Eventbrite Ads Terms and Conditions

• These Terms
• 1. About the Ads Services.
• 2. Campaigns and Payments.
• 3. Your Ad Content, Ownership Rights, and License to Eventbrite.
• 4. Termination, Terms Violations, and Refunds.
• 5. Your and Our Representations and Warranties.
• 6. Eventbrite’s Disclaimer of Warranties.
• 7. Protecting Eventbrite against Harm or Loss; Eventbrite’s Maximum Liability.
• 8. Governing Law and Dispute Resolution; Miscellaneous.

These Terms

Advertiser understands and agrees that by purchasing or using the Eventbrite Ads Services, Advertiser accepts and is bound by these Ads Terms and the Terms of Service.  If you do not agree to these Ads Terms, do not use or access the Eventbrite Ads Services. If you will be using the Eventbrite Ads Services on behalf of an entity (such as on behalf of your employer), you agree to these Ads Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “Advertiser,” "you" and "your" will refer to that entity as well as yourself.

These Ads Terms supplement (and do not supersede or replace) either the Terms of Service or Privacy Policy, or any other Eventbrite policies.  Any capitalized terms not otherwise defined herein will have the meaning ascribed to them when initially defined in either the Terms of Service or Privacy Policy. In the event of any conflict between the Terms of Service and these Ads Terms, these Ads Terms will govern to the extent of the conflict. In the event of any conflict between any statement on the Eventbrite Boost platform, or the Eventbrite Ads Tool (defined below), and these Ads Terms, these Ads Terms will govern to the extent of the conflict. For clarity, Eventbrite may modify these Ads Terms from time to time as provided in the Terms of Service.

1. About the Ads Services.

1.1 “Eventbrite Ads Services,” means Eventbrite’s incorporation, display, and publication of Featured Content in Content Channels (defined below) (“Placement”), in the manner specified by the Advertiser when purchasing Eventbrite Ads Services through the Eventbrite Ads tool available within the Eventbrite website (“Eventbrite Ads Tool”) or as otherwise mutually agreed upon by Eventbrite and Advertiser in writing. The Eventbrite Ads Services are deemed to be a “Service” for all purposes under the Terms of Service.

1.2 The “Content Channels” mean the websites, mobile applications, blogs, emails, newsletters, social media posts, and other content channels and/or advertising opportunities operated and/or utilized by Eventbrite, including, without limitation, Eventbrite’s search results pages and the display pages of events listed on the Services (each event, an “Event”).

1.3 Eventbrite may partner with any third-party vendor, fulfillment partner, Organizer, venue owner, asset owner, marketing agency, or media broker (each, a “Fulfillment Partner”) to offer the Eventbrite Ads Tool and Services.

1.4 You acknowledge and understand that the Eventbrite Ads Services are provided as part of an early-release, early-access program by which Eventbrite agrees to make available certain beta and other pre-release software, services, equipment, and related documentation, materials, and information to Advertiser from time to time on a voluntary basis for the purpose of providing Eventbrite with feedback on the quality and usability of the Eventbrite Ads Services. You further acknowledge and understand that the Eventbrite Ads Services may not meet the same level of performance as that of a commercially available product offering, and that the Eventbrite Ads Services may not operate correctly and are subject to substantial modification, including deprecation, during and after your use. Notwithstanding anything to the contrary herein, Eventbrite may revoke Advertiser’s access to the Eventbrite Ads Services and terminate these Ads Terms at any time. The Eventbrite Ads Services may not be available in all markets.

2. Campaigns and Payments.

2.1 In order to use the Eventbrite Ads Tool, Advertiser must provide Eventbrite with a completed campaign selection flow as provided within the Eventbrite Ads Tool (the “Insertion Order”) and must provide Eventbrite with a valid credit card upon Eventbrite’s request.  In the event of a conflict between an Insertion Order and these Ads Terms, the Insertion Order will govern to the extent of the conflict. Eventbrite does not guarantee timely acceptance of an Insertion Order. Eventbrite may decline any Insertion Order for any reason, in its sole discretion.

2.2 An “Ad Impression” means each time a single user or user device has been exposed to Featured Content during a Placement of Featured Content, as determined by Eventbrite, at its sole discretion. The cost per Ad Impression will vary, within a range that is available for review. Ad Impressions are dynamically priced based on performance metrics and other factors determined and administered by Eventbrite in its sole discretion, and their delivery is intended, but not guaranteed, to fulfill Advertiser’s maximum specified budget. The Fees for each Insertion Order will be billed regularly in arrears based on allocation of the campaign budget.  Advertiser acknowledges and agrees that Eventbrite will charge Advertiser’s credit card this amount in accordance with the formula above.

2.3 If Eventbrite is unable to charge Advertiser’s credit card in the amount of the Fees (as defined in the Merchant Agreement) owed, Advertiser agrees to pay such Fees within 10 days after Insertion Order is made. All Fees payable under these Ads Terms are net amounts and are payable in full, without deductions for any sales, use, excise, value-added, withholding or similar taxes or duties that may be applicable. Eventbrite may, without prejudice to any other rights or remedies, at its option, charge Advertiser interest on any past due Fees at one and one half (1.5%) percent per month, calculated in US dollars, or the maximum rate permitted by law, whichever is less, and additionally charge all expenses of recovery.

