Terms of Service

Last Updated: May 31, 2017

Thank you for visiting Jolly Eventleaf! The terms of service linked below govern the use of our Services.

TERMS OF SERVICE

FOR EVENT ATTENDEES & TICKET BUYERS

1. ACCEPTANCE OF TERMS; USE OF SERVICES.

A. Jolly Technologies, Inc. (hereafter referred to as "JOLLY", "we", "us", or "our") provides an online platform named "Eventleaf" that allows users to post, promote, manage, track, and buy/sell tickets for an event (the “Event”). The following terms and conditions  govern all use by you as a Purchaser (as defined below) of (a) the JOLLY websites and domains (collectively the "Site"), (b) any and all services available on or through the Site, and (c) all Software made available through the Site (collectively, the "Services"). By accessing and/or using the Site or Services, you acknowledge and agree that you have read and will comply with and be legally bound by, the Terms as amended from time to time ("Terms"), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and JOLLY. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Software, or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

You agree to receive all communications from JOLLY electronically via email and to maintain a current email address on the Site at all times. You agree that you will be deemed to have received any notice that JOLLY sends to the email address that you provide. We recommend that you check your spam folder from time to time to verify that JOLLY’s emails were not misdirected. We are not responsible for any emails you do not receive as a result of any misdirection by your email provider.

For purposes of these Terms, “Organizer” is defined as a user accessing the Services to create, promote, manage, track, and sell tickets for an event that you have registered on the Site (the “Event”). A “Purchaser” or “Buyer” is a user that purchases Event tickets in this Site. You understand and acknowledge that JOLLY is an independent intermediary providing Event registration, tracking, and ticketing services for Event Organizers. JOLLY is not affiliated with any of the Organizers or any of the venues where the Events are held.    JOLLY therefore assumes no liability relating to any Event posted on this Site, or for any tickets sold or purchased for any Event, or any disputes between the Organizer and Purchaser. The Purchaser assumes all risk associated with the attendance of the Event(s), and for independently verifying the Event prior to the purchase of a ticket(s).

B. You are granted a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of purchasing a ticket(s) for an Event posted on the Site. As a condition to using the Services, you agree to NOT: (i) reverse engineer or otherwise attempt to discover the source code or design of all or any part of the Site Content or Services, or otherwise create derivatives of any part of the Services or Site Content; or (ii) rent, resell, or use the Site Content or Services for timesharing, service bureau, or improper commercial purposes. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable laws and regulations. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of JOLLY.

C. JOLLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY OF THE EVENT LISTINGS AND THE LEGALITY OR SUITABILITY OF ANY EVENTS. YOU UNDERSTAND AND AGREE THAT JOLLY HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL EVENT LISTINGS.   ANYONE WHO ACCESSES THE SITE, OR ATTENDS AN EVENT DOES SO AT THEIR OWN RISK. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER MATERIALS POSTED BY OTHER USERS THAT MAY BE OFFENSIVE, INDECENT, FALSE, DECEPTIVE, OR OBJECTIONABLE.

D. JOLLY reserves the right, at its sole discretion, to modify the Site or Services and to amend, modify, add to or remove any portion of these Terms at any time and without prior notice. If we amend these Terms, any such amendment will be effective immediately upon JOLLY either posting the modification on the Site or via the Services or providing you with notice of the modification via email. If you continue to access or use the Site or Services after we have posted a modification on the Site or have provided you with email notice of a modification, you shall be deemed to have accepted and you shall be bound by the modified Terms. If you do not accept the modified Terms, you shall cease using the Site and Services.

E. JOLLY reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. JOLLY will not be responsible to you for a refund, in whole or part, of any fees paid for the Services. You agree that JOLLY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

2. REGISTRATION OF ACCOUNT; PASSWORDS.

A. In order to access certain features of the Site and Services, and to create an Event Listing, you must become a Member by registering and creating an account.   The Site is intended for individuals older than 18 years of age. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

B. A JOLLY account and JOLLY account profile page for your use of the Site and Services will be created upon registration based upon the personal information you provide to us. You may not have more than one (1) active JOLLY Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. JOLLY reserves the right to suspend or terminate your JOLLY account and your access to the Site, and Services for any reason, including, without limitation, if you create more than one (1) JOLLY account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your JOLLY account, whether or not you have authorized such activities or actions. You will immediately notify JOLLY of any unauthorized use of your JOLLY account. JOLLY is not liable for any loss, damage or other liability arising from any unauthorized access to or use of your account, including any “hacking” into your account or data breach. In the event of any dispute between two or more parties as to account ownership, you agree that JOLLY shall be the sole arbiter of such dispute in its sole discretion and that JOLLY's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

3. SITE CONTENT OWNED BY JOLLY.

A. All trademarks, service marks, logos, trade names and any other proprietary designations of JOLLY used herein are trademarks or registered trademarks of JOLLY. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. In addition, all materials, data, software, text, designs, messages, files, links, videos, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by JOLLY in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

B. The Services may contain links to third-party websites or resources. You acknowledge and agree that JOLLY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JOLLY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

C. JOLLY may in the future provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].jollytech.com). All such sub-domains are the sole property of JOLLY. In the event JOLLY provides you with a sub-domain, your right to use such sub-domain shall be governed by these Terms, and may be terminated by JOLLY at any time (with or without notice) for any reason or no reason.

