Amendment to Terms of Service that Apply to Federal Agencies Using Eventbrite Services

• 1. About the Amendment; Government entity; Public purpose.
• 2. Advertisements.
• 3. Indemnification, Liability, Statute of Limitations; Governing law.
• 4. Access and use.
• 5. Provision on crawlers; Ownership of names.
• 6. Modifications of Agency Content; Uploading, deleting.
• 7. No endorsement; No business relationship created.
• 8. Free Services; Paid Services and Agency Obligation.
• 9. Federal Records and Agency Obligation; Security.
• 10. Intellectual property ownership.
• 11. Precedence; Further Amendments.
• 12. Developments in Federal Law and Policy.

1. About the Amendment; Government entity; Public purpose.

1.1. About the Amendment.

This amendment (the "Amendment") to the Eventbrite, Inc. ("Eventbrite") terms and conditions located at http://www.eventbrite.com/tos/ (the "TOS") applies only to employees of the U.S. government who are using Eventbrite’s websites and domains (including all webpages, subdomains and subparts therein contained) and/or services and software provided by Eventbrite (the "Services") in their official capacity on behalf of a U.S. government agency ("Agency"). This Amendment recognizes that Agency, as a U.S. government entity, is required when entering into agreements with other parties to follow applicable federal laws and regulations, including those related to ethics; privacy and security; accessibility; federal records; limitations on indemnification; fiscal law constraints; advertising and endorsements; freedom of information; and governing law and dispute resolution forum. Eventbrite and Agency (together, the "Parties") agree to modify the TOS as set forth in this Amendment to accommodate Agency's legal status, its public (in contrast to private) mission, and other special circumstances as set forth below. Agency agrees that by entering into this Amendment and/or using the Services, Agency is bound by the TOS, the terms and conditions of which are hereby incorporated into this Amendment by reference. The TOS shall be modified by this Amendment only to the extent expressly set forth below. Any capitalized terms set forth herein but not defined shall have the meanings given to them in the TOS.

Federal Agencies using Eventbrite Services are subject to the TOS with the following amendments:

1.2 Government entity.

"You" or "Organizer" within the TOS and this Amendment shall mean the Agency itself and shall not apply to, nor bind (i) the individual(s) who utilize Eventbrite Services on Agency's behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency. Eventbrite will look solely to Agency to enforce any violation or breach of the TOS or this Amendment by such individuals, subject to federal law.

1.3 Public purpose.

Agency shall use Eventbrite Services solely in furtherance of Agency’s public purpose.

2. Advertisements.

Eventbrite agrees not to serve or display any commercial advertisements or solicitations on Agency event pages on the Site. This exclusion shall not extend to house ads (including advertisements for other events ticketed through the Site) which Eventbrite may place in a non-intrusive manner. If Agency wants to opt-out of such advertisements, Agency can create a private event page. Please visit our privacy settings page for more information on private events.

3. Indemnification, Liability, Statute of Limitations; Governing law.

3.1 Indemnification, Liability, Statute of Limitations.

Any provisions in the TOS related to indemnification shall apply only to the extent authorized by federal law and subject to the availability of Agency funds. Liability for any breach of the TOS as modified by this Amendment or any claim arising from Agency usage of the Services shall be determined under applicable federal authority. Federal statutes of limitations provisions shall apply to any breach or claim.

3.2 Governing law.

Eventbrite and Agency will attempt to resolve any claims, causes of action or disputes arising out of or in connection with the TOS and this Amendment in an amicable fashion. The Binding Arbitration provision in the TOS shall not apply to disputes between Eventbrite and Agency. The TOS and this Amendment shall be governed by and interpreted and enforced in accordance with the laws of the United States of America without reference to conflict of laws. In the absence of applicable federal law and/or to the extent permitted by federal law, the laws of the State of California (excluding California’s choice of law rules) will apply in the absence of applicable federal law.

4. Access and use.

Eventbrite acknowledges that the Agency's use of the Services may energize significant citizen engagement and otherwise become important to the Agency's mission. Language in the TOS allowing Eventbrite to remove Your Content, to terminate Your right to use the Service, or to close Your account at any time, for any reason, is modified to reflect the Parties' agreement that Eventbrite may unilaterally remove Your Content and any other Content, terminate or suspend Your right to use the Services, and/or terminate Agency's account only for breach of Agency’s obligations under the TOS or Agency's failure to comply with the instructions and guidelines posted on the Site, when Eventbrite reasonably believes that such action(s) are necessary to protect the privacy or security of its users, or if Eventbrite ceases to operate its Services generally. Eventbrite will provide Agency a reasonable opportunity to cure a breach or failure on Agency’s part that is capable of such cure.

5. Provision on crawlers; Ownership of names.

5.1 Provision on crawlers.

Any provision in the TOS prohibiting "crawl," "spider" or similar processes is amended to allow the Agency to apply such tools solely to its pages and Content, and solely to fulfill Agency's obligations under the Federal Records Act or other applicable federal law or regulation.

