Terms & Conditions

Last Modified: July 16, 2019

ATTENDEE.COM, INC. TERMS OF USE

This is an agreement between Attendee.com, Inc., a New Jersey corporation (referred to herein as “Attendee.com“, “we”, “us” or “our”), the owner and operator of www.attendee.com/ (the “Site”), the Attendee.com software, including the Attendee.com App (collectively, including all content provided by Attendee.com and the Site, the “Attendee.comService” or the “Service”), and you (referred to herein as “User” or “you”), a user of the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND THE ATTENDEE.COM PRIVACY POLICY, WHICH CAN BE FOUND AT www.attendee.com/privacy, AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE, EACH OF WHICH IS HEREBY INCORPORATED BY REFERENCE AND EACH OF WHICH MAY BE UPDATED BY ATTENDEE.COM FROM TIME TO TIME WITHOUT NOTICE TO YOU IN ACCORDANCE WITH THESE TERMS (collectively, the “Terms”).

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all the Terms contained herein. Under these Terms, “use” of or “access” to the Service specifically includes any direct or indirect access or use of the Service or any cached version of the Site and any direct or indirect access or use of any information or content on the Service, regardless of how obtained. These Terms apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, event organizers, planners and charitable organizations, venues that access the Service, and users that have a page on the Service.

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Attendee.com. You hereby affirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and complete with these Terms.

These Terms apply to all users of the Attendee.com Service. Information provided by users through the Attendee.com Service may contain links to third party websites that are not owned or controlled by Attendee.com. Attendee.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Additionally, Attendee.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Attendee.com shall not be responsible for any damages, claims, or other liability arising from or related to your use of any third-party website.

Attendee.com hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or (b) if you are a Subscriber (defined below), creating the event registration, speaker profile, subscriber profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case (i) in compliance with these Terms; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations.

Subject to your compliance with these Terms, Attendee.com hereby grants you permission to use the Service, provided that: (i) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Attendee.com’s prior written authorization; (ii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iii) you will otherwise comply with these Terms.

In order to access and use the features of the Service, you acknowledge and agree that you may need to provide Attendee.com with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Attendee.com may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users on the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Attendee.com to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You must notify Attendee.com immediately of any breach of security or unauthorized use of your mobile phone. Although Attendee.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Attendee.com or other users due to such unauthorized use.

You agree not to collect or harvest any personally identifiable information, including phone numbers, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Attendee.com in its sole discretion) an unreasonable or disproportionately large load on Attendee.com’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Attendee.com may use to prevent or restrict access to the Service (or other accounts, systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site or any part of the Service.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

As a condition to using the Service, you are required to register with Attendee.com and represent, warrant and covenant that you provide Attendee.com with accurate and complete Registration Information (including, but not limited to a user name (“User Name”), e-mail address and/or mobile phone number and a password that you will use to access the Service (collectively, the “Registration Information”)), and to keep your Registration Information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Attendee.com account.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms or applicable local, state, national and international laws and regulations. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to:

  • create any account for anyone other than yourself without such person’s permission;
  • use a User Name that is the name of another person with the intent to impersonate that person;
  • use a User Name or account that is subject to any rights of a person other than you without appropriate authorization; or
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

  • you know is false or misleading;
  • infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • is abusive, threatening, obscene, defamatory, or libelous;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming;
  • uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
  • uses manual or automated software, devices, or other processes that harvest or scrape any Content from the Service;
  • contains restricted or password-only access pages or hidden pages or images;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • solicits passwords or personally identifiable information for commercial or unlawful purposes from other users of this Service;
  • includes a photograph of another person that you have posted without that person’s consent;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Attendee.com or any third party; or
  • impersonates any person or entity, including any employee or representative of Attendee.com.

Attendee.com has no obligation to monitor the Site, Service, Content, or User Submissions (defined below). Attendee.com reserves the right to refuse the registration of, or cancel a User Name at its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You hereby expressly covenant never to use another user’s account without such other user’s prior express authorization. You will immediately notify Attendee.com in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Service. The Service is not available to individuals who are younger than 13 years old. Attendee.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited, and in such circumstances, you agree not to use or access the Site or Services in any way.

If you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Service within forty-eight (48) hours.

