OVEIT USER AGREEMENT
By clicking a box on our Website ( www.oveit.com) indicating your acceptance of this User Agreement or by accessing or using the OVEIT Tool, registering an account, or subscribing to the OVEIT Tool provided by OVEIT Affiliate Companies (defined in chapter 1. Definitions), you undertake the following:
(a) acknowledgment of reading, understanding and agreeing to be bound by this USER AGREEMENT in your personal capacity or on behalf of the legal person, company or entity that you represent;
(b) represent and warrant that you have the rights and authority in order to act on behalf of and bind the legal person, company or entity that you represent.
This User Agreement represents a legal and binding agreement between OVEIT Affiliate Companies and yourself or the legal person, company or entity that you represent.
If you do not agree with the provisions of this User Agreement or do not possess the rights and authority in order to act on behalf of and bind the legal person, company or entity that you represent, please do not access or use the OVEIT Tool, register an ACCOUNT or use any of the tools that we provide through our website.
OVEIT AFFILIATE COMPANIES:
OVEIT, INC. , with headquarters in Newark, 2035 Sunset Lake Road, Suite B-2, DE 19702, USA, registered with the State of Delaware, Division of Corporations under file# 6398360 and SR# 20172992247, and/or
ONLINE VENUES & EVENTS SRL , with headquarters in Bucharest, 165 Calea Calarasilor, building 38, entrance 3, 8th floor, suite 33, EU, registered with the Romanian Trade Registry under no. J40 /4236 /2015, having fiscal code RO 34339274.
WEBSITE – www.oveit.com domain and its sub-domains
USER CONTENT – any information, software, data, text, audio, video, images, documents or any other type of materials or content, whether tangible or intangible that the User or any other person authorized by the User, provides or uploads using the OVEIT tool or OVEIT website.
OVEIT CONTENT – content provided by OVEIT Affiliate Companies or by any of its partners, collaborators, employees, content suppliers, service providers or licensors, made available in connection with the OVEIT Tool or on the Website in order to provide access and use of the OVEIT Tool to the User.
OVEIT – event, ticketing and venue access management tool provided by OVEIT Affiliate Companies for the User.
ACCOUNT – online user account which must be registered in order to access and use all or part of the OVEIT Tool.
USER – the natural or legal person that has or acquires access to the OVEIT via any numeric equipment (PC’s, mobile phones, mobile tablets etc.) or on the basis of an Agreement by and between the USER and OVEIT Affiliate Companies that entails creating and using an ACCOUNT.
AUTHORIZED USER – individual users (identified by name or total number) which are expressly authorized by the USER and accepted by OVEIT Affiliate Companies to access and use the OVEIT Tool through an ACCOUNT.
CUSTOMER – the natural or legal person that purchases tickets or other items from the User which uses the OVEIT tool in order to provide said tickets or items for purchase.
FEES – the fees payable in order to access and use all or part of the OVEIT Tool, as specified in Section 7.
2. OVEIT TOOL
2.1. OVEIT is an event and venue management tool that can be used in order to organize events such as concerts, plays, business conferences, festivals or multi-day events.
2.2. OVEIT also provides tools to manage access to venues such as theatres, cinemas, clubs, restaurants or museums and/or events described in art. 2.1..
2.3. OVEIT provides the user with the needed features in order to set up events, choose a location for the events, design seating maps, create ticketing options or design personalized badges for the users’ customers.
2.4. OVEIT allows the user to set up forms for their customers in order for the user to receive information provided by the customers.
2.5. OVEIT provides payment processing features that allow the user to directly receive payments made by the customers in connection with events organized through OVEIT.
2.6. OVEIT runs fully embedded within the user’s website, giving the user the control over the interaction with its customers.
3. OVEIT FEATURES
3.1. OVEIT provides the following features for its USERS:
3.2. OVEIT Affiliate Companies have the right to add or remove features to OVEIT, as they deem necessary.
3.3. OVEIT Affiliate Companies have the right to request extra fees for certain features they add to OVEIT.
4. ACCESS TO OVEIT
4.1. In order to access and use the OVEIT Tool, you must register an Account. Accounts may be provided for one or more Authorized Users. Before Registering an Account, you must acknowledge that you have read and accepted the provisions of this User Agreement.
4.2. In order to create the Account, you must provide us with your current email address and certain information necessary in order to access the functionality of the OVEIT tool. By providing said information, you accept the fact that we may use your e-mail address in order to contact you or to send you notifications, information regarding the events you organize by using OVEIT, invoices and other communications necessary for us in order to provide you the features of OVEIT.
