Terms of Service
Last Modified: December 6, 2022
Welcome to Event Visionary! Event Visionary Inc., a Delaware
corporation (together with its affiliates, agents,
representatives, consultants, employees, officers, and directors
–“Event Visionary”, “we”, “us” and/or “our”) that provides the
ticketing platform located at https://eventvisionary.com/ (collectively with other Event Visionary platforms or
websites, the “Site”) and the mobile application (“App”) that
allows users to offer, sell, or buy event tickets or third-party
services and enables curators to manage marketing, ticketing,
attendance, and payment collection (collectively, such services
and related EVENT VISIONARY products or services, including any
new features and applications, together with the Site and App,
the “Services”). Portions of the Services are publicly available
to all visitors to the Site (the “Visitors”), whereas other
portions of the Services are available only to registered users
with an Account on the Services (collectively, the “Members”).
These Terms of Service (“Agreement”) applies to both Visitors
and Members (collectively, the “Users”). Please read this
Agreement carefully before you start to use the Services.
BY
CLICKING THE “AGREE” BUTTON WHEN CREATING AN ACCOUNT OR LOGGING
IN, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THE PRIVACY POLICY;
REPRESENT THAT YOU HAVE
THE AUTHORITY AND ARE FULLY ABLE AND COMPETENT TO ENTER THIS
AGREEMENT ON BEHALF OF YOURSELF OR AN ENTITY;
REPRESENT
THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT;
AND
ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY
BOUND BY ITS TERMS AND THE PRIVACY POLICY.
IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
EVENT
VISIONARY Account Creation
Creating a EVENT VISIONARY
Account. In order to use the Services as a Member, you are
required to create a EVENT VISIONARY account (“Account”, as
further defined below). You must be at least eighteen (18) years
of age, or the age of majority in your applicable state, to
register an Account; otherwise, you may only use the Services
with permission from, and under the supervision of, your parent
or guardian. You represent that the information in your Account,
and any other information you otherwise provide to us, is
accurate, current and complete information, and agree to update
it and keep it accurate, current and complete. We reserve the
right to suspend or terminate your Account or your access to the
Services if any information provided to us proves to be untrue,
inaccurate, not current, or incomplete. It shall be a violation
of this Agreement to (a) submit inauthentic information for
Account registration or maintenance, (b) create or control more
than one Account without our express written authorization
(including, but not limited to, using a name that is not yours,
using a temporary or secondary email address, or providing any
other falsified information), or (c) allow any other person to
use your Account to participate in or otherwise use the
Services. If you are a User seeking to use the Services to
manage marketing, ticketing, attendance, or payment collection
of your events or services (collectively, “Curators”),
additional terms may apply to you.
Account Activities. When
you create an Account, you will be asked to create a password.
You are solely responsible for maintaining the confidentiality
of your Account and password and for restricting access to your
computer/mobile device, and you agree to accept responsibility
for all activities, charges (if applicable), and damages that
occur under your Account. If you discover any unauthorized use
of your Account, or other known Account-related security breach,
you must report it to us immediately. You agree that you are
responsible for anything that happens through your Account until
you close your Account or prove that your Account security was
compromised due to no fault of your own. We cannot and will not
be liable for any loss or damage arising from your failure to
comply with this section.
Curator Obligations. Members who
organize and promote events and offer, sell or otherwise
distribute tickets to events (“Events”) through the Services are
referenced herein as Curators. Curator represents and warrants
that it (a) is authorized to promote the Event through the
Services, that it will obtain all applicable licenses, permits,
and authorizations for such Event (“Authorizations”) prior to
offering, selling, or distributing such Event tickets through
the Services, and that it shall provide evidence of such
Authorizations promptly upon EVENT VISIONARY’s reasonable
request from time to time; (b) will comply with all applicable
laws, rules, or regulations related to Curator’s promotion or
hosting of such Event, including but not limited to enforcement
of any applicable venue rules or identity verification of Event
attendees; promoting or hosting such Event; and (c) that each of
Curator’s Event listings is accurate, current, complete, and not
misleading or otherwise deceptive. No Event tickets sold through
the Services will be delivered separately or require an
additional purchase, for example, via a third-party website or
other channel. Curator understands and agrees that it is solely
responsible for its Events and the Event tickets that it makes
available or distributes through the Services, including posting
or making available any applicable terms and conditions
regarding such Events or Event tickets and that it is solely
responsible for any fees or costs incurred in connection with,
and for paying any applicable income, sales, or other taxes that
Curator may be subject to, as a result of using the Services.
Consumer
Obligations. Members who purchase Event tickets from Curators
from EVENT VISIONARY through the Services are referenced herein
as “Consumers.” Consumer understands and agrees that (a) EVENT
VISIONARY does not sell, and is not responsible for, the Events
promoted on the Services or the Event tickets made available for
purchase on the Services and is merely a content host for such
Events; (c) Events made available through the Services may be
subject to the applicable terms and conditions as stated by the
Curator, and Consumer is responsible for complying with such
Event terms and conditions. Consumer is responsible for payment
of all fees and charges (such as taxes, if applicable and EVENT
VISIONARY processing fees for the transaction) for purchases
made on the Services through Consumer’s Account, and for
providing and maintaining current and accurate payment details
in Consumer’s Account.
User Acknowledgment of Marketplace
Platform; Refund Policy. EVENT VISIONARY is not responsible for
any loss or damage arising out of any decisions ultimately made
or implemented based on a User’s use of the Services, including
but not limited to losses or damages relating to attendance at
any Events. EVENT VISIONARY has no control over and does not
guarantee the pricing, existence, quality, safety or legality of
any Events or Event tickets, including any related User Content,
promoted on the Services. All purchases made on the Services are
subject to the refund policies of the applicable Curator and/or
Event. Consumers may be able to request refunds under certain
circumstances if permitted by the applicable Curator and/or
Event, however EVENT VISIONARY processing fees are
non-refundable and will not be included in any refunds processed
on the Services, regardless of the reason for the refund.