Attendee.com is not the organizer or owner of the events listed for sale or registration on the Services. Attendee.com provides the Services, which allow Subscribers to list and promote their events, but all sales are made by the respective Subscriber listed on the applicable event page. Attendee.com also acts as the Subscriber’s limited agent solely for the purpose of using its third party payment providers to collect payments made by users on the Services with respect to an event and passing such payments through to the applicable Subscriber. It is the Subscriber’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

Creating an account, listing an event and accessing the Services is free. We charge our fees only when you sell or buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that Attendee.com charges to Subscribers. These fees may vary based on individual agreements between Attendee.com and certain Subscribers. Subscribers ultimately choose if these fees will be passed along to users purchasing tickets or registrations and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Subscriber out of ticket and registration gross proceeds. The fees charged to users may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by users for an event are not necessarily the same as those charged by Attendee.com to the applicable Subscriber or the standard fees described on the Services to Subscriber. In addition, certain fees are meant, on average, to defray certain costs incurred by Attendee.com, but may in some cases include an element of profit and in some cases include an element of loss. Attendee.com does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. users should check with their bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

Because all transactions are between a Subscriber and its respective users purchasing tickets or registrations, Attendee.com asks that all users contact the applicable Subscriber of their event with any refund requests. Subscribers agree to post and maintain a refund policy on each event page and that refund policy will govern. In the event that a Subscriber has not responded to a refund request within two (2) business days or there is a dispute between a Subscriber and a user that cannot be resolved, either party may contact Attendee.com and Attendee.com, may, in its discretion, attempt to mediate such dispute, however, Attendee.com will have no liability for (a) a Subscriber’s failure to give refunds; (b) Attendee.com’s failure to mediate a dispute; or (c) Attendee.com’s decision if it does mediate the dispute.

Proprietary Rights and Downloading of Information

All Content, whether publicly posted or privately transmitted is the sole responsibility of the person who originated such Content. Attendee.com cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term “Content” includes, without limitation, any location information, messaging, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and other interactive features generated, provided, or otherwise made accessible by Attendee.com on or through the Service as may be implemented by Attendee.com from time to time. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as “User Submissions.” User Submissions, including, but not limited to messaging, are stored in an unencrypted format on the Site.

The Service contains Content specifically provided by Attendee.com or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, as applicable. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any Content accessed through the Service.

Subject to these Terms, Attendee.com grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable, non-transferable license to use, modify, and reproduce the Content, solely for personal, non-commercial use. Copying, storing or otherwise accessing the Service or any Content on the Service for other than for your personal, noncommercial use (other than in accordance with a valid membership) is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

We may use User Submissions in connection with the Site, the Service and Attendee.com’s business as we may determine in our sole discretion, including but not limited to, public display, reformatting, incorporation into marketing materials, advertisements and other works, creation of derivative works, promotion, distribution, and allowing others to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Attendee.com a worldwide, non-exclusive, royalty-free, fully paid, subliscensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service, and Attendee.com’s (and its successors and assigns’) business, including without limitation for promoting or distributing all or part of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall hereby grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license granted to Attendee.com does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing with Attendee.com.

You hereby represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Attendee.com will not be liable for any errors or omissions in any Content; and that Attendee.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

You agree to only post or upload User Submissions containing images, photos, videos or audio (“Media”) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. All Media uploaded to the Site shall be public.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading Media of other people without their permission is strictly prohibited.

By uploading any Media on the Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy.

By uploading any Media (a) you grant to Attendee.com a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in the Media; (b) you certify that any person pictured in the submitted Media (or, if a minor, his/her parent/legal guardian) authorizes Attendee.com to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media and any material included in such Media; and (c) you agree to indemnify Attendee.com and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Media and/or your failure to comply with these the terms described in this document.

Attendee.com reserves the right to review all Media prior to submission to the Site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.

You agree to (i) keep your password and User Name for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your User Name and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new User Name and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your User Name and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your User Name and password and take any other related action as we may reasonably request.

We discourage you from giving anyone access to your User Name and password for your account with us and your email account. However, if you do give someone your User Name and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER ATTENDEE.COM NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ATTENDEE.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH ATTENDEE.COM AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your account at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Attendee.com ‘s control, and you acknowledge that Attendee.com is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with Attendee.com. You further acknowledge and agree that Attendee.com shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Attendee.com may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions provided on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

THE SERVICE, INCLUDING ALL CONTENT ON THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ATTENDEE.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR ACCESSED THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR ACCESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SERVICE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE WEBSITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

Save to the extent required by law, Attendee.com has no special relationship with or fiduciary duty to you. You acknowledge that Attendee.com has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Attendee.com from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Attendee.com makes no representations concerning any Content contained in or accessed through the Service, and Attendee.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

You agree to indemnify, defend, and hold harmless Attendee.com and affiliates, and each of their members, contractors, suppliers, officers, directors, representatives, agents, and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) that arise from or relate to your use or misuse of, or access to the Site, Service, Content, or otherwise from your User Submissions, including without limitation with respect to any claim arising out of any content that you submit or breach or alleged breach of any of your obligations set forth in these Terms. Attendee.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of Attendee.com. You shall cooperate as fully as reasonably required in the defense of any claim.