4. YOUR POSTING OF MATERIALS ON THE SITE.

A. We permit you to post, upload, publish, submit or transmit User Materials on the Site. “User Materials” means all Content that you post, upload, publish, submits or transmit to be made available through the Site or Services.   By making available any User Materials on or through the Site or Services, you hereby grant to JOLLY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Materials on, through, or by means of the Site and Services. JOLLY does not claim any ownership rights in any such User Materials and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Materials.

B. You acknowledge and agree that you are responsible for all User Materials that you make available. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Materials that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to JOLLY the rights in such User Materials, as contemplated under these Terms; and (ii) neither the User Materials nor your posting, uploading, publication, submission or transmittal of the User Materials or JOLLY’s use of the User Materials (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

C. JOLLY reserves the right (but is not obligated to) to: (a) evaluate or verify the User Materials before allowing them to be published on the Site or otherwise stored in connection with the Services; or (b) alter, remove, or refuse to post or allow to be posted or stored any User Materials that we deem to be in breach of the Terms. JOLLY also reserves the right to disclose any User Materials or any communication through the Services, to (i) any third party in order to operate the Services, (ii) respond to governmental (including law enforcement) inquiries or requests, (iii) comply with valid legal process or any applicable law, (iv) enforce these Terms; (v) respond to claims that any of your User Materials violates the rights of third parties; and/or (vi) protect the rights, property, or personal safety of JOLLY, its users and/or the public.

5. USER CONDUCT RESTRICTIONS.

A. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:

  • Harass any user of our Site or Services or collect, store, sell, disseminate or provide to any other party any personally identifiable information about users;
  • Register for more than one JOLLY account or register for a JOLLY account on behalf of an individual other than yourself;
  • Recruit or otherwise solicit any other user to join third party services or websites that are competitive to JOLLY, without JOLLY’s prior written approval;
  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) contains or transmits a virus, worm, Trojan Horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of any computer hardware, software or equipment; (viii) promotes illegal or harmful activities or substances; or (ix) facilitates gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
  • Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Materials transmitted through the Services;
  • Use, display, mirror or frame the Site, or any individual element within the Site or Services, JOLLY’s name, any JOLLY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JOLLY’s express written consent;
  • Use the Services to transmit any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, survey, contest, investment opportunity, or any other form of solicitation to  any person who has not given specific permission to receive such messages;
  • Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
  • Violate any applicable local, state, national or international law;
  • Purchase tickets for an Event with the intention to re-sell the tickets; and
  • Engage in any other conduct which, in JOLLY's sole discretion, is considered inappropriate, unauthorized or objectionable.

JOLLY reserves the right, but does not assume the responsibility, to monitor or review your conduct while using the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.  Please report the misconduct of users, Registrants, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to JOLLY. JOLLY, in its sole discretion, may investigate the claim and take necessary action.

B. JOLLY does not endorse any of its users. Although these Terms require you to provide accurate information, JOLLY may not verify or attempt to confirm any information provided by users or any user’s purported identity. You are solely responsible for determining the identity and suitability of other users who you contact via the Services. JOLLY is not responsible for any damage or harm resulting from your interactions with other users.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from JOLLY with respect to such actions or omissions.

6. ADDITIONAL SERVICES.

JOLLY may, upon request, and for such fees as JOLLY may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of these Terms. Such additional services shall be set forth in a written Addendum Agreement to these Terms, and/or other written agreement between you and an authorized officer of JOLLY, which shall set forth the other terms and conditions relating to such additional services.

7. EVENT TICKET PURCHASES.

Event tickets may be purchased through this Site by credit card only. JOLLY will not charge or impose on the Purchaser any service fees for the purchase of Event tickets. JOLLY will not be responsible for any refunds. Organizer is solely responsible for setting its refund policy and processing any refunds (as provided in section 8 below).

Following your purchase, Purchaser will receive an email with a receipt confirming the purchase of a ticket(s) for the Event. Purchaser assumes all risk of Event ticket/ badge loss (including loss of the receipt for the ticket purchase), theft, delay, or damage during delivery of the Event ticket(s) or badge(s). Any Event tickets or badges lost, stolen, damaged, or destroyed will not be replaced.