4.3. In order to provide you with the features of OVEIT, we require a working e-mail address and correct details regarding the legal person, company or entity that you represent. Therefore, you acknowledge that we may be unable to provide you with the features of OVEIT or contact you unless you provide us with a current, working e-mail address and agree to promptly inform us of any change brought to your e-mail address.
4.4. An account can be created by using the online registration process provided on our Website. An application to register an Account represents your offer to register an Account and is subject to our acceptance of your application. We will confirm acceptance by sending you a confirmation e-mail or any other notice confirming that your Account has been activated.
4.5. OVEIT Affiliate Companies have the right to refuse an application for the registration of Account if it deems it necessary, at any given point in time.
4.6. OVEIT Affiliate Companies reserve the right to cancel access to OVEIT Tool if they deem it necessary, at any given point in time.
4.7. No fees shall be charged by OVEIT Affiliate Companies in order to create the Account, but the User is required to provide OVEIT Affiliate Companies with the relevant information (such as, but not limited to Company name, Registered Office, Fiscal code, banking information), as well as to connect their PayPal/Stripe or other similar Accounts with the OVEIT Tool, in order to receive purchase payments and pay fees requested by OVEIT Affiliate Companies before being able to use OVEIT features.
4.8. In order to register an account, you may be required to create a unique username and password combination. You are responsible for submitting your username and password in accordance with the requirements of the online registration process.
4.9. Once an account is registered, the User is responsible for taking any and all necessary measures in order to prevent unauthorized use of the username and password in order to gain access to and/or use OVEIT.
4.10. The User is responsible for any damages that may be brought to OVEIT Affiliate Companies, our partners, collaborators, service providers or any other natural or legal persons which may be implicated in the functioning of OVEIT, as well as for any damages that may be brought to the users’ customers or to any other natural or legal person, damages that result from one of the following deeds:
4.11. The user undertakes to inform OVEIT Affiliate Companies regarding any event that may imply the fact that the username and password of the user have become known to anyone else without the user’s authorization, or if the username and password are being used or are likely to be used by an unauthorized person or in an unauthorized manner. If such a situation occurs, OVEIT Affiliate Companies shall cancel the password and provide the user with a new temporary password, via e-mail. The temporary password may be used in order to access the Account and change said password.
5.1. By creating an Account and subject to complying with this User Agreement, OVEIT Affiliate Companies grant the user a personal, non-exclusive, non-transferable, non-sublicensable, revocable and temporary license to access and use the OVEIT Tool.
5.2. The License is provided solely for using the features of OVEIT, in compliance with this User Agreement and any and all applicable laws and regulations.
6. RESTRICTIONS OF USE
6.1. The user undertakes:
7.1. OVEIT Affiliate Companies require no fees for creating an Account.
7.2. Fees are charged when the user sells paid tickets through OVEIT.
7.3. Users that create events that are free to attend by using OVEIT shall be free for the first 1,000 participants. The price per participant, after the first 1,000 participants, is €1 (one euro) per participant.
7.4. The standard fee charged by OVEIT Affiliate Companies is 2.4% for the PRO Plan and 4.99% for the Premium plan of the price of each ticket sold by the user to an event created using OVEIT.
7.5. OVEIT Affiliate Companies may change the above-mentioned standard fee. Said changes shall be made available on the website and shall be notified to its users, at least 10 days before said changes come into effect.
7.6. OVEIT Affiliate Companies have the right to request different fees for extra features it may add to OVEIT in the future or for any features specifically requested by the user.
7.7. OVEIT Affiliate Companies have the right to refuse implementing any extra-feature requested by the user, given that said feature is not included in Art. 3.1.
8.1. In order to receive and make payments through OVEIT, the user must connect their OVEIT account to the relevant electronic payment system (e.g. PayPal, Stripe etc.) accepted within the OVEIT platform.
8.2. Any and all credit card or debit card payments are subject to validation checks and authorization by the card issuer. If the issuer refuses or does not authorize a payment, said payment shall not be processed.
8.3. Each invoice generated by OVEIT referring to the fees payable by the user to OVEIT Affiliate Companies must be paid in 15 days following the issue of said invoice.
8.4. Any and all delays of payment by the user to OVEIT Affiliate Companies shall be charged with a penalty of 0.1%/day of delay, calculated in connection to the debt owed by the user.
8.5. If the user does not make a payment owed to OVEIT Affiliate Companies within 30 days from the deadline provided by Art. 8.3., OVEIT Affiliate Companies may cancel the user’s account or temporary deny the user’s access to OVEIT until the payment is received in full.
