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Organizer terms

Last Updated: June 26, 2023

En este artículo

  • Eventbrite Organizer Terms and Conditions
  • 1. Marketing Services.
  • 2. Accounts.
  • 3. Consumer Data. 
  • 4. Marketing Data.
  • 5. Messaging Service. 
  • 6. Social Ad Service.
  • 7. Third Party Platforms and Content.
  • 8. Eventbrite Ads.
  • 9. Packages and Payments.
  • 10. Promotions and Promotional Emails.
  • 11. Warranty Disclaimers.
  • 12. Termination.
  • 13. Indemnification.
  • 14. Limitation of Liability.
  • 15. Non-Exclusive Remedies
  • 16. General Terms.

Eventbrite Organizer Terms and Conditions

These Eventbrite Organizer Terms and Conditions (the “Organizer Terms”) set forth the terms and conditions governing use of our Marketing Services and Packages (each as defined below). These Organizer Terms are incorporated into the Eventbrite Terms of Service (the “Terms of Service”) by reference. Nothing in these Organizer Terms will be deemed to modify, waive, amend or rescind any other term set forth in the Terms of Service. These Organizer Terms supplement (and do not supersede or replace) the Terms of Service, Eventbrite Merchant Agreement (the “Merchant Agreement”), Eventbrite Privacy Policy (the “Privacy Policy”), or any other applicable Eventbrite policy. Further, these Organizer Terms are governed by the dispute resolution terms of the Terms of Service, including the arbitration provision set forth in Section 9 therein. We recommend that you read the arbitration provision set forth in the Terms of Service, as it may affect your rights. 

You agree that by accessing, using, or purchasing any Marketing Services or Packages, you accept and are bound by the Terms of Service, Merchant Agreement, Privacy Policy, and these Organizer Terms. Eventbrite may modify these Organizer Terms at its discretion, pursuant to the Terms of Service.

Users of our Marketing Services and/or Packages may be collectively referred to in these Organizer Terms as “you” or “your.” When these Organizer Terms mention "Eventbrite," "we," "us," or "our," it refers to Eventbrite, Inc. and its Affiliates (defined in the Terms of Service) and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.

Any capitalized terms not otherwise defined herein will have the meaning ascribed to them when initially defined in the Terms of Service, Merchant Agreement, or Privacy Policy. In the event of any conflict between any statement on the Eventbrite Site and these Organizer Terms, these Organizer Terms will govern to the extent of the conflict.

1. Marketing Services.

Our Marketing Services include a premium set of marketing tools for Eventbrite users and the services that enable Organizers to easily reach and sell to their audiences through Eventbrite, through messaging tools, and across social media platforms (individually and collectively, the “Marketing Services”). For clarity, the Marketing Services are included within the definition of “Services” in the Terms of Service, as well as within the definitions of “Organizer Services” and “Marketing and Operational Services” in the Merchant Agreement. When “Organizer Services” is used in these Organizer Terms, it includes Ticketing Services, Marketing Services, and Marketing and Operational Services. 

2. Accounts.

You will create an Eventbrite account in order to access the Marketing Services. To access certain features of the Marketing Services such as the Social Ad Service (defined below), you may also be required to create an account with Facebook, LinkedIn, or another relevant third party platform (each, a “Third Party Account”) and connect your Third Party Accounts with your Eventbrite account. If you connect your Third Party Accounts with your Eventbrite account, or if you create an Eventbrite account using a Third Party Account, we will extract from your Third Party Accounts certain personal information such as your name, location information, and other general information that your privacy settings on the applicable Third Party Accounts permit us to access. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

3. Consumer Data. 

3.1. Definition. As used in these Organizer Terms, “Consumer Data” means the data about Consumers (including any Consumer’s personally identifiable information) that you input or submit to the Marketing Services directly or by providing us with access to your Third Party Accounts.

3.2. Access to Consumer Data. In order to use any user targeting features of the Marketing Services, including the Messaging Service or Social Ad Service (as defined below), subject to compliance with applicable law and terms and conditions governing use of your products and services, you will need to provide us with access to your Consumer Data either directly by delivering the Consumer Data to us or by giving us access to such data through your Third Party Accounts. In order for us to retrieve your Consumer Data from your Third Party Accounts, you will provide us with the requisite security permissions, software interfaces to your business applications on such Third Party Accounts, and any other information requested by us. We are not responsible or liable for any Third Party Accounts or any products or services (including Consumer Data) accessed from such Third Party Accounts on your behalf.

