1. Acceptance of Terms
A. Reservation of Rights
CohoEvents LLC reserves the right to remove any content and/or refuse and/or revoke the right to use the Services, at its sole discretion, to any person, party, or entity at any time. These are the Terms of Service which apply to all users of the Site, the Services, including, but not limited to, users who contribute content, information, and other materials or services, whether or not the user is registered with the Site.
B. Compliance with Laws
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
If you are registering on behalf of any third party, you warrant and represent that you have the full authority to do so.
No Third Party Beneficiaries
The Services are for use by the named registered party only, and not for use by any unnamed third party.
In order to use the Services, you must register with CohoEvents LLC (thereby becoming a “Registered User” and creating an “Account”). You must provide accurate and complete information and keep your account information updated.
You shall not: i. select or use as a username a name of another person with the intent to impersonate that person; ii. use as a username a name subject to any rights of a person other than you without appropriate authorization; or iii. use as a username a name that is otherwise offensive, vulgar or obscene.
The user is responsible for the security of their account and password, and must notify Coho if the account is compromised.
No Use without Permission
No one is permitted to use other users accounts without their permission.
4. Fees, Payments and Billing
Fees Subject to Change
Coho can, with reasonable notice, change any fees. There will be no refunds for fees for work completed. There will be no refunds if an account is terminated due to a breach of these terms.
Coho may collect payments from attendees or other third parties. Coho will, as is reasonably possible, provide the Host with a "transaction record", Coho makes no guarantee as to the accuracy of this record
Coho uses Stripe for payment processing
Hosts and users also agree to Stripe's Terms posted here: https://stripe.com/us/terms
CohoEvents LLC operates in U.S. Dollars and therefore Coho is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than U.S. Dollars, nor is Coho responsible for currency fluctuations that occur when receiving or sending payments via wire transfer, check or automated clearinghouse. If, for any reason, Coho does not receive payment for any amounts that you have authorized to be paid through your use of any Coho product or service, you agree to pay such amount immediately upon demand by Coho.
For purposes of these Terms of Service, the term “Content” includes, without limitation, contact information, calendar information, schedules, contract clauses, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
B. User Content.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by Registered Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
C. Coho Content.
The Services contain Content specifically provided by Coho or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
D. Use License.
Subject to these Terms of Service, Coho grants each Registered User of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, in connection with that Registered User’s use of the Services under these Terms of Service. Use, reproduction, modification, distribution or storage of any Content for use in the course of using the Services consistent with these Terms of Service, is expressly prohibited without prior written permission from Coho. You shall not sell, license, rent, or otherwise use or exploit any Content that you do not own for commercial use or in any way that violates any third party right.
E. License Grant.
By submitting User Content through the Services, you hereby do and shall grant Coho a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform the User Content only as is strictly necessary for Coho to perform its duties in connection with the Site and the Services. To the extent the Services allow sharing of your User Content, and to the extent you choose to share your User Content, you also hereby do and shall grant each Registered User of the Site and/or the Services that you have allowed to access your User Content a non-exclusive license to your User Content through the Site and the Services. For clarity, the foregoing license grant to Coho does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing. No User Content shall be made available to others unless you elect to make it available to them. You represent and warrant that 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.
F. Availability of Content.
Coho does not guarantee that any Content, including User Content, will be made available on the Site or through the Services. Further, Coho has no obligation to monitor the Site or the Services. However, Coho reserves the right to (i) remove, any Content in its sole reasonable discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Coho is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
6. Rules of Conduct
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with Eventbrite’s Raffles, Contests and Sweepstakes Guidelines;
(d) impersonate any person or entity, including, but not limited to, an CohoEvents representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) attempt to probe, scan or test the vulnerability of any CohoEvents server or network or breach any security or authentication measures, unless you are an authorized contractor of CohoEvents specifically engaged to provide such services;
(l) attempt to avoid or circumvent any technological measure implemented by CohoEvents to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
(m) solicit any User to use a third party service that competes with CohoEvents;
(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
(o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
(p) resell tickets or registrations;
(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
(r) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Eventbrite’s prior written consent; or
(s) stalk or otherwise harass any person or entity.
7. Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of CohoEvents, and you acknowledge that Coho is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources except for loss, injury, claim, liability, or damage due to CohoEvents's gross negligence or willful misconduct. The inclusion of any such link does not imply endorsement by CohoEvents or any association with its operators.
Coho may terminate your access to all or any part of the Services at any time, with or without cause, upon five (5) days' notice, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so at any time. Any fees paid to Coho are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Limitation of Liability
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NO 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 OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Travis County, Texas.
12. Intellectual Property Infringement Notification Process
We respect the intellectual property (IP) rights of others, and we expect users of our Services and website to do the same. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright and trademark infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act.
If you believe that your content or information has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the IP owner or a person authorized to act on their behalf; (ii) identification of the protected work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner.
We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion. If there is an instance of alleged IP infringement appearing on or through the Services or on our website, please contact us in writing at:
201 East 5th St #109
Austin, TX 78701
201 East 5th St #109
Austin, TX 78701