9. RIGHTS AND OBLIGATIONS
9.1. Rights and obligations of OVEIT Affiliate Companies
9.1.1. OVEIT Affiliate Companies have the right to receive payment of the fees within the terms and conditions established in this User Agreement.
9.1.2. OVEIT Affiliate Companies have the right to request any and all data from the user necessary in order to grant access to the features of OVEIT.
9.1.3. OVEIT Affiliate Companies have the right to access the content owned by the user or third parties when said access is necessary in order to provide the user with the features of OVEIT. Any content owned by the user, including all of the trademarks it owns is and shall remain the exclusive property of the user. The Content owned by third parties is and shall remain the exclusive property of their owners. OVEIT Affiliate Companies undertake to inform the user regarding any content owned by third-parties that OVEIT Affiliate Companies consider necessary in order to provide the user with the features of OVEIT.
9.1.4. OVEIT Affiliate Companies undertake to grant the user the access to use OVEIT, subject to the user complying with the provisions of this User Agreement.
9.1.5. OVEIT Affiliate Companies undertake to provide support for the user when OVEIT or a part of it is not accessible due to issues that are solvable by OVEIT Affiliate Companies. OVEIT Affiliate Companies are not liable for any situation in which the user cannot use OVEIT or a part of it due to reasons independent from OVEIT Affiliate Companies, such as, but not limited to, the users’ lack of a data connection.
9.2. Rights and obligations of the user
9.2.1. The user has the right to access and use OVEIT or part of it, subject to complying with the provisions of this User Agreement.
9.2.2. The user undertakes to pay OVEIT Affiliate Company, the fees established in this User Agreement, within the terms and conditions specified within, with the exception, if the case may be, of separate addendums signed by the parties which stipulate new terms.
9.2.3. The user undertakes to provide OVEIT Affiliate Company with any and all data necessary in order to acquire access to the features of OVEIT.
9.2.4. The user undertakes to provide OVEIT Affiliate Company with any and all data requested by OVEIT Affiliate Company in order to provide the user with the features of OVEIT.
9.2.5. The user undertakes to fully-comply with the provisions of this User Agreement, including but not limited to the provisions of Section 6 of this User Agreement.
10. CONTENT & INTELLECTUAL PROPERTY RIGHTS
10.1. OVEIT CONTENT
10.1.1. The User agrees that any and all materials, including but not limited to information, data, assets, text, design, know-how, marketing materials, photos, videos, graphics, animations, sound and any other content, contained in or delivered by the website or the OVEIT Tool is the sole property of ONLINE VENUES & EVENTS SRL or third-parties that provide said Content to OVEIT Affiliate Companies.
10.1.2. Any and all content related to the functioning of OVEIT, including the tool’s source code is the sole property of ONLINE VENUES & EVENTS SRL or any third-parties that provide such content to ONLINE VENUES & EVENTS and is protected by copyright law.
10.1.3. The user undertakes not to sell, license, rent, distribute, modify, copy, reproduce, publish, display, adapt, edit any Content owned by ONLINE VENUES & EVENTS SRL or third-parties that provide said Content to OVEIT Affiliate Companies.
10.1.4. Any Content provided by OVEIT Affiliate Companies to the user on the basis of this User Agreement shall be used exclusively in order to access and use OVEIT and its features, in accordance with this User Agreement.
10.2. USER CONTENT
10.2.1. The User guarantees that any and all content uploaded or used in connection with the use of OVEIT does not breach any intellectual property rights owned by third-parties. OVEIT Affiliate Companies are not liable for any breach of intellectual property rights resulting from the content uploaded or used by the user within OVEIT.
10.2.2. OVEIT Affiliate Companies have the right to remove any and all content provided or uploaded by the user through OVEIT in the event where OVEIT Affiliate Companies consider that said content breaches or is likely to breach any intellectual property rights. OVEIT Affiliate Companies are not liable for any damages brought to the user or any other legal or natural person following the removal of said content.
10.2.3. Should the user breach the provisions of article 10.2.1., OVEIT Affiliate Companies are entitled to any compensation for damages brought to it from or in connection with the said breach.
10.3. INTELLECTUAL PROPERTY RIGHTS
10.3.1 Any and all data, information, assets and other such content provided by OVEIT Affiliate Companies in order to grant the user with access to the features of OVEIT are Intellectual Property Rights of ONLINE VENUES & EVENTS SRL.
10.3.2. Any and all data, information, assets and other such content uploaded by the user are Intellectual Property Rights belonging to the user or any third-parties that provide said content to the user.
