Terms and Conditions

Definitions

The following definitions apply to these Terms, and any reference to the singular includes a reference to the plural and vice versa.

• Merchant refers to the individual, entity, or organizer who has entered into a service agreement with EveShark to access and utilize the EveShark Platform for creating and hosting events. This definition includes the Merchant's employees, independent contractors, consultants, affiliates, successors, and assigns who use or access the Platform/Services. Merchants are responsible for securely handling, transporting, and storing data, as well as implementing business rules and compliance.
• Merchant Personal Data refers to any Personal Data that the Merchant shares with or permits EveShark to access, store, host, modify, share, delete, and process for the performance of the Services. This data is processed by EveShark and/or its affiliates in accordance with applicable laws and platform policies.
• Merchant Data refers to all data submitted, displayed, and/or uploaded by Attendees, Authorized Administrators, and/or the Merchant while registering for, accessing, hosting an event, or otherwise using the Platform.
• Account refers to the self-service account created by the Merchant on the EveShark Platform for using the Services.
• Attendees refers to individuals, clients, or participants who register, attend, or participate in events organized by the Merchant using EveShark Services.
• Users and You shall collectively refer to the Merchants and Attendees.
• EveShark Registration refers to the features provided by EveShark for creating events, hosting them on the marketplace, and facilitating ticket purchases by Attendees. Merchants have the option to solely opt for EveShark Registration services if required.

Age Restrictions

You affirm and assure EveShark that you meet the legal age requirements of being above 18 years (or the legal age as determined by the laws of your jurisdiction) and any other eligibility criteria necessary to enter into this agreement. By visiting the Platform or accepting these Terms, you represent and warrant that you:

• Are of the appropriate legal age or older.
• Possess the rights, authority, and capacity to utilize the Services.
• Agree to comply with these Terms, the Privacy Policy, and any other relevant policies or guidelines.

If you do not meet the required legal age and still access or use the Services, it will be presumed that your parent or guardian has expressly consented to these Terms on your behalf by permitting your access to and use of the Services.

It is your responsibility to ensure that you have obtained such explicit consent from your parent or guardian for accessing and using the Services. EveShark shall not be held responsible for your failure to obtain such explicit consent or for any negligence or failure on the part of your parent or guardian in supervising your activities or granting such express consent.

Subscription of Services

You may choose to subscribe to EveShark Services by:

1. Accepting or Executing Agreements: Signing our standard Master Subscription Agreement and/or agreeing to the terms stated therein.
2. Paying the License Fee: Submitting an Order Form and providing accurate payment details through the payment methods specified during the payment process.

Payment Information and Responsibilities:

• You agree that all information provided to EveShark will be accurate, current, and complete.
• You consent to the disclosure, transmission, and use of this information as necessary to process the payment.
• You are responsible for paying all fees and charges incurred at the prices then in effect.
• You will also bear responsibility for any applicable taxes related to your subscription.

Authorization for Third-Party Processing:

By subscribing to EveShark Services, you grant EveShark the right to provide any information you submit to third parties for the purpose of facilitating payment initiated by you or on your behalf. Verification of information may be required before payment is acknowledged or completed.

List of Services Provided

In accordance with the terms and conditions outlined in this Terms of Service (ToS), EveShark hereby:

1. Grants the Merchant a Personal, Revocable License: EveShark grants you, the Merchant, a personal, revocable, non-exclusive, non-sublicensable, non-assignable, and non-transferable license ("License") to:
   1. Organize, Host, and Manage Events: Use the Platform to organize, host, manage, and oversee events of your choice while utilizing the Services in connection with such events.
   2. Access the Platform Across Devices: Access and use the Services on a mobile phone, tablet, computer, or any other device ("Device") owned or controlled by the Merchant.
   3. Comply with Usage Rules: Access the Services in accordance with this ToS and any applicable usage rules specified by EveShark or third-party app stores.
2. Facilitates Active Participation in Events: EveShark enables Merchants to allow Users (Attendees) to register for, attend, and actively participate in events hosted by the Merchant through both the EveShark website and the mobile application ("App").
3. Empowers Event Promotion and Engagement: EveShark empowers the Merchant to:
   • Promote, advertise, and market events hosted on the Platform.
   • Engage with Users through marketing tools, notifications, and other Services provided by the Platform.
4. Merchant Autonomy Over Event Management: EveShark provides full autonomy to the Merchant over the organization and management of events, including:
   • Restricting, blocking, or suspending a User's access to an event under specific circumstances, such as violations of the Terms or reported abuse.
   • Showcasing public event pages on the Platform, allowing Users to discover these events through browsing and search features.
5. Merchant-Specific Terms of Use and Privacy Policy: Merchants may upload and display their own Terms of Use and Privacy Policy for events hosted on the Platform. If no specific terms are uploaded, EveShark's standard Terms of Use and Privacy Policy will apply.
6. Messaging Features for Users: Users may utilize the Platform to send and receive messages to and from other Users, provided this functionality is enabled by the Merchant and is used in compliance with the Platform's guidelines.
7. Responsibility for Platform Access: The Merchant bears full responsibility for the utilization and access of the Platform by their Users, including ensuring compliance with applicable laws, regulations, and platform policies.

Private or RSVP Events

1. Definition and Purpose: Private Events are events not open to the public and accessible only to individuals explicitly invited by the event organizer. This includes house parties, community gatherings, or other exclusive events. RSVP Events require attendees to confirm their participation through the Platform before gaining access to event details or tickets.
2. Privacy and Access:
   • Event details for Private or RSVP Events are visible only to the organizer and invited attendees.
   • The organizer must ensure that invitation links or access credentials are shared responsibly and securely.
3. Organizer Responsibilities:
   • The organizer is responsible for managing the guest list, ensuring accurate attendee information, and maintaining privacy for invitees.
   • For house parties or community events, the organizer must ensure compliance with local laws, including noise restrictions, safety regulations, and alcohol permits, if applicable.
4. Attendee Obligations:
   • Invitees must not share access links or event details with unauthorized individuals.
   • Attendees must adhere to the organizer's rules and any applicable laws governing the event.
5. Platform Role:
   • EveShark facilitates event creation, guest list management, and RSVP confirmations but is not liable for any disputes arising from access restrictions or unauthorized attendance.
   • In the event of disputes related to Private or RSVP Events, the organizer is solely responsible for resolving them.
6. Cancellation or Refund Policies: Refund policies for Private or RSVP Events are determined solely by the organizer and must be clearly communicated to attendees during the RSVP or ticket purchase process.
7. Compliance and Reporting:
   • Any violations of local laws or the organizer's event rules by attendees must be reported directly to the organizer.
   • EveShark reserves the right to remove events or suspend accounts if such events are found to violate platform policies or applicable laws.

Payment-Related Services

Platform and EveShark Fees

EveShark may charge the Attendees a platform fee and the Merchants an EveShark fee for each ticket sold through the Platform for a particular event. The specific fee structure will be communicated to the Merchant in advance. EveShark reserves the right to modify or change these fees at its discretion. Any such changes will become effective upon prior notification to the Merchant.

Merchants will receive a detailed transaction summary for each event, which includes:

• Transaction Fees: Imposed by EveShark.
• Third-Party Payment Processing Charges: Any applicable charges from payment processors.
• Taxes Deducted: As required by applicable law.

Payment Details and Authorization

To process payments, Users (both Merchants and Attendees) may need to provide Payment Details, which may include bank account information, account type, or other details necessary for alternative payment methods. By providing these details, Users confirm that:

• They have the legal authority to share these Payment Details with EveShark and make payments using them.
• Adequate funds or credit limits are available for completing transactions.
• The use of these Payment Details complies with all applicable laws and the terms of the issuing institution.

