Last Updated: December 2023
Welcome to EventMaster! We know as event creators and consumers you want your events to run safely and smoothly. We want the same thing for our platform.
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using EventMaster's Services, you agree to comply with and be bound by these Terms, as applicable to you.
TIP: IMPORTANT NOTICE: SECTION 9 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 9 VERY CAREFULLY.
a. An "Affiliate" of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to these Terms or after. For purposes of this definition, " control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
b. "Consumers" means consumers using our Services for any reason, including to consume information and/or attend events.
c. "EventMaster Properties" means EventMaster's products, features and offerings that are available:
i. online through various EventMaster properties including EventMaster, Give2You ("Site(s)");
ii. off platform, including entry management, sponsorship, and marketing or distribution services; and
iii. through mobile applications, webpages, application programming interfaces, and subdomains (" Applications").
d. "Material" includes information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.
e. "Organiser" means an event creator using our Services to create events for Consumers.
f. "Services" include the EventMaster Properties and the Organiser Services.
g. "Site Content" refers to Material contained in or delivered via the Services or otherwise made available by EventMaster in connection with the Services.
h. "Your Content" is any Material that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorise us to use.
i. "Your Trademarks" are the trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorise us to use.
j. Organisers, Consumers, and third parties accessing or using our Services are all referred to in these Terms collectively as " Users," "you," or "your."
k. When these Terms use "EventMaster," "we," "us," or "our," that refers to EventMaster, and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.1.2 What else? There may be other terms that apply to you.
b. We may sometimes provide you with services that are not described in these Terms and unless we have entered into a separate, signed agreement that expressly supersedes these Terms, these Terms will apply to those services as well.1.3 Using our Services on behalf of an entity will bind that entity to these Terms.
If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its Affiliates and you represent that you have the authority to do so. In that case, "you" and "your" will refer to that entity as well as yourself.2. EventMaster's Services and Role
We offer an events management platform that helps Organisers and Consumers connect through events. Through our Services, Organisers can create, post and manage online or in-person events, sell tickets, solicit donations and stay connected to Consumers through a suite of marketing tools.
We also provide a membership platform that allow people to renew existing membership and join onboarded organisations and clubs.
Eventmaster also provide an online fundraising platform. This platform allows charities and other onboarded organisations to raise funds through donations.2.2 What does Eventmaster provide
Eventmaster provide our Services, which allow Organisers to manage ticketing and registrations and promote their events. Eventmaster are not the creator, organiser, or owner of the events listed on the Services nor are we the seller of tickets,
registrations, or any merchandise on the Services.
When hosting an event, the Organiser is solely responsible for ensuring that their event and any page displaying an event complies with any applicable laws, rules, and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner.3. Privacy and Consumer Information
If you are an Organiser, you will at all times comply with all applicable laws, rules, and regulations with respect to information you collect from (or receive about) Consumers or other individuals and comply with any applicable policies posted by us on the Services with respect to information you collect from (or receive about) Consumers.4. Term
These Terms apply to you as soon as you access the Services by any means and will continue to apply until they are terminated. There may come a time when either you or EventMaster decides it's best to part ways. When that happens, these Terms will generally no longer apply. However, as described below, certain provisions will always remain applicable to both you and us.4.2 We can revoke your access to our Services.
a. We may suspend or terminate your right to use the Services at any time, including if:
i. you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due;
ii. you misuse or abuse the Services, or use the Services in a way not intended or permitted by us;
iii. you engage in any conduct on or off EventMaster that jeopardizes the safety of our community or integrity of EventMaster or interferes with the experience of our community or EventMaster; or
iv. allowing you to access and use the Services would violate any applicable r laws, rules and regulations or court order or would expose us to legal liability.
b. We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.4.3 We hope you want to continue using our Services, but please refer to this paragraph if you don't.
Except as agreed otherwise in a separate written agreement between you and us or other Affiliated Agreement, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered EventMaster account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.4.4 Certain provisions will always remain applicable to both you and us.
All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e., they will continue to apply to you) including all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licences.5. Data
Promoters are responsible for the safe storage of their data and the download of their data. They are responsible for updating the system for any person with access to the event data.6. Release and Indemnification
a. The event organiser and ticket purchaser acknowledge that Eventmaster provide a ticketing service and we are not responsible in any way for the provision of the event. As such our liability extends only to the service, we provide which is the provision of the ticketing system. Any claims arising from the event or any incidents arising from the event are outside the responsibility of Eventmaster.