11.1. OVEIT Affiliate Companies, as the case may be, and the user (collectively referred to as “the Parties”) undertake to respect the confidentiality of any and all data, information and assets that they become aware following the creation of the User Account and undertake not to make any statements or copies regarding said data, information and assets as well as not to take any actions that may damage the interests of any of the Parties in their relations to third-parties. The confidentiality obligation is applicable throughout the execution of this User Agreement and shall remain valid for a two years period following the termination of the User Agreement.
11.2. The Parties undertake to assure that their employees, workers or subcontractors do not disclose the deeds which are provided for in the above article.
11.3. Nevertheless, no provision of this User Agreement shall not be construed as preventing the use or disclosure of information:
11.4. The Parties undertake not to disclose any know-how, commercial secrets, including marketing, to any third parties, during the performance of the User Agreement and afterwards, during the validity period of the clause.
11.5. If the event that a party breaches these obligations, the Party which suffers damages is entitled to request reimbursements, in accordance with the provisions of Romanian legislation.
12. OVEIT MODIFICATIONS
12.1. OVEIT Affiliate Companies have the right to bring modifications to OVEIT, as they deem it necessary, such as but not limited to the following:
- adding features;
- removing features;
- structuring fees for each feature or for packages containing one or more features;
- introducing monthly/yearly subscription fees for the use of OVEIT instead of the percentage-based fees provided by Section 7.
13. USER AGREEMENT MODIFICATIONS
13.1. OVEIT Affiliate Companies, as the case may be, have the right to amend this User Agreement as they deem necessary or as new laws and regulations may require.
13.2. OVEIT Affiliate Companies, as the case may be, undertake to notify said amendments to the user, with at least 5 days before the amendments enter into effect.
14. LIMITATION OF LIABLITY
14.1. To the extent legally permitted, OVEIT Affiliate Companies shall not be liable to the user, its customers or to any other person for:
15.1. Any and all notifications between the Parties shall be made in writing.
15.2. OVEIT Affiliate Companies shall send any and all notifications to the e-mail address provided by the user.
15.3. Any changes brought to the user’s e-mail address shall be notified to OVEIT Affiliate Companies within 2 days deadline following said change.
15.4. The user will send any and all notifications regarding this User Agreement, access and use of OVEIT and any related matters to the following e-mail address: email@example.com.
16. FORCE MAJEURE
16.1. With the exception of the cases which are not expressly prescribed, none of the parties to the pending agreement shall be liable for non-performance on time or in an adequate manner, in full or in part, of the obligations under the agreement in the event such non-performance was caused by force majeure.
16.2. The party or the legal representative of the party who invokes force majeure shall be compelled to inform the other party immediately and completely to the occurrence of such event and take appropriate measures to limit the consequences of such event.
16.3. The party or the legal representative of the party who invokes force majeure shall be exonerated from such obligation in the event such event impedes the performance of such obligation.
16.4. If within 15 days as of the occurrence of the event force majeure is still in effect, each party shall have the right to terminate the agreement and notify the other party with respect to such termination and neither party shall seek reliance damages.
16.5. The party who invoked force majeure shall submit proof of impairment by force majeure within 30 days as of the date the event occurred (within the limitations imposed by article 16.3).
17. USER LIABILITY
17.1. The user is liable for any and all damages brought to OVEIT Affiliate Companies or any other natural or legal person by breaching the provision of this User Agreement or by any other action or inaction connected to the use of the OVEIT tool and any of its features.
18.1. The user undertakes to comply with this User Agreement.
18.2. Any dispute regarding this User Agreement that may arise between OVEIT Affiliate Companies and the user shall be settled amicably.
18.3. If such settlement is not possible, the dispute shall be settled by the competent courts of the State of Delaware, USA for Oveit, Inc. and the courts of Romania for Online Venues & Events SRL, in compliance with the case’s applicable laws, if the User is a legal person. In the event where the User is a natural person, the dispute shall be settled by the competent court, in compliance with the State of Delaware, USA or Romanian laws, as the case may be.
18.4. This User Agreement was drafted and shall be construed in compliance with USA and Romanian/EU legislation.
19.1. OVEIT Affiliate Companies has the right to terminate this User Agreement at any time, if is unable to further provide OVEIT and its features.
19.2. OVEIT Affiliate Companies have the right to terminate this User Agreement, by deleting a user Account, if said user breaches the provisions of this User Agreement.
19.3. The user has the right to terminate this User Agreement by deleting its Account.
19.4. OVEIT Affiliate Companies have the right to refuse the deletion of a User Account until any outstanding debt owed by the user is paid in full.
19.5. Any outstanding debt owed by the user to OVEIT Affiliate Companies, as the case may by, shall remain enforceable.