3.3. Consents. Only you determine what Consumer Data (including any personally identifiable information) is received and stored by us via your use of the Marketing Services. You will comply with all laws applicable to your information collection, use and sharing practices, including relating to your use of the Marketing Services, and you agree to obtain any consents from Consumers as may be required by applicable law.

3.4. Interactions with Consumers. Through use of our Marketing Services, Consumers may be able to access and interact with you. You will be able to engage with Consumers privately through the use of the Marketing Services, as well as through external media such as email, social media, mobile devices, and any other methods if Consumers have interacted on your page or have subscribed or followed you via Third Party Accounts or through interacting with Your Content. We are not responsible for and accept no liability in relation to private communication and sharing of information between you and any Consumer, including via media external to the Site and Marketing Services.

4. Marketing Data.

4.1. Definition. “Marketing Data” means the statistical, analytical or other data developed or created by or for Eventbrite, based upon the Consumer Data and other internal and external data collected by us. Marketing Data will not include any personally identifiable information of any Consumer. For example, Marketing Data includes aggregated organization of Consumer Data that is representative of a certain population, demographic representation of your and other Organizer’s Consumers, and reports summarizing usage behavior of different Consumer groups.

4.2. Ownership. We exclusively own all rights, title and interest in and to the Marketing Data (including all intellectual property rights) and will use the Marketing Data in any manner we see fit. You will have no rights in or to, nor access or use of, the Marketing Data, other than as required for your use of the Marketing Services as provided herein.

5. Messaging Service. 

5.1. Email and Direct Messaging. Through the use of the Marketing Services, you may be able to send marketing material and other messages (“Messaging Campaign”) via email, direct messaging services provided by a Social Network (defined below) such as Facebook and Instagram by using the messaging platform features of the Marketing Services, or other potential methods such as SMS (collectively referred to as the “Messaging Service”).

5.2. Creating a Messaging Campaign.

  • To generate a Messaging Campaign, you will need to enter relevant information (e.g., a product, offer, target audience identifiers) and make other selections within the Messaging Service.

  • Once your Messaging Campaign is delivered or scheduled via the Messaging Service, you may not have the ability to change or modify it. 

  • We cannot guarantee that your Messaging Campaign will be delivered to your target audience.

5.3. Messaging Service Rules. By accessing or using the Messaging Service, you agree that:

  • you have the right and authority to send messages to the email addresses, telephone numbers, and other contact methods on your recipient list, and such addresses and information were gathered in accordance with applicable law, including email, text, and/or other marketing regulations in the recipient's country of residence;

  • your emails, texts, and other messages do not violate any privacy policy under which the recipient addresses or other information were gathered;

  • you will comply with all applicable local, state, provincial, national, and other laws, rules and regulations, including those relating to unsolicited messages and spam (via email, text or otherwise) such as the U.S. CAN-SPAM Act, the Telephone Consumer Protection Act, the Canadian CASL, and the EU GDPR and e-privacy directive;

  • you will only use the Messaging Service to advertise, promote, and/or manage Your Eventbrite Events;

  • your use of the Messaging Service and the content of your emails, texts, and other messages comply with these Organizer Terms;

  • you will not use false or misleading headers or deceptive subject lines in emails sent using the Messaging Service;

  • 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

  • you will provide an accessible and unconditional unsubscribe link in every email and other message 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.

5.4. Consumer Data for your Messaging Campaigns. Your Messaging Campaigns will only be targeted and sent to those Consumers who have agreed and consented to receive messages and Messaging Campaigns from you and you will not identify or attempt to contact any audience for such Messaging Campaigns from which you have not received such agreement and consent. You will only use personal information of Consumers in compliance with applicable laws, and you will only interact with those Consumers who have agreed and consented to such interaction with you.

5.5. Bounce and Complaint Rates; Unsubscribe Requests. In addition to other remedies we have, we may limit, suspend, or terminate your access to the Messaging Service if your use of the Messaging Service results in bounce rates, complaint rates, or unsubscribe requests in excess of industry standards, or if your emails, texts, or other messages cause disruption to the Services.