ALL LIABILITY OF ATTENDEE.COM, OF ITS AFFILIATED ENTITIES, SHAREHOLDERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATES”) HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ATTENDEE.COM AND/OR ITS AFFILIATES (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATTENDEE.COM NOR ITS AFFILIATES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ATTENDEE.COM AND/OR ITS AFFILIATES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS FOR:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE; OR
  • COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ATTENDEE.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Attendee.com warrants that it will keep secret any confidential information that Attendee.com possesses concerning the user using a degree of care equal to the degree of care that Attendee.com uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. Attendee.com will not publish, use or disclose a user’s confidential information except that such confidential information may be disclosed (i) to employees on a need to know basis and as may be reasonably required in connection with the performance of Attendee.com’s obligations, or (ii) in connection with the defense of any action; or (iii) as authorized by the user or by these Terms. If Attendee.com is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any confidential information of the user, Attendee.com will reasonably cooperate with the user and provide the user with prompt notice of such request(s) as reasonably possible or so that the user may seek an appropriate protective order.

The obligation at this clause shall continue during and after termination of this agreement but shall cease to apply to information or knowledge which (i) has become public knowledge otherwise than through any unauthorized disclosure or other breach by Attendee.com (ii) Attendee.com lawfully receives from a third party without restriction on disclosure and without breach or nondisclosure obligation; or (iii) Attendee.com knew prior to receiving or acquiring such information or develops such information independently.

Attendee.com shall maintain on the Site a current Privacy Policy detailing what information Attendee.com collects from users, how that information may be used and/or shared with third parties and how users may opt out of certain collection, use or sharing of information and how Attendee.com may contact users with offers of Services.

You agree that Attendee.com may use and maintain your data according to the Privacy Policy, as part of the Services. You give Attendee.com permission to combine information you enter or upload for the Services with that of other users of the Services and/or other services offered by Attendee.com. Because Attendee.com respects your privacy, we detail how information about you may be collected, used, stored, transferred, sold, or otherwise processed (herein “Methods”). Both parties agree that the Methods descried herein shall be a good-faith and reasonable disclosure of the methods currently used to process, store, transfer or sell information about you, subject to change at any time without notice. We strive to disclose our Methods in a consistent and transparent manner. The information here shall supersede all information in our Privacy Policy if a conflict between these terms and our Privacy Policy exists. Further, our Methods and policies are subject to modification or deletion at any time, and without any obligation on our part to notify our users.

 

A. Data and Information We Collect

The Service uses digital network techniques to obtain and process data about your internet connection, your geographic location, your computer’s (or cellular device) operating system and browser information, and your internet protocol (IP) address. Some of this information may fall into a category of data known generally as Personally Identifiable Information (“PII”). Generally PII is any information that can be used, either on its own or in conjunction with other information about you, to identify who you are. Because of the way the technology landscape has changed, an increasing reliance on mobile devices, and other integrated third party services (like social media services) that provide and capture content on the web, pieces of information that we once considered harmless to privacy are today potentially more sensitive.

By accepting these Terms and Conditions, you acknowledge that the Service may collect a variety of information about you that may fall under any number of definitions of PII. You agree that this information belongs to the Service, and you consent to the Service’s use, storage, process, transfer, and synthesis of that information.

 

B. Methods for Collection

The Service is what is considered a hosted webservice. This means that when you access the Service, your web browser engages in a two party communication with our computer servers. Part of that communication requires your browser to send our computer servers connection and other signal information about the collection, the transaction, and the status of the network you are connected to. When you make a request for information, or send us information through this digital conversation, you are sending information that may fall under a definition of PII. Our computer servers collect information about your IP address, connection date and time, connection location, browser and operating system type and version, as well as the pages and services you are requesting by storing each digital conversation in what is called an “Access log.” This Access log is kept on our computer servers, and may be used to piece information about your visit and interaction with our Service together.

We may also use this information with other information you provide to generate insights about your purchasing behavior, or about what products and services you may find useful and not useful. By accepting these terms you agree to share this information with us, and further acknowledge that all of that information and the resulting synthesis is the property of the Service.

In addition, we may also collect information about you that you voluntarily provide to us through the use of an online form, questionnaire, or email correspondence.

 

C. Storage, Processing, Transfer, and Solicitation

By accepting these Terms and Conditions, you agree that any and all information or data collected by the Service belongs to the Service. You further acknowledge that the Service may use this information and data, either in conjunction with other information or data we obtain about you or on its own, to sell you additional services and products, or share that information with other third parties. You agree that it shall be in the Service’s sole discretion how, when, and with whom this information and data is shared.

Because your data is collected and comes to us in digital form, we use computer hardware and software to store, process, organize, manipulate, and transfer it. You acknowledge that it is within the prerogative of the Service to decide how we process, store, organize, transfer, or otherwise manipulate data or information about you and your interaction with the service or other third parties that we may be affiliated with.

