Eventgold Terms of Service

Thank you for your interest in Eventgold. These Terms of the Services (the “Terms”) are a binding legal agreement between you and Eventgold, LLC (“Eventgold” or “us” or “we” or “our”) that govern the right to access and use our websites, applications and other offerings (collectively, the “Platform”).

Our Platform provides online and mobile booking services and promotional tools for performers, hosts, attendees, consumers, promoters and entertainment buyers and sellers of all types. In connection therewith, we may provide certain information, content, materials, payments processing and attendant services and functionalities (collectively, the “Services”).

Please read these Terms carefully. By accessing the Platform, creating an account or otherwise using Eventgold, you expressly acknowledge and agree that: (a) you have read and understand these Terms, and (b) you agree to comply with, and to be legally bound by, these Terms as they exist on the date of each of your applicable use or access. We may update these Terms from time to time, in our discretion. Certain features of our Services may be subject to additional terms, rules or regulations, which will be posted to the Platform in connection with the same. All such additional terms, rules or regulations are incorporated by reference into these Terms. If you do not agree with these Terms in any respect, you must immediately cease all access and use of our Platform and Services.

THESE TERMS INCLUDE AN ARBITRATION PROVISIONS THAT AFFECTS YOUR RIGHTS, AND DESIGNATE THE GOVERNING LAW AND FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES BETWEEN YOU AND US.

The Platform and Users.

The Eventgold Platform connects musicians, comedians, artists, performers and other entertainers (individually and collectively, “Entertainers”) with event hosts and venues (individually and collectively, “Hosts”); and Hosts with consumers seeking entertainment options (“Attendees”). From time to time, Entertainers, Hosts and Attendees may be collectively referred to herein as “Users.”

Account Registration and Maintenance.

Anyone can access our Platform as a visitor but in order to take full advantage of all of our Platform features, you will need to create an account. When you create an account, we require you to provide certain information about yourself, including your email address, a password, and other information as detailed in our Privacy Policy (collectively, “Account Information”). By registering an account, you represent and warrant that you are at least the age of majority in your jurisdiction of residence, have the legal capacity to enter into these Terms by and between you and us, and agree to be bound by these Terms in their entirety.

You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow Eventgold to contact you from time to time. You agree that we may send email communications to you for customer service, account and/or purchase confirmations, product offers and other similar matters. You may choose to opt out of much of this email correspondence through your account settings or by using the links at the bottom of our emails. Please note that even if you opt out, we may still send you account and/or Services related communications, such as purchase confirmation and similar transactional messages.

By establishing an account, or otherwise providing your contact information, you agree that we may send communications to your email address as well as by telephone or text message at any of the phone numbers provided by you or on your behalf in connection with your account, calls and/or push notifications to the mobile telephone number or to other contact information that you provide, for purposes of customer service, confirmations, newsletters, marketing and product offers, and other matters. You may opt out of much of this communication by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages which we may send.

We reserve the right to limit, block, suspend, deactivate, or cancel your account at any time, for any reason, with or without notice. If we take such action:

• Your access to the Platform and your User-Generated Content will be disabled.
• Where you have entered into a booking agreement or other contract for services (“Contract”) with another User that is affected by our action, we may inform such other User(s) about the change in your account status and the reasons for our action.
• You will not be compensated for any canceled or delayed Services.

You may cancel your account at any time.

The content of the Platform and the Services generally, are intended strictly for the purposes of: (i) providing a forum for Entertainers to post information about themselves, (ii) facilitating the booking of Entertainers by Hosts, and (iii) facilitating attendance by Attendees at such Hosts events.

You represent and warrant that you understand and agree that Eventgold is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any Users of the Platform regarding the provision of services at any event or engagement.

Payments.

Hosts and Attendees. By registering as a Host or an Attendee, you authorize Eventgold to charge your credit card, debit card, or other payment method at such time. You agree that we may charge all fees owed in connection with our Services to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided to us. You are solely responsible for the timely payment of all fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately terminate your use of the Services. You agree not to cause your credit or debit card company to reverse or “chargeback” any fees charged in accordance with these Terms; and in the event you do so, we may terminate your use of the Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.