Consumers may request a refund by contacting the Curator of an
applicable Event or contacting us at support@eventvisionary.com to be put in contact with such Curator.
User
Interactions. Subject to the terms of the EVENT VISIONARY
Privacy Policy, your direct interactions (if any) with other
Users, including the purchase of, sale of, payment for, and
delivery of goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings,
are solely between you and that individual User. Like with any
web-based interaction, we suggest that you use caution and good
judgment. Except as otherwise specifically stated herein, EVENT
VISIONARY is not involved in any actual transactions made
through the Services. EVENT VISIONARY is not the agent or
representative of any User for any purpose whatsoever and that
it is not responsible for any loss or damage incurred as the
result of any such dealings or with respect to any other User’s
use or disclosure of your personally identifiable information.
For details about our information collection practices, please
see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND
ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR
VISITOR OF THE SERVICE), EVENT VISIONARY IS UNDER NO OBLIGATION
TO BECOME INVOLVED, AND YOU HEREBY RELEASE EVENT VISIONARY FROM
ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE
ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE.
Use of the
Services; Reservation of Rights
License Grant. Subject to
the terms of this Agreement, EVENT VISIONARY grants you a
personal, limited, non-exclusive, and nontransferable license to
access and use the Services strictly in accordance with this
Agreement and all applicable laws, rules, and regulations. You
are responsible for all of your activity in connection with the
Services.
Reservation of Rights**.** EVENT VISIONARY
reserves the right to modify, suspend or discontinue all or any
aspect of the Services to anyone for any reason at our sole
discretion, with or without any notice. EVENT VISIONARY reserves
the right to modify, suspend, or discontinue the Services
(including, but not limited to, the availability of any feature,
database, or content), whether temporarily or permanently at any
time for any reason. You agree that EVENT VISIONARY shall not be
liable to you or to any third party for any modification,
suspension, or discontinuation of the Services. We may also
impose limits on certain features and services or restrict your
access to parts or all of the Services without notice or
liability. EVENT VISIONARY may, in its sole discretion: (a)
cancel unconfirmed Accounts, duplicate Accounts, or Accounts
that have been inactive for a substantial period of time; (b)
delay, refuse to display, or remove content or listings; (c)
remove any special status associated with an Account, and (d)
take technical and/or legal steps to limit or prevent any User’s
use of the Services, including imposing limits on certain
features of the Services or restricting access to parts or all
of the Services, in each case without notice or liability.
Prohibited
Conduct. You understand and agree that you will not use the
Services to engage in the prohibited conduct below:
You
shall not use the Services for any illegal or fraudulent
purpose, or in violation of any local, state, national, or
international law, including, without limitation, laws governing
intellectual property and other proprietary rights, data
protection and privacy;
You shall not use the Services for
purposes of competitive analysis, the development of a competing
product or service, or any other purpose that is to our
commercial disadvantage;
You shall not submit information
or documentation to the Services that pertains or belongs to any
other party;
You shall not post, store, send, transmit, or
disseminate any information or material which infringes any
patents, trademarks, trade secrets, copyrights, or any other
proprietary or intellectual property rights;
You shall not
use the Services in any way that (i) posts, lists, or uploads
content that is false, inaccurate, misleading, deceptive; (ii)
contains any threat of violence to others; (iii) is in
furtherance of illegal activities; (iv) is harassing, hateful,
libelous, defamatory, abusive, or constitutes spam; or (v) is
pornographic, predatory, sexually graphic, racist, offensive,
harmful to a minor, or would otherwise violate the rights of any
third party or give rise to civil or criminal liability;
You
shall not attempt to use any method to gain unauthorized access
to any features of the Services;
You shall not directly or
indirectly decipher, decompile, remove, disassemble, reverse
engineer, or otherwise attempt to derive any source code or
underlying ideas or algorithms of any part of the Services,
security-related features of the Services, features that prevent
or restrict use or copying of any content accessible through the
Services, or features that enforce limitations on use of the
Services, except to the extent applicable laws specifically
prohibit such restriction;
You shall not directly or
indirectly modify, translate, or otherwise create derivative
works of any part of the Services, nor republish, sell, rent, or
sublicense, reproduce, duplicate, or copy material from the
Services;
You shall not, without prior written approval
from EVENT VISIONARY, create frames around our Web pages or use
other techniques that alter in any way the visual presentation
or appearance of our Site or Services;
You shall not
directly or indirectly license, copy, sell, rent, lease,
distribute, or otherwise transfer any of the rights that you
receive hereunder or commercially exploit the Services, in whole
or in part;
You shall not harvest or collect information
about other Users without their consent;
You shall not
directly or indirectly take any action that constitutes
unsolicited or unauthorized advertising or promotional material
or any junk mail, spam, or chain letters; contains software
viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit, or interfere
with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any system, data, password, or other information of
EVENT VISIONARY or any third party; or that impersonates any
person or entity, including any employee or representative of
EVENT VISIONARY;
You shall not directly or indirectly take
any action that imposes or may impose (as determined by EVENT
VISIONARY in its sole discretion) an unreasonable or
disproportionately large load on EVENT VISIONARY’s or its
third-party providers’ infrastructure; interfere or attempt to
interfere with the proper working of the Services or any
activities conducted on the Service; run any form of
auto-responder or “spam” on the Services; or use automated means
(including but not limited to scripts, third-party tools, bots,
or web scrapers) to interact with the Services in any way;
and
You shall not create a false identity on the Services,
misrepresent your identity, impersonate any person or entity
(including any employee or representative of EVENT VISIONARY),
create, use, or attempt to use an Account for anyone other than
you, or sell or otherwise transfer your Account.
If for any
reason we determine that you have failed to follow these rules,
we reserve the right to prohibit any and all current or future
use of the Services by you. If we have reason to suspect, or
learn that anyone is violating this Agreement, we may
investigate and/or take legal action as necessary including
bringing a lawsuit for damages caused by the violation. We
reserve the right to investigate and take appropriate legal
action, including without limitation, cooperating with and
assisting law enforcement or government agencies in any
resulting investigations of illegal conduct.