 

D. European Union Data Privacy Directive and Privacy Shield

If you are a European Citizen, data or information about you may be protected by heightened data privacy requirements. We take every effort to ensure that we can properly identify those who use our service as those who may be European Citizens. By accepting these Terms you acknowledge that the methodology used to make this determination — which will usually be the location associated with your IP address — is not perfect, and that on occasion we may make an error in our identification. If it is the case that we do misidentify an individual as a non-EU citizen when, in fact, they are an EU citizen, you agree to hold the Service and all of its affiliates harmless for any action at law or in equity, whether within the United States or within the European Union, including but not limited to actions that may be brought by the European Court of Justice (ECJ).

The Service respects and makes every effort to uphold the objectives and policies that are contained in the US-EU Privacy Shield. If you have any questions or concerns about this section, we encourage you to read more about the US-EU Privacy Shield here: https://www.privacyshield.gov/welcome.

 

E. Accuracy and Integrity of Data We Collect

The Service’s Privacy Program makes all attempts to comply with the OECD’s Fair Information Practice Principles. Part of the FIPPS includes policies that attempt to uphold data integrity and accuracy.

Accuracy refers to the quality of information or data about who you are, your purchasing preferences, or information about your purchasing preferences obtained from other third party partners. We are committed to keeping information about you accurate but recognize that no one can be perfect. If, for any reason, you learn that data or information that we have about you is somehow inaccurate, we encourage you to contact our Privacy Program Director at: Privacy@attendee.com. We will take steps to correct any information about you that you have identified to us as being inaccurate or incomplete.

Data Integrity refers to the completeness and security of information or data that we may have about you. We take steps to ensure to a reasonable degree that the integrity of the data or information we have about you is of the highest quality. If you believe that the integrity of data or information about you is compromised, please contact our Privacy Program Director at: Privacy@Attendee.com.

 

F. Children’s Information (COPPA)

This website and our Service is not intended for use by children under the age of 13. If we become aware that we have collected information from a child below that age, we will take immediate and exhaustive steps to remove that information from our systems.

 

G. Law Enforcement and National Security Requests

United States Law Enforcement Agencies have certain powers to make requests for information from our Service that they believe may be evidence of a crime, or that they believe may lead to evidence about a crime that has been committed. Law Enforcement Agencies seeking this information are generally required to present to the Service several types of legal process before we are required to release such information. Generally, it is our practice to require Law Enforcement Agencies to present to us valid process before we will turn over any data or information about you. If we are presented with adequate process and turn over data or information about you, we will inform you of such occurrence, unless we are required by law to not disclose such Law Enforcement Requests.

In addition, we may also be presented with legal process compelling that we turn-over information about you related to a National Security Investigation. This Service complies with all National Security Investigation requests that are supported by adequate legal process. We will inform you that such process has been submitted to us, unless we are prevented from disclosing the existence of legal process for purposes of a National Security Investigation.

For Law Enforcement Agencies seeking to contact the Service in anticipation of making a request for information, please contact our Privacy Program Director at Privacy@Attendee.com or to LawEnforcement@Attendee.com.

 

H. Web Tracking, Cookies, Pixels, and Other Services

A cookie is a type of text script which is generally used by web services to record your preferences, and which can help identify your visit to our web Service. There are two primary types of cookies: Single Session and Persistent Cookies. A single session cookie is only active for the time you are on a webpage. Once you close your browser, the cookie becomes inactive, and no longer tracks your movements on the web. A persistent cookie is a cookie that continues to operate even once you’ve left the website that gave you the cookie. These cookies are generally more privacy-invasive because they can continue monitoring a user’s activity even after that user has left the website. And because other web services use centralized ad networks, visiting a second or subsequent web service with active cookies can help these ad networks correlate where you’ve been on the web, where you may be likely to go next, or even be able to identify you.

Currently, the Service uses both types of cookies to provide the best service to you. In addition, the Service will not acknowledge Do Not Track requests, unless doing so is compulsory.

The Service will provide links to information on other sites, such as popular Social Media Sites, where we do not control the privacy or tracking policies of those site, and thus are not responsible for their practices. We may also sell or share your information with third parties.

By agreeing to these Terms, you acknowledge that you understand how we collect and share information and data about you and agree to our cookie policy. In addition, you acknowledge that we own the information and data about you that you provide or that we capture during your interaction with our service, subject to applicable laws to the contrary.

 

I. Contacting Us About Your Privacy & Additional Information

If, for any reason, you no longer wish to interact with the Service, and wish to delete your account, along with the data and information about you, we have provide a service for doing so. Please email your full account details, including SCREENNAME, LOGIN INFORMATION (but not including passwords) to Delete@Attendee.com.

Information that we currently have about you which we have not shared or sold will be deleted from our systems within 30 days of your request.

For additional information about your privacy and your rights, please contact our Privacy Program Director at Privacy@Attendee.com.

