1. Acceptance of Terms and Conditions
- The terms and conditions contained in this Agreement shall govern all use by you as an Organizer (as defined below) of (a) the www.eventpop.me website (including all webpages, subdomains and subparts therein contained, the “Website”), (b) any and all services available on or through the Website or otherwise provided by OPN POP Co., Ltd. (“Company,” “Eventpop,” “We,” “Us,” or “Our”) for your events, and (c) all Software (as defined below) (collectively, the “Services”).
- The Services are owned and operated by Eventpop.
- The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Eventpop.
- By using or accessing any part of the Services, you agree to all of the terms and conditions contained herein and all other policies and procedures that may be published from time to time on the Website.
- If you do not agree to any of such terms, conditions, rules, policies or procedures, DO NOT USE or ACCESS the Services.
- Eventpop reserves the right, at its sole discretion, to modify or replace any of the terms or conditions under this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. Eventpop, Our Services and Responsibilities
- Eventpop is in the business of providing a ticketing management platform which provides a simple and quick means for you and other registered users who are event organizers and planners to collect payments with respect to the sale of tickets for events, venues and other activities (each, an "Event") registered on the Website, including fees for our services (“Total Event Fee”), from registered users who want to attend such Events (“Buyers”).
- You agree and acknowledge that Eventpop is not your ticketing agent who sells tickets to Events on your behalf. A sale and purchase of a ticket for an Event shall be a direct transaction entered into between an Attendee and you.
- Our Services, among others, are to:
- display and list your Event(s) on the Website.
- accept and process on-line orders for tickets to your Event(s) and process all credit card and other payments to said Event(s).
- provide an accounting to you of our fees and charges for each ticket sold by us.
- provide a set of features and tools to enable you to manage your event online. For more information, please see the Website.
3. Use of the Services
- You may visit the Website, fill out a questionnaire about your event, including pricing, location, ticket inventory, etc., and collect Total Event Fee online directly from Buyers.
- Eventpop hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an Event page with respect to, and promoting, managing, tracking, and collecting Total Event Fees for, an event that you have registered on the Website, in each case (i) in compliance with this Agreemennt, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic).
- You shall not, and shall not permit anyone else to, directly or indirectly:
- modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below).
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law.
- rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Website as an organizer in accordance with this Agreement).
- remove or alter any proprietary notices or labels on or in the Services or Website content.
- engage in any activity that interferes with or disrupts the Services.
4. Payment Method
- When using the Services, Eventpop will collect all Total Event Fees on behalf of you from the Buyer and will be entitled to deduct all applicable Fees (as prescribed below) from the Total Event Fees passed along to You.
- Eventpop will make all payments to You (Total Event Fees minus applicable Fees due to Eventpop, including any prior balance due to Eventpop for any reason) through the Organizer’s Dashboard as provided in the Website. The fund will be able to withdraw only it appears in “Transferable Balance”.
- Eventpop reserves the right to withhold funds at any time as we in our sole discretion determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud, chargebacks, expected chargebacks and other discrepancies.
- You agree to pay (or allow us to deduct from Total Event Fees) all Fees payable by you, which are based on the number of tickets sold by you to us in connection with the provision of the Services, which payments shall be due and payable upon receipt of the invoice setting forth such charges. Invoices may be sent monthly for Service Fees incurred in the previous month.
- Where an Event, or part of any event, is canceled or rescheduled, you must immediately advise us in writing.
- It is your sole responsibility to refund Total Event Fees to the Buyer and to communicate your refund policy to the Buyers.
- You shall ensure that the refund policy is consistent with the terms and conditions of this Agreement, the payment and refund processes included in the Services, and all applicable legal, regulatory and other governmental requirements. All communications or disputes regarding refunds are between you and the Buyers, and we will not be liable for any decision to issue or not issue refunds in the course of the use of our Services.
- We do not provide refunds of the Fees due and payable to us. If you want to issue a refund for the Fees paid by the Buyers, it is your sole responsibility to issue a payment directly to you Buyers.
