Terms of use

Buyers

Organizers

ePasslive Terms of Use The following terms of use bind you to EPASSLIVE and govern your use of EPASSLIVE services. In case of any discrepancies between the French version and the English version of these Terms of Use, the French version shall prevail.

By creating your ePasslive account, you confirm that you are the authorized person to open this account, represent the organization, modify the profile and its settings, sell tickets or any product, validate entries, claim funds, and use all services available on ePasslive.

1. Acceptance of Terms

1.1 Overview.

The following terms of use (these "Terms") apply to all your uses as an organizer (as defined below) of (a) the websites and domains of EPASSLIVE [Owned by Kay Productions Musique Inc.] (including all web pages, subdomains, and sub-sections contained therein, collectively: the Site), (b) all services available on and through the Site or provided by EPASSLIVE in connection with events posted on the site, and (c) all software (as defined below) (collectively, the Services). The Services are owned and operated by EPASSLIVE. The Services are offered in exchange for your acceptance without modification of any of the terms contained herein and any other rules, policies, and procedures that may be posted on the Site from time to time by EPASSLIVE. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL THE TERMS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY EPASSLIVE. IF YOU DO NOT AGREE TO SUCH TERMS, RULES, POLICIES, OR PROCEDURES, DO NOT USE OR ACCESS THESE SERVICES. THESE TERMS MAY ONLY BE MODIFIED (I) ON AN INDIVIDUAL EVENT BASIS BY A WRITTEN AGREEMENT OR WRITTEN ADDENDUM TO THESE TERMS SIGNED BY YOU AND A DULY AUTHORIZED REPRESENTATIVE OF EPASSLIVE OR (II) BY EPASSLIVE PURSUANT TO THE TERMS PROVIDED IN SECTION 1.2.

1.2 Modifications.

EPASSLIVE reserves the right, at its sole discretion, to modify, adapt, or replace any terms of these Terms at any time. However, EPASSLIVE commits to sending prior notice by email or via the Site when significant changes are made to the terms of use. It is your responsibility to review these Terms regularly to stay informed of any changes. If you do not accept the changes, you have the option to terminate your account within 30 days from the notice of the changes. Your continued use of the Services after the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the changes in these Terms, your sole remedy is to stop using the services and cease access to the site.

1.3 Language.

We may translate these Terms of Use, our Privacy Policies, or our other operating rules, policies, and procedures that may be posted on the Site from time to time into other languages for your convenience. The French version of each of these documents is the version that governs your use of the Services. In the event of any inconsistency between the French version and a translated version, the French version shall prevail.

2. Description of ePasslive.

EPASSLIVE provides a simple and fast way for registered users who are event organizers or planners ("Organizers" or "you") to collect payments related to the sale of tickets/registrations, merchandise, and services for events registered on the Site, including Service Fees (as defined below) ("Event Registration Fees"), from customers wishing to attend these events ("Buyers"). These Terms apply to you and your use of the Services as an Organizer. For the Terms of Use of the Services that apply to you as a Buyer and/or non-Organizer user or visitor, refer to the "Buyer" section available at the top of this page.

3. Your Use of the Services.

3.1 The Services.

EPASSLIVE grants you the non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purpose of browsing the Site, searching for, viewing, registering for, and interacting with, an event registered on the Site, in each case (i) in full compliance with these Terms, and (ii) as permitted under all applicable laws and regulations (national and international). Notwithstanding the foregoing, you are not authorized, and you may not authorize a third party, directly or indirectly: (i) to modify, reproduce, or create derivative works of any part of the Services or Site Content (as defined below); (ii) to reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the Services (except to the extent restrictions on reverse engineering are prohibited by applicable local law); (iii) to rent, lease, sell, resell, distribute, or otherwise use the Services for time-sharing or service bureau purposes or for any other commercial purpose; (iv) to remove or alter any proprietary notices or labels on the Site or the Site Content; (v) to engage in or attempt to engage in any activity that interferes with or disrupts the Services; or (vi) to engage in or attempt to engage in any fraudulent activity.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, EPASSLIVE grants you a personal, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software solely for your internal use in connection with the Services and only in accordance with these Terms and any written instructions (if any) provided by EPASSLIVE in connection with the Software. For clarity, "Software" refers to any and all software available on or through the Site or provided by EPASSLIVE, including, without limitation, EPASSLIVE’s mobile applications. The Software shall be considered part of the "Services." No Software may be downloaded or exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your own risk. You are also responsible for using the Software in a manner consistent with all applicable federal, provincial, and local laws and the rules and regulations of all involved credit card companies. The software and related documentation shall be deemed "commercial software" and "commercial software documentation," respectively. Use, duplication, or disclosure of the software or its documentation by the Canadian government or on its behalf is subject to the limitations defined in these terms of use.