 

J. User Submitted Information & Payment Data

All User Information inputted by the user on event pages posted by a Subscriber on the Services will be shared with the applicable Subscriber and may also be used by Attendee.com in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable user. Payment Data (as defined below) will not be shared with Subscribers. Each user acknowledges and agrees to this sharing and understands and agrees that each Subscriber is solely responsible for the use of User Information that was provided to such Subscriber through the Services and that Attendee.com is responsible only for its own use of User Information. Each Subscriber represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to User Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to User Information; and (c) upon a request of a given user, or Attendee.com, Attendee.com is authorized at its discretion to delete or anonymize User Information of a requesting user from the Services at which time it will no longer be available to Subscriber through the Services or will no longer be linked to an identifiable user through the Services. However, users should note that User Information may still be available in the Subscriber’s own databases if transmitted prior to Attendee.com receiving the underlying request. For purposes of this Section, “User Information” means information about a given user made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and expiration date, and phone numbers, but excluding Payment Data.

Attendee.com will not share with a Subscriber any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by a user on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events. All Payment Data is maintained by Attendee.com’s approved third party payment processor.

Governing Law; Dispute Resolution; Choice of Venue. These Terms are governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Attendee.com and user, subject to the arbitration provisions contained in this Section, hereby irrevocably consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the State of New Jersey, County of Passaic for the purposes of adjudicating any matter arising from or in connection with these Terms of Use or use of Services except, however, for those matters to be arbitrated.

Any dispute or controversy between the User and Attendee.com arising out of, relating to, associated with these Terms of Use (and the terms and provisions contained therein), or the breach thereof, shall be submitted to and determined by arbitration in the State of New Jersey, County of Passaic, pursuant to the rules then obtaining of the American Arbitration Association. The determination of the arbitrators shall be final binding and conclusive upon all parties and may be enforced not only in the courts of the State of New Jersey, County of Passaic, to which jurisdiction the parties hereto agree to submit, but in any court of competent jurisdiction. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in this Section prior to the commencement of an arbitration proceeding without waiving his right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.

The arbitrator or arbitrators sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of these Terms of Use to render an award which by its terms, has the effect of altering or modifying any express condition or provision of this agreement, and the arbitrators’ failure to comply with this provision shall constitute grounds for vacating an award.

Revisions to Terms of Use. Attendee.com may revise these Terms from time to time and will notify user in writing of any such revision, through notification on the Site. A user’s continuing request for Services will indicate his/her acceptance of the revised Terms in any event.

Feedback. Where user wishes to raise any queries, concerns or complaints with Attendee.com, user should write Attendee.com via postal mail or submit a ticket on the Site.

Severability. If any court of competent jurisdiction, arbitrator or arbitration panel finds any provision of these Terms to be unenforceable, the remaining provisions shall be unimpaired and the unenforceable provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable to achieve the like fundamental benefits, effect and economic intent of such provision.

No third party beneficiary rights. No person, firm, corporation, partnership, business, entity or business organization, except as specifically provided for herein, shall be deemed a third party beneficiary under this agreement.

Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all agreements or understandings, whether written or oral, between the parties with respect to such subject matter. Any capitalized term used shall have the meanings set forth herein. No other right exists between the parties and none shall be implied from conduct or otherwise.

Survival. Any provision of these Terms which, by its nature, would survive termination or expiration of this agreement will survive any such termination or expiration of this agreement, including, but not limited to this Section and the Liability Section and the Confidentiality Section.

Notices. All notices required or permitted under these Terms shall be made in writing and, if to the user, at the address listed in his application or to such other address as the user may specifically indicate to Attendee.com in writing that all notices are to be sent: if to Attendee.com, at its principal office or to such other location that Attendee.com may indicate in writing from time to time.

Amendments must be in writing. Except as otherwise provided in these Terms, Attendee.com shall not be bound by any amendment, supplemented, cancellation or discharge of the Terms of Use except if the same is in writing and signed by an authorized officer of Attendee.com.

Waiver. All waivers of any of these Terms by Attendee.com must be in writing. Any delay or failure by Attendee.com to exercise a right or privilege under these Terms, or a partial or single exercise of that right or privilege shall not constitute a waiver of that or any other right or privilege.

ADDITIONAL TERMS OF USE APPLICABLE TO SUBSCRIBERS OF THE SERVICE

The following terms and conditions are applicable to users who create, promote and/or collect sales proceeds for an event selling tickets and/or registrations (“Subscribers” or “you” or “your”).

The Site is a neutral platform and Attendee.com is not a party to any agreement or other transaction between a Subscriber and a user. We urge you to be responsible about your use of the Site and any transaction entered into as a result of listing an event on the Site. Unless otherwise agreed to in writing, we do not manage, nor can we contract for you or a user regarding any event listed on the Site. The Site acts as a platform to allow Subscribers and Subscribers’ representatives to create, promote and/or collect sales proceeds for an event posted on the Site, as well as a way for users and Subscribers to communicate with one another and enter into a ticketing or registration transaction. Because we are not a party to any transaction between users and Subscribers, any part of an actual or potential transaction between a user and a Subscriber, including the quality, condition, safety or legality of the events advertised, the truth or accuracy of the event posting (including the content thereof or any review relating to the event), and the ability of Subscribers to hold an event or the ability of users to purchase tickets for or register for any event, are solely the responsibility of the Subscribers and users.