3. Your Ad Content, Ownership Rights, and License to Eventbrite.

3.1 “Featured Content” means the artwork, text, graphics and media files featuring Advertiser or Advertiser’s Offering(s) (as defined below) for publication in Content Channels, including, without limitation, images, messaging (including calls to action), and core campaign colors. Featured Content includes any Event listing or excerpts thereof used for publication in Content Channels via the Eventbrite Ads Services. Advertiser agrees to deliver to Eventbrite any materials and other deliverables required by Eventbrite to publish the Featured Content and to fulfill any Offerings. For Placements of Featured Content on the Eventbrite Site, Eventbrite will endeavor to preview the Placement to Advertiser. Featured Content must comply with the Ad Content Guidelines, which are incorporated herein by reference, and all applicable laws and regulations, and Advertiser is solely responsible for ensuring that Featured Content is in compliance.

3.2 In the event that Advertiser fails to provide such materials or approve any Featured Content as required under this Section:

1. Eventbrite may, at its discretion, modify the date of the Featured Content’s Placement or terminate the Eventbrite Ads Services for such Featured Content, and

2. Eventbrite will not be liable to Advertiser or any third party for any delay or failure in the performance of the Eventbrite Ads Services.

3.3 Eventbrite reserves the right to reject, at its sole discretion, any content Advertiser submits for Featured Content, and Eventbrite and its Fulfillment Partners have final approval rights over all Featured Content. The Featured Content will be distinguished in the Content Channels as paid, sponsored, advertised or promoted content, and Eventbrite retains full discretion over the content surrounding the Featured Content.

3.4 Eventbrite retains full discretion over the specifications for each Placement. Advertiser acknowledges that absent a written agreement otherwise, Featured Content may be displayed in proximate distance to substantially similar or competing content advertised by any third party(ies), and that Eventbrite does not guarantee Advertiser’s exclusivity as an Advertiser or advertiser in any category. Without limiting the generality of the foregoing, the Eventbrite Ads Services are provided on a nonexclusive basis, and nothing in these Ads Terms or any Insertion Order will limit Eventbrite’s or any Fulfillment Partner’s right to sell or offer available Content Channel inventory itself, or provide other third parties the right to sell or offer available Content Channel inventory.

3.5 As between Advertiser and Eventbrite:

1. Advertiser owns and retains all right, title and interest in and to the content it provides to Eventbrite for the Featured Content (“Advertiser Featured Content”), and all intellectual property rights therein; and

2. Eventbrite owns and retains all right, title and interest in and to

   1. any content it provides to the Featured Content excluding any of Advertiser’s intellectual property rights in and to the Advertiser Featured Content; and

   2. the Content Channels, and all intellectual property rights therein.

3.6 Advertiser hereby grants to Eventbrite a royalty-free, worldwide, non-exclusive license to use, perform, distribute, display, transmit, modify, and reproduce the Featured Content as reasonably required to enable Eventbrite to perform the Eventbrite Ads Services.

4. Termination, Terms Violations, and Refunds.

4.1 The terms regarding duration and termination that pertain to these Ads Terms are set forth in Section 4 of the Terms of Service. For the purposes of this Section 4, references to the defined word Terms in Section 4 of the Terms of Service shall mean these Ads Terms. Upon the expiration or termination of these Ads Terms:

1. all amounts Advertiser owes to Eventbrite that have not yet been paid will become immediately due and payable; and

2. Eventbrite’s obligation to perform the Eventbrite Ads Services will immediately expire. If Advertiser terminates (or attempts to terminate) these Ads Terms for any reason other than Eventbrite’s material breach, Advertiser will still owe Eventbrite all fees stated in the Eventbrite Ads Tool, and all such fees will become immediately due and payable, even if the Eventbrite Ads Services associated with such fees have not yet been performed.

4.2 Eventbrite and any Fulfillment Partner may terminate any Insertion Order or campaign, or portion thereof, in Eventbrite’s or any Fulfillment Partner’s sole discretion if Eventbrite or its Fulfillment Partner believes that it violates these Ads Terms, our Terms of Service, our Community Guidelines, our Ad Content Guidelines, or any other applicable terms and conditions or policies, or for any other reason, with or without notice to Advertiser.  If you violate any of these Ads Terms, or any other applicable terms or policies, including without limitation, the Ad Content Guidelines, Eventbrite reserves the right (without limitation of any other legal or contractual remedies it has) terminate, limit or suspend your access to the Eventbrite Ads Tool or Services.

4.3 Fees for the Eventbrite Ads Services are not refundable. As an example, if, in accordance with these Ads Terms, Eventbrite or any Fulfillment Partner declines or discontinues any Insertion Order or portion thereof prior to the conclusion of the applicable Event, Eventbrite is not obligated to provide any refund or credit for any advertising or subscription Fees. However, in certain circumstances determined by Eventbrite, Eventbrite may, in its discretion, elect to offer a full or partial refund or credit. Refund requests must be received within 30 days of the applicable charge, and Eventbrite retains discretion over whether refunds are issued as a credit for Services or a refund to Organizer’s original payment method.

