Welcome to EventOrb.com, a website owned and operated by EventOrb LLC, a Limited Liability Company doing business in the State of Illinois. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “EventOrb,” “EventOrb.com,” “EventOrb LLC,“ “us,” “we,” and “our,” refer to us, EventOrb LLC, or our website, EventOrb.com, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Buyer” refers to a person who purchases event tickets from a Seller using our Service;
“EventOrb” refers to the business which owns this website (EventOrb LLC), our Site, or our Service, depending on the context of the usage;
“Seller” refers to a person who, through our Service, sells, offers to sell, or advertises event tickets to a Buyer;
“Service” refers to the services that we provide through our Site, including but not limited to our event promotion, listing, and advertising services;
“Site” refers to our website, www.EventOrb.com;
“User” refers to you, Buyers, Sellers, and any other person who uses our Service, or visits our Site;
“You” refers to you, the person who is entering into this Agreement with EventOrb.
EventOrb is an event listing platform that allows event promoters to increase exposure for their events by sharing photos, sending out invitation emails, and engaging in other marketing activities. EventOrb also provides tools that help event promoters and organizers manage and monetize their events via ticket sales and other methods.
When using our website, you may be required to provide all or some of your name, e-mail address, mailing address, date of birth, credit card information, telephone number, gender, occupation, and other information.
We may choose to process your payment directly, or we may pass some or all of the information you provide to us, including your credit card information, to a third party payment processor for processing.
In addition to providing us with the above information about yourself, when signing up for our Service, you must be at least the minimum age of contractual capacity in the State of Illinois, which is eighteen years old.
If you live somewhere other than the State of Illinois, you must be at least the minimum age of contractual capacity where you live, but, if that age is lower than eighteen, you must still be at least eighteen to use our Service.
Finally, when entering into a transaction with another User (such as when purchasing tickets), you must also be at least the minimum age of contractual capacity in that other User’s jurisdiction and/or the jurisdiction of their venue, while still observing both your own residence’s minimum age and that of the State of Illinois. EventOrb is in no way responsible for any failure of Users transacting business with each other to form a legal contract amongst themselves.
All tickets and other goods and services sales transacted with another User are not in any way warranted by EventOrb. As such, you release us from any liability for injury, financial loss, or any other harm which may arise from such a transaction, and you agree not to name us as a party in a lawsuit relating to such a transaction or the goods or services delivered in relation to it.
We may use a third party payment processor to process payments. If we do, you agree that we are not responsible for any failure of such processors to remit payment to us that you may make through them (or be entitled to from a debtor), or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the processor before we will credit the relevant Seller for the transaction.
Regardless of whether you are a Seller or a Buyer, you agree that you will be held jointly and severally liable for any chargebacks conducted in relation to a transaction to which you are a party. This is because we are unable to determine whether a chargeback is legitimate, or is simply an attempt to commit a fraud upon by two Users working in concert. Any disputes should be solved through collections agencies, the courts, law enforcement, or other means that do not result in a loss to EventOrb.
Any use of obviously fraudulent chargebacks, whether in concert with another User or done to defraud the other User, will be reported to the infringing User’s or Users’ local police department and a credit bureau, as well as referring the matter to the User’s or Users’ local small claims court(s).
If you are a Seller, you will be paid according to the methods and rates posted on our Site or negotiated with you directly. Where two or more payment terms are inconsistent, the term or terms most preferable to EventOrb shall apply.
If you purchase a subscription, you will be rebilled according to the methods and rates posted on our Site. Where two or more subscription terms are inconsistent, the term or terms most preferable to EventOrb shall apply.
EventOrb is not responsible for maintaining financial records on behalf of Users. As a User who transacts business with another User, you agree that you are an independent business or individual, not working on behalf of EventOrb in any way, and that you are retaining us for our marketing services for transacting business and/or promoting your business, and not for any other purposes. EventOrb does not act as a representative, advisor, or accountant for any User in any way, nor does it manage how contracts are performed (such as how events may be performed).
As a User, you are solely responsible for maintaining your financial records and reporting your income to the Internal Revenue Service and state revenue agencies. You must ensure that you comply with all applicable tax legislation (as well as any other legislation), which may include the payment of sales or use taxes to state revenue agencies. You must also ensure that you comply with all customs requirements.
In some instances, even if a Seller is not required to remit state sales tax information, a Buyer may be required to report the information to their state’s revenue collection agency to pay a “use tax” or some similar tax. Users, regardless of whether they are Buyers or Sellers, must comply with all tax legislation.
In addition to the free services provided by eventorb.com, certain premium services are offered which require payment for service. Where payment is required, the following additional terms and conditions will apply
You may request cancellation of services of any eventorb.com services at any time. If a fee has been paid for a service, all such payments for services are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded.
Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to your Manage Account settings.
Most subscription plans to the premium services consist of recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior cancellation. eventorb.com submits periodic charges (example, Monthly) without further authorization from you, until you cancel your subscription on your “Manage Account” page.