Entertainers. By registering as an Entertainer, you hereby appoint Eventgold as your agent for receipt of deposit, balance, or other payments that we permit to be made through the Services (each a “Payment”). Following receipt of Payments for Entertainers, we shall settle the amounts thereof less all administrative fees assessed by Eventgold which are disclosed in the Entertainer contract and less any chargebacks, reversals, or returns.

Refunds. All sales are final and will not be refunded, unless specifically agreed to otherwise by us.

Intellectual Property Rights.

License. Subject to these Terms and only to the extent expressly permitted by the functionality of the Platform, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Platform and Services, as well as to access and interact with any Content (as that term is defined below) available thereupon. Except with respect to your use of certain Services that provide for or facilitate commercial activities, you understand and agree that the Services and any Content available in connection therewith are for your personal, non-commercial use only. Except as expressly permitted by these Terms and the functionality of the Platform, (i) no Content (other than your own) may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Content, including trademarks, service marks, logos, slogans, or taglines of us or third parties, or any software or code relating to the Platform.

Content. Certain copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sound clips, or any other materials within or upon the Platform (collectively, the “Content”) are owned by Eventgold. Any content created by users belongs to the users that generate it, with a limited license granted to Eventgold as set forth further herein below.

The Platform as a whole is protected by copyright, trademark, trade dress and other proprietary rights. All worldwide rights, title, and interest in and to that intellectual property is owned and controlled by Eventgold. Unless otherwise noted, by using a third party’s trademark or trade name within the Platform, Eventgold does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and hereby expressly disclaims any such affiliation or endorsement.

User-Generated Content. Certain parts of the Platform may allow you to upload, post or otherwise make available your own content. Any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may provide to us for posting on the Platform, or which you post directly to the Platform (“User-Generated Content”) are and shall remain your property or your licensors’ property. You hereby irrevocably grant to Eventgold and its affiliates and licensees a non-exclusive, worldwide, transferrable, and royalty-free right and license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use any User-Generated Content in any and all media, now known or hereafter devised, solely in connection with the Platform and Services, and/or advertisements or other materials promoting the same.

With respect to any User-Generated Content, you represent, warrant and agree that:

• You own or control all necessary rights in and to the same to provide such User-Generated Content to us;
• You have the full right and authority to grant the rights, licenses, and permissions in these Terms;
• Any and all User-Generated Content submitted by you to the Platform do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s); and
• To the extent you do not own any underlying rights to the User-Generated Content, it is your sole obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to artists, creators, co-creators, copyright owners and co-owners, or any other person who involved in the making of User-Generated Content, and in connection with any license fees, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to such User-Generated Content, and at our request you shall provide us with confirmation of such authorizations and payments.

Limitations.

Eventgold does not employ any Users, and we are not responsible for the conduct, whether online or offline, of any visitors or Users of the Platform or Services. Hosts are responsible for compliance with all applicable laws in connection with any relationships they establish and events that they elect to host.

Entertainer and User content is user generated. We do not control or vet User-Generated Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Users on or off the Platform. We do not assume and expressly disclaim any liability that may result from the use of information provided on the Platform. We do not specifically refer or recommend Users nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Entertainers or Hosts, or the integrity, responsibility or actions of any Users whether in public, private or offline interactions. Any screening of a User and their information by Eventgold is limited and should not be taken as complete, accurate, up-to-date, or conclusive of the suitability of the services provided by any such User for a particular type of event.

Eventgold is not an employment agency, and we do not secure or procure employees for any party in any capacity or respect, nor do we secure or procure opportunities for employment. We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Entertainers or Hosts, nor do we require Entertainers or Hosts to accept, make available or work any events or deliver any services at all.

No Guarantees. Eventgold makes no guarantees as to the suitability of any Entertainers or Hosts. We do not represent or guarantee that the Platform will further the careers of any Entertainers, help them financially, or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment.

Prohibited Conduct.