6. Social Ad Service.

6.1. General. You can use the social advertising platform features of the Marketing Services (“Social Ad Service”) to generate advertisements containing Your Content (each a “Social Ad”), identify the target audience for your Social Ad and potentially have the Social Ad served, on your behalf, on certain third party social networking services such as Facebook, Twitter, LinkedIn, etc. (each, a ”Social Network”). For clarity, the Social Ad Service does not include the ability to advertise on any Eventbrite platform or Site, which is a separate service set forth below in the section titled “Eventbrite Ads.”

6.2. Creating a Social Ad.

  • To generate a Social Ad, you will need to enter relevant information (e.g., a product or event description, target audience identifiers) and make other selections within the Social Ad Service.

  • Once your Social Ad is submitted via the Social Ad Service, you will be able to change a limited amount of information via the Social Ad Service functionality. You will always have the ability to pause or delete a Social Ad that you have created via the Social Ad Service.

  • Submission of a Social Ad via the Marketing Services is not a guarantee that your Social Ad will be made available on a Social Network. We do not warrant or guarantee that any Social Ads will be accepted, will be made available, or will remain available on a Social Network. We do not review or police your Social Ads, nor do we make editorial or managerial decisions related to Your Content or Social Ads. In the event that your Social Ad is rejected by a Social Network, you may resubmit your Ad Campaign using the automated submission process via the Social Ad Service as many times as you wish at no additional charge.

7. Third Party Platforms and Content.

7.1. Third Party Terms. You will ensure that each Social Ad and Messaging Campaign complies with these Organizer Terms, third-party platform guidelines and terms, and all applicable laws and regulations. If we determine that a particular Social Ad or Messaging Campaign is inappropriate or in violation of the third-party platform guidelines or terms, then upon our request, you will block or withdraw such Social Ad or Messaging Campaign. We may refuse to serve any Social Ad or Messaging Campaign at any time and for any reason. You are solely responsible for complying with the terms, guidelines, and policies of third-party platforms (e.g., Facebook and LinkedIn) in connection with the use of our Marketing Services.

7.2. Social Network Errors. We are not responsible for any of your Social Ads or Messaging Campaigns, or for any issues that may arise in connection with your use of or interaction with a Social Network. We have no obligation to provide any technical or other support related to issues you may experience with a Social Network.

7.3. Third Party Platform Pages. If you use any Facebook merchant services (including the Buy Button feature) or other third party services in connection with the Marketing Services or the sale of tickets for Your Eventbrite Events, you will not post or authorize to be posted Your Eventbrite Events to any Facebook page or other third party service page that you do not manage. 

7.4. Third Party Content. In using the Marketing Services, you may elect to use certain content provided by third parties (including, for instance, text generated by Chat GPT-3, in which case you will be subject to Open AI’s Terms of Use) (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and will have no responsibility for Third Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You are responsible for reviewing and editing any Third Party Content prior to publishing, and for complying with any separate terms and conditions that apply to the Third Party Content and all policies of the platforms where the Third Party Content will be published. 

8. Eventbrite Ads.

8.1. Definitions.

  • “Eventbrite Ads Service” means our incorporation, display, and publication of Featured Content in Content Channels (defined below) (“Placement”), in the manner specified by you when purchasing the Eventbrite Ads Service through the Eventbrite Ads tool available on the Eventbrite Site (“Eventbrite Ads Tool”), or as otherwise mutually agreed upon by us and you in writing. For clarity, the Eventbrite Ads Service is included in the definition of Marketing Services.

  • “Content Channels” mean the websites, mobile applications, blogs, emails, newsletters, social media posts, and other content channels and/or advertising opportunities operated and/or utilized by us, including our search results pages and the display pages of events listed on the Services.

  • “Featured Content” means the artwork, text, graphics and media files featuring you or your Offering(s) (as defined below) for publication in Content Channels, including images, messaging (including calls to action), and core campaign colors. Featured Content includes any event listing or excerpts used for publication in Content Channels via the Eventbrite Ads Service.

8.2. Fulfillment Partners. We may partner with any third-party vendor, fulfillment partner, Organizer, venue owner, asset owner, marketing agency, or media broker (each, a “Fulfillment Partner”) to offer the Eventbrite Ads Tool and the Eventbrite Ads Service.