Availability
of the Services
Availability. You acknowledge that there
may be interruptions in service or events that are beyond our
control. While we use reasonable efforts to keep the Services
accessible, the Services may be unavailable from time to time
for any reason including, without limitation, system down time
for routine maintenance. You further understand that there may
be interruptions in service or events on third-party sites that
may affect your use of the Services and that are beyond our
control to prevent or correct. Accordingly, we cannot accept any
responsibility for any connectivity issues that you may
experience when using the Site or Services or for any loss of
material, data, transactions or other information caused by
system outages, whether planned or unplanned. You hereby agree
that we cannot be held liable to you or any third party should
we exercise our right to modify, suspend or discontinue the
Services.
User Content Guidelines
User Content. Users
of the Services may have the ability to contribute, add, create,
submit, distribute, facilitate the distribution of, collect,
post, or otherwise make accessible certain content through
submission of text, photographs, user videos, electronic files,
and software code or license keys, or other information in order
to use, or continue using, the Services (“User Content”). You
understand and agree that you are responsible for whatever
material you submit, and you, not EVENT VISIONARY, have full
responsibility for your User Content and Feedback (as defined
below), including its legality, reliability, accuracy,
appropriateness, originality, and copyright.
User Content
License. EVENT VISIONARY does not claim ownership of any User
Content. By posting User Content to the Service, you grant us
and our service providers and business partners a nonexclusive,
royalty-free, perpetual, irrevocable, sub-licensable, and
transferable (in whole or in part) worldwide license to use,
modify, publicly display, reproduce, and distribute such User
Content on and through the Service, including in connection with
the development, production, distribution and/or exploitation
(including marketing and promotion) of EVENT VISIONARY
generally, unless otherwise prohibited by law. You agree that
this license includes the right for us to make your User Content
available to other users of the Service, subject to this
Agreement and the EVENT VISIONARY Privacy Policy.
User
Feedback on the Services. We, including third-party partners,
may ask you for Feedback (as defined below) on your experience
with the Services. We shall become the owner of any reviews,
comments, suggestions or other feedback regarding the Services
posted to the Services, EVENT VISIONARY social media pages, or
other third-party sites (collectively, “Feedback”). Without
limitation, we will have exclusive ownership of all present and
future existing rights to the Feedback of every kind and nature
everywhere and will be entitled to use the Feedback for any
commercial or other purpose whatsoever, including to advertise
and promote EVENT VISIONARY, without compensation to you or any
other person sending the Feedback. You specifically waive any
“moral rights” in and to the Feedback. You agree that any
Feedback you submit to us will not contain any information or
ideas that you consider to be confidential or proprietary.
User
Content Warranties. To the extent that you decide to post any
User Content or Feedback on the Services or on EVENT VISIONARY
social media pages, you represent and warrant to us that (a) you
own the User Content, or you otherwise have the legal right to
use it and you have received all necessary permissions,
clearances from, or are authorized by, the owner of any part of
the content to submit it to the Services; (b) your User Content
or Feedback will not contain third-party copyrighted material,
or material that is subject to other third-party proprietary
rights, unless you have permission from the rightful owner of
the material or you are otherwise legally entitled to post the
material and to grant us all of the license rights granted
herein; and (c) you have no agreement with or obligations to any
third party with respect to the rights herein granted which
conflict or interfere with or adversely affect any of the
provisions of these Terms or the use or enjoyment by us of any
of the rights herein granted.
Enforcement; Validation of
Content. EVENT VISIONARY is under no obligation to post or use
any User Content you may provide. We may refuse to accept or
transmit User Content. Additionally, we shall have the right to
delete, edit, modify, reformat, excerpt, or translate any of
your User Content for the purpose of providing Services to you.
You understand and agree that EVENT VISIONARY is not and cannot
be responsible for any User Content, including any information
or materials therein, posted by Users on the Services, and that
you must bear all risks associated with the exposure to and/or
use of any such User Content. We reserve the right to review any
User Content, and to investigate and/or take appropriate action
against you in our sole discretion if you violate any provision
of this Agreement or otherwise create liability for us or any
other person. Such action may include removing your User
Content, terminating your Account in accordance with this
Agreement, and/or reporting you to law enforcement
authorities.
EVENT VISIONARY Intellectual Property
EVENT
VISIONARY Content. Through the Services, we may make accessible
various content, including, but not limited to, videos,
photographs, images, artwork, graphics, audio clips, comments,
data, text, software, scripts, campaigns, other material and
information, and associated trademarks and copyrightable works
(collectively, “EVENT VISIONARY Content”).
EVENT VISIONARY
Intellectual Property Rights. The Services and EVENT VISIONARY
Content are protected in many ways, including copyrights,
trademarks, service marks, and other rights and laws. You agree
to respect all legal notices, information, and restrictions
contained in any content accessed through the Services,
including in any EVENT VISIONARY Content. You also agree not to
change, translate, or otherwise create derivative works based
off EVENT VISIONARY Content. All other User Content viewed
through the Services is the property of its respective owner.
You have a limited, revocable, non-exclusive, non-transferable
license to use the Services and EVENT VISIONARY Content solely
for legally permitted activities related to our Services as
outlined in this Agreement.
Copyright Policy and Notices of
Intellectual Property Violations
Copyright Policy. EVENT
VISIONARY complies with the Digital Millennium Copyright Act
(DMCA). We will remove infringing materials in accordance with
the DMCA if properly notified that Content infringes copyright.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please notify the EVENT
VISIONARY Copyright Agent by email at support@eventvisionary.com or by mail to the address in the Contact section. Please do
not send notices or inquiries about anything other than alleged
copyright infringement or other intellectual property claims to
our Agent for Notice. Your email must contain the following
information:
an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if
available, an e-mail address;
a description of the
copyrighted work that you claim has been infringed;
a
description of where the material that you claim is infringing
is located on the Services, sufficient for us to locate the
material; your address, telephone number, and email address;
a
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law; and
a statement by you that the
information in your notice is accurate and, under penalty of
perjury, that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
If you fail to comply with
these notice requirements, your notification may not be valid.