At all times when using or accessing the Platform, you agree that you will not, directly or indirectly:

• Violate any applicable local, state, federal, or international law.
• Falsify your identity or misrepresent yourself in any way on the Platform or in association with your use of the Services.
• Attempt to impersonate another person or use another person’s account information without express, written authorization.
• Post or transmit on other through the Platform any content or information which is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal, or any material that infringes or violates another party’s intellectual property rights, or rights of privacy and publicity.
• Redistribute, decompile, reverse engineer, publish, or copy any portion of the Platform or Services;
• Access or use the Platform or our Services for the purpose of creating a product with a substantially similar look, feel or design.
• Access or search the Platform by any means other than our publicly supported interfaces (for example, “scraping”).
• Interfere with others’ use and enjoyment of the Services.
• Use any of our trademarks, trade names, service marks, copyrights, or logos in your own mailings, spam material, contests or surveys, or to create the impression you are associated with such items.
• Violate any third party’s rights, including intellectual property or privacy rights.
• Express or imply that any statements you make are endorsed by us, without our specific prior written consent.
• “Frame” or “mirror” any part of the Platform without our prior written authorization.

Security.

We maintain certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the Platform and Services. No such measures are capable of guaranteeing complete security though, and we disclaim all implied warranties as to the security of the Platform.

Liability and Disclaimers.

Disclaimer of Warranty. All Content, information and data available on or through the Platform and our Services is provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. We specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other Users of the Platform; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contracted through the Platform will appear at any events or engagements; (iv) the ability of you or any other User of the Platform to engage in transactions with any other User; (v) any details relating to any transactions you may engage in with any other use of the Platform; (vi) the quality of the listings or other information offered by you or any User of the Platform; (vii) the financial condition of you or any User of the Platform; or (viii) compliance with local, state, and federal laws by you or any other User of the Platform. We make no representation that the information in the Platform is appropriate or available for use in locations outside the United States, and access to the Platform from locations where the provision of such information may be illegal is prohibited. Users who determine to access Platform from such locations do so on their own initiative and are responsible for compliance with all applicable law. Your use of the Platform and Services is solely at your own risk.

Limitation of Liability. Eventgold nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Platform shall be liable for lost profits or revenues, loss of data, business interruption, or any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Platform. Except where such limitation is prohibited by law, in no event shall our liability, whether in contract, tort, or otherwise, exceed the amount paid to a Entertainer or by a Host during the immediately preceding 3-month period in connection with its use of the Platform. To the maximum extent allowed by applicable law, Eventgold shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content within the Platform or information flowing through the Platform.

Release for Third-Party Conduct. By using the Platform and Services, you hereby represent, understand, and expressly agree to release and hold Eventgold, and its officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, and corporate partners, harmless from any claim or controversy that may arise out of: the actions or inactions of, or the relationship between, you and any other User of the Platform; and any information, instruction, advice, or services created by any User or other third party that appeared on, or was communicated through the Platform or Services. Eventgold expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.

Indemnity. You acknowledge and agree that you will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access of the Platform, use of the Services, any of your User-Generated Content, or the violation of these Terms by you.

Arbitration Agreement; Waiver of Class Action Claims.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email. Before we file a claim against you, we agree to contact you at the email address associated with your account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

GENERAL. YOU AGREE THAT YOU AND US WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO US OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below.

The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.

LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Boston, Massachusetts, or any other location you and we mutually agree to.

EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this section.

CLASS ACTION WAIVER. YOU AND EVENTGOLD 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. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

NO RIGHT TO JURY TRIAL. YOU AND EVENTGOLD ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision via email to info@eventgold.com. For new users, the notice must be sent within 30 days of registering with Eventgold, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt-out, we will also not be bound.

General.

Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of these Terms as closely as possible. Either party’s failure to enforce any term or condition herein is not a waiver of its right to do so later.

Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Massachusetts law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Boston, Massachusetts, as the legal forum for any dispute between them.

Updates. Eventgold, in its sole discretion, may make changes, updates, enhancements or similar to the Platform or Services at any time, with or without notice. We may add or remove certain features and functionalities, or may discontinue the Services or Platform altogether.

Third Party Links. We may provide links to third party websites or services as necessary to effectuate the Services. We provide these links as a convenience and these third party websites or services are not under our control. Any use of such third party websites or services is at your own risk.

Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Platform or by posting updated Terms at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of the Platform and Services following the effective date means that you agree with, and consent to be bound by, the updated Terms.

Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by Eventgold, these Terms will govern, unless expressly superseded by such other terms, conditions, or rules. Sections of these Terms which by their nature should survive any termination will indeed so survive.