8. REFUNDS FOR TICKET SALES.

Purchaser acknowledges that the Organizer may cancel or postpone an Event for reasons outside the control of JOLLY. Organizer will establish its own refund policy for any tickets sold on this Site, which are stated in the Event listing description. As a general rule, the Organizer will adopt the following refund policy: (1) offer to give a buyer a full unconditional refund if an Event is canceled or postponed for any reason; and (2) issue the refund no later than 7 business days following the scheduled Event. By agreeing to purchase the Event ticket(s), Purchaser acknowledges that he/she has read and understands the refund policies for the Event, and that there will be no refund of any Event ticket purchased unless the Event is canceled or postponed.

Purchaser further acknowledges that Organizer is solely responsible for any refunds or chargebacks to the Purchaser, and that Organizer will independently communicate and coordinate with Purchaser for the issuance of any refunds or chargebacks. Purchaser acknowledges that JOLLY is only facilitating the sale and purchase of the tickets between the Organizer and the Purchaser by providing a platform upon which Purchaser may purchase Event tickets from the Organizer. JOLLY does not prescreen or independently verify the authenticity of any Events posted on this Site, and that it is the responsibility of the Purchaser to independently verify and authenticate any Event posted of this Site before purchasing any tickets for that Event. JOLLY is therefore not responsible for any refunds or chargebacks to be issued to the Purchaser.

9. RESALE OF TICKETS.

Purchaser understands that Event tickets purchased in this Site are for personal use only. Purchaser will not resell any Event tickets. Purchaser acknowledges that the resale of any Event tickets will void the tickets, and any refunds and entry into an Event.

10. TERMINATION.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site, and/or Services, and (b) deactivate or cancel your JOLLY account. Please note that if your JOLLY account is canceled, we do not have an obligation to delete or return to you any User Materials that you have posted to the Site and Services. Further, you agree that JOLLY shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive its termination (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

11. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOLLY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. JOLLY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE CORRECT OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. JOLLY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, USER MATERIALS,  SERVICES, ACTIONS OR INACTIONS OF ANY USER, REGISTRANT OR OTHER PERSON BEFORE, DURING AND/OR AFTER AN EVENT. IN ADDITION, JOLLY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE.

12. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE THAT JOLLY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR SUITABILITY OF ANY EVENTS POSTED OR ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING REGISTRANTS', OTHER NON-ORGANIZERS' AND ORGANIZERS') MATERIALS OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING REGISTRANTS AND ORGANIZERS) TO PERFORM ON AN EVENT, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, JOLLY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (WITHOUT LIMITATION), AND JOLLY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

AS A CONDITION TO USING THE SERVICES, YOU ALSO AGREE THAT JOLLY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOLLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $100.00 USD IN THE AGGREGATE FOR ALL CLAIMS, OR (IV) ANY MATTERS BEYOND JOLLY'S REASONABLE CONTROL. JOLLY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR USER MATERIALS OR THE USER MATERIALS OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU AGREE TO RELEASE JOLLY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENT POSTED ON THE SITE; OR (2) DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, REGISTRANTS, AND OTHER NON-ORGANIZERS).

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. JOLLY PRIVACY POLICY.

All information provided by you or collected by JOLLY in connection with the Services is governed by JOLLY's Privacy Policy, which is located at http://www.jollytech.com/company/privacy-policy.php. JOLLY may use information it receives or collects regarding its users in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to you. Further, any information submitted or provided by you to the Services may be publicly accessible. You should be aware that if you decide to share any personally identifiable information on the Services, this information may become available to the public.

15. GENERAL.

A. Entire Agreement. These Terms constitute the entire agreement between you and JOLLY and governs your use of the Services. These Terms supersedes any prior or contemporaneous agreements, proposals, discussions or communications between you and JOLLY on the subject matter hereof, or Addendum Agreement between you and an authorized officer of JOLLY relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party User Materials or third party Services in a manner other than as governed by these Terms.

B. Controlling Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Mateo County, California or a United States District Court, Northern District of California located in San Mateo County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

C. Dispute Resolution; Arbitration. You and JOLLY agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and JOLLY are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and JOLLY otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

(i) Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

(ii) Notwithstanding the provisions of the “Modification” section above, if JOLLY changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@jollytech.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of JOLLY’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and JOLLY in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

D. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.

E. Export Controls. The Services are subject to United States export controls. Therefore, you will comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. No part of the Services may be exported to any country to which the U.S. has embargoed goods and/or services of the same type as the Services, or to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services, you represent and warrant that you are not located in, and you are not a national or resident of, any such embargoed country, and that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

F. Waiver; Severability. The failure of JOLLY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JOLLY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

G. Indemnification. You agree to release, defend, indemnify, and hold JOLLY and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services; (b)  your violation of these Terms; (c) your User Materials; (d) your interaction with any user; (e) your purchaser of an Event ticket(s); and (f) your violation of any local ordinance, state or federal law or regulation.

H. Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, cyber attacks, third party attack or other actions and acts of civil and military authorities.

I. DMCA. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any User Materials made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the User Materials be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Services should be sent to:

Jolly Technologies, Inc.
1510 Fashion Island Blvd, Suite 102
San Mateo, CA 94404
Tel: 650-594-5955 Option 3
Fax: 650-989-2145
Email: support@jollytech.com

J. No Agency.  No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

K. Contact and Support. If you have any questions about these Terms, or to report any violations of these Terms, please contact us by email to support@jollytech.com.

TERMS OF SERVICE

FOR ORGANIZERS & TICKET SELLERS

1. ACCEPTANCE OF TERMS; USE OF SERVICES.

A. Jolly Technologies, Inc. (hereafter referred to as "JOLLY", "we", "us", or "our") provides an online platform named "Eventleaf" that allows users to post, promote, manage, track, and sell tickets for an event (the “Event”). The following terms and conditions  govern all use by you as an Organizer (as defined below) of (a) the JOLLY websites and domains (collectively the "Site"), (b) any and all services available on or through the Site, and (c) all Software made available through the Site (collectively, the "Services"). By accessing and/or using the Site or Services, you acknowledge and agree that you have read and will comply with and be legally bound by, the Terms as amended from time to time ("Terms"), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and JOLLY. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Software, or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

You agree to receive all communications from JOLLY electronically via email and to maintain a current email address on the Site at all times. You agree that you will be deemed to have received any notice that JOLLY sends to the email address that you provide. We recommend that you check your spam folder from time to time to verify that JOLLY’s emails were not misdirected. We are not responsible for any emails you do not receive as a result of any misdirection by your email provider.

For purposes of these Terms, “Organizer” is defined as a user accessing the Services to create, promote, manage, track, and sell tickets for an event that you have registered on the Site (the “Event”). A “Purchaser” or “Buyer” is a user that purchases Event tickets in this Site. You understand and acknowledge that JOLLY is an independent intermediary providing Event registration, tracking, and ticketing services for Event Organizers. JOLLY is not affiliated with any of the Organizers or any of the venues where the Events are held.    JOLLY therefore assumes no liability relating to any Event posted on this Site, or for any tickets sold or purchased for any Event, or any disputes between the Organizer and Purchaser.

B. You are granted a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating a listing to promote, manage, track, and sell tickets for an Event that you have posted on the Site. As a condition to using the Services, you agree to NOT: (i) reverse engineer or otherwise attempt to discover the source code or design of all or any part of the Site Content or Services, or otherwise create derivatives of any part of the Services or Site Content; or (ii) rent, resell, or use the Site Content or Services for timesharing, service bureau, or improper commercial purposes. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable laws and regulations. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of JOLLY.

C. JOLLY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY OF THE EVENT LISTINGS AND THE LEGALITY OR SUITABILITY OF ANY EVENTS. YOU UNDERSTAND AND AGREE THAT JOLLY HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL EVENT LISTINGS.   ANYONE WHO ACCESSES THE SITE, OR ATTENDS AN EVENT DOES SO AT THEIR OWN RISK. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER MATERIALS POSTED BY OTHER USERS THAT MAY BE OFFENSIVE, INDECENT OR OBJECTIONABLE.

D. JOLLY reserves the right, at its sole discretion, to modify the Site or Services and to amend, modify, add to or remove any portion of these Terms at any time and without prior notice. If we amend these Terms, any such amendment will be effective immediately upon JOLLY either posting the modification on the Site or via the Services or providing you with notice of the modification via email. If you continue to access or use the Site or Services after we have posted a modification on the Site or have provided you with email notice of a modification, you shall be deemed to have accepted and you shall be bound by the modified Terms. If you do not accept the modified Terms, you shall cease using the Site and Services.

E. JOLLY reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. JOLLY will not be responsible to you for a refund, in whole or part, of any fees paid for the Services. You agree that JOLLY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

2. REGISTRATION OF ACCOUNT; PASSWORDS.

A. In order to access certain features of the Site and Services, and to create an Event Listing, you must become a Member by registering and creating an account.   The Site is intended for individuals older than 18 years of age. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

B. A JOLLY account and JOLLY account profile page for your use of the Site and Services will be created upon registration based upon the personal information you provide to us. You may not have more than one (1) active JOLLY Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. JOLLY reserves the right to suspend or terminate your JOLLY account and your access to the Site, and Services for any reason, including, without limitation, if you create more than one (1) JOLLY account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your JOLLY account, whether or not you have authorized such activities or actions. You will immediately notify JOLLY of any unauthorized use of your JOLLY account. JOLLY is not liable for any loss, damage or other liability arising from any unauthorized access to or use of your account, including any “hacking” into your account or data breach. In the event of any dispute between two or more parties as to account ownership, you agree that JOLLY shall be the sole arbiter of such dispute in its sole discretion and that JOLLY's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

