venue Condition and Maintenance:
    • Venue owners are responsible for maintaining their venue in a condition that meets all safety and regulatory standards as required by federal, state, local, and municipal laws.
  5. Liability and Insurance:
    • Venue owners must secure appropriate liability insurance coverage for their venue, covering potential risks such as property damage and personal injury. Eventnites is not responsible for any liabilities related to the venue.
  6. Event-Specific Requirements:
    • Venue owners must be prepared to meet any specific requirements related to the event and collaborate with Eventnites or event organizers as needed. However, the primary responsibility for compliance with all regulations remains with the venue owner.
  7. Communication with Eventnites:
    • Venue owners should promptly inform Eventnites of any changes to their venue’s compliance status, availability, or other relevant information.

By listing their venues on Eventnites, venue owners acknowledge and agree to assume full responsibility for ensuring their venues meet all legal and regulatory requirements. Eventnites will not be liable for any compliance issues, regulatory matters, or documentation related to the venue.

  1. Submitting a Copyright Takedown Notice

If you are the owner of a copyright or an authorized representative and you suspect that your copyrights are being infringed upon by content on the Sites, you have the right to submit a takedown notice under the Digital Millennium Copyright Act (“DMCA”). To do so, follow the instructions outlined in Eventnites’ Trademark and Copyright Policy.

  1. Prohibition on Scraping and Commercial Use of Site Content

13a.  Restrictions on Content Use

You are prohibited from utilizing any content from our Sites for commercial purposes. You agree not to use, or attempt to use, any Site Content for your own gain. Additionally, you are not permitted to scrape, crawl, or use automated methods to collect data from the Sites.

  1. Fees and Refunds

14a.  Fees Overview

Creating an account is free of charge. However, we apply fees for listing events and for transactions involving paid tickets or registrations, booking venues, and hiring talent, as well as for processing paid ticket or registration transactions. These fees may vary based on specific agreements with individual Organizers. Organizers and Consumers may choose to book venues or hire talent, and the associated fees could be reflected separately.

Organizers have the option to either pass these fees on to Consumers, which will be displayed as “Fees” on the event page, or include them in the ticket or registration price, covering them from the gross proceeds.

The fees may include facility fees, royalties, taxes, processing fees, and fulfillment fees, among others. This means that the fees paid by Consumers for an event may differ from the standard fees charged to Organizers.

Some of the fees charged are intended to cover our operational costs and may also include elements of profit or loss. Additionally, fees imposed by your bank or credit card company, including those for transactions in foreign currencies or international purchases, are not controlled or disclosed by us. To understand all applicable fees, surcharges, and currency conversion rates, please check with your bank or credit card provider before making a purchase.

14b. Ticket Transfers

If you need to transfer a ticket for an event purchased on our Site, please contact the event Organizer to arrange the transfer. Should you encounter difficulties reaching the Organizer or if the Organizer is unable to facilitate the transfer, you may contact us for assistance, and we will try to help.

14c. Refund Requests

For refund requests, Consumers should directly reach out to the event Organizer. Once a ticket has been refunded, it must not be used, and Organizers should not accept any tickets that have been refunded.

Since transactions are conducted between Organizers and Consumers, all refund requests should be directed to the respective Organizer. Guidance on obtaining a refund can be found [here].

If a Consumer receives a refund, they must discard the ticket and any copies of it, as using a refunded ticket to attend the event is considered fraudulent.

Organizers must follow the proper procedures to verify the validity of tickets. We are not responsible for any costs resulting from Organizers’ failure to comply with these procedures or from ticket-related fraud and purchases made through unofficial channels.

  1. Your Account with Eventnites

15a. Account Responsibilities

When you create an account with us or use our Services, you must ensure that the information you provide is accurate and adhere to the following guidelines:

  1. Your Content and Trademarks

16a.  Rights and Responsibilities

You retain ownership of Your Content and Trademarks, but you grant us certain rights to use them.

  1. License Grant: By providing Your Content and Trademarks, you give us a non-exclusive, global, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to:
    A. Your Content: Access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on Your Content, either wholly or partially, across any medium. This license is granted for:
    i. Operating our Services, including promotional and marketing activities that may involve showcasing your content or events on third-party websites, media channels, or our own social media platforms;
    ii. Internal uses at Eventnites, such as employee or shareholder communications; and
    iii. Promotional purposes for Eventnites or our Services, with your permission.
    B. Your Trademarks: Use our Trademarks in connection with Your Content and for identifying you as a customer of Eventnites in marketing, advertising, and promotional materials.

