This Website provides general information about ZapEvent and its online registration services and allows you to register as an event sponsor or operator (“Event Sponsor”) or as an event participant (“Event Participant”).
USE OF THE ZAPEVENT WEBSITE
You agree to use the Website only for lawful purposes. Specifically, you agree not to do any of the following: (1) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the Website by others; (4) upload or otherwise transmit files that contain a virus or corrupted data; (5) collect information about others (including e-mail addresses) without their consent; (6) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential; or (7) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by ZapEvent, may harm ZapEvent or users of the Website or expose them to liability.
You understand and acknowledge that you are responsible for whatever you submit to this Website and you, not ZapEvent, shall have full responsibility for any information you submit, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to ZapEvent or to any area of the Website, you represent and warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to ZapEvent and/or post it to the Website. You grant to ZapEvent the right to use all information or other material you upload or otherwise transmit to ZapEvent or the Website in any manner ZapEvent chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
ZapEvent reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the Website, which ZapEvent, in its sole discretion, deems inconsistent with the foregoing commitments, including anything ZapEvent has been notified, or has reason to believe, constitutes copyright infringement or infringes upon any third party’s intellectual property rights; and (2) terminate any user’s access to all or part of the Website. However, ZapEvent can neither review all information or other material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, ZapEvent assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties on the Website. ZapEvent reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, ZapEvent has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
ZapEvent reserves the right to modify, reject or eliminate any information residing on or transmitted to the Website, in its sole discretion.
Your failure to comply with the foregoing provisions may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ZapEvent or an Event Sponsor or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer of ZapEvent or as an Event Sponsor or Event Participant. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of ZapEvent, except to: (1) store copies of such materials temporarily in RAM, (2) store files that are automatically cached by your web browser for display enhancement purposes, and (3) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with ZapEvent or the applicable owner of such content. Except as expressly authorized by ZapEvent in writing, you may not reproduce, sell or exploit any content of this Website for any commercial use.
When an Event Sponsor elects to use the Website for the collection of event registration fees from Event Participants, payment processing occurs directly by ZapEvent as follows: (i) ZapEvent will collect all event registration fees on behalf of the Event Sponsor from the Event Participants and will deduct all applicable service charges from the event registration fees passed along to the Event Sponsor, the process of which is more fully described at http://www.zapevent.com/price.aspx, (ii) ZapEvent will mail all payments to the Event Sponsor (event registration fees minus applicable service charges) at the address that the Event Sponsor accurately provides on the Website; and (iii) ZapEvent will submit payment to the Event Sponsor on the 1st and 15th of each month, or the first business day thereafter if on a weekend or holiday, for the event to which the registration fees correspond, provided that ZapEvent reserves the right to withhold funds at any time as ZapEvent determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud and other discrepancies. ZapEvent reconciles all funds collected through 7 days prior to the 1st and 15th or each month. Each reconcile is two weeks worth of funds offset by 7 days prior to the reconcile day. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by ZapEvent.
Credit Card Chargebacks. Any credit card chargebacks initiated by an Event Participant for any reason with respect to an event shall be charged back to the Event Sponsor of such event. ZapEvent shall either (1) deduct these costs from such Event Sponsor’s outstanding balance, whether for that particular event or for any other event that such Event Sponsor lists through the services provided under the Website; or (2) send an invoice to such Event Sponsor for such costs if no balance exists. If payment for such invoice is not received by ZapEvent within thirty (30) days, ZapEvent reserves the right, at ZapEvent’s sole discretion, to terminate such Event Sponsor’s registration for the services provided under the Website and to cancel all other events listed by such Event Sponsor as provided herein. All communications and disputes regarding chargebacks are between the Event Sponsor and Event Participant and ZapEvent will not be responsible or liable in any way for chargebacks issued in the course of the use of the service provided under the Website.
Confirmation. Upon receipt of a credit card authorization from each Event Participant, ZapEvent will issue a unique confirmation number. Event Sponsors agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by ZapEvent through the Website, and it is the Event Sponsor’s responsibility to verify the Event Participant’s event status, confirmation number and/or any event restrictions prior to the subject event.