3. SITE CONTENT OWNED BY JOLLY.

A. All trademarks, service marks, logos, trade names and any other proprietary designations of JOLLY used herein are trademarks or registered trademarks of JOLLY. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. In addition, all materials, data, software, text, designs, messages, files, links, videos, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by JOLLY in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

B. The Services may contain links to third-party websites or resources. You acknowledge and agree that JOLLY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JOLLY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

C. JOLLY may provide you with the ability to select a public handle within the Site (e.g., www.eventleaf.com/[your public handle]). Your right to use this public handle shall be governed by these Terms, and may be terminated by JOLLY at any time (with or without notice) for any reason or no reason.

4. YOUR POSTING OF MATERIALS ON THE SITE.

A. We permit you to post, upload, publish, submit or transmit User Materials on the Site. “User Materials” means all Content that you post, upload, publish, submits or transmit to be made available through the Site or Services.   By making available any User Materials on or through the Site or Services, you hereby grant to JOLLY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Materials on, through, or by means of the Site and Services. JOLLY does not claim any ownership rights in any such User Materials and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Materials.

B. You acknowledge and agree that you are responsible for all User Materials that you make available. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Materials that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to JOLLY the rights in such User Materials, as contemplated under these Terms; and (ii) neither the User Materials nor your posting, uploading, publication, submission or transmittal of the User Materials or JOLLY’s use of the User Materials (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

C. JOLLY reserves the right (but is not obligated to) to: (a) evaluate or verify the User Materials before allowing them to be published on the Site or otherwise stored in connection with the Services; or (b) alter, remove, or refuse to post or allow to be posted or stored any User Materials that we deem to be in breach of the Terms. JOLLY also reserves the right to disclose any User Materials or any communication through the Services, to (i) any third party in order to operate the Services, (ii) respond to governmental (including law enforcement) inquiries or requests, (iii) comply with valid legal process or any applicable law, (iv) enforce these Terms; (v) respond to claims that any of your User Materials violates the rights of third parties; and/or (vi) protect the rights, property, or personal safety of JOLLY, its users and/or the public.

5. USER CONDUCT RESTRICTIONS.

A. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:

  • Harass any user of our Site or Services or collect, store, sell, disseminate or provide to any other party any personally identifiable information about users;
  • Register for more than one JOLLY account or register for a JOLLY account on behalf of an individual other than yourself;
  • Recruit or otherwise solicit any other user to join third party services or websites that are competitive to JOLLY, without JOLLY’s prior written approval;
  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Submit any Event Listing with false or misleading information;
  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) contains or transmits a virus, worm, Trojan Horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of any computer hardware, software or equipment; (viii) promotes illegal or harmful activities or substances; or (ix) facilitates gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
  • Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Materials transmitted through the Services;
  • Use, display, mirror or frame the Site, or any individual element within the Site or Services, JOLLY’s name, any JOLLY trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JOLLY’s express written consent;
  • Use the Services to transmit any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, survey, contest, investment opportunity, or any other form of solicitation to  any person who has not given specific permission to receive such messages;
  • Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
  • Violate any applicable local, state, national or international law;
  • Post any Events that you have no intention of holding;
  • Dishonor or reject any Event tickets sold and issued in this Site;
  • Oversell tickets for an Event that exceeds the capacity limits as established by the Event venue or local laws and fire regulations; and
  • Engage in any other conduct which, in JOLLY's sole discretion, is considered inappropriate, unauthorized or objectionable.

JOLLY reserves the right, but does not assume the responsibility, to monitor or review your conduct while using the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.  Please report the misconduct of users, Registrants, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to JOLLY. JOLLY, in its sole discretion, may investigate the claim and take necessary action.

B. JOLLY does not endorse any of its users. Although these Terms require you to provide accurate information, JOLLY may not verify or attempt to confirm any information provided by users or any user’s purported identity. You are solely responsible for determining the identity and suitability of other users who you contact via the Services. JOLLY is not responsible for any damage or harm resulting from your interactions with other users.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from JOLLY with respect to such actions or omissions.

6. ADDITIONAL SERVICES.

JOLLY may, upon request, and for such fees as JOLLY may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of these Terms. Such additional services shall be set forth in a written Addendum Agreement to these Terms, and/or other written agreement between you and an authorized officer of JOLLY, which shall set forth the other terms and conditions relating to such additional services.

7. TRANSACTION FEES & PAYMENT.

JOLLY will charge Organizer a service fee for any tickets for an Event sold on the Site (the “Transaction Fee”). Accordingly, the Organizer will take into account the Transaction Fees payable to JOLLY (and any applicable sales or local taxes payable to any tax authorities) when it establishes the ticket price. JOLLY will not charge or impose any service fees on the purchaser of tickets. Organizer shall pay all Transaction Fees and charges as specified in this Agreement.