8.3. Beta Service. The Eventbrite Ads Service is provided as part of an early-release, early-access program by which we agree to make available certain beta and other pre-release software, services, equipment, and related documentation, materials, and information to you from time to time on a voluntary basis for the purpose of providing us with feedback on the quality and usability of the Eventbrite Ads Service. The Eventbrite Ads Service may not meet the same level of performance as that of a commercially available product offering, and may not operate correctly and are subject to substantial modification, including deprecation, during and after your use. The Eventbrite Ads Service may not be available in all markets, and we may revoke your access to the Eventbrite Ads Service at any time.

8.4. Ad Content Guidelines. When accessing or using the Eventbrite Ads Service, you must comply with the Eventbrite Ads Guidelines (“Ad Content Guidelines”), which are incorporated herein by reference. We or any Fulfillment Partner may terminate any Insertion Order or campaign if we or our Fulfillment Partner believes that it violates our Ad Content Guidelines.  If you violate any of the Ad Content Guidelines, in addition to other available remedies, we reserve the right to terminate, limit or suspend your access to the Eventbrite Ads Tool and the Eventbrite Ads Service.

8.5. Insertion Orders. In order to use the Eventbrite Ads Tool, you must provide us with a completed campaign selection flow as provided within the Eventbrite Ads Tool (the “Insertion Order”), as well as a valid credit card upon our request.  In the event of a conflict between an Insertion Order and these Organizer Terms, the Insertion Order will govern to the extent of the conflict. We do not guarantee timely acceptance of an Insertion Order. We may decline any Insertion Order for any reason.

8.6. Fees and Payment for Eventbrite Ads Service. Eventbrite Fees for the Eventbrite Ads Service will be calculated based solely on our measurements of performance metrics (e.g., impressions, clicks, conversions, leads, etc.) on the Eventbrite Ads Service, which are dynamically priced and administered by us based on factors such as your event category, location, timing, and the most relevant audience. We may make certain performance metrics available for review within the Eventbrite Ads Tool. We intend, but do not guarantee, to fulfill your maximum budget as specified in the Insertion Order. The Eventbrite Fees for each Insertion Order will be billed regularly in arrears based on allocation of the campaign budget and charged to your credit card. If we are unable to charge your credit card in the amount of Eventbrite Fees owed for the Eventbrite Ads Service, you agree to pay such Eventbrite Fees immediately.

8.7. Featured Content.

Delivery. You will deliver to us any materials and other deliverables required by us to publish the Featured Content and to fulfill any Offerings. For Placements of Featured Content on the Site, we will endeavor to preview the Placement to you. Featured Content must comply with our Ad Content Guidelines and all applicable laws, rules, regulations, and industry codes, and you are solely responsible for ensuring that Featured Content is in compliance. In the event that you fail to provide such materials or approve any Featured Content as required under this “Featured Content” section, we may modify the date of the Featured Content’s Placement or terminate the Eventbrite Ads Service for such Featured Content, and we will not be liable to you or any third party for any delay or failure in the performance of the Eventbrite Ads Service.

Approval Rights. We reserve the right to reject any content you submit for Featured Content, and we and our Fulfillment Partners have final approval rights over all Featured Content. The Featured Content will be distinguished in the Content Channels as paid, sponsored, advertised or promoted content, and we retain full discretion over the content surrounding the Featured Content.

Placement. We retain full discretion over the specifications for each Placement. Absent a written agreement otherwise, Featured Content may be displayed in proximate distance to substantially similar or competing content advertised by any third party(ies), and we do not guarantee your exclusivity as an advertiser in any category. The Eventbrite Ads Service is provided on a nonexclusive basis, and nothing in these Organizer Terms or any Insertion Order will limit our or any Fulfillment Partner’s right to sell or offer available Content Channel inventory itself, or provide other third parties the right to sell or offer available Content Channel inventory.

