Event Ticketing Terms | Eventually

Terms of Service

Please read these Terms of Service (these “Terms”) carefully before using the eventuallyticketing.com website, the mobile and touch versions, and any sites that reference these Terms (collectively, the “Website”) operated by Eventually Ticketing Inc., a Delaware corporation (“us”, “we”, “our”), and the related features and offerings available through the Website (collectively, the “Services”). These Terms contain important information regarding limitations of our liability. Your access to and use of the Website and Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who access and use the Website and Services.

TO THE EXTENT YOU ARE A SUBSCRIBER/PURCHASER OF THE SERVICES THROUGH THIS WEBSITE, THERE ARE ADDITIONAL TERMS APPLICABLE TO YOUR USE OF THE SERVICES. PLEASE REVIEW SUCH ADDITIONAL TERMS PRIOR TO CREATING AN ACCOUNT, OR PURCHASING THE SERVICES.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN THE “ARBITRATION AND DISPUTE RESOLUTION AGREEMENT” SECTION BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

BY ACCESSING OR USING THE WEBSITE OR SERVICES (INCLUDING SUBMITTING ANY INFORMATION OR CONTENT TO THE WEBSITE OR SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS OR USE THE WEBSITE OR THE SERVICES.

Privacy Policy

Personal information that you provide to us or that we collect about you through your access to and use of the Website or Services is subject to our Privacy Policy, accessible from https://www.eventuallyticketing.com/privacy-policy. We encourage you to read and become familiar with our Privacy Policy. By using the Website and Services, you consent to the data collection and use practices as described in our Privacy Policy, including consent to the collection and use of tracking technologies (as described in the Privacy Policy) on the Website as further described in the Privacy Policy. Your acceptance and consent to our use of tracking technologies includes your ratification of our use of such technologies in the processes related to loading and executing code within your access device or web browser.

Age Requirements

No one under the age of 18 may access or use the Website or Services unless supervised by a parent or legal guardian who is bound by these Terms. By accessing or using, or attempting to access or use, the Website and Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).

Accounts

In order to access and use certain parts of the Website and Services, you may be required to register and maintain an active account on the Website (“Account”). To set up an Account, you may be asked to provide certain information about yourself, such as your first and last name, email address, and other contact information. You may also need to create a password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Website.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or account. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our website or a third party service. You must notify us immediately of becoming aware of any breach of security or unauthorized use of your account.

You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address and other contact information, so that we can contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and/or suspension or termination of your Account.

You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, and/or Account, and that we may, but are not obligated to, deny access or block any use of your username, password, and/or Account without prior notice if we believe your username, password, and/or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.

We reserve the right to terminate your Account anytime at our sole discretion. You can terminate your Account by contacting us.

User Submissions

The Website may permit you to submit, upload, or otherwise provide comments, inquiries, messages, feedback, or other information or content to us or other users (“User Submissions”). By submitting, uploading, or otherwise providing any User Submissions, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, modify, translate, reformat, create derivative works of, display, perform, publish, distribute, and otherwise act with respect to your User Submissions, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, as we deem necessary or appropriate to: (i) provide the Website, Services, and Content, including any messaging functionality; (ii) support our businesses, including, without limitation, to further market, develop, and improve the Website, Services, and Content, to create, develop, and/or improve other products and services, and to conduct research and analytics; and (iii) to otherwise conduct our and/or any of our third-party partners’ businesses (including by commercializing, and permitting third parties to commercialize, your User Submissions). You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Submissions that you may have under any applicable law under any legal theory. You represent and warrant that you own, or otherwise have all rights, permissions, and authorizations necessary to post and grant to us and our licensees the foregoing license and rights under, your User Submissions, and that such use by us will not infringe, misappropriate, or otherwise violate any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party.

You are solely responsible for all of your User Submissions and for ensuring that they comply with these Terms and any applicable laws. By submitting or uploading your User Submissions, you accept sole liability and responsibility for any of your User Submissions that do not comply with these Terms and/or any applicable laws. Your User Submissions violate these Terms and are prohibited from the Website if they:

• are harassing, threatening, abusive, libelous, defamatory, untruthful, misleading, or invasive of privacy or publicity rights; • contain hateful, violent, or racist terms or images or symbols, or glamorize the actions of individuals or groups advocating violence, ethnic cleansing, genocide, or similar activities; • include or reveal the personal information of another person; • contain a formula, instruction, or advice that could cause harm or injury; • do not relate to the Website, Services, Content, or relevant assets, as applicable; • are vulgar, obscene, profane, pornographic, or otherwise objectionable or in bad taste, as determined by us in our sole discretion; or • constitute or encourage conduct that would constitute fraud, a criminal offense, or infringement or violation of another person’s intellectual property or proprietary rights, give rise to civil liability, or otherwise violate any applicable law or regulation.

We have the right, but do not assume the obligation or responsibility, to review and monitor User Submissions, and to determine whether they comply with these Terms and applicable laws. In addition, we have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, refuse to send, remove, or disable access to any User Submissions, including without limitation any User Submissions that constitute, or are likely to constitute, an infringement, misappropriation, or other violation of any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party. We assume no liability for any User Submission that appears or is removed from the Website or elsewhere. We have no obligation to use any User Submission and may not use it at all.