Event tickets may only be purchased through this Site by credit card. JOLLY will not manage or accept any other payment methods for Event tickets, including onsite payments at the Event (or any other location), payments by check, or any telephone orders for tickets; and Organizer assumes sole responsibility for managing all of the foregoing methods for Event tickets sales outside of this Site.

The Transaction Fees and payment policies will depend on whether the Organizer will be using JOLLY's or Organizer's own payment processor to process credit card payments for purchase of Event tickets.

A. Tickets Sold on Organizer’s Payment Processor

If Organizer chooses to use its own payment processor to process credit card payments, Organizer is responsible for all fees and expenses charged by its merchant bank. JOLLY currently supports the following payment processors: PayPal Pro, PayPal Std, Authorize.Net, and Stripe.

1. Transaction Fees. Organizer will pay a non-refundable Transaction Fee of $1 USD (or equivalent fee set for permitted foreign currencies as specified by JOLLY) per transaction plus 3% (three percent) of the total transaction amount for the purchase of Event tickets. This Transaction Fee is refundable only if a refund is issued to a Purchaser by Organizer pursuant to section 8 below. However, a separate Transaction Fee equal to $2 USD (or equivalent fee set for permitted foreign currencies as specified by JOLLY) per transaction will be charged to process any refunds. JOLLY may adjust the Transaction Fees following thirty (30) days written notice to Organizer via email or announcement on the Eventleaf pricing page on the Site.

USD Other
Transaction Fee $1 + 3% contact us
Refund Fee $2 contact us

2. Payment Terms. Refer to 'FEES & NEGATIVE BALANCE PAYMENT' section of this agreement for the payment terms for the Transaction Fees.

3. Organizer's Responsibility to Verify and Monitor Payments. Organizer acknowledges that processing errors may occur with credit card payments to Organizer's payment processor, and that Organizer is responsible for monitoring its payment processor and merchant bank to verify that proceeds from ticket sales are properly credited to its account. Organizer acknowledges that JOLLY does not have access to Organizer's merchant bank account, and that JOLLY is not liable for any credit card processing errors that could have been detected by Organizer.

As a condition to posting an Event on the Site, Organizer will test and verify its payment processor account through the Site's verification feature, in which Organizer will authorize a one time charge (of between $0.50 to $1.00 USD) on his/her credit card and verify that such "test" credit card payment was properly deposited into Organizer's merchant account. Organizer acknowledges that its payment processor will charge Organizer its standard processing fee for this "test" credit card payment. Organizer agrees to perform this test and verification again for any new merchant accounts associated with an Event.

B. Tickets Sold on JOLLY’s Payment Processor.

If Organizer chooses to use JOLLY's payment processor for Event ticket sales, all credit card payment processing of ticket sales will occur on JOLLY's merchant account. JOLLY's payment processor currently accepts the following currencies: USD. Organizer acknowledges that it is not a direct party or third party beneficiary to JOLLY's agreement with its merchant bank to process credit card payments.

1. Transaction Fees. If Organizer chooses to use JOLLY's payment processor to process credit card payments, Organizer will pay a non-refundable Transaction Fee of $1 USD per transaction plus 6% (six percent) of the total transaction amount for the purchase of Event tickets. This Transaction Fee is refundable only if a refund is issued to Purchaser by Organizer pursuant to section 8 below. However, a separate Transaction Fee equal to $2 USD per transaction will be charged to process any refunds. In the event of any credit card charge backs by a buyer, Organizer shall pay a chargeback fee of $30 USD (or £30 GBP) per credit card transaction. JOLLY may adjust the Transaction Fees following thirty (30) days written notice to Organizer via email or announcement on the Eventleaf pricing page on the Site.

USD
Transaction Fee $1 + 6%
Refund Fee $2
Chargeback Fee $30

2. Account Payment & Settlement. JOLLY will maintain an account balance of all Event ticket sales through the Site. Transaction Fees (and any other charges such as credit card charge backs) will be deducted from the account balance as they occur. If the account balance goes negative, the negative balance will be invoiced on the 5th day of each month (or the next business day if it falls on a weekend or holiday) for the fees incurred in the prior month, and automatically billed to the Organizer's credit card on file. Refer to 'FEES & NEGATIVE BALANCE PAYMENT' section of this agreement for the payment terms for the negative balance.