Representations. You represent, warrant and agree that:

  • you own, or have obtained, all rights, title, and licenses (including any third party permissions and consents) necessary to provide the Featured Content to us, and to enable us to perform the Eventbrite Ads Service without the requirement of paying any additional fees, royalties, or compensation to any third party;

  • your Featured Content, and your use of the Eventbrite Ads Service, does and will comply with all applicable laws, regulations, industry codes, and rules, including all advertising laws, disclosure requirements, and disclaimer requirements;

  • your Featured Content, and your use of the Eventbrite Ads Service, does not violate the rights of any individual or entity;

  • your Featured Content does and will comply with these Organizer Terms and our Ad Content Guidelines; 

  • you, in good faith, intend for the event advertised within the Featured Content to take place as stated in such Featured Content, and you will notify us immediately if you know, or have reason to believe, that the foregoing representation and warranty may no longer be accurate; and

  • you are solely responsible for the offerings, brands, goods, events or services (individually and collectively, “Offerings”) that you are advertising using our Eventbrite Ads Service.

8.8. Ownership. As between you and us:

You own and retain all right, title and interest in and to the content you provide to us for the Featured Content (“Advertiser Featured Content”), and all intellectual property rights therein; and

We own and retain all right, title and interest in and to

  • any content we provide to the Featured Content excluding any of your intellectual property rights in and to the Advertiser Featured Content; and

  • the Content Channels, and all intellectual property rights therein.

8.9. License to Featured Content. You hereby grant to us a royalty-free, worldwide, non-exclusive license to use, perform, distribute, display, transmit, modify, and reproduce the Featured Content as reasonably required to enable us to perform the Eventbrite Ads Service.

9. Packages and Payments.

9.1. Packages. We may offer certain Organizer Services through various packages and plans, including through Subscriptions and Flex Plans, each as defined below (collectively, “Packages”). We may modify, replace, or discontinue any Packages, in whole or in part, at any time. We will notify you of any such changes to the extent required by law. If you or Your Eventbrite Events exceed the restrictions or limitations set forth in your Package, we may require you to upgrade your Package and/or pay additional Eventbrite Fees. 

9.2. Subscriptions.

  • You may be required to purchase an annual or monthly subscription (“Subscription,” sometimes referred to as a “Pro Plan”) in order to access certain features of the Organizer Services (the “Subscription Services”). If you elect to purchase an annual or monthly Subscription, you will be charged an annual or monthly Subscription fee (“Subscription Fee”) at the beginning of your Subscription and each year or month thereafter, respectively, in advance of the applicable billing period and at the then-current rate. Subscription Fees are available on our Site.

  • If you elect to purchase an annual Subscription, we (or our third party payment processor) will automatically charge you on the anniversary of the commencement of your Subscription using the Payment Information (as defined below) you have provided. If you elect to purchase a monthly Subscription, we (or our third party payment processor) will automatically charge you each month, on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a different day in the applicable month or such other day as we deem appropriate. For example, if you started your Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We reserve the right to elect to deduct Subscription Fees from your Event Proceeds. In such instances, you will still be required to pay any additional charges that we bill to you in connection with your Subscription(s).

  • Your Subscription has recurring payment features and you are responsible for all recurring payment obligations prior to cancellation of your Subscription by you or us. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until canceled by you or we terminate your access to or use of the Organizer Services or the Subscription in accordance with these Organizer Terms or the Terms of Service.

  • We may offer a paid Subscription or other Organizer Services on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously accessed the Subscription or other Organizer Services for which the Free Trial is being offered. When you agree to a Free Trial for a Subscription, you are also agreeing to sign up for a paid Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the Subscription Fee (plus any applicable taxes and other charges) until you cancel your Subscription. Instructions for canceling your Subscription are below in the “Canceling Subscriptions” section. We reserve the right to modify or terminate Free Trials at any time, without notice and in our sole discretion.

9.3. Canceling Subscriptions. You may cancel your Subscription at any time. Please note, however, that all sales are final. You will not receive a refund of any portion of the Subscription Fee paid for the then current Subscription period at the time of cancelation unless otherwise required by law. To cancel, you can either (i) initiate a cancellation through your Eventbrite account settings, or (ii) contact our support team through our Help Center and follow instructions, if any, we provide to you in response to your cancellation request. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. To avoid being charged for a Subscription renewal, you must cancel your Subscription at least one day prior to the Subscription renewal date. If you cancel, we will allow you to access the Subscription Services until the end of the latest Subscription period for which you have fully paid, and then will terminate your access to the Subscription Services. Canceling your Subscription won’t cancel your Eventbrite account. See the Terms of Service for information on deleting your Eventbrite account.