Under the Copyright Act, any person who knowingly materially
misrepresents that material is infringing or was removed or
disabled by mistake or misidentification may be subject to
liability.
In accordance with the Digital Millennium
Copyright Act, we have adopted a policy of, in appropriate
circumstances, terminating User Accounts that are repeat
infringers of the intellectual property rights of others. We may
also terminate User Accounts even based on a single
infringement.
Counter-Notice. If you believe that your User
Content that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to the
law, to post and use the material in your User Content, you may
send a written counter-notice containing the following
information to the Copyright Agent: (1) Your physical or
electronic signature; (2) Identification of the User Content
that has been removed or to which access has been disabled and
the location at which the Content appeared before it was removed
or disabled; (3) A statement that you have a good faith belief
that the User Content was removed or disabled as a result of
mistake or a misidentification of the User Content; and (4) Your
name, address, telephone number, and email address, a statement
that you consent to the jurisdiction of the federal court in
Wilmington, Delaware, and a statement that you will accept
service of process from the person who provided notification of
the alleged infringement. If a counter-notice is received by the
Copyright Agent, we may send a copy of the counter-notice to the
original complaining party informing that person that it may
replace the removed User Content or cease disabling it in 10
business days. Unless the copyright owner files an action
seeking a court order against the User Content provider, member
or user, the removed User Content may be replaced, or access to
it restored, in 10 to 14 business days or more after receipt of
the counter-notice, at our sole discretion.
Sponsorships
and Third-Party Sites
Advertisements. The Services may
contain third party advertisements, corporate sponsorships
and/or branded content (for example, from our marketing or
launch partners as may be designated on the App or Site). The
sponsors that provide these advertisements or sponsorships are
solely responsible for ensuring that the materials submitted for
inclusion on the Services are accurate and that they comply with
all applicable laws. We are not responsible for the acts or
omissions of any sponsor or advertiser.
Third-Party Sites.
The Services may permit you to link to other websites or
resources on the internet. Links on the Services to third party
websites, if any, are provided only as a convenience to you. If
you use these links, you will leave the Services. The inclusion
or integration of third-party services or links does not imply
control of, endorsement by, or affiliation with EVENT VISIONARY.
Your dealings with third parties are solely between you and such
third parties. You agree that we will not be responsible or
liable for any content, goods or services provided on or through
these outside websites or for your use or inability to use such
websites. You will use these links at your own risk.
Hyperlinking
to Our Content. The following organizations may link to our Site
without our prior written approval:
Government agencies;
Search
engines;
News organizations;
Online directory
distributors when they list us in the directory may link to our
Site in the same manner as they hyperlink to the websites of
other listed businesses; and
Systemwide Accredited
Businesses except soliciting non-profit organizations, charity
shopping malls, and charity fundraising groups which may not
hyperlink to our Site.
The above organizations may link to
our home page, or to EVENT VISIONARY publications or other Site
information so long as the link: (a) is not in any way
misleading, (b) does not falsely imply sponsorship, endorsement
or approval of the linking party and its products or services,
and (c) fits within the context of the linking party’s site.
Hyperlinking
by Third Parties Requiring EVENT VISIONARY Approval. The
following organizations must obtain prior written approval from
EVENT VISIONARY before linking to our Site:
Commonly-known
consumer and/or business information sources such as Chambers of
Commerce, American Automobile Association, AARP and Consumers
Union;
Dot.com community sites;
Associations or other
groups representing charities, including charity giving
sites,
Online directory distributors;
Internet
portals;
Accounting, law and consulting firms whose primary
clients are businesses; and
Educational institutions and
trade associations.
If you are among the organizations
listed in this Section 7.4 and are interested in linking to our
Site, you must notify us prior to doing so by sending an email
to support@eventvisionary.com. Please
include your name, your organization name, contact information
(such as a phone number and/or e-mail address) as well as the
URL of your site, a list of any URLs from which you intend to
link to our Site, and a list of the URL(s) on our site to which
you would like to link. Allow 2-3 weeks for a response. We may
approve such link requests in our sole discretion. Once approved
by EVENT VISIONARY, the above organizations may link to our home
page, or to EVENT VISIONARY publications or other Site
information so long as the link: (a) is not in any way
misleading, (b) does not falsely imply sponsorship, endorsement
or approval of the linking party and its products or services,
and (c) fits within the context of the linking party’s site.
Permitted
Hyperlink Activities. Approved organizations may hyperlink to
our Site as follows: (a) by use of our corporate name; (b) by
use of the URL Web address being linked to; or (c) by use of any
other description of our Site or material being linked to that
makes sense within the context and format of content on the
linking party’s site. Notwithstanding the foregoing, no use of
EVENT VISIONARY’s logo or other artwork is permitted for linking
absent an executed trademark license agreement with EVENT
VISIONARY. EVENT VISIONARY reserves the right at any time and in
its sole discretion to request your removal of any and all links
to any part of our Site or Services. You agree to immediately
remove all such links upon our request.
Term and
Termination
Term. The term of Agreement commences when you
access the Services by any means and will continue in effect
until terminated by you when you cancel your Account, or by us
as set forth below. You may terminate this Agreement by
canceling your Account through your account settings or by
sending us an email at support@eventvisionary.com.
Termination by EVENT VISIONARY. We may suspend or cancel
your Account without notice to you if you violate this
Agreement, or for any reason at all. If your Account is
canceled, we reserve the right to remove your account
information along with any of your account settings from our
servers with NO liability or notice to you. Once your account
information and account settings are removed, you will not be
able to recover this data and you will lose access to your
Account and all of your User Content.