By posting an event on the Site and by maintaining any event page on the Site, Subscriber is representing and warranting to Attendee.com the following and agrees to notify Attendee.com immediately if any of the following representations or warranties are no longer true or accurate:

a. Subscriber has the authority to post the event to the Site, to sell tickets and/or registrations to such event and to enter into, execute and perform the obligations set forth in these Terms of Use;

b. Subscriber is the operator of the event or the duly authorized representative of the operator of the event and is legally authorized to transact business and to sell tickets and/or registrations to the event to Users; and

c. Additional authorization, approval or acknowledgment of any other parties is not required in order for Attendee.com to perform the Services.

Subscriber agrees to designate an event manager or an event management team who will be responsible for communicating with Attendee.com and users with respect to events, answering questions about the events, and dealing with other issues that may arise prior to or during an event.

It is your responsibility to establish the applicable prices for purchasing tickets and/or registering for your events and to ensure that such price is accurate. If a user purchases a ticket or registers for an event at a particular price, you acknowledge and agree that the ticket or registration price constitutes an essential part of a binding agreement between you and the user. You further agree not to alter the ticket price or registration price for any user once accepted and paid by such user.

Our Site includes events from other Subscribers. We may present your event on our Site in conjunction with other Subscribers’ events in any manner we determine suitable in our sole discretion. Our presentation of your event will be based on the information you provide in the Attendee.com Event Web Portal. You acknowledge that it is your sole responsibility to ensure all information regarding your event is accurate and correct in all respects, including, without limitation, the event name, place, date and time, price, applicable fees (if any), refund policies, directions, entry instructions, local contact numbers, applicable taxes and any additional details that Users would need in order to book, attend and enjoy the event.

You understand that Attendee.com is not liable for any loss, damage or injury to any person or property in connection with the attendance of an event by a user.

You agree to promptly address any complaints made by users, including, but not limited to, complaints relating to the purchasing tickets and/or registering for or attending an event. You understand that if reasonable complaints are not addressed promptly you will be suspended from listing your events on our Site and/or obtaining our Services until such time as such complaint is addressed in a suitable manner. Notwithstanding the foregoing, you agree that you are solely responsible for resolving disputes with users. We reserve the right, but have no obligations, to mediate disputes between you and users.

User verification is difficult and we cannot, and do not assume any responsibility for the confirmation of any user’s purported identity.

Subscribers agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their event and selling tickets and/or registrations for their event, including but not limited to any and all local, state and federal ordinances, laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements and compliance with all anti-discrimination laws, as applicable. Please be aware that, even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to events listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your event listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.

As part of the list of an event on the Site or at any time following such listing, you may be required by Attendee.com to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”), including, but not limited to, current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or driver’s license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for listing events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.

You agree that Attendee.com is permitted to share Registration Data and any Additional Registration Data and information relating to your events and transactions on the Services with our Payment Processing Partner (as defined below) to the extent your transactions or events involve such third party. In addition, you authorize Attendee.com to verify your Registration Data and Additional Registration Data and conduct due diligence on you through third parties, including third party credit reporting agencies.

We reserve the right to suspend your Attendee.com account in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide any Additional Registration Data as requested by Attendee.com.

Attendee.com collects all sales proceeds from ticket, registration and merchandise sales and donations solicited via the Services (collectively, “Event Fees”) using third party payment service, Stripe (https://stripe.com).

For the avoidance of doubt, Attendee.com does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to a Subscriber other than serving as a limited payment collection agent as set forth below. Attendee.com works with Stripe (the “Payment Processing Partner”) and you and Attendee.com are subject to the rules and regulations of such Payment Processing Partner. For convenience, Attendee.com shows you a balance of proceeds for your events in your Attendee.com account, however, that balance merely reflects the amount of Event Fees collected by a third party payment service or by our Payment Processing Partner.

Upon an order being placed by a user and confirmed through Attendee.com, Attendee.com generates a confirmation message and issues a unique confirmation number for such user’s order. Subscriber agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by Attendee.com through the Services, and it is your responsibility to verify a user’s confirmation number and/or any event restrictions prior to the applicable event.

Subscriber Fees

Subscribers agree to pay Attendee.com all applicable service fees for each ticket, registration or other item sold or donation solicited via the Services (the “Service Fee”). You also agree to pay Attendee.com the additional Payment Processing fee (the “Payment Processing Fee”) for each ticket, registration or other item sold or donation solicited via the Services. The Service Fee varies from time to time and the current fees can be found at www.attendee.com/calculator. Note that these fees are subject to change from time to time with respect to transactions that occur following the change. In addition, Subscribers may from time to time request additional Services from Attendee.com, including without limitation, marketing and promotion services, on-site services and dedicated account management, which Attendee.com may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such ancillary Services (the “Ancillary Fees”) will be disclosed to you prior to your acceptance of such Services. The Service Fee, the Payment Processing Fee and the Ancillary Fees are referred to herein collectively, as the “Fees.” In the event a Subscriber chooses to cancel a subscription, such cancellation will be processed at the start of the next calendar month. For the avoidance of doubt, refunds for subscription cancellations prior to the start of the month will not be pro-rated.