We do not claim ownership of Your Content or Trademarks. These licenses are necessary for us to provide and enhance our Services. For instance, if you provide a logo or images related to your events, we may display and modify them to fit our platform and promotional tools. We might also use event details in blogs, case studies, or shareholder communications to highlight the impact of your events.

You waive any moral rights related to our use of Your Content under these licenses. Apart from these licenses, you retain all ownership rights to Your Content and Trademarks and may use them outside of our Services as you see fit.

16b. Representations

You confirm that you have the necessary rights to grant us the licenses described above.

You represent and warrant that you hold the rights, authority, and permissions required to provide the aforementioned license, and that Your Content and Your Trademarks:

16c. Content Rules and Guidelines

Your Content must comply with our guidelines.

  1. Your Content must be truthful and accurate. We reserve the right to remove it if we believe it, or any related events, breach these Terms, our Community Guidelines, or for any other reason. Your Content and Trademarks may appear alongside other content on our platform, including content from third parties or competitors. We do not guarantee exclusivity for Organizers within any category, as our Services are provided on a non-exclusive basis.

We may retain and, if necessary, disclose Your Content, Trademarks, account data, and other information when required by law or if we believe it’s necessary to:

  1. Comply with legal obligations; B. Address claims that Your Content or Trademarks infringe the rights of others; C. Enforce or apply these Terms; or D. Protect the rights, safety, or property of Eventnites, our users, or the public, including in cases of fraud prevention.

You acknowledge that the technical processing and transmission of the Services, including Your Content and Trademarks, may involve transfers across various networks and adaptations to meet technical requirements of those networks or devices.

  1. Changes to Terms or Services

We may update these Terms or our Services, and we’ll inform you of any important changes.

  1. We reserve the right to update or modify these Terms, including the Privacy Policy and Merchant Agreement (“Modifications”). If we make significant changes, we’ll notify you by:
    A. Posting updates within the Services; B. Updating the “Last Updated” date at the top of the Terms page; or C. Sending you an email or message.
  2. Significant and minor will take effect immediately unless otherwise noted.
  3. It’s your responsibility to review these changes. Continuing to use the Services after any update means you accept the new Terms. In some cases, we may agree to specific changes that only apply to you. These must be in writing and agreed upon by both you and Eventnites.
  4. Since we regularly improve our products and services, we cannot guarantee that certain features will always be available. We may modify, replace, or discontinue parts of the Services at any time for any reason.
  1. Assignment

We can transfer our rights and responsibilities under these Terms.

We may assign our rights and obligations under these Terms to an affiliate or another company, including in cases of a corporate transaction, without needing your approval.

  1. Entire Agreement

These Terms are the complete agreement between us unless we have a separate written contract.

Unless stated otherwise, these Terms represent the entire understanding between you and Eventnites regarding your use of our Services, overriding any prior agreements, discussions, or communications. The only exception is if we’ve signed a specific written agreement with you for certain events.

  1. Governing Law and Jurisdiction

If a dispute can’t be resolved through arbitration, it will be handled in San Francisco courts under New York law.

These Terms are governed by New York law, regardless of where you live. However, if you reside outside the U.S., you may also be protected by local consumer protection laws.

Since Eventnites is based in Brooklyn, any legal disputes not covered by the arbitration agreement in Section 9 will be settled in Brooklyn courts. By agreeing to these Terms, you accept the jurisdiction of state or federal courts in Brooklyn (Kings) County, New York.

  1. Feedback

We can use any feedback you give us.

We appreciate your feedback, suggestions, and ratings for improving our Services or for events you attend (“Feedback”). Any Feedback you provide will be treated as non-confidential and non-proprietary. By sharing Feedback with us, you give us a worldwide, royalty-free, irrevocable, perpetual license to use and publish it for any purpose, with or without your name, and without compensation.

If you’re an Organizer, reviews and ratings of your events will also be considered Feedback. We decide if and how we share or publish any Feedback we receive.

  1. Third-Party Websites, Linked Accounts, and Offers

We are not responsible for third-party websites or services you access.

Our Services or Users may link to other websites or resources. Since we don’t control these sites, we are not responsible for their availability, content, products, services, or any damages that result from using them. We don’t endorse these websites, even if they are connected to our partners or third-party providers. For example, if you buy ticket insurance from a third-party through our site, your agreement is with them, not with us.

  1. Additional Legal Details

A few more important legal points before you go.