9.4. Flex Plans.

  • We may offer certain Organizer Services without a Subscription on a usage basis and/or per-event basis (“Flex Plans”). Pricing for Flex Plans is available on our Site and subject to change, and will vary depending on the specific Flex Plan you choose.

  • We may allow Eventbrite Fees for Flex Plans to be paid from your Event Proceeds, in which case they will be deducted along with other Eventbrite Fees prior to paying out your Event Proceeds. In such instances, if your Event Proceeds are insufficient to cover all of the Eventbrite Fees for Flex Plans, the remaining balance will become immediately due and payable, and the charge will remain on your Eventbrite account until paid.

  • We may also charge at the time of your purchase of the Flex Plans, or we may invoice you after your purchase. 

9.5. Payment Information. When you purchase Organizer Services (a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your billing address (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You are solely responsible for providing complete and accurate Payment Information and keeping it up-to-date at all times.

9.6. Invoices. All invoices issued to you in connection with the Organizer Services, including for any Flex Plans or Subscriptions, are due and payable upon delivery of the invoice unless otherwise indicated on the invoice. Our failure to timely issue an invoice will not relieve you of any payment obligations.

9.7. Refunds.

  • Except to the extent otherwise required by law, Eventbrite Fees for our Organizer Services, Flex Plans, and Subscriptions are non-refundable, regardless of the cancellation, postponement, or performance of Your Eventbrite Events, and regardless of whether we remove or reject any of your Messaging Campaigns, Social Ads, Featured Content, Promotions, Your Eventbrite Events, or otherwise limit, suspend, or terminate your access to the Organizer Services in accordance with these Organizer Terms, the Merchant Agreement, or the Terms of Service. You will not be refunded in connection with a downgrade or other change to your Package unless otherwise required by law. 

  • Citizens of the European Union and United Kingdom may be entitled to a refund for certain Subscription Services or Flex Plans during the 14 days after initially receiving access to such Subscription Services or Flex Plans. This 14-day period includes any Free Trial period. For example, if you signed up for a Free Trial of 14 days or more, no refund would be available under this Section because the 14-day period begins on the first day of your Free Trial.

  • If we determine that you are eligible for a refund for certain Subscription Services or Flex Plans, we may require you to unpublish Your Eventbrite Events for which you used our Organizer Services and refund those Consumers before you receive a refund from us. Any refunds from us may be reduced pro-rata to reflect your use of the Organizer Services prior to the refund. 

9.8. Failure to Pay. We may limit, suspend, or terminate your access to the Organizer Services in the event that you fail to pay when due any Eventbrite Fees, including instances in which your credit card is declined or you fail to provide accurate and updated Payment Information. This right is in addition to all of our other rights and remedies under these Organizer Terms, the Terms of Service, the Merchant Agreement (including our right to deduct or set off payouts in connection with Your Eventbrite Events), and other applicable Eventbrite policies and agreements. 

10. Promotions and Promotional Emails.

10.1. Official Rules. If you are organizing a sweepstakes, contest, skill or chance based game, marketing campaign, promotional offering, or other promotion (a “Promotion”) via the Marketing Services, you are solely responsible for running the Promotion, and for any and all liabilities that arise from such Promotion. You will do the following in connection with your Promotions:

  • provide the contestants and participants with the official rules of the Promotion (“Official Rules”) and adhere to such Official Rules in conducting the Promotion; and

  • comply with all applicable rules, regulations and laws relating to such Promotions (including those that apply to the CAN SPAM Act and rules and regulations governing sweepstakes, contests and other skill and chance based games).

10.2. Disclaimer for Suggested Official Rules. Any suggested official rules you may receive from us are provided “as is,” for illustrative purposes only. ACCORDINGLY, IF YOU ORGANIZE A PROMOTION USING ANY SUGGESTED OFFICIAL RULES YOU RECEIVE FROM US, YOU DO SO AT YOUR OWN RISK, AND WE ARE NOT RESPONSIBLE FOR ANY LIABILITY THAT ARISES FROM SUCH PROMOTION OR YOUR USE OF THE SUGGESTED OFFICIAL RULES. Ensuring that a Promotion and its Official Rules comply with all applicable rules, regulations and laws is your responsibility and we recommend that you have an attorney review any Official Rules before starting any Promotion.