The event organiser and the ticket holder agree to fully indemnify Eventmaster arising from any claims arising outside of this scope of responsibility. This extends to any issues that arise from attending the event.
b. You hereby agree to release us (collectively with our Affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent agreementors and employees, the "EventMaster Released Parties") from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any of the following:
i. the Services or any event listed on the Services, including Your EventMaster Events;
ii. your Licensure any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
iii. any Feedback that you give or receive; or
iv. Your Content or Your Trademarks.
c. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN their FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY them MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."6.2 Indemnification. You agree to indemnify us if a third party challenges us because of something you did or failed to do.
a. You agree to defend, indemnify, and hold harmless the EventMaster Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including reasonable legal and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a " Claim") relating to or arising out of:
i. your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
ii. your unauthorised use of the Services;
iii. your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
iv. any Feedback that you give or receive;
v. your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
vi. our collection and remission of taxes; and
vii. if you are an Organiser, Your EventMaster Events (including where we have provided Services with respect to those events) and Your Content and Your Trademarks, provided that in the case of this indemnification will not apply to the extent that the Claim arises out of EventMaster's gross negligence or willful misconduct.
b. We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with us in any way we request.7. Disclaimer of Warranties and Assumption of Risks by You
a. To the extent allowed under applicable laws, they are provided on an "as is" and "as available" basis. EventMaster expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, noninfringement, and fitness for a particular purpose. For example, we make no warranty that:
i. the Services (or any portion of the Services) will meet your requirements or expectations.
ii. the Services will be uninterrupted, timely, secure, or error-free; or
iii. the results that may be obtained from the use of the Services will be accurate or reliable.
b. We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers' personal infor mation shared with Organisers in connection with events), or (iii) ability of any User to complete a transaction.
c. We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Organiser chooses to assist with an event, or that you choose to use or agreement with when using the Services.7.2 You must assume risks that are inherent in attending live events.
Some events may carry inherent risk and by participating in or attending those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in or attend those events.7.3 Most events on our platform are not hosted by EventMaster, but if and when you participate in one that is, you assume all risks.
When you attend an event hosted by us, you waive any and all claims and causes of action against the EventMaster Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, property damage or wrongful death in connection with your attendance at the event.7.5 The disclaimers will apply so long as they are allowed under law.
The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.
8. Limitation of Liability
8.1 In order to provide our Services on a large scale, we have to limit our liability to you.
a. To the extent permitted by applicable laws, the EventMaster Released Parties, will not be liable to you or any third party, for:
i. Any indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages);
ii. any Feedback that you give or receive; or
iii. Your Content or Your Trademarks.
b. In addition, the EventMaster Released Parties' maximum aggregate liability is limited to the following:
i. For Organisers of events on our Site with paid tickets:
1. The EventMaster Fees (net of any EventMaster Payment Processing Fees) that the Organiser paid us in the three (3) month period immediately preceding the circumstances giving rise to their claim; or
ii. For other Users:
1. The total amount of all tickets or registrations that the User purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to their claim; or
2. If no tickets were sold or purchases were made, one hundred euro(EUR €100).
9. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS 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; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to d iscovery may be more limited in arbitration than in court.
9.1 Contact us first if you have an issue with our Services.
You agree that if you have a question or concern about the Services, you will contact us at firstname.lastname@example.org, prior to initiating any legal proceeding. Our customer support team will try to answer your question or resolve your concern.9.2 If a dispute can't be resolved between us, it must be resolved through arbitration.
In the unlikely event that our customer support team is unable to resolve your concerns, you and we each agree to resolve all disputes and claims between you and us, including any arising under or relating to these Terms, your use of the Services, or your and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have authority to enter all relief that would be available in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, co nsolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the appointed arbitrator - and not any court - will have the authority to resolve any dispute relating to this Section, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms and any other agreement between you and us.9.3 Our agreement to arbitrate applies to almost all claims.
a. This agreement to arbitrate applies to all legal disputes between you and us. It includes, but is not limited to: (i) all claims relating to any aspect of the relationship between you and us, whether based in agreement, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
b. Notwithstanding this agreement to arbitrate, you or we may choose to bring:
i. an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
ii. enforcement actions, validity determinations or claims relating to theft, piracy or unauthorised use of intellectual property to protect your or our Intellectual Property Rights. " Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.9.4 We both agree to not bring a class action.
a. YOU AND EVENTMASTER 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, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY'S CLAIMS.