5. Your and Our Representations and Warranties.

5.1 Each party represents and warrants to the other that

1. it is duly organized, validly existing and in good standing under the laws of the state of its formation;

2. it has all requisite power and authority to agree to these Ads Terms and to carry out the transactions stated in these Ads Terms;

3. the agreeing to and performing under these Ads Terms will not result in any breach of, or constitute default under, any agreement to which it is a party; and

4. each party has the full right, legal power and actual authority to bind such party to these Ads Terms.

5.2 Advertiser represents, warrants and agrees that

1. it owns, or has obtained, all rights, title, and licenses (including, without limitation, any third party permissions and consents) necessary to provide the Featured Content to Eventbrite, and to enable Eventbrite to perform the Eventbrite Ads Services without the requirement of paying any additional fees, royalties, or compensation to any third party;

2. its Featured Content, and its use of the Eventbrite Ads Services, does and will comply with all applicable laws, including, without limitation, all advertising laws, rules, and regulations and does not violate the rights of any individual or entity;

3. its Featured Content does and will comply with these Ads Terms and Eventbrite’s Ad Content Guidelines; and

4. Advertiser in good faith intends for the Event advertised within the Featured Content to take place as stated in such Featured Content, and Advertiser agrees to notify Eventbrite immediately if it knows, or has reason to believe, that the foregoing representation and warranty may no longer be accurate.

5.3 Notwithstanding anything to the contrary herein, Advertiser acknowledges and agrees that, as between Advertiser and Eventbrite, Advertiser will be solely responsible for

1. the offerings, brands, goods, events or services (individually and collectively, “Offerings”) Advertiser is advertising under these Ads Terms and 

2. its compliance with all applicable laws, rules and regulations, including without limitation, advertising laws, and that with respect to each of (i) and (ii), Eventbrite will have no liability.

6. Eventbrite’s Disclaimer of Warranties.

6.1 EXCEPT AS EXPRESSLY STATED IN THESE ADS TERMS, EVENTBRITE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THESE ADS TERMS, THE EVENTBRITE ADS TOOL, THE CONTENT CHANNELS, AND THE EVENTBRITE ADS SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVENTBRITE MAKES NO GUARANTEES CONCERNING THE ULTIMATE VALUE TO ADVERTISER OF THE EVENTBRITE ADS SERVICES.

6.2 UNLESS OTHERWISE EXPRESSLY STATED IN THE EVENTBRITE ADS TOOL, THE EVENTBRITE ADS SERVICES DO NOT INCLUDE ANY GUARANTEED NUMBER OF AD IMPRESSIONS, CLICKS, SALES, LEADS GENERATED, OR LEADS CLOSED. EVENTBRITE DOES NOT GUARANTEE THAT THE NUMBER OF AD IMPRESSIONS, CLICKS OR CONVERSIONS WILL EQUAL OR APPROXIMATE THE NUMBER OF INDIVIDUALS WHO PURCHASE TICKETS OR ATTEND THE EVENT.

7. Protecting Eventbrite against Harm or Loss; Eventbrite’s Maximum Liability.

7.1 Without limiting any other indemnity obligations of Advertiser or its affiliates, Advertiser agrees to indemnify, defend, and hold harmless Eventbrite from and against all claims, proceedings, demands, damages, costs, expenses, or losses (including, without limitation, court costs and attorneys’ fees) arising out of or in connection with:

1. Advertiser’s breach of these Ads Terms;

2. Advertiser’s Featured Content;

3. displaying Advertiser’s Featured Content in the Content Channels;

4. the Offerings which are the subject of the Featured Content (including, without limitation, any warranty, liability, misrepresentation or false advertising) and

5. an Offering being materially not as described, personal injury, property damage, or other damages or losses which are based upon or arise out of Advertiser’s Offerings).

7.2 EVENTBRITE’S TOTAL LIABILITY UNDER THESE ADS TERMS FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO EVENTBRITE BY ADVERTISER FOR THE EVENTBRITE ADS SERVICES, LESS ANY AMOUNTS PAID TO ANY FULFILLMENT PARTNER, GIVING RISE TO THE LIABILITY. IN NO EVENT WILL EVENTBRITE, OR ANY  FULFILLMENT PARTNER, BE LIABLE UNDER THESE ADS TERMS FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) RELATED TO THESE ADS TERMS OR THE USE OR QUALITY OF THE EVENTBRITE ADS SERVICES, OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT EVENTBRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE ADS TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7.3 Nothing in these Ads Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and Eventbrite’s liability is limited to the maximum extent permitted by law.

8. Governing Law and Dispute Resolution; Miscellaneous.

8.1 For clarity, the Applicable Law and Jurisdiction terms set forth in the Terms of Service apply to these Ads Terms.

8.2 The Additional Miscellaneous Provisions set forth in Section 26 of the Terms of Service apply to these Ads Terms.