11. Warranty Disclaimers.

11.1. THE ORGANIZER SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE ORGANIZER SERVICES OR THE RESULTS OF THE ORGANIZER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE USEFULNESS OR THE CAPABILITY OF THE ORGANIZER SERVICES TO MARKET AND PROMOTE YOU OR ANY OTHER PERSON OR YOUR EVENTBRITE EVENTS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. WE HAVE NO RESPONSIBILITY TO YOU FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTIES THAT WE REQUIRE TO PROVIDE THE ORGANIZER SERVICES OR THAT YOU CHOOSE TO CONTRACT WITH WHEN USING THE ORGANIZER SERVICES. 

11.2. UNLESS OTHERWISE EXPRESSLY STATED IN THE EVENTBRITE ADS TOOL, THE EVENTBRITE ADS SERVICE DOES NOT INCLUDE ANY GUARANTEED NUMBER OF AD IMPRESSIONS, CLICKS, SALES, LEADS GENERATED, OR LEADS CLOSED. WE DO NOT GUARANTEE THAT THE NUMBER OF AD IMPRESSIONS, CLICKS OR CONVERSIONS WILL EQUAL OR APPROXIMATE THE NUMBER OF INDIVIDUALS WHO PURCHASE TICKETS OR ATTEND THE EVENT.

11.3. Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.

12. Termination.

12.1. Effect of Termination. The terms regarding duration and termination that pertain to these Organizer Terms are set forth in Section 4 of the Terms of Service. For the purposes of this Section 12, references to the defined word “Terms” in Section 4 of the Terms of Service shall mean these Organizer Terms. Upon the expiration or termination of these Organizer Terms:

  • all amounts you owe to us that have not yet been paid will become immediately due and payable; and

  • our obligation to perform the Marketing Services will immediately expire. If you terminate (or attempt to terminate) these Organizer Terms, you will still owe us all Eventbrite Fees associated with the terminated Services, and all such fees will become immediately due and payable, even if the terminated Services associated with such fees have not yet been performed.

12.2. Termination Rights: We may terminate any Marketing Services, including any Messaging Campaign, Social Ad, Insertion Order, Promotion, or Package, or portion thereof, if we believe that it violates these Organizer Terms, our Terms of Service, our Community Guidelines, or any other applicable terms and conditions or policies, or for any other reason, with or without notice to you. If you violate any of these Organizer Terms, or any other applicable terms or policies, we reserve the right to terminate, limit or suspend your access to the Organizer Services.

13. Indemnification.

In addition to any other indemnification obligations you may have (including those in the Terms of Service), you agree to defend, indemnify, and hold harmless the Eventbrite Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including reasonable attorneys' and accounting fees) resulting from any Claim relating to or arising out of:

  • your breach of these Organizer Terms or unauthorized use of the Organizer Services;

  • your unlawful use of the Organizer Services, including but not limited to your failure to comply with laws relating to unsolicited messages and spam, via email, text or otherwise; 

  • your Featured Content or the display of your Featured Content in the Content Channels;

  • the Offerings which are the subject of Featured Content (including any warranty, liability, misrepresentation or false advertising);

  • an Offering being materially not as described, personal injury, property damage, or other damages or losses which are based upon or arise out of your Offerings;

  • your Promotion(s);

  • your use of any Third Party Content; and/or

  • your or our access or use of any Consumer Data from any of your Third Party Accounts.

14. Limitation of Liability.

EVENTBRITE’S TOTAL LIABILITY UNDER THESE ORGANIZER TERMS FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO EVENTBRITE BY YOU FOR THE MARKETING SERVICES, LESS ANY AMOUNTS PAID TO ANY FULFILLMENT PARTNER, IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THE LIABILITY. IN NO EVENT WILL EVENTBRITE, OR ANY  FULFILLMENT PARTNER, BE LIABLE UNDER THESE ORGANIZER TERMS FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) RELATED TO THESE ORGANIZER TERMS OR THE USE OR QUALITY OF THE MARKETING SERVICES, OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT EVENTBRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE ORGANIZER TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

15. Non-Exclusive Remedies.

15.1. Interest on Overdue Amounts. Overdue amounts that you or your Affiliates owe under these Organizer Terms will bear interest calculated from the due date until paid in full, at a rate equal to the lesser of:

  • one percent (1%) per month, compounded monthly; or

  • the maximum amount permitted by applicable law.