5.2 Ownership of names.

Any provision in the TOS related to Eventbrite's ownership of and right to change Your selected user name(s), user ID(s), domain name(s), channel name(s), and group name(s), are modified to reasonably accommodate Agency's proprietary, practical, and/or operational interest in its own publicly-recognized name and the names of Agency programs.

6. Modifications of Agency Content; Uploading, deleting.

6.1 Modifications of Agency Content.

Any right Eventbrite reserves in the TOS to modify or adapt Agency Content does not include the right to substantively edit or otherwise alter the meaning of the Content without Agency’s prior written approval. In the event Agency discovers that Agency Content has been modified in a manner that alters the meaning of such Content, Agency may contact Eventbrite and the Parties shall work together in good faith to resolve the matter. Notwithstanding the foregoing, nothing in this Amendment shall result in an expansion of Agency's rights as a United States Government entity under the Copyright Act of 1976 (17 U.S.C. §§101 et sec.), specifically including Section 105 of the Act.

6.2 Uploading, deleting.

The Parties understand and agree that Agency is not obligated to place any Content on the Service, and Agency reserves the right to remove any and all Content to which it has all necessary proprietary rights that it does upload to the Service at its sole discretion.

7. No endorsement; No business relationship created.

7.1 No endorsement.

Eventbrite agrees that the Agency name, seals, trademarks, logos, service marks, trade names, and the fact that Agency has a presence on the Eventbrite Services, shall not be used by Eventbrite in such a manner as to state or imply that Eventbrite's Services are endorsed, sponsored or recommended by the Agency or by any other element of the Federal Government, or are considered by the Agency or the Federal Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Agency, or for links to or promotion of such pages, Eventbrite agrees not to display any Agency or government seals, trademarks, logos, service marks, and trade names on the Eventbrite's homepage or elsewhere on the Eventbrite Services unless permission to do has been granted by the Agency or by other relevant federal government authority. Eventbrite may list the Agency's name in a publicly available customer list on its homepage or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party name.

7.2 No business relationship created.

The Parties are independent entities and nothing in the TOS as modified by this Amendment creates a partnership, joint venture, agency, or employer/employee relationship.

8. Free Services; Paid Services and Agency Obligation.

8.1 Free Services.

Nothing in the TOS as modified by this Amendment obligates Agency to expend appropriations or incur financial obligations if Agency is only using Eventbrite’s free services. The Parties acknowledge and agree that none of the obligations arising from the TOS as modified by this Amendment are contingent upon the payment of fees by one party to the other.

8.2 Paid Services and Agency Obligation.

The Parties agree this Amendment applies to Agency’s usage of both free and paid Services that Eventbrite may offer. The Parties understand that fee-based products and services are categorically different than free products and services and may be subject to federal procurement rules and processes. Before an Agency decides to use Eventbrite to ticket paid Events (and thereby incur Service Fees), or use any other fee-based service Eventbrite may offer now or in the future, Agency agrees to determine if it has a need for those additional services for a fee, to consider the value of such fee-based service in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then-applicable TOS and Amendment for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action.

9. Federal Records and Agency Obligation; Security.

9.1 Federal Records and Agency Obligation.

Agency acknowledges that use of Eventbrite Services may require management of Federal records. Agency and user-generated content may meet the definition of Federal records as determined by the Agency. If Eventbrite holds Federal records, the Agency must manage those records in accordance with all applicable records management laws and regulations, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), and regulations of the National Archives and Records Administration (NARA) at 36 CFR Chapter XII Subchapter B. Managing the records includes, but is not limited to, secure storage, retrievability, and proper disposition of all Federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer. The Agency is responsible for ensuring that it is compliant with applicable records management laws and regulations through the life and termination of its use of the Services.

9.2 Security.

Eventbrite will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls are employed to protect the security of systems and data. Eventbrite agrees to discuss implementing additional security controls as deemed necessary by Agency to conform to the Federal Information Security Management Act (FISMA), 44 U.S.C. 3541 et seq.

10. Intellectual property ownership.

Except as expressly allowed in the TOS, no rights to any derivative works, inventions, or Eventbrite product modifications are conferred on Agency or any other party. All such rights belong solely to Eventbrite.

11. Precedence; Further Amendments.

All other terms and conditions in the TOS remain in full force and effect. If there is any conflict between this Amendment and the TOS, or between this Amendment and other terms, rules or policies of the Eventbrite Services, this Amendment shall prevail. This Amendment constitutes an amendment to the TOS and any language in the TOS indicating it is the entire agreement between the Parties is waived. Any further amendment to this Amendment must be agreed to by both Parties in writing.

12. Developments in Federal Law and Policy.

Eventbrite agrees to discuss revising this Amendment if developments in Federal law, regulation and policy affect Agency’s ability to use the Eventbrite Services under the terms and conditions of the TOS and this Amendment.