You and we each acknowledge that different arbitrations may present overlapping factual or legal issues. As such, to the fullest allowable extent, you and we each agree that in the event one of you or us initiates an arbitration against the other and we determine, in our sole discretion, that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between us and a third party (a "Similar Arbitration"), the arbitration involving you will, at our request, be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved. Any rulings in any Similar Arbitration will not be binding in the arbitration involving you.9.5 Notice must be given when one of us intends to seek arbitration.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (" Dispute Notice"). The Dispute Notice to EventMaster must be addressed to the following address (" Notice Address") and must be sent by certified mail: EventMaster, Unit 27, Tait Business Center, Dominic Street, Limerick, Ireland. Dispute Notices to you will be addressed to a mailing, home, or payment address currently on record with EventMaster and must be sent by certified mail. If we have no records of a physical address, our Dispute Notice may be delivered to your EventMaster account email address. The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If EventMaster and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Dispute Notice is sent, you or EventMaster may commence an arbitration proceeding.9.6 This is how we decide who's responsible for the costs of legal fees.
a. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own legal 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 will award such prevailing party the reasonable legal 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 use of the Services (rather than business use) EventMaster will not seek to recover its legal fees and expenses in an arbitration initiated by you unless the arbitrator determines that your claims were frivolous as set forth above. The arbitrator may make rulings and resolve disputes as to the reimbursement of legal fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.9.7 If you want to opt out of our agreement to arbitrate, you must notify us in time.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above in this Section 9 by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to email@example.com. Please include the following in the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of these provisions. Note that if you opt out of these arbitration provisions, EventMaster also will not be bound by them.10. Licence to the EventMaster Services
a. We grant you a limited, non-exclusive, non-transferable, non-sublicensable revocable right to use our Services solely to:
i. browse the Services and search for, view, register for, or purchase tickets or registrations to an event listed on the Services; and/or
ii. create event registration, Organiser profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event.
b. Your use of the Services must comply with these Terms and all applicable laws, rules and regulations.10.2 You can't copy, sell, or use our Services in a way that is damaging to EventMaster.
In addition to any other restrictions, limitations, and prohibitions that we impose (in
these Terms or elsewhere), you agree you will not directly or indirectly:
a. copy, modify, reproduce, translate, localise, port, or otherwise create derivatives of any part of the Services;
b. reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organisation of all or any part of the Services;
c. rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner;
d. remove or alter any proprietary notices on the Services; or
e. engage in any activity that interferes with or disrupts the Services.10.3 Our property remains our property.
You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the Site Content, or portions of the Site Content may be made available to us through arrangements with third parties. Site Content that is included in or made available through the Services is our exclusive property and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable law, rule, or regulation. Any rights not expressly granted in these Terms are reserved.10.4 You can't use trademarks that aren't yours unless we say so.
a. The trademarks, service marks and logos of EventMaster (the "EventMaster Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of EventMaster. 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, together with EventMaster Trademarks, the " Trademarks"). Your licence to use the Services does not include, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without our prior written consent specifically for each such usage.
b. You must not use the Trademarks to disparage us, any third party, or our or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any EventMaster Trademark will inure to EventMaster's benefit. Certain issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of the Services, you are violating these patent rights and copyrights.10.5 Any sub-domains connected to our website will be owned by us.
We may provide you with the right to use a sub-domain within the Site (e.g., [subdomain prefix].EventMaster.com) for one or more of Your EventMaster Events. All such sub-domains are solely our property and we reserve the right to determine the appearance, design, functionality, and all other aspects of such sub-domains. If we provide you with a sub-domain, your right to use it will continue only for so long as you are actively selling tickets for Your EventMaster Events on the Services and provided you are in compliance with the Terms. If we terminate your right to use a sub-domain for any other reason, we will provide you with a new sub-domain.11. Licences and Permits. Organisers must obtain all applicable licences, permits, and authorizations for their events.
If you are an Organiser, along with your other representations and warranties, you represent and warrant to us that:
a. You will obtain, before starting ticket sales, all applicable licences, permits, and authorizations (individually and collectively, " Licensure") for Your EventMaster Events. Licensure includes state, county, municipal, or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits;
b. You will comply, and will ensure that the venues for Your EventMaster Events will comply, with all applicable laws, regulations, rules, and ordinances;
c. You will maintain throughout the use of the Services the applicable Licensure to promote, produce, sponsor, host, and sell tickets for all of Your EventMaster Events; and
d. You will provide evidence of Licensure and related information prior to offering tickets or registrations for Your EventMaster Events and promptly upon our reasonable request from time to time.12. Your Rights to Submit a Copyright Takedown Notice What to do if you believe your copyrights are being violated.