Effect of
Termination. Upon termination, your license to use our Services
terminates and you must cease all use of the Services. All
provisions of this Agreement that by their nature should survive
termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers,
indemnity, limitations of liability, and arbitration. You
acknowledge and understand that our rights regarding any User
Content you submitted to the Services before your Account was
terminated shall survive termination. For the avoidance of
doubt, we may retain User Content in our backups, archives and
disaster recovery systems until such User Content is deleted in
the ordinary course of business. Termination will not limit any
of EVENT VISIONARY’s rights or remedies at law or in equity.
DISCLAIMER
OF WARRANTIES - THE SERVICES AND ALL INFORMATION CONTAINED
HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES
OF ANY KIND.
Disclaimer of Content. EVENT VISIONARY acts a
content host where Users contribute User Content. Accordingly,
EVENT VISIONARY does not control and is not responsible for the
User Content posted or submitted through the Services and EVENT
VISIONARY does not guarantee the accuracy, integrity, quality or
appropriateness of any User Content transmitted to or through
the Services. All User Content posted on the Services is the
sole responsibility of the person from whom such User Content
originated. EVENT VISIONARY may, but has no obligation to
screen, preview, monitor, or approve any User Content posted or
submitted to the Services. Under no circumstances will EVENT
VISIONARY be liable in any way for any User Content.
Disclaimer
of Actions of Users. EVENT VISIONARY does not endorse and is not
responsible or liable for any Events, products or services,
including but not limited to Event tickets, available or
unavailable from, or promoted through, the Services. Your
dealings with any other User, and any other terms, conditions,
representations or warranties associated with such dealings, are
between you and such User exclusively and do not involve EVENT
VISIONARY. You should make whatever investigation or other
resources that you deem necessary or appropriate before
purchasing from other Members. EVENT VISIONARY is not
responsible for the accessibility or unavailability of any User.
YOU WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST EVENT
VISIONARY RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY
OTHER USER AND RELEASE EVENT VISIONARY FROM ANY AND ALL
LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH
OTHER USERS.
Disclaimer of Warranties. THE SERVICES ARE
PROVIDED TO USERS “AS IS” AND WITH ALL FAULTS AND DEFECTS
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, EVENT VISIONARY, ON ITS OWN BEHALF AND ON
BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS,
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, SECURITY,
ACCURACY, AVAILABILITY, AND NON-INFRINGEMENT, AND WARRANTIES
THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING,
EVENT VISIONARY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES
NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR
WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR
SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR
RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR
DEFECTS CAN OR WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH
THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM, DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENT VISIONARY
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN
RISK AND THAT EVENT VISIONARY ASSUMES NO RESPONSIBILITY OR
LIABILITY FOR THE TRUTHFULNESS, ACCURACY, TIMELINESS OR
COMPLETION OF THE CONTENT OR FAILURE BY THE SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY
Limitation of Liability**.** TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE EVENT
VISIONARY OR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, CONSULTANTS, SUCCESSORS, AND ASSIGNS, FROM ALL
LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES. IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE
SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.”
EXCEPT AS OTHERWISE
SPECIFICALLY PROVIDED IN NO EVENT SHALL EVENT VISIONARY, NOR ITS
AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS,
SUCCESSORS, AND ASSIGNS, BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY
WITH RESPECT TO THE SERVICES (I) FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR
USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO PERSONAL
INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE,
FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR
TRANSMITTED BY THE SERVICES, THE COST OF SUBSTITUTE GOODS OR
SERVICES, OR ATTORNEYS FEES AND COSTS), (II) FOR ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), OR (III) ANY DIRECT DAMAGES IN EXCESS OF THE
GREATER OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00)
OR THE AMOUNT OF FEES PAID BY OR TO YOU, AS APPLICABLE, THROUGH
THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE
DATE THE CLAIM AROSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN
THESE JURISDICTIONS, EVENT VISIONARY LIABILITY WILL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to indemnify, defend, and hold harmless EVENT
VISIONARY (including our affiliates and subsidiaries, as well as
our and their respective officers, directors, employees, agents,
representatives, consultants, successors, and assigns) from and
against any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including
reasonable attorneys’ fees, arising from or relating to your use
or misuse of the Service or your breach of this Agreement,
including but not limited to your breach of any law or the
rights of a third party or, with respect to Curators, any
failure to acquire or maintain the proper Authorizations as
applicable.
Dispute Resolution and Arbitration Provision:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN
COURT
Initial Dispute Resolution. For any problem or
dispute that you may have with us, you understand and agree that
you will first give us an opportunity to resolve your problem or
dispute. In order to initiate this dispute resolution process,
you agree that you shall first send us a written description of
your problem or dispute within thirty (30) days of the
occurrence of the event giving rise to the problem or dispute by
sending an email to: support@eventvisionary.com or by mail to the address listed below. You then agree to
negotiate with us in good faith about your problem or dispute
for sixty (60) days. This should lead to resolution, but if for
some reason your problem or dispute is not resolved
satisfactorily within sixty (60) days after our receipt of your
written description of it, you agree to the arbitration
provisions below.
Binding Arbitration. If the parties do
not reach an agreed upon solution under the Initial Dispute
Resolution provision, then either party may initiate binding
arbitration as the sole means to resolve claims, subject to the
terms set forth below. Specifically, all claims arising out of
or relating to this Agreement (including formation, performance
and breach), the parties’ relationship with each other and/or
your use of the Services shall be finally settled by binding
arbitration administered by the American Arbitration Association
in accordance with the provisions of its Commercial Arbitration
Rules and the supplementary procedures for consumer related
disputes of the American Arbitration Association (the “AAA”),
excluding any rules or procedures governing or permitting class
actions. The Commercial Arbitration Rules governing the
arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. The arbitrator, and
not any federal, state or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or
relating to the interpretation, applicability, enforceability or
formation of this Agreement, including, but not limited to any
claim that all or any part of this Agreement are void or
voidable, or whether a claim is subject to arbitration. The
arbitrator shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitration
rules also permit you to recover attorney’s fees in certain
cases. The arbitrator’s award shall be written, and binding on
the parties and may be entered as a judgment in any court of
competent jurisdiction. 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 discovery may be more limited in
arbitration than in court.