For risk management and security reasons and to meet the requirements imposed by our Payment Processing Partner, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process and you authorize us to reject any transaction over that limit.

Payment processing occurs directly through our Payment Processing Partner. Attendee.com will cause our Payment Processing Partner to pass along all Fees related to such event that have been collected by our Payment Processing Partner upon receipt of such Fees, subject to (i) deduction of all applicable Fees then due; (ii) any other deductions authorized pursuant to these Terms of Use; and (iii) any reserves established as described in more detail below. Such payouts will be made only to the payout information designated by the Subscriber’s authorized representative. Payouts are made through our Payment Processing Partner.

Subscriber hereby appoints Attendee.com as Subscriber’s limited payment collection agent solely for the purpose of collecting payments made by users for such events through our Payment Processing Partner. Subscriber agrees that a payment made by a user to Attendee.com shall be considered the same as a payment made by a user directly to Subscriber and Subscriber will sell or provide all advertised goods and services to the user as if Subscriber had directly received the Event Fees from such user, regardless of whether the Event Fees have yet been received by Subscriber from Attendee.com. Subscriber agrees that in its role as limited agent, Attendee.com is authorized to (i) enable users to transfer or upgrade a ticket and/or registration (if such transfers are permitted by Subscriber during the event registration process); (ii) hold, disburse and retain proceeds on Subscriber’s behalf; (iii) issue refunds to users as set forth below; and (iv) manage credit card chargebacks as set forth below. In accepting appointment as the limited agent of Subscriber, Attendee.com assumes no liability for any acts or omissions of Subscriber and Subscriber understands that Attendee.com’s obligation to pay Subscriber is subject to and conditional upon receipt of the associated Event Fees from users. Subscriber further authorizes Attendee.com to delegate its obligations to certain of its affiliated entities, provided, that Attendee.com will remain liable for the discharge of its obligation by such affiliated entities.

Subscriber agrees that all Event Fees for a given event are earned by Attendee.com only following the conclusion of the applicable event. Attendee.com, in its discretion, may determine to advance a portion of Event Fees to Subscriber on such terms and conditions that Subscriber and Attendee.com agree to in a separate writing. Subscriber agrees that any payments made by Attendee.com of Event Fees prior to the 14th business day after the end date of the applicable event are merely advances of amounts that may become due to Subscriber under these Terms of Use. If Attendee.com decides to advance a portion of Event Fees to Subscriber, Subscriber acknowledges and agrees that Attendee.com may at any time (i) terminate or suspend Subscriber’s right to receive such advance payments; and/or (ii) alter the terms (i.e. frequency, reserve rate and maximum aggregate cap) of such advance payments made to Subscriber. In addition, Subscriber agrees that Attendee.com may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Subscriber’s credit profile or the underlying event(s)’ risk profile, or breaches of these Terms of Use. Upon receipt of notice of any such demand, Subscriber shall thereupon promptly pay back to Attendee.com the portion of any such advance demanded. Subscriber acknowledges and agrees that Attendee.com has the right to withhold funds as set forth herein. Subscriber also acknowledges and accepts its obligation to reimburse Attendee.com for refunds and credit card chargebacks.

No payments shall be made to Subscriber with respect to any event that is cancelled or with respect to which Attendee.com believes there is a risk of cancellation or nonperformance, unless Attendee.com receives adequate security (as determined by Attendee.com in its discretion) for Subscriber’s obligations hereunder. In addition, no Event Fees for a given event shall be earned until that event is successfully completed. If payments have already been made to a Subscriber for a cancelled event, Subscriber will immediately refund to a payment address designated by Attendee.com all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made. Notwithstanding the forgoing, Attendee.com reserves the right to automatically charge Subscriber for any fees collected by Subscriber that were not refunded due to cancellation or non-performance.

Attendee.com reserves the right to retain a certain percentage of Event Fees (with such percentage being determined by Attendee.com in its discretion) to fund a reserve (i) at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Subscriber’s credit profile or the underlying event(s)’ risk profile; and (ii) as otherwise necessary to secure the performance of your obligations under these Terms of Use. Attendee.com’s right to hold a reserve shall continue following the applicable event(s) and until either (a) Subscriber has discharged all obligations under these Terms of Use and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed or (b) Subscriber has otherwise provided Attendee.com with adequate security (as determined by Attendee.com in its discretion) for its obligations under these Terms of Use, whether matured or unmatured, contingent or non-contingent, or liquidated or unliquidated.