Taxes; Withholding. If you are using the Website as an Event Sponsor, you are responsible for (and will indemnify and hold ZapEvent harmless against) all taxes associated with your sale of tickets through the Website (excepting taxes based on ZapEvent’s income). ZapEvent reserves the right to withhold the payment of any amounts owed to you hereunder if ZapEvent suspects or determines that such amounts have been generated in (1) a fraudulent manner, (2) violation of this Terms of Service, or (3) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by ZapEvent in its sole discretion).
ZapEvent, LLC uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement.
The ZapEvent logos and other marks indicated on the Website are registered trademarks of ZapEvent in the United States and other countries. ZapEvent’s trademarks and trade dress may not be used in connection with any product or service that is not ZapEvent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZapEvent. All other trademarks not owned by ZapEvent that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZapEvent.
DEALINGS WITH MERCHANTS AND OTHER THIRD PARTIES
If you choose to correspond, participate in a promotion or engage in transactions with any individual or business found on or through the Website, you acknowledge and agree that ZapEvent is not a party to, and will not be responsible for, your interaction with such individual or business, including such party’s treatment of your information and the terms and conditions applicable to any transaction between you and such party. The terms of your interaction with such party are solely between you and such party. You agree that ZapEvent will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such parties on the Website.
LIABILITY OF ZAPEVENT
You assume all responsibility and risk for the use of the Website. ZapEvent does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the “Site Content”). Any of the Site Content may include technical, accuracy and typographical errors. ZapEvent has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by ZapEvent shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. ZapEvent disclaims any liability for injury or damages resulting from the use of the Website.
THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ZAPEVENT DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, ZAPEVENT NEITHER WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR THE PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ZAPEVENT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
ZapEvent shall not be liable for any damages of any kind whatsoever (1) arising out of your reliance on the information on this Website or (2) resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of or browsing in this Website or any other linked websites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Website or any linked website or the Internet generally.
IN NO EVENT WILL ZAPEVENT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ZAPEVENT, ANY EVENT SPONSOR OR EVENT PARTICIPANT AND WHETHER OR NOT ZAPEVENT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
Anything that you submit to or through ZapEvent or the Website is non-confidential for all purposes and will not be held in confidence. ZapEvent does not want to receive confidential or proprietary information from you through this Website. Should you provide ZapEvent or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Website, such information shall be deemed to be non-proprietary and non-confidential and shall become the property of ZapEvent and you agree that all intellectual property rights therein are transferred to ZapEvent. ZapEvent assumes no obligation to protect such information from disclosure. The submission of such information to ZapEvent shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by ZapEvent for any purpose whatsoever and ZapEvent shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. ZapEvent cannot prevent the “harvesting” of information from this Website, and a user of this Website may be contacted by ZapEvent or unrelated third parties by e-mail or otherwise, within or outside of this Website. In addition, while there is no limitation on how a user’s information may be used, ZapEvent may use your IP address to help diagnose problems with its server and administer this Website, or to help identify you and to gather broad demographic information.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Website contains links to other websites on the Internet. ZapEvent is not responsible for and does not endorse the content, products, services or privacy practices of any third party websites, including, without limitation, Event Sponsor sites, sites framed within the Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites. Further, a reference on the Website to any products, events, services, processes, hypertext links to third parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply ZapEvent’s endorsement, sponsorship or recommendation. Product, event and service information are solely the responsibility of each Event Sponsor or other vendor and ZapEvent does not make any representations or warranties regarding the quality, content or accuracy of such information or provide any warranties as to such parties’ products, trademarks, trade names or trade dress.
The owner of this Website is based in the State of Minnesota, USA. Except as explicitly stated otherwise on this Website, ZapEvent makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
GOVERNING LAW; JURISDICTION
These Terms of Service constitutes the entire agreement between ZapEvent and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ZapEvent with respect to this Website. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by ZapEvent of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.