Location. The arbitration will
take place in Wilmington, Delaware.
Class Action Waiver.
The parties further agree that any arbitration shall be
conducted in their individual capacities only and not as a class
action or other representative action, and the parties expressly
waive their right to file a class action or seek relief on a
class basis. YOU AND EVENT VISIONARY 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 OR REPRESENTATIVE PROCEEDING. If any court or
arbitrator determines that the class action waiver set forth in
this paragraph is void or unenforceable for any reason or that
an arbitration can proceed on a class basis, then the
arbitration provision set forth above shall be deemed null and
void in its entirety and the parties shall be deemed to have not
agreed to arbitrate disputes.
Exceptions – Litigation of
Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties’ decision to resolve all disputes
through arbitration, either party may bring an action in state
or federal court to protect its intellectual property rights
(“intellectual property rights” means patents, copyrights, moral
rights, trademarks, and trade secrets, but not privacy or
publicity rights). Either party may also seek relief in a small
claims court for disputes or claims within the scope of that
court’s jurisdiction.
30-Day Right to Opt-Out. You have the
right to opt-out and not be bound by the arbitration and class
action waiver provisions set forth above by sending written
notice of your decision to opt-out to us at support@eventvisionary.com. The notice must be sent within thirty (30) days of your first
use of the Services, otherwise you shall be bound to arbitrate
disputes in accordance with the terms of those paragraphs. If
you opt-out of these arbitration provisions, we also will not be
bound by them.
Changes to this Section. We will provide
thirty (30) days’ notice of any changes to this section. Changes
will become effective on the 30th day, and will apply
prospectively only to any claims arising after the 30th day. The
Agreement and the relationship between you and EVENT VISIONARY
shall be governed by the laws of the State of Delaware without
regard to conflict of law provisions.
Miscellaneous
Assignment.
This Agreement is personal to User, and you may not assign,
transfer, sub-license, sub-contract, charge or otherwise
encumber any of your rights or obligations under this Agreement
without the prior written consent of EVENT VISIONARY. EVENT
VISIONARY may assign, transfer, or delegate any of its rights
and obligations hereunder without your consent. Any attempted
assignment in violation of this Section 13.1 shall be null and
void.
Entire Agreement. This Agreement, and all terms and
policies posted through our Services, including our Privacy
Policy and any applicable Supplemental Terms, constitutes the
entire agreement between you and EVENT VISIONARY with respect to
the Services, and supersedes all prior or contemporaneous
understandings and agreements of the parties, whether written or
oral, with respect to the Services.
Geographic
Restrictions**.** The Services are based in the state of
Delaware in the United States and provided for access and use
only by persons located in the United States. You acknowledge
that you may not be able to access the Services outside of the
United States and that access thereto may not be legal by
certain persons or in certain countries. If you access the
Services from outside the United States, you are responsible for
compliance with local laws.
Governing Law and Jurisdiction.
This Agreement is governed by and construed in accordance with
the internal laws of the State of Delaware without giving effect
to any choice or conflict of law provision or rule. Any legal
suit, action, or proceeding arising out of or related to this
Agreement or the Application shall be instituted exclusively in
the federal courts of the United States or the courts of the
State of Delaware in each case located in Wilmington, Delaware.
You waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
Modification.
We reserve the right, at our sole discretion, to amend, modify
or replace this Agreement, including the Privacy Policy or any
Supplemental Terms, at any time. The most current version of
this Agreement (with the revision date stated) will be made
available through the Site. In the event that we make material
changes to the Agreement, we will notify you by displaying a
prominent notice on the Site or by sending an email to the email
address affiliated with your Account. Updated versions of the
Agreement will never apply retroactively and the updated
Agreement will give the exact date they go into effect. It is
your responsibility to check the Site periodically for changes
to the Agreement. Use of the Services by you following any
modification to the Agreement constitutes your acceptance of the
Agreement as modified. Without limiting our ability to refuse,
modify, or terminate all or part of our Services, we may also
terminate this Agreement at any time for any reason, at our sole
discretion, by giving notice of such termination.
Relationship
of the Parties. Becoming a User of our Services does not create
an agency, employment, ***** venture, franchise or partnership
relationship between you and EVENT VISIONARY.
Severability**.**
If any provision of this Agreement is illegal or unenforceable
under applicable law, the remainder of the provision will be
amended to achieve as closely as possible the effect of the
original term and all other provisions of this Agreement will
continue in full force and effect.
Supplemental Terms. Your
use of the Services may be subject to additional terms and
conditions, such as a set of terms that apply to a specific
promotion or line of services, which may be modified from time
to time (“Supplemental Terms”). Supplemental Terms are in
addition to, and shall be deemed a part of, this Agreement. In
the event of a conflict between the Supplemental Terms and this
Agreement, the Supplemental Terms shall prevail solely to the
extent of such conflict.
Waiver**.** No failure to
exercise, and no delay in exercising, on the part of either
party, any right or any power hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any
right or power hereunder preclude further exercise of that or
any other right hereunder. In the event of a conflict between
this Agreement and any applicable purchase or other terms, the
terms of this Agreement shall govern.
Contact**.** If you
have any questions about this Agreement, or feedback, comments,
requests for technical support, and other communications related
to the Services, please contact us at support@eventvisionary.com or at the address set forth below.
SMS Terms
SMS
Notification. If opted in upon sign up, we will alert you via
text about receipts and other EVENT VISIONARY important
event-related messages at the phone number provided. Message and
data rates may apply. Message frequency varies. Text HELP for
help. Text STOP to unsubscribe.
EVENT VISIONARY is an event
ticketing platform. You will receive alerts, receipts, and other
important event-related messages via SMS.