15.2. Setoffs and Invoices. If you or any of your Affiliates owe us any amounts under these Organizer Terms, we may, to the extent allowed by applicable law:

  • withhold and/or set-off any amounts that we would otherwise pay to you or any of your Affiliates (as described in Section 6.2 of the Merchant Agreement); and/or

  • send an invoice to you or any of your Affiliates for overdue amounts, which will be payable upon delivery unless otherwise indicated on the invoice.

15.3. Non-Exclusive. Our rights and remedies in these Organizer Terms are non-exclusive (that is, our remedies are cumulative and any can be exercised by us in addition to, and do not prevent us from exercising, any other rights or remedies available to us now or in the future under law, these Organizer Terms, any Affiliated Agreements, other agreements, or otherwise). Our failure or delay in enforcing or exercising any right, remedy or provision of these Organizer Terms will not be considered a waiver of those rights.

15.4. Collections; Costs of Recovery. We have the right to pursue collection of any late and unpaid amounts due to us if such amounts are not paid within thirty (30) days after the date of the invoice. We have the right to send you collection notices; sending such a notice will not be a requirement for taking legal or other action to collect overdue sums. In addition, you must promptly reimburse us upon demand for all out-of-pocket costs (including reasonable attorneys' fees and costs) incurred by us in collecting overdue amounts or any other amounts that you or any of your Affiliates owe under these Organizer Terms or any Affiliated Agreement. You and your Affiliates agree that if we must seek recovery of past due amounts and associated fees and costs, we have the right to pursue unpaid amounts through judicial proceedings, and such actions will not be arbitrated regardless of any arbitration provisions in the Terms of Service.

16. General Terms.

16.1. Authority. You represent and warrant to us, on behalf of yourself and the entity you represent (if applicable), that: (i) the entity you represent is properly organized and in good standing under applicable laws; (ii) you have all the power and authority necessary to enter into these Organizer Terms and to fulfill your obligations; (iii) entering into and performing under these Organizer Terms will not cause you to breach any laws, rules, court orders, or other agreements that you must follow; and (iv) you have the full authority and legal power to bind the entity you represent to these Organizer Terms.

16.2. Entire Agreement. Except as otherwise set forth herein, these Organizer Terms, along with the Merchant Agreement, Terms of Service and Privacy Policy, constitute the entire and exclusive understanding and agreement between us and you regarding the Marketing Services and supersede and replace any and all prior oral or written proposals, discussions, communications, understandings or agreements between us and you regarding the subject matter of these Organizer Terms, other than any written agreement for Marketing Services between you and an authorized officer of Eventbrite.

16.3. Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.4. No Assignment or Transfer. You may not use, export, import, or transfer the Marketing Services, including the purchase of any products or service on the Marketing Services, except as authorized by U.S. law, the laws of the jurisdiction in which you used the Marketing Services or purchased any products or services on the Marketing Services, and any other applicable laws. You may not assign or transfer these Organizer Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Organizer Terms, without such consent, will be null and void. Subject to the foregoing, these Organizer Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

16.5. No Relationship Created. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Organizer Terms.

16.6. Interpretation. Section titles and subtitles in these Organizer Terms are for convenience only and have no legal or contractual effect and do not amount to legal advice. When we say Eventbrite “may” or has the right, is permitted, authorized, or allowed to do something in these Organizer 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 Organizer Terms may be made by us in our sole discretion. As used in these Organizer Terms, “including” means “including, but not limited to.” When these Organizer 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.

16.7. Translation. We may translate these Organizer Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will contApplicable Law and Jurisdiction. For clarity, the Applicable Law and Jurisdiction terms set forth in Section 21 of the Terms of Service apply to these Organizer Terms.

16.8. Applicable Law and Jurisdiction. For clarity, the Applicable Law and Jurisdiction terms set forth in Section 21 of the Terms of Service apply to these Organizer Terms.

16.9. Additional Miscellaneous Provisions. For clarity, the Additional Miscellaneous Provisions set forth in Section 24 of the Terms of Service apply to these Organizer Terms.

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