If you cancel your premium services, you are not eligible for a prorated refund of any portion of the premium service fees paid for the then-current
subscription period. If you have prepaid for a certain period of service, you are not eligible for a prorated refund of any portion of the pre-paid amount
upon cancellation. If you feel that you have a special circumstance and would like to request a review for refund, please contact us via mail:
353 N Desplaines Street
Chicago, IL 60661
Where payment is required for a service and we are unable to charge your credit card for any reason, we may discontinue any and all service to you either temporarily or permanently.
For ticket sales, we are only an intermediary that offers a marketplace in which Buyers and Sellers can transact for the sale of tickets and other event items. As we are not the Seller of any tickets ourselves, we cannot guarantee refunds, and it is up to Buyers and Sellers to solve any disputes amongst themselves independently of EventOrb. Sellers agree, however, that, where appropriate in EventOrb’s good faith opinion, EventOrb may choose to compel a Seller to refund money to Buyers, and may either debit any money that would otherwise be given to Seller, or require Seller to indemnify EventOrb for any money paid to Buyer, or a combination of both.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, aggregating our content, rewriting it and/or reposting it elsewhere.
We base much of our Service on User-uploaded content. As such, you agree to grant us a universal, perpetual, irrevocable, commercial and non-commercial, sublicensable right to use any content which you upload to us. You also warrant to us that you have the right to grant such a right to us when uploading content, and that you will indemnify us for any loss as a result of a breach of this warranty.
“EventOrb” is a trademark used by us, EventOrb LLC, to uniquely identify our Site and our Service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Where EventOrb has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We therefore recommend that, if granted such permission, you do not use our intellectual property in any manner that would result in a loss if we exercised our right to revoke consent to use that intellectual property.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
Attn: EventOrb.com Copyright Agent
520 South 2nd Street 1602
Springfield, IL 62701
If sending the notification by e-mail, an electronic signature is acceptable.
Additionally, although no similar procedure exists under American law for trademark infringement, we recommend following a similar procedure as that described above to notify us of alleged trademark infringement, so that we can take prompt action to correct the infringement.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR OR OUR USERS’ GOODS OR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE PURCHASE OF GOODS OR SERVICES THROUGH OUR SERVICE, WHETHER FROM US OR FROM OUR USERS. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY GOODS OR SERVICES, INCLUDING INJURY TO PERSONS OR PROPERTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of Illinois. The offer and acceptance of this contract is deemed to have occurred in the State of Illinois.
In order to limit the costs and complexity of legal proceedings against EventOrb, you agree that any dispute naming EventOrb or a party acting for or on behalf of EventOrb arising from or relating to this Agreement will be heard solely by the Illinois small claims system (“Small Claims Court”). You agree that even if you may be entitled to a monetary, equitable, or other remedy exceeding the jurisdiction of the Small Claims Court, you will waive your right to that remedy and still bring your action within the Small Claims Court. In the State of Illinois, the Small Claims Court has monetary jurisdiction of up to $10,000, meaning that even if you would otherwise have the right to recover more than $10,000 in damages from us in a case, you agree that you will only sue for up to $10,000.
If the subject matter of a dispute includes multiple claims, at least one of which is eligible to be heard in the Small Claims Court, you will release us from liability for the ineligible subject matter and will instead proceed with the eligible subject matter within the Small Claims Court.
If, after the application of these Forum of Dispute provisions, your claim is still ineligible to be heard in the Small Claims Court, you agree that the dispute shall be heard in the next most summary manner available in a court of competent jurisdiction.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in a case brought within the Small Claims Court, the awarding of costs, attorneys’ fees, and other expenses shall be governed by the rules of the Small Claims Court.
You agree that in a case brought outside of the Small Claims Court, the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, EventOrb shall have the sole right to elect which provision remains in force.
In the event of a breach of this Agreement by you, or other actionable conduct, we may not take action against you, either knowingly or unknowingly. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.
We may terminate your account or our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid directly to us (not including payments paid to us when such payments were intended to be credited to another User rather than to EventOrb directly, such as in the case of ticket sales), except in cases where the termination or cancellation was due to your breach of this Agreement or for cause. Any undelivered advertising or other services which have been partially performed by EventOrb shall be delivered on a pro rata basis.
Termination for cause includes any activity which may be unlawful and/or harm EventOrb, its Users, or any other person, and includes but is not limited to the engagement or attempted engagement in fraud, hacking, violence, breach of contract with EventOrb or another User, money laundering, tax evasion, other unlawful activity, or any other activity which can cause harm to the EventOrb marketplace.
For services which have no time limit, such as premium account services with no expiration date on our provision of the service, you agree that we are not liable in any way whatsoever for refunding payments once our Service is at least partially provided to you, as we cannot take on the burden of guaranteeing that our Site will be online, or our business will exist, for an infinite amount of time.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will send you an e-mail informing you that there has been a change. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service and inform us of your refusal by e-mailing firstname.lastname@example.org with details. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about EventOrb.com must be addressed to our agent for notice and sent via certified mail to: Jonathan Awotwi, 520 South 2nd Street 1602, Springfield, Illinois, 62701, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: August 6, 2012