Any credit card chargebacks or other transaction reversals initiated against Attendee.com or its affiliates for any reason (except to the extent they are caused solely by Attendee.com’s negligence or willful misconduct) with respect to a Subscriber’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses incurred by Attendee.com in connection with such chargebacks shall ultimately be the responsibility of Subscriber, and Subscriber agrees to promptly and fully reimburse Attendee.com for such amounts on demand. As part of Attendee.com’s limited payment collection agency, Attendee.com will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Subscriber and Subscriber hereby authorizes Attendee.com to do so and agrees to use reasonable efforts to cooperate with Attendee.com in such re-presentment. However, Attendee.com shall have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Subscriber’s refund policy. Both parties agree that Attendee.com’s loss of any chargeback that has been re-presented by Attendee.com shall not in any way limit Subscriber’s obligation to reimburse Attendee.com and its affiliates under this paragraph.

Subscriber agrees to communicate a refund policy to users with respect to each event posted on the Services and to administer such policy in accordance with its terms. All refunds must be processed through Attendee.com, unless otherwise agreed by Attendee.com. Subscribers can issue refunds to users directly through the Services within certain windows permitted by our Payment Processing Partner. If the refund is outside such windows, then it will need to be processed manually by Attendee.com, through our Payment Processing Partner. Attendee.com may determine in its discretion not to process any refunds which are manual, in which case they will be processed directly by Subscriber. All disputes regarding refunds are between Subscriber and users. In the event of a dispute, Attendee.com may try to mediate, but ultimately it is the obligation of Subscriber to settle the dispute.

Notwithstanding the foregoing, Subscriber authorizes Attendee.com to make refunds in the following situations (i) Subscriber specifically authorizes the refunds at the time; (ii) Attendee.com believes in its discretion that specific orders should be refunded under the Subscriber’s posted refund policy, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation; (iii) Attendee.com believes in its discretion that the refund request, if not granted, will lead to a chargeback that Attendee.com is more likely than not to lose; (iv) Subscriber failed to list a refund policy on the applicable event page and Attendee.com believes in its discretion that a refund would be reasonable under the circumstances; (v) Attendee.com believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or (vi) Attendee.com believes in its discretion that the order is a duplicate. Subscriber also authorizes Attendee.com to make refunds of any and all orders (including those for unrelated events) if (a) Attendee.com believes in its discretion that Subscriber has engaged in any fraudulent activity or made any misrepresentations; (b) Attendee.com believes in its discretion that there is substantial risk of nonperformance by Subscriber with respect to the applicable event or future events; (c) Attendee.com believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or (d) Attendee.com believes in its discretion that failing to make the refunds would otherwise expose Attendee.com to legal liability. Because all sales are ultimately made by Subscribers, Subscribers hereby agrees to promptly and fully reimburse Attendee.com upon demand for refunds that Attendee.com, other than to the extent that the necessity for such refunds are caused by Attendee.com’s negligence or willful misconduct. Subscriber acknowledges and agrees that chargebacks will result in losses to Attendee.com in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Attendee.com is mitigating such losses and its damages with respect to Subscriber’s breach of these terms and conditions.

In the event that Subscriber fails to pay to Attendee.com any amount owed pursuant to the Terms of Use due and following a late payment notice being delivered by Attendee.com, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (i) one and a half percent (1.5%) per month, compounded monthly; and (ii) the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations. In the event any amounts are owed by Subscriber to Subscriber under these Terms of Use, Attendee.com may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations, send an invoice to Subscriber for such amounts to the extent Subscriber’s outstanding balance is insufficient to cover these costs, in which case Subscriber shall pay Attendee.com such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Attendee.com hereunder is not made by Subscriber when due and after receiving a late payment notice from Attendee.com, Attendee.com reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Subscriber’s registration for the Services (including any and all accounts that Subscriber may have). Subscriber agrees to promptly and fully reimburse Attendee.com upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Attendee.com in collecting past due amounts from Subscriber under these Terms of Use or otherwise.

Subscribers are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to use of the Services and each Subscriber agrees that it is their sole responsibility to, and that it will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities. Attendee.com cannot give you legal or tax advice, so please be sure to check with a tax advisor about any applicable Taxes. In the event that a governmental authority requires Attendee.com to pay any Taxes attributable to your use of the Services, Subscriber agrees to promptly and fully reimburse Attendee.com for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.

Attendee.com has the right to sell ancillary products and services, for a commission, to users. You are not entitled to any commissions earned from the sale of these products or services.

Certain advertising information may be displayed on our Site and/or through our Services in our sole discretion. The display of advertising information shall not entitle you to any advertising fees or revenues from such advertising unless otherwise explicitly agreed to in writing by us. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Attendee.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers as a part of our Services.

Subscriber understands and agrees that Attendee.com has made no guarantees (written or verbal) with respect to attendance or income levels for any event.