7. Event Restrictions
- When submitting your Event to us to be listed on Our Services, it is your sole responsibility to provide to us any event restrictions associated with said Event. Any Event that requires a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics or requirements, must be clearly stated by you upon submission to us. It is your responsibility to ensure that said restriction is lawful and does not violate any local laws, or any applicable foreign laws, prior to submitting the Event to us. It is also your sole responsibility to verify that all Buyers can be admitted to your Event.
8. Representations and Warranties
You represent and warrant that:
- You are a producer, promoter, presenter, or manager of the Event.
- You have the authority and right to offer, sell, and honor the tickets to the Event sold on the Website.
- The Event itself and any material or content provided by you to us for use on the Website is/are not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity.
- the Event and the sale of tickets to the Event does not constitute a violation of any local law.
9. Misrepresentation of Event
- The Event must be accurately and truthfully described when you submit the Event listing to us to be posted on the Website.
- If you do not exclusively sell tickets through the Website, the Event ticket prices shall never exceed the price indicated on the Website.
- You acknowledge failing to do so effects the integrity of the Website. If We discover and determine, in our sole discretion, that you misrepresented the Event, we will cancel the Event and you have to refund the money paid by the Buyers (net of any Fees) as provided in this Agreement. If we determine that you repeatedly engage in the conduct described in this paragraph, we have the right to terminate your account and any other Events submitted by you will be canceled pursuant to this Agreement and we reserve the right to take other actions or pursue additional remedies as permitted by law.
- We, in our sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of your content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to us, or we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your right to use the Services may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related content and files related to your account and/or bar any further access to such files or the Services.
- You agree that we shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services.
11. SERVICE MODIFICATIONS/SUSPENSIONS.
- We reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. We will not be responsible to you for a refund, in whole or part, of the Fees for any reason and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- You agree to defend, indemnify and hold Eventpop, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your content; your or any of your affiliates’, or any of your or your affiliates’ officers’, directors’, agents’ or employees’, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this Agreement.
- We shall provide notice to you of any such Claim, provided that the failure or delay by us in providing such notice shall not limit your obligations hereunder.
- We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting our defense of such matter.
13. LIMITATION OF LIABILITY
- We shall not be liable under any circumstances or under any legal theory, wherther in tort, contract, or otherwise, with respect to the Services, or any other subject matter of this Agreement for:
- any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
- the cost of procurement of substitute Services.
- Any matters beyond our reasonable control.
- We shall have no liability with respect to any or your content or any content of any other user of the Services.
- In consideration of being permitted to access and use the Services, you hereby agree to release Eventpop, and its affiliates, and each of it and their officers, directors, agents, co-branders, other partners, and employees from all damages, losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties in connection with the Services, your access and use of the Services or your Event.
15. DISCLAIMER OF WARRANTIES.
- The Services are provided on an “As Is” and “As Available” basis.
- Eventpop hereby disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose.
- We make no warranty that:
- the Services will meet your requirements.
- the Services will be uninterrupted, timely, secure, or error-free.
- any errors in the Services will be corrected.
- we are not responsible and shall have no liability for the content, products, services, actions or inactions of any user, buyer or other non-organizer, organizer or third party before, during and-or after an Event.
- You acknowledge that we have no control over and do not guarantee the quality, safety or legality of Events advertised, the truth or accuracy of any users’ (including Buyer’s, other non-organizers’ and organizers’) content or listing, or the ability of them to perform, or actually complete a transaction.
- We are not affiliated with, and have no agency or employment relationship with, any third party service provider used in conjunction with the Services.
- Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. We do not control and shall not be responsible for the acts of you or any other users (whether organizers, Buyers, other non-organizers or otherwise) of the Services.
17. TRADEMARK INFORMATION
- The trademarks, service marks, and logos of Eventpop (the “Eventpop Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Eventpop. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks, together with Eventpop Trademark, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Eventpop specific for each such use. The Trademarks may not be used to disparage Eventpop, any third party or Eventpop’s or third party’s products or services, or in any manner (in Eventpop’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Eventpop approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Eventpop Trademark shall inure to Eventpop’s benefit.
- The Services may provide, or third parties may provide, links to other internet websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.