On the 5th day of the month following the end of the Event (or the next business day if it falls on a weekend or holiday), JOLLY will pay to Organizer the revenues collected from the Event ticket sales minus the applicable Transaction Fees, any credit card charge back fees, any other costs incurred by JOLLY relating to cancelled or postponed events, and any unpaid balances for delinquent invoices owed for other Events posted by Organizer. Payment will be made by either check or electronic transfer based on the method selected by the Organizer. If Organizer selects electronic transfer, Organizer will provide JOLLY with the correct bank account information for the transfer of funds, and JOLLY shall not be responsible for any incorrect information provided by Organizer.

Organizer acknowledges that the proceeds that JOLLY collects from Event ticket sales are earned by Organizer following the conclusion of the applicable Event, and that if an Event is cancelled, Organizer shall issue refunds to all ticket purchasers. Accordingly, JOLLY reserves the right to withhold payments to Organizer for up to 60 days after the Event if (i) JOLLY suspects that Organizer engaged in fraud or any other criminal conduct in connection with the posted Event; or (ii) JOLLY determines it is necessary for the processing and settlement of any refunds, disputed charges, allegations of fraud, chargebacks, customer complaints, or any other extenuating circumstances.

Notwithstanding any other provision, JOLLY shall have the right at its sole discretion to suspend an Event listing and require a refund of any or all ticket sales if: (i) it suspects that Organizer engaged in fraud or any other criminal conduct in connection with the posted Event; or (ii) JOLLY receives a substantial number of complaints about an Event.

8. REFUNDS FOR TICKET SALES.

Organizer will establish its own refund policy for any tickets sold on this Site, which will be stated clearly in the Event listing and conform to the Terms. Such refund policy, shall at a minimum: (1) offer to give a buyer a full unconditional refund if an Event is cancelled or postponed for any reason; and (2) issue the refund no later than 7 business days following the scheduled Event. By publishing an Event on this Site, Organizer agrees to adhere to this policy.

This Site offers functionality that allows the Organizer to initiate a refund for tickets purchased through this Site. This functionality is typically available up to sixty (60) days after the end of the Event.

The Organizer can also choose to allow the ticket Buyer to initiate a refund for tickets purchased through this Site in the Event settings.

A. Tickets Refunded on Organizer’s Payment Gateway / Merchant Account

If a ticket is refunded using the Organizer’s payment gateway, the refund amount will be initiated using the Organizer's payment gateway and any associated service fees will be applied to the Event account balance.

B. Tickets Refunded on JOLLY’s Payment Gateway / Merchant Account.

If a ticket is refunded using the JOLLY payment gateway, the refund amount and any associated service fees (Total Refund Charge) will be subtracted from the Event account balance. If the Event account balance is less than the Total Refund Charge, the amount will be charged to the Organizer's credit card on file.

Organizer is solely responsible for any refunds or chargebacks to its ticket buyers, and agrees that it will independently communicate and coordinate with them to issue any refunds or chargebacks. Organizer acknowledges that JOLLY is only facilitating the sale and purchase of the tickets between the Organizer and the buyer by providing a platform upon which Organizer may post its Event and offer tickets for sale to the Event. JOLLY is therefore not responsible for any refunds or chargebacks to be issued to a buyer. Organizer shall indemnify and hold JOLLY harmless for any claims or damages relating to any customer refunds and chargebacks.

9. MOBILE APPS USAGE FEES.

JOLLY will charge Organizer a mobile apps access fee for an Event for which Organizer has opted to enable and use Eventleaf Mobile Apps (the "Mobile Apps Fee"). JOLLY will not charge or impose a Mobile Apps Fee on the attendees. Organizer shall pay all Mobile Apps Fees as specified in this Agreement.

1. Mobile Apps Fees. Organizer will pay a non-refundable Mobile Apps Fee of $4 USD (or equivalent fee set for permitted foreign currencies as specified by JOLLY) per attendee registration. JOLLY may adjust the Mobile Apps Fees following thirty (30) days written notice to Organizer via email or announcement on the Eventleaf pricing page on the Site.

2. Account Payment & Settlement. Refer to the 'FEES & NEGATIVE BALANCE PAYMENT' section of this agreement for the payment terms for the Mobile Apps Fees.

10. FEES & NEGATIVE BALANCE PAYMENT.

Organizer will maintain a valid credit card on file with JOLLY for the payment of fees and any negative balance. Fees or negative balance owed will be invoiced on the 5th day of each month for the fees or negative balance incurred in the prior month, and automatically charged to Organizer's credit card generally within 24 hours from the invoice date. In the event the Organizer's credit card is declined or invalid, Organizer will pay the invoice through other payment sources within 48 hours notification by JOLLY. Otherwise, Organizer's account, including its Event posting, will be suspended.

If at any time the fees or negative balance incurred for any month exceeds $500 USD (or equivalent limit set for permitted foreign currencies as specified by JOLLY) (the "Initial Credit Limit"), Organizer hereby authorizes JOLLY to immediately charge its credit card the amount owed as of that date. Organizer's account, including its Event posting, will be suspended if Organizer is unable to make such payment within 48 hours notice (including Organizers paying by check or wire transfer). Organizer's payment will be reflected in the next monthly invoice. Organizer may request an increase in its Initial Credit Limit, which will be approved by JOLLY in writing and at its sole discretion.