EveShark may engage third-party vendors, including payment processors or gateways, to manage payment processing securely. Payment details will be handled in accordance with EveShark's Privacy Policy. EveShark bears no responsibility for unauthorized transactions conducted using Payment Details on the Platform.

Liability for Payment Issues

Except as required by law, EveShark will not be held liable for payments authorized through the Platform. Specifically, EveShark will not be responsible for payment failures due to:

• Insufficient funds or credit limits.
• Incorrect Payment Details provided by the User.
• Expired payment cards or invalid account information.
• Circumstances beyond the control of EveShark (e.g., power outages, internet disruptions, or third-party service failures).

For cross-border transactions, Users are solely responsible for ensuring compliance with all applicable laws and regulations.

Refunds and Cancellation

Ticket Cancellations

• Cancellation Policy: Attendees can request ticket cancellations up to 24 hours prior to the event start time, subject to the event-specific refund policy determined by the Merchant.
• Non-Refundable Fees: The platform fee charged to Attendees is non-refundable, regardless of the cancellation circumstances.
• Merchant Responsibility: Refunds are at the sole discretion of the Merchant and may vary depending on the event's terms and conditions. Attendees are advised to review the specific event policies before booking.

Event Cancellation or Postponement

• Merchant-Driven Changes: If an event is canceled, postponed, or delayed for any reason, EveShark will not provide refunds or be held liable for any losses.
• Notification Efforts: EveShark will endeavor to notify ticket holders of cancellations or reschedules once authorized by the Merchant.

Event Regulations and Venue Policies

• Rules and Regulations: Tickets are issued subject to the rules and regulations of the event venue and the Merchant. Breach of these rules may result in ejection without refund.
• Security Checks: Merchants and venues may conduct security searches to ensure patron safety. Attendees agree to comply with such searches.
• Lost or Stolen Tickets: EveShark is not responsible for lost or stolen tickets.

Ticket Purchase Limits
Certain events may impose restrictions on the number of tickets purchasable per individual, payment method, or household. EveShark reserves the right to cancel tickets purchased in violation of these limits without prior notice.

Refund Policies

• General Refund Rules: Refunds for tickets are subject to the specific refund policy set by the Merchant.
• Non-Refundable Fees: Platform fees and administrative fees charged by EveShark are non-refundable unless required by law.
• Event Cancellations or Postponements: Refunds will be issued as per Merchant policies.
• Refund Requests: Attendees must submit refund requests directly to the Merchant within the timeframe specified.
• Chargebacks: Chargebacks on payment disputes will be investigated, and misuse of this process may result in account suspension.

Acceptance, Availability, and Condition of Services

a. Purpose of Service Usage

You agree to use the Services provided by EveShark solely for the purpose of organizing and managing Event/s. In this capacity, you may host Event/s, permit User/s to participate, exchange text, media, and audio/video files, conduct presentations or calls, and utilize any additional features introduced by EveShark as part of your selected Service plan.

b. User Access and Content Management

1. Granting Access: You may grant access to Attendees of your choice to register for and participate in Event/s. These Attendees can utilize the Platform and its Features, including posting comments, sending messages, and uploading text, audio, or video files.
2. Supervision and Moderation: You are responsible for supervising and moderating all User-generated content, including removing content that is unlawful, defamatory, or otherwise inappropriate under your Acceptable Behavior Policy.
3. Account Suspension: You may suspend or terminate a User's account, with or without prior notice, if they violate the rules or post prohibited content.

c. Responsibility for Platform Use

You bear sole responsibility for the use of the Platform by your Users, and this use is entirely at your own cost and risk.

d. Compliance with Laws and Agreements

1. Applicable laws and regulations.
2. The EveShark Terms, Privacy Policy, and any other agreements entered into with EveShark.

e. Modification, Suspension, or Discontinuation of Services

EveShark reserves the right to modify, suspend, or discontinue the Services (in part or in whole) at any time and for any reason, at its sole discretion.