You can cancel
the SMS service at any time. Just text "STOP" to the
short code. After you send the SMS message "STOP" to
us, we will send you an SMS message to confirm that you have
been unsubscribed. After this, you will no longer receive SMS
messages from us. If you want to join again, just sign up as you
did the first time and we will start sending SMS messages to you
again.
If you are experiencing issues with the messaging
program you can reply with the keyword HELP for more assistance,
or you can get help directly at support@eventvisionary.com.
Carriers
are not liable for delayed or undelivered messages
As
always, message and data rates may apply for any messages sent
to you from us and to us from you. Message frequency varies. If
you have any questions about your text plan or data plan, it is
best to contact your wireless provider.
If you have any
questions regarding privacy, please read our privacy policy: https://eventvisionary.com/privacy
This EVENT VISIONARY Community Addendum
(“Community Terms”) is an addendum to the general terms and
definitions contained in the EVENT VISIONARY Terms of Service
(“Agreement”) and applies as Supplemental Terms for all Curators
or Users of our marketplace platform located at https://eventvisionary.com/community (the “EVENT VISIONARY Community”). These Community Terms apply
to Users who use EVENT VISIONARY Community to connect with other
Users in order to offer, promote, sell, or purchase Freelancer
Services as either Consumers or Curators of such services.
Capitalized terms not defined here have the same definitions
used in the Agreement.
EVENT VISIONARY Community Platform
for Freelancers and Consumers
General. The EVENT VISIONARY
Community marketplace platform connects certain Curators who
promote their own services (“Freelancers” and the services they
offer through EVENT VISIONARY Community, the “Freelancer
Services”) with Consumers who seek to obtain and purchase
Freelancer Services.
User Acknowledgment of Marketplace
Platform. Users of the Services or EVENT VISIONARY Community
contract directly with other Users, and EVENT VISIONARY shall
not be a party to any such contracts between Users. EVENT
VISIONARY is not an employer of, or affiliated with, any of the
Curators who may use portions of the Services or EVENT VISIONARY
Community. EVENT VISIONARY is not responsible for any loss or
damage arising out of or related to any User’s use of EVENT
VISIONARY Community, including but not limited to purchases made
through the Services. EVENT VISIONARY has no control over and
does not guarantee the pricing, existence, quality, safety or
legality of any Freelancer Services, including any related User
Content, promoted on the Services. All purchases made on EVENT
VISIONARY Community are subject to the cancellation or refund
policies of the applicable Freelancer and our current policies
regarding cancellation requests, payment, and support, which may
be found at https://eventvisionary.com/tos.
Freelancer or Curator Obligations
EVENT VISIONARY
Community Profiles. Freelancers may create profiles to
advertise, promote, and otherwise offer to perform the
Freelancer Services for Consumers on EVENT VISIONARY Community.
By using EVENT VISIONARY Community as a Freelancer, you
acknowledge and agree that you: (a) must use your legal name and
provide a current photograph of yourself for use on your EVENT
VISIONARY Community profile; (b) shall respect the privacy
(including without limitation private, family and home life),
property, and data protection rights of Consumers and that you
will not record (whether video or audio or otherwise) any
performance of the Freelancer Services or any interaction by or
with any Consumer in connection with EVENT VISIONARY Community
without the prior written consent of each relevant Consumer, or
EVENT VISIONARY, as applicable; (c) will act professionally and
responsibly in your interactions and dealings with Consumers on
EVENT VISIONARY Community, and will honor and fulfill your
commitments to such Consumers, including by responding to
communications promptly, performing the Freelancer Services as
agreed between you and a Consumer, and providing timely,
high-quality Freelancer Services to Consumers; (d) agree that
all payments for Freelancer Services offered or sold through
EVENT VISIONARY Community will be made or received solely
through EVENT VISIONARY Community or applicable EVENT VISIONARY
payment processors, and that additional terms and conditions of
such payment processors may apply. You are solely responsible
for the Freelancer Services that you promote, offer, or sell
through EVENT VISIONARY Community, including posting or
communicating any applicable terms and conditions to Consumers.
You are solely responsible for any fees or costs incurred in
connection with, and for paying any applicable income, sales, or
other taxes that you may be subject to, as a result of your use
of EVENT VISIONARY Community.
Curator Representations and
Warranties. Curator represents and warrants that at all times
during its use of the Services, it (a) operates as a sole
proprietor or an independent business owner of an entity in good
standing; (b) is customarily engaged in an independently
established business of the same nature as the Freelancer
Services offered or performed for Consumers through EVENT
VISIONARY Community; (c) will only offer or provide Freelancer
Services for which Freelancer has the necessary skills and
expertise to provide safely and competently, and that each of
Freelancer’s listings or offerings will be accurate, current,
complete, and not misleading or otherwise deceptive; (d) has the
unrestricted right to perform the Freelancer Services in the
applicable jurisdiction in which it will perform such services
for Consumers; (e) has the right, authority, and capacity to
offer and perform the Freelancer Services on behalf of itself,
that it will obtain all applicable licenses, permits, and
authorizations for such Freelancer Services (“Authorizations”)
prior to offering, selling, or performing the Freelancer
Services, and that it shall provide evidence of such
Authorizations promptly upon EVENT VISIONARY’s reasonable
request from time to time; (f) will comply with all applicable
laws, rules, or regulations related to the offer, sale, or
performance of the Freelancer Services; (g) it will obtain and
maintain any and all required insurance policies for operation
of its business or provision of the Freelancer Services; and (h)
will not violate the terms and conditions of any other
third-party agreements, nor violate the rights of any third
parties, in its performance of the Freelancer Services or use of
EVENT VISIONARY Community.
Additional Curator Obligations.
As a Curator, you are solely responsible for obtaining general
liability insurance policies with coverage amounts sufficient to
cover all risks associated with your performance of the
Freelancer Services or hosting of an Event. You shall provide
the Freelancer Services under your own name or business name
only, and not under that of EVENT VISIONARY or any third party.