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to remove this in accordance with law to firstname.lastname@example.org. Scraping or Commercial Use of Site Content is Prohibited
You have no right to use, and you agree not to use, any Site Content for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or employ any automated means to extract data from the Sites.14. Fees and Refunds.
Creating an account and listing an event are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between us and certain Organisers. In some cases, Organisers may determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Organiser out of ticket and registration gross proceeds. The fees charged to Consumers may include other charges, including facility fees, royalties, taxes, processing fees, and fulfilment fees. This means that the fees paid by Consumers for an event are not necessarily the same as those charged by us to the applicable Organiser or the standard fees. In addition, some fees are meant to defray costs incurred by us, but may in some cases include an element of profit and in some cases include an element of loss. We do not control (and 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 purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.14.2 You may be able to transfer your ticket.
If you wish to transfer tickets to an event you have purchased on the Site, please contact the Organiser of the event to arrange for ticket transfer. If you are unable to reach the Organiser, or the Organiser is unable to arrange a ticket transfer, please contact email@example.com and we might be able to accommodate this for you.14.3 Consumers requesting a refund should contact the Organiser. Consumers must not use a ticket that has been refunded, and Organisers must not accept invalid tickets.
a. Because all transactions are between an Organiser and its Consumers, we ask that all Consumers contact the applicable Organiser of their event with any refund requests.
b. If you are a Consumer and you receive a refund for your ticket, you will discard the ticket and will not use it (or any copy of it) to attend the event. Violation of this is fraud.
c. If you are an Organiser, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed, including the checking in with the EventMaster app for organisers.
d. We will not be liable under any circumstances for any costs arising from Organisers' non-compliance with the procedures that must be implemented by Organisers to check the validity of tickets. We will not be liable under any circumstances for costs and/or damage arising from ticket-related fraud and/or the purchase of the ticket through non-official means, such as third parties.15. Your Account with EventMaster
We may require you to create an account to access certain features or functions of the Services. You agree to the following:
a. You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 16 or older, you may only use the Services under the supervision of a parent or legal guardian who manages your use of the Services and/or account. If you are under 16, please do not provide us with any information about yourself.
b. You must provide accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, that entity (the "Registration Data"). You also must update this Registration Data if it changes.
c. If there is a dispute between two or more persons or entities regarding account ownership, we will be the sole arbiter of that dispute and our decision (which may include termination or suspension of the account) will be final and binding.
d. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licences provided in these Terms.
e. We may provide you the ability to implement certain permissions within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you are solely responsible for all activity that occurs under your account (including actions by sub-users). You must maintain the confidentiality of your password and account details. All rules applicable to your account will apply to all third parties to whom you grant access to your account.
f. You will immediately notify us of any unauthorised use of your password or account, or any other breach of security. You are responsible for any activities that occur under your account.
g. You will not use the Services to collect any sensitive personal information, such as health information, PPS number, social security numbers, financial information, payment card numbers, driver's licence numbers, and passport numbers, unless otherwise permitted by these Terms or we have consented to the collection of the information in writing.16. Your Content and Your Trademarks.
a. You are solely responsible for Your Content and Your Trademarks. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on:
i. Your Content, in whole or in part, in any media, for
1. the purpose of operating the Services (including our promotional and marketing services, which may include promotion of you and Your EventMaster Events on a third-party website or other media, including our event distribution providers and our social media properties);
2. EventMaster's internal purposes (such as employee or shareholder communications); and
3. when you give your permission, for the purposes of promoting EventMaster or our Services; and
ii. Your Trademarks,
1. in connection with our use of Your Content; and
2. for the purpose of identifying you as an existing or past customer of EventMaster both on the Services and in marketing, advertising and promotional materials.
We don't claim ownership to Your Content or Your Trademarks, but these licences are essential to provide you the Services and help Your EventMaster Events. Consider the following examples: if you submit your logo or other images associated with one of Your EventMaster Events, we can display them on our website and resize or enhance them so that they look good on our Applications, or use them with our marketing tools to help you promote Your EventMaster Events; we may feature details from one of Your EventMaster Events in a blog, case study, or shareholder letter to highlight the impact made by Your EventMaster Events.
b. You hereby waive any and all moral rights in connection with our use of Your
Content. We do not claim, and you do not transfer, any ownership rights in any of Your Content or Your Trademarks and nothing in these Terms will restrict any rights that you may have to use and exploit Your Content and Your Trademarks outside of the Services.16.2 You represent that you are able to grant us the rights described above.
