Section 1 - General Agreement

These Terms of Use (“Terms”) are a legally binding agreement between you (as defined below) and the owner and operator of this site and software, E-vent Software, Inc., dba Brushfire Technology (hereafter referred to as “Brushfire”). Brushfire websites and domains, including brushfire.com, mobile applications, application program interface, and all web pages contained within these websites, are offered, maintained, and provided by Brushfire. We refer to all of these as our “Service.” These Terms govern your access to and use of the Service.

Certain aspects of the Brushfire Service are operated on behalf of the organizations (“Clients”) who pay to use Brushfire online ticketing and registration platform as event organizers offering tickets, registrations, donations, products, and other related services on behalf of their organization to end-users (“Customers”). When applicable, Brushfire and its Clients shall be collectively referred to as “We” or, possessively, “Our.” Visitors to the Brushfire Service, including Clients and Customers, shall be herein referred to as “Users” or “you.”

Section 2 - Privacy

2.1 Consent

You consent to the Brushfire Privacy Policy, which details how We collect, use, and store the data you provide to Clients when using the Service. The full Privacy Policy is available at https://brushfire.com/legal/privacy. Violation of the Privacy Policy is paramount to a violation of these Terms.

2.2 Data Processor

As defined in the Privacy Policy, Brushfire acts as a data processor in relation to the data you provide to Clients that is stored and processed with the Service.

2.3 Data Controller

As defined in the Privacy Policy, Clients using the Service act as data controllers in relation to the data you provide.

Section 3 - Brushfire Account Registration

3.1 Client Account Information

Clients must open an account with Brushfire in order to use the Service. During account registration Brushfire will ask for identifying information including, but not limited to, name, email, phone and other personal information. Clients must provide accurate and current information to complete Brushfire account registration and must keep that information current by updating Brushfire. Updates to Client account information can be made in the Client account dashboard or by contacting Brushfire at https://get.brushfire.help.

Brushfire reserves the right to suspend or terminate the Service account of any Client who provides inaccurate, untrue, or incomplete information or who fails to comply with the account registration requirements.

3.2 Client Account Access and Usage

Clients are fully responsible for all activity that occurs within their Brushfire Service account. This includes any and all actions taken by persons to whom Clients have granted access to their Brushfire Service account.

Clients acknowledge that Brushfire is not responsible for third party access to Service accounts that are a result of theft or misappropriation of accounts. Brushfire reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Section 4 - Service Billing

Brushfire charges Clients for the use of our Service. Brushfire does not charge Customers directly for the use of our Service. For more information about our Billing Terms and Automatic Recurring Billing Agreement, please visit https://brushfire.com/legal.

Section 5 - Children

5.1 Guidelines

Brushfire and Clients do not knowingly collect data from children under the age of thirteen. Data regarding children under the age of thirteen can only be stored using the Service with the permission of the child’s parent or legal guardian. If you are a User under the age of eighteen, you must ask your parent or legal guardian for permission to use the Service.

5.2 Client Responsibility

Clients use of the Service must adhere to any and all local guidelines regarding the storage, manipulation, and transmission of data provided by or in regards to children or Users under the age of eighteen. In addition, Clients use of the Service to communicate with Users under the age of eighteen must also adhere to any and all local guidelines governing these practices.

6.1 Other Websites

The Service may contain links to other websites ("Linked Sites"), posted by Brushfire or Clients. The Linked Sites are not under the control of Brushfire and Brushfire is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brushfire is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brushfire of the site or any association with its operators.

6.2 Third Party Features and Transfer

Certain services made available via the Service are delivered by third party sites and organizations. By using any product, feature or functionality originating from the the Service domain, you hereby acknowledge and consent that Brushfire may share such information and data with any third party with whom Brushfire has a contractual relationship to provide the requested product, service or functionality on behalf of the Users of the Service and Clients. All data transfers to third parties are governed by the Privacy Policy.

Section 7 - Your Content and Communication

7.1 No Unlawful or Prohibited Use

Clients are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. As a condition of Clients use of the Service, Clients warrant to Brushfire that they will not use the Service for any purpose that is unlawful or prohibited by these Terms. Clients may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other Clients or Customers use and enjoyment of the Service. Clients may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

7.2 Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of Brushfire or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Brushfire content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Brushfire and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Brushfire does not grant you any licenses, express or implied, to the intellectual property of Brushfire or our licensors except as expressly authorized by these Terms.

7.3 Use of Service for Client Communication

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service in accordance with the Privacy Policy.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

7.4 Brushfire Responsibility

Brushfire has no obligation to monitor the Communication Services. However, Brushfire reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Brushfire reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Brushfire reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of Brushfire.

7.6 Client and Customer Responsibility

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Brushfire does not control or endorse the content, messages or information found in any Communication Service and, therefore, Brushfire specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Brushfire spokespersons, and their views do not necessarily reflect those of Brushfire.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

7.7 Materials Provided to the Service

Brushfire does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Brushfire Service or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Brushfire, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Brushfire is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Brushfire.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Section 8 - International Usage

8.1 Service Location

The Service is controlled, operated and administered by Brushfire from within the United States. All interactions with the Service, including the transmission of Personal Data, involves sending information to our servers located in the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws in regards to the transmission of your Personal Data.

8.2 EU-US Privacy Shield

In accordance with the Privacy Policy, all Personal Data the Service receives from the European Union is subject to regulation by the EU-US Privacy Shield as set forth by the US Department of Commerce, to which we have self-certified our compliance.

8.3 EU General Data Protection Regulation

Clients that are subject to the EU General Data Protection Regulation (“GDPR”) understand that Personal Data, as defined by GDPR and outlined in the Brushfire Privacy Policy, collected from Customers by Clients use of the Service is processed by the Service and controlled by Clients. Clients agree to process and control data in accordance with the their obligations under applicable data protection regulations, including GDPR.

Personal Data processed by Brushfire and processing activities performed in accordance with the Terms are as follows:

(a) Duration

As outlined in the Terms.

(b) Nature, Purpose and Subject Matter

To enable Clients the ability to perform online ticketing and registration as event organizers offering tickets, registrations, donations, products, and other related services on behalf of their organization to Customers.

(c) Data Categories

Name, email, phone number, address, billing and payment information, information related to event bookings or attendance, and any other information Clients request of its Customers.

(d) Data Subjects

Customers.

Section 9 - Indemnification

You agree to indemnify, defend and hold harmless Brushfire, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Service or services, any user postings made by you, your violation of Terms or Privacy Policy, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brushfire reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brushfire in asserting any available defenses.

Section 10 - Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRUSHFIRE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BRUSHFIRE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRUSHFIRE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRUSHFIRE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRUSHFIRE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Section 11 - Account Termination or Access Restriction

Brushfire reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brushfire as a result of this agreement or use of the Service. Brushfire’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brushfire's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Brushfire with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between Clients or Customers and Brushfire with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Clients or Customers and Brushfire with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Section 12 - Changes to Terms

Brushfire reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions and are effective according to the date that the commit was issued. To view commit history for these terms, please visit https://github.com/brushfiretech/brushfire-legal/commits/gh-pages/terms.md. Brushfire encourages you to periodically review the Terms to stay informed of our updates.

Section 13 - Contact Us

Brushfire welcomes questions or comments in writing regarding these Terms. Please contact Brushfire in writing at:

Brushfire Technology P.O. Box 77122 Fort Worth, TX 76177 USA +1 (866) 825-8252 info@brushfire.com

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