1. Notice of Changes: Where reasonably possible, EveShark will endeavor to provide notice of such changes.
2. Service Unavailability: Services may periodically become unavailable due to maintenance, equipment malfunctions, server issues, or other reasons. You acknowledge and accept that EveShark is not obligated to maintain, support, or update the Services.

f. Beta Services

EveShark may introduce features or functionalities labeled as beta, preview, early access, trial, or similar terms. These beta Services are provided on an as-is basis and may not be fully reliable. You understand and accept that these features are subject to change, refinement, or removal.

g. Retention of Information and Service Limitation

1. Retention of Information: EveShark may retain information collected during registration or usage to facilitate quicker reactivation of Services or comply with applicable laws.
2. Service Limitations: EveShark reserves the right to restrict, suspend, or terminate your account if:
   • You breach the Terms.
   • Misuse or permit the misuse of the Services.

h. Electronic Agreements

By accepting these Terms, you waive any right to demand a non-electronic signature, record delivery, or record retention unless prohibited by applicable law.

i. Service Availability and Security

1. No Guaranteed Availability: While EveShark makes every effort to ensure consistent availability, the Services may experience interruptions or issues beyond our control, such as data breaches, shutdowns, or technological malfunctions.
2. No Guaranteed Security: The Platform may not be completely immune to security threats, including data breaches or third-party interference. EveShark cannot guarantee the complete security of any information or User content uploaded, shared, or transmitted through the Platform.

j. User Responsibility for Technology

1. Technology Requirements: You are responsible for configuring and maintaining the necessary technology (Devices, software, internet connections) to access and use the Services.
2. Consequences of Outdated Technology: Failure to use up-to-date software, devices, or reliable internet connections may result in poor performance of the Services. EveShark is not responsible for such issues.
3. No Liability for External Factors: EveShark is not liable for interruptions caused by external factors, including but not limited to:
   • Internet-related issues such as slow connections or server congestion.
   • Telecommunications failures or service provider disruptions.

k. No Guarantee of Error-Free Services

EveShark does not guarantee that the Services will operate without errors, nor that they will be free from viruses, bugs, attacks, or other harmful code. We also do not commit to correcting any errors or defects identified in the Services.

l. Services Provided 'As Is' and 'As Available'

The Services are provided on an "As Is" and "As Available" basis, without warranties of any kind. This includes, but is not limited to, representations, warranties, or conditions of:

• Merchantability.
• Fitness for a particular purpose.
• Title and non-infringement.
• Any warranty arising by statute, course of dealing, or usage of trade.

m. No Private Right of Action or Guaranteed Content Monitoring

1. No Private Rights or Expectations: These Terms do not establish any private right of action for third parties, nor create a reasonable expectation that the Services will be free of prohibited content.
2. Interactive User Interface: By offering an interactive interface, EveShark does not assume liability for any statements, representations, or User Submissions made in public forums, blogs, or other interactive areas.
3. Content Moderation: EveShark reserves the right, at its sole discretion, to remove, screen, or edit any User Submission posted or stored on the Website, Platform, or App at any time and for any reason without notice.
4. Backup Responsibility: You are solely responsible for creating backup copies of and replacing any User Submission on our Services at your own expense.
5. Violation Consequences: Any use of the Platform or Website in violation of these Terms constitutes a breach and may result in suspension or termination of your rights to use the Services.

n. Compliance with Law Enforcement

You consent to EveShark complying with lawful orders from enforcement authorities. This includes providing any information you submit to assist in investigations or prosecutions as required by law.

o. Consent and Acceptance of Terms

1. For Merchants: Merchants are required to give consent and accept all the Terms and Conditions outlined in this document, as well as the terms of the Privacy Policy, upon creating an account with EveShark.
2. For Attendees: Attendees must accept the Terms and Conditions and Privacy Policy and confirm they are above the legal age required during the event registration process.