You represent and warrant that you have all the rights, power and authority necessary to
grant the foregoing licence, and that all Your Content and Your Trademarks:
a. do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
b. comply with all laws, rules and regulations; and
c. do not violate these Terms.16.3 Your Content must comply with our rules and guidelines.
a. Your Content must be accurate and truthful. We reserve the right to remove Your Content from the Services if we believe that Your Content or Your EventMaster Events violate these Terms, our acceptable content limits or for any other reason. Your Content and Your Trademarks may be displayed on the Services in proximate distance to any Site Content or any third-party content, including content that is substantially similar or competing with yours, and we do not guarantee your exclusivity as an Organiser in any category. Without limiting the generality of the foregoing, the Services are provided on a nonexclusive basis. We may preserve Your Content, Your Trademarks, Registration Data, and all other data associated with your account, and may also disclose Your Content, Your Trademarks, Registrations Data, and all other data associated with your account if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
i. comply with legal process;
ii. respond to claims that any of Your Content or Your Trademarks violate the rights of third parties;
iii. enforce or administer these Terms; and/or
iv. protect the rights, property, and/or personal safety of us, our Users and/or the public, including fraud prevention. b. You understand that the technical processing and transmission of the Services, including Your Content and Your Trademarks, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.17. Rules for Using our Marketing Tools
a. We may provide features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email or other messaging tools (the "Marketing Tools"). If you use Marketing Tools, you agree that:
i. you have the right and authority to send messages to the email addresses and other contact methods on your recipient list, and such addresses and information were gathered in accordance with applicable email and/or other marketing regulations in the recipient's country of residence;
iii. you will comply with all applicable laws, rules and regulations, including those relating to spam and email, and including the EU GDPR and e-privacy directive, the U.S. CAN-SPAM Act and the Canadian CASL and when using the Marketing Tools;
iv. you will only use the Marketing Tools to advertise, promote, and/or manage Your EventMaster Events;
v. your use of the Marketing Tools and the content of your emails and other messages complies with these Terms;
vi. you will not use false or misleading headers or deceptive subject lines in emails sent using the Marketing Tools;
vii. if we send you a Consumer's request to modify such Consumer's email and other messaging preferences, you will respond immediately and in accordance with instructions; and
viii. you will provide an accessible and unconditional unsubscribe link in every email where one is required, and you will not send any emails or other messages to any recipient who has unsubscribed from your applicable mailing/messaging list.17.2 If you don't comply, we may terminate your access to our Messaging Tools.
If you violate any of these Terms or if your use of the Messaging Tools results in bounce rates, complaint rates, or unsubscribe requests in excess of industry standards, or if your emails cause disruption to the Services, we may (in addition to other remedies we have) limit or suspend your access to the Messaging Tools.18. Notices.
a. Notices may be sent to you by email or regular mail at your business address listed in EventMaster's records. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.
b. If you wish to contact us or deliver any notice(s), you can do so at the following address: EventMaster, Unit 27 Tait Business Center, Dominic Street, Limerick, Ireland; or via email to firstname.lastname@example.org. Modifications to the Terms or Services.
b. All Modifications will be effective immediately.
c. You are responsible for reviewing any Modifications. Your continued use of the Services after any Modification will be considered your acceptance of that Modification and the updated Terms. In certain circumstances. we may seek a Modification to these Terms that will only apply to you. This type of Modification must be in writing and signed by both parties (you and EventMaster).
d. We are constantly evolving our products and services to better meet the needs of our Users. Because of this. we cannot guarantee the availability of certain product features or functionality. We reserve the right to modify. replace. or discontinue any part of the Services or the entire Services at any time and for any reason.20. Assignment.
We may. without your consent. freely assign these Terms and our rights and obligations under these Terms. whether to an Affiliate or to another entity. in connection with a corporate transaction or otherwise.21. Entire Agreement.
Except as otherwise stated in these Terms. these Terms are the entire agreement between you and us and govern your use of the Services. superseding any prior or contemporaneous agreements. proposals. discussions. or communications between you and EventMaster on the subject matter of these Terms. other than any written agreement for Services between you and us relating to a specified event or events.22. Governing law and jurisdiction
1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-agreementual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland.
2. The parties irrevocably agree that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-agreementual disputes or claims).