Any User Submission of any kind made by you or any other user or third party is made by the respective author(s) or distributor(s) and not by us. Other users and third parties may submit or post User Submissions that are inaccurate, misleading, or deceptive. We do not endorse and are not responsible for any User Submissions, and will not be liable for any loss or damage caused by your reliance on such User Submissions. A User Submission reflects the opinion of the person submitting it and may not reflect our opinion. Without limiting the foregoing, we specifically disclaim any liability concerning or relating to your contribution of, use of, or reliance on any User Submission and any actions resulting from your participation in any part of the Website, including, without limitation, any objectionable User Submission.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, and regulations (including copyright and other intellectual property laws, data privacy laws, cyber harassment laws, and anti-spam laws) and these Terms at all times. You further agree that all information or content you provide through the Website or Services is truthful and accurate to the best of your knowledge. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Indemnification

You agree to indemnify and hold us, our affiliates, and our and their respective officers, directors, owners, employees, contractors, and agents (collectively, the “Indemnitees”) harmless from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, costs, and expenses (including attorneys' fees and costs) (collectively, “Claims”) arising out of or relating to: (i) your use of the Website, Services, or Content; (ii) your breach or violation of any of these Terms; or (iii) your violation of any applicable law or regulation.

No Warranty on Website

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTIES THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (b) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, SERVICES, AND/OR CONTENT; (c) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (d) WARRANTIES THAT YOUR USE OF THE WEBSITE, SERVICES, AND/OR CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (e) WARRANTIES THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL BE FREE OF ERRORS OR VIRUSES, OR THAT ERRORS IN THE WEBSITE, SERVICES, AND/OR CONTENT WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR SERVICES IS SOLELY FOR INFORMATIONAL PURPOSES AND IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE WEBSITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE, SERVICES, OR CONTENT.

Damages and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EVENTUALLY TICKETING INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THE WEBSITE SERVICES, OR CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE WEBSITE, SERVICES, OR CONTENT, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THE WEBSITE OR SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF EVENTUALLY TICKETING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF EVENTUALLY TICKETING INC. ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR CONTENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY EVENTUALLY TICKETING INC. FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE LIABILITY AROSE.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Links To Third Party Websites

This Website and Services may be made available or accessed in connection with third-party content, websites, and services that we do not control. We do not control such third-party content, websites, and services, and are not responsible for your use of or their contents or the privacy or other practices of such third-party content, websites, and services. Our inclusion of such third-party content, websites, or services does not imply any endorsement of such third-party content, websites, or services, or any association with their operators.

Security and Network Access

We take such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. It is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from the Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims

The Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are protected by copyright and/or other intellectual property laws.

You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Website and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (a) without the prior consent of the owner of that Content, or (b) in a way that violates our or anyone else’s rights.

You understand and agree that we and/or our respective licensors own all right, title, and interest in and to the Website, Services, and Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Website, Services, or Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Eventually Ticketing Inc. and/or our respective licensors and Content-providers. Under no circumstances will you acquire any ownership rights or other interest in the Website, Services, or Content by or through your use thereof.

You hereby grant us a perpetual, royalty-free, irrevocable, sublicensable, assignable, and transferable license to use, copy, distribute, display, modify, transfer, create derivative works of, or otherwise exploit any information and data that you provide in connection with, or that otherwise arises from, your use of the Website and any content, feedback, submissions, ideas (including requests or suggestions), concepts, know-how, or techniques that you submit to the Website or otherwise choose to share with us through other communication channels for any purpose (including without limitation commercialization). You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).

If you are aware of a potential infringement of our intellectual property rights, please contact Eventually Ticketing at hi@eventuallyticketing.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

Arbitration and Dispute Resolution Agreement

The arbitration shall be administered by the Judicial Arbitration & Mediation Services (“JAMS”) and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section.

To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Cook County, Illinois, unless the arbitrator determines or we agree that the matter should proceed in the county where you reside.

Governing Law, Venue

These Terms shall be governed and construed in accordance with the laws of the state of Illinois, United States, without regard to its conflict of laws provisions. IN THE EVENT ANY DISPUTE PROCEEDS IN A COURT OF LAW, ALL SUCH DISPUTES SHALL BE RESOLVED IN A STATE OR FEDERAL COURT LOCATED IN COOK COUNTY, ILLINOIS.

Changes to the Website and These Terms

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Website and/or Services. We reserve the right at any time to modify or discontinue the Website or Services (or any part thereof) with or without notice to you. To the maximum extent permitted under applicable law, we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon notice, which we may give by any means, including by posting the updated terms of service to the Website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Website and Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

Termination of Access

We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to or use of the Website or Services for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if we discontinue or materially modify the Website or Services (or any part thereof); or (iv) if we believe in our sole discretion that your access to or use of the Website or Services may pose a risk for us, our affiliates, or contractual partners, or other users.

Upon any termination, you will lose the right to access and use the Website and Services and your Account, if any, will be closed. Notwithstanding the foregoing, after termination of your account, you have thirty (30) days to export your data. If you do not export your data within this timeframe, we may delete your data after ninety (90) days, subject to rolling encrypted backup cycles.

Miscellaneous

These Terms (as may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Website, Services, and Content.

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid, illegal, or unenforceable provision.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Questions

If you have any questions about the Website, Services, or these Terms, please contact us at:

Eventually Ticketing

hi@eventuallyticketing.com

(630) 244-5357

1750 W Julian Street #4 Chicago, IL 60622

United States

ADDITIONAL TERMS FOR PURCHASERS/SUBSCRIBERS

These additional terms (“Additional Terms”) apply to users of the Website that purchase the Services (“Customers”). These Additional Terms supplement, and do not in any way limit, your obligations in the foregoing terms and conditions.

If you are accepting this Agreement on behalf of an entity, you represent and warrant that you are duly authorized by such entity to act on its behalf and to bind it to the terms and conditions of this Agreement. If you do not have such authority, or if you do not agree with the terms of this Agreement, you may not create an account or use the Services.