You acknowledge and agree that your use of EVENT VISIONARY
Community creates a direct business relationship between you and
a Consumer only and that EVENT VISIONARY is acting as the
limited payment collection agent solely for the purpose of
facilitating payment to you from Consumers for the Freelancer
Services that you provide to such Consumers in accordance with
the Agreement and these Community Terms. You further acknowledge
and agree that you are free to offer and provide your services
elsewhere, including through competing platforms. You may accept
or reject offers or requests from Consumers in your sole
discretion; however, if you accept a Consumer as a client or
otherwise contract with them through EVENT VISIONARY Community,
you are expected to fulfill your contractual obligations to such
Consumer or otherwise comply with our current policies regarding
cancellation, payment, and support.
Consumer Obligations
Consumer
understands and agrees that (a) EVENT VISIONARY does not direct
or control any Freelancer or their Freelancer Services, nor does
EVENT VISIONARY set their work locations, work hours, terms of
work, or fees; (b) Freelancer Services made available through
the EVENT VISIONARY Community marketplace may be subject to
additional terms and conditions as stated by the Freelancer, and
Consumer is responsible for complying with such terms and
conditions; and (c) Consumer is responsible for payment of all
fees and charges (such as taxes, if applicable and EVENT
VISIONARY processing fees for the transaction) for Freelancer
Services purchased through Consumer’s Account, and for providing
and maintaining current and accurate payment details in
Consumer’s Account.
EVENT VISIONARY Fees for Curators;
Payment Terms
Freelancer Fees. Freelancers are entitled to
fees for any applicable Freelancer Services sold to other Users
through the EVENT VISIONARY Services (collectively, “Freelancer
Fees”). By using the Services, you acknowledge and agree that
our current policies regarding cancellation, payment, and
support shall apply, which may be found at https://eventvisionary.com/tos. The purchasing Users are solely responsible for payment of
all Freelancer Fees owed, including fees owed for Freelancer
Services offered through EVENT VISIONARY Community, and EVENT
VISIONARY is not obligated to compensate a Curator for another
User’s failure to pay Freelancer Fees. By using the Services,
you agree to consent to the applicable terms and conditions of
EVENT VISIONARY’s payment processors, and you understand and
agree that EVENT VISIONARY has no obligations, responsibilities,
or liabilities to any Curator or other party under your
agreements with such payment processors.
Reservation of
Rights. For security concerns, EVENT VISIONARY reserves the
right in its sole and reasonable discretion to validate the
financial information associated with any Account and/or
temporarily disable a Curator’s ability to withdraw fees from
Consumers to prevent fraudulent or illicit activity, including
but not limited to as a result of security issues, improper
behavior reported by other Users, or associating multiple
Accounts to a single withdrawal provider. EVENT VISIONARY may,
but has no obligation to, place a hold on any Curator Payment,
process applicable refunds to Consumers, either directly or
through its applicable payment processors and pursuant to the
EVENT VISIONARY Privacy Policy or any applicable Supplemental
Terms.
Tax Reporting. Users of EVENT VISIONARY Community
may be liable for any taxes or similar charges (including VAT,
if applicable in the country where Freelancer Services are
performed) as may be required to be collected and/or paid on the
Freelancer Services or other Consumer fees as provided under the
Agreement. The applicable laws, rules, or regulations of certain
jurisdictions may require that we collect or report tax and/or
revenue information about you. By using the Services, you agree
that EVENT VISIONARY may issue receipts or similar documentation
on your behalf in order to facilitate accurate tax reporting
where applicable.
Event Visionary Event Pro Marketplace
Addendum
Last Modified: July 2, 2025
The Event Visionary Event Pro Marketplace is a feature within our platform that enables event organizers
(“Buyers”) to book and pay event professionals (“Event Pros”)
for services related to their events. This Marketplace
integrates with Trustap, a third-party
platform that facilitates an escrow-style payment process.
The Event Pro Marketplace Services are
provided by Trustap.com (“Trustap”) and include Trustap Buyer
Protection. By accessing or using Event Visionary's Event
Pro Marketplace on our platform, you acknowledge and agree that:
You are entering into a direct relationship with Trustap for the
use of Event Visionary's Event Pro Marketplace. Your use of
Event Visionary's Event Pro Marketplace is governed by
Trustap’s Terms of Service, Privacy Policy, and any other
applicable policies. You accept and agree to comply with
Trustap’s Terms of Service, available at
https://www.trustap.com/terms/ Any updates or modifications made
by Trustap to its Terms of Service shall automatically apply to
your use of the Event Pro Marketplace without further notice
from us.
All payments made through the Marketplace are
processed by Stripe, our designated
payment provider across the Event Visionary platform. However,
for Marketplace transactions, funds are held securely in the Trustap Vault until both the Buyer and Event Pro confirm that the
agreed-upon terms have been fulfilled. Only after this
confirmation will the payment be released to the Event Pro.
Disputes
& Complaints
Disputes are handled by Trustap in accordance with their terms and dispute resolution
processes. Buyers may only raise complaints based on objective,
verifiable issues. Acceptable complaint reasons include but are
not limited to:
The Event Pro did not attend the scheduled
event.
The Event Pro arrived substantially late (e.g., more
than 30 minutes) without prior notice or valid reason.
The
Event Pro failed to deliver the agreed-upon duration of service
(e.g., performed 30 minutes instead of the contracted 60
minutes).
The service delivered materially differed from
the written agreement (e.g., wrong type of performance or
appearance than what was booked).
Subjective reasons such as dissatisfaction with the performance’s quality,
personality conflicts, or differing expectations not clearly
outlined in the written agreement will not be considered valid grounds for complaint.
By using the
Event Pro Marketplace, both Buyers and Event Pros agree to be
bound by Trustap’s Terms of Service in
addition to those of Event Visionary. Trustap is solely
responsible for holding funds, facilitating disputes, and
issuing payment releases.
EVENT VISIONARY
INC.
800 N KING ST, SUITE 304 #3272
WILMINGTON, DE
19801
UNITED STATES