JOLLY reserves the right to suspend Organizer's account, including its Event posting, if Organizer fails to pay any invoices when due. In addition, interest of ten percent (10%) per annum will be charged on the unpaid balance of any invoice.

11. TAXES.

Organizer is solely responsible for the determination and payment of any city, municipal, county, state, and federal taxes, including sales, use, venue, amusement, or other taxes and governmental charges or levies (collectively, “Taxes”) in connection with the sale of any Event tickets. JOLLY does not give legal or tax advice. Organizer agrees to consult with its own tax advisor regarding payment or collection of any Taxes from ticket sales.

12. TERMINATION.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site, and/or Services, and (b) deactivate or cancel your JOLLY account. Please note that if your JOLLY account is cancelled, we do not have an obligation to delete or return to you any User Materials that you have posted to the Site and Services. Further, you agree that JOLLY shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive its termination (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

13. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOLLY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. JOLLY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE CORRECT OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. JOLLY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, USER MATERIALS,  SERVICES, ACTIONS OR INACTIONS OF ANY USER, REGISTRANT OR OTHER PERSON BEFORE, DURING AND/OR AFTER AN EVENT. IN ADDITION, JOLLY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE.

14. LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE THAT JOLLY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR SUITABILITY OF ANY EVENTS POSTED OR ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING REGISTRANTS', OTHER NON-ORGANIZERS' AND ORGANIZERS') MATERIALS OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING REGISTRANTS AND ORGANIZERS) TO PERFORM ON AN EVENT, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, JOLLY IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (WITHOUT LIMITATION), AND JOLLY HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

AS A CONDITION TO USING THE SERVICES, YOU ALSO AGREE THAT JOLLY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOLLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $100.00 USD IN THE AGGREGATE FOR ALL CLAIMS, OR (IV) ANY MATTERS BEYOND JOLLY'S REASONABLE CONTROL. JOLLY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR USER MATERIALS OR THE USER MATERIALS OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. RELEASE.

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU AGREE TO RELEASE JOLLY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENT POSTED ON THE SITE; OR (2) DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, REGISTRANTS, AND OTHER NON-ORGANIZERS).

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

16. JOLLY PRIVACY POLICY.

All information provided by you or collected by JOLLY in connection with the Services is governed by JOLLY's Privacy Policy, which is located at http://www.jollytech.com/company/privacy-policy.php. JOLLY may use information it receives or collects regarding its users in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to you. Further, any information submitted or provided by you to the Services may be publicly accessible. You should be aware that if you decide to share any personally identifiable information on the Services, this information may become available to the public.

17. GENERAL.

A. Entire Agreement. These Terms constitute the entire agreement between you and JOLLY and governs your use of the Services. These Terms supersedes any prior or contemporaneous agreements, proposals, discussions or communications between you and JOLLY on the subject matter hereof, or Addendum Agreement between you and an authorized officer of JOLLY relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party User Materials or third party Services in a manner other than as governed by these Terms.

B. Controlling Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Mateo County, California or a United States District Court, Northern District of California located in San Mateo County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

C. Dispute Resolution; Arbitration. You and JOLLY agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and JOLLY are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and JOLLY otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

(i) Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

(ii) Notwithstanding the provisions of the “Modification” section above, if JOLLY changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@Jollytech.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of JOLLY’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and JOLLY in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

D. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.

E. Export Controls. The Services are subject to United States export controls. Therefore, you will comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. No part of the Services may be exported to any country to which the U.S. has embargoed goods and/or services of the same type as the Services, or to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services, you represent and warrant that you are not located in, and you are not a national or resident of, any such embargoed country, and that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

F. Waiver; Severability. The failure of JOLLY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JOLLY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

G. Indemnification. You agree to release, defend, indemnify, and hold JOLLY and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services; (b)  your violation of these Terms; (c) your User Materials; (d) your interaction with any user; (e) your creation of an Event and all ticket sales; (f) non-payment or collection of any Taxes relating to ticket sales; and (g) your violation of any local ordinance, state or federal law or regulation.

H. Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, cyber attacks, third party attack or other actions and acts of civil and military authorities.

I. DMCA. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any User Materials made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the User Materials be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Services should be sent to:

Jolly Technologies, Inc.
1510 Fashion Island Blvd, Suite 102
San Mateo, CA 94404
Tel: 650-594-5955
Fax: 650-989-2145
Email: support@jollytech.com

J. No Agency.  No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

K. Contact and Support. If you have any questions about these Terms, or to report any violations of these Terms, please contact us by email to support@jollytech.com.