3. The parties agree that in the event of a dispute that they will both positively engage in mediation and then arbitration before any matter goes to the courts.23. Feedback.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services, as well as feedback, comments, suggestions, and ratings regarding the services and events of third parties such as the Organisers of events you attend (collectively, "Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, publish, and exploit those ideas and materials for any purpose, with or without your name, without compensation to you. We may collect testimonials, ratings, and reviews about Site Content, the Services, and, if you are an Organiser, Your Content and events. These testimonials, ratings and reviews will be considered Feedback. We retain full discretion on whether, when, where, with whom, and how Feedback is shared or published.24. Third Party Websites
The Services or Users may provide links to other Internet websites or resources. Because we have no control over such websites and resources, you agree that we are not responsible for the availability of such websites or resources. We do not endorse and are not responsible or liable for any Site Content, advertising, offers, products, services, or other materials on or available from such websites or resources and are not responsible for any damages or losses related to them, even if such websites or resources are connected with our partners or third-party service providers. For example, if you purchase a photgaphic package on the Site from a third party, your agreementual relationship is with the third-party provider, not with Eventmaster.25. Additional Miscellaneous Provisions.
If we fail to enforce any part of these Terms, that will not amount to a waiver of our right to later enforce that or any other part of these Terms. Except as expressly set out in these Terms, the exercise by us of any of our remedies under these Terms wil l not preclude us from exercising our other remedies under these Terms or otherwise. No oral waiver, amendment, or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles and subtitles in these Terms, along with the italicized text following them, are for convenience only and have no legal or agreementual effect and do not amount to legal advice. When we say EventMaster "may" or has the right, is permitted, authorised, or allowed to do something in these Terms, it means we may, but are not obligated to, exercise the applicable rights or options or take the applicable action, as we determine in our sole discretion. Any determinations, decisions, or beliefs by us under these Terms may be made by us in our sole discretion. As used in these Terms, "including" means "including, but not limited to." When these Terms say that you "will" take an action, this means that you are agreeing to take the action and that you must take that action. Your obligations, duties, warranties, representations, releases, and waivers throughout these Terms are also the obligations, duties, warranties, representations, releases, and waivers of your Affiliates. No independent agreementor, agency, partnership, joint venture, or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.26. Additional Clauses for Users in Certain Locations
EventMaster offers Organisers and Consumers the opportunity to benefit from our Services worldwide. To allow each User full advantage of our Services and applicable law, certain additional provisions included in this Section may be applicable to you.
26.1 EEA, Swiss, and UK Users If you are an Organiser and process personal data of EU event attendees, you are a data controller with respect to your event attendees' personal data and we will act as a data processor. With respect to EU personal data that an Organiser holds as a data controller, the Data Processing Addendum for Organisers is incorporated into these Terms.27. No partnership or agency
27.1 Except as expressly provided, nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, nor authorise a party to make or enter into any commitments for or on behalf of the other party.28. Notices
28.1 Any notice or other communication required to be given under this agreement, shall be in writing and shall be delivered personally, or sent by pre-paid post or recorded delivery, by commercial courier or by email, to each party required to receive the notice or communication at its address as set out:
For the attention of Eventmaster, Unit 27 Tait Centre, Dominic Street, Limerick, Ireland.
Any notice or other communication shall be deemed to have been duly served:
If delivered personally, when left at the address and for the contact referred to in this Clause; or
If sent by pre-paid post or recorded delivery on the third Business Day after posting; or
If delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed
If delivered by email, on the date and time a delivery receipt is received.
29.1 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
29.2 If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.
30.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
30.2 Event Organizers, ticket purchasers and event attendees acknowledge that Eventmaster are a service provider and are at no time liable for any injuries or issues that occur before, during or after these events or any other events. Event Organizers, ticket purchasers and event attendees therefore indemnify Eventmaster against any such actions arising from any events where Eventmaster provided online registration services and online ticket services for the event.
30.3 Eventmaster is responsible for the processing of your ticket. We act on behalf of the promoter to collect your details and payment on their behalf. We are not responsible for the staging of any part of the event. In purchasing this ticket you must accept that Eventmaster are not responsible and cannot be held responsible by you or your agent for any issue resulting from attending the event,
31. Freedom to contract
31.1 The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver and to exercise their rights and perform their obligations under this agreement
32. Entire Contract
32.1 This agreement (and any document referred to in it) constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
32.2 Eticket Space and Marketing clickthrough space. The use and ownership of the eticket space and the clickthrough marketing space on all tickets is owned by Eventmaster and can be sold to third party agents without the consent of event organisers.