If we don’t enforce a part of these Terms right away, that doesn’t mean we waive our right to enforce it later or any other part of these Terms. Unless specifically stated, using one of our remedies doesn’t prevent us from using other remedies. No verbal agreements or changes to these Terms are valid. If any part of these Terms is deemed unenforceable, it will be limited as needed, and the rest of the Terms will remain in effect. Section titles and any italicized text are for convenience only and carry no legal weight.

Whenever we say that Eventnites “may,” “has the right,” or “is permitted,” it means we can choose to take that action but are not required to. Any decisions we make under these Terms are at our sole discretion. The term “including” should be understood as “including, but not limited to.” When these Terms say you “will” do something, it means you agree and are required to take that action. Your responsibilities, warranties, and commitments also apply to any of your Affiliates.

These Terms do not create a partnership, joint venture, or agency relationship between you and us. We can transfer our rights and obligations under these Terms freely. If we translate these Terms into other languages for convenience and there’s a conflict, the English version will prevail.

 

1.1 Definitions

Here are some key definitions to help you navigate these Terms.

  1. Affiliate: An “Affiliate” of any entity means any individual or organization that controls, is controlled by, or is under common control with that entity, whether as of the date you agree to these Terms or afterward. “Control” in this context refers to the ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise having the authority to direct the management and policies of an entity.
  2. Consumers: “Consumers” refers to individuals or entities using our Services for any reason, including accessing information and attending events.
  3. Eventnites Properties: “Eventnites Properties” refers to Eventnites’ products, features, and services available:
    A. Online through various Eventnites domains, including Eventnites.com (“Site(s)”);
    B. Off-platform, including entry management, sponsorships, marketing, or distribution services; and
    C. Through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”).
  4. Material: “Material” encompasses information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.
  5. Organizer: An “Organizer” is an individual or entity using our Services to create and manage events for Consumers.
  6. Services: “Services” refers to the Eventnites Properties as well as Organizer Services (as defined in Section 7 of Eventnites’ Merchant Agreement).
  7. Site Content: “Site Content” refers to Material contained in or delivered via the Services or otherwise made available by Eventnites in connection with the Services.
  8. Your Content: “Your Content” means any Material that you contribute, provide, post, or make available through the Services, or that you otherwise contribute, provide, post, or make available to us, or that you authorize us to use.
  9. Your Trademarks: “Your Trademarks” are the trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available through the Services, or that you otherwise contribute, provide, post, or make available to us, or that you authorize us to use.
  10. Users: The terms “Users,” “you,” or “your” refer collectively to Organizers, Consumers, and third parties accessing or using our Services.
  11. Eventnites: When these Terms use “Eventnites,” “we,” “us,” or “our,” it refers to Eventnites, Inc. and its Affiliates and subsidiaries, along with their respective officers, directors, agents, partners, and employees.

Additional Applicable Terms

  1. By agreeing to these Terms, you confirm that you have read and agreed to the Eventnites Privacy Policy and Cookie Statement, which are incorporated into these Terms by reference and form a part of this agreement.
  2. All Users are required to adhere to Eventnites’ Community Guidelines, which are also incorporated by reference into and form a part of these Terms. Please review these guidelines carefully, as they govern the types of content and behavior that are acceptable when using our Services.
  3. Depending on your use of the Services, additional terms may apply to you. These additional terms are incorporated by reference into and form part of these Terms:
    A. If you are an Organizer, the Eventnites Merchant Agreement and Organizer Refund Policy Requirements will apply to you.
    B. If you use the Eventnites Ads Service, the Eventnites Ads Guidelines will also apply to you. Services you use from time to time, as those terms will also be applicable to you.
  4. If we provide you with services not explicitly described in these Terms, unless we have a separate, signed agreement that specifically overrides these Terms, these Terms will apply to those services as well.

 

10. Governing Law

The interpretation and enforcement of these Terms are governed by the laws of the state in which Eventnites operates, without regard to its conflict of laws principles, unless otherwise specified. However, the arbitration process itself will be governed by the Federal Arbitration Act, as noted above.

 

6. Payment and Fees

You acknowledge that all fees associated with hiring talent, booking venues, or other services facilitated through Eventnites are non-refundable, except where Eventnites determines, at its sole discretion, that a refund is warranted due to exceptional circumstances.

7. Compliance with Local Laws and Regulations

When booking venues or hiring talent, you agree to ensure that your event complies with all applicable local, state, and federal laws, including but not limited to:

By using Eventnites to hire talent or book venues, you accept and assume all risks outlined above and release Eventnites from any liability that may arise as a result of these services.


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