4. Your Registration Obligations.

To be a user of the Services as an Organizer, you agree: (a) to provide truthful, accurate, current, and complete personal information as requested in the Site's various registration forms (the "Registration Data") and (b) to maintain and promptly update this Registration Data to ensure it remains truthful, accurate, current, and complete. If you provide information that is untruthful, inaccurate, outdated, or incomplete, or if EPASSLIVE has reasonable grounds to suspect that the information provided is untruthful, inaccurate, outdated, or incomplete, EPASSLIVE has the right to suspend or terminate all your accounts and refuse any current or future use of the Services (or any portion thereof). EPASSLIVE is concerned with the safety and privacy of all its users, particularly that of children. For this reason, and to comply with the terms of use of PPF service providers or other third-party service providers, you must be at least 18 years old, or the legal age of majority in your location if the age of majority is higher there, to create an account.

5. Content.

5.1 Site Content.

You agree that all components, including, without limitation, information, data, software, text, design elements, graphics, images, and other content (collectively, "Content") contained in or delivered through the Services or made available by EPASSLIVE in connection with the Services (collectively, "Site Content") are protected by copyright, trademarks, service marks, trade secrets, or other intellectual property rights and other laws and rights related to property. EPASSLIVE respects the intellectual property rights of users and third parties. If you believe your content has been used inappropriately on the Site, you may contact EPASSLIVE. EPASSLIVE may own the Site Content, or a portion of it may have been made available to EPASSLIVE under agreements with third parties. Unless expressly authorized by EPASSLIVE in writing and in connection with your intended use of a feature of the Services, you agree not to sell, license, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any part of the Site Content or publish any part of the Site Content on any other website or in any networked environment for any reason. Reproducing, copying, or distributing any part of the Site Content for any reason is strictly prohibited without prior written permission from EPASSLIVE. You may use the Site Content only for purposes permitted by these Terms and all applicable laws and regulations (national and international). All rights not expressly granted herein are reserved.

5.2 Your Content.

You acknowledge and agree that if you contribute, provide, or make available any content to the Site ("Your Content"), you grant EPASSLIVE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works from, perform, display, or otherwise exploit Your Content, in whole or in part, in any media known or to be developed, for any purpose or any other reason. You represent and warrant that you have all the rights, power, and authority necessary to grant the aforementioned license, and that all Your Content (i) does not infringe, violate, misappropriate, or conflict with the rights of any other third party, and (ii) complies with all applicable laws and regulations (national and international). Furthermore, Your Content must be accurate and truthful. EPASSLIVE reserves the right to remove or reject any part of Your Content from the Site at any time if EPASSLIVE believes, in its sole discretion, that it is not in compliance with these Terms. Additionally, you agree that EPASSLIVE may use your name and logo (whether or not you have made it available on the Site) to identify you on the Site or in business or advertising materials as a current or past client of EPASSLIVE.

5.3 Copyright Notice

If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you may send us a notice requesting that the Content be removed or that access to it be blocked. Notices and counter-notices must meet the then-current legal requirements imposed by Canadian copyright laws. Notices and counter-notices regarding the Services should be sent to:

EPASSLIVE

5520 Chabot, Suite 204

Montreal, QC, Canada

H2H 2S7

Email: support@epasslive.com

6. Accounts, Passwords, and Security

During the Site's registration process, you will create a password and an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions of sub-users registered under your account. You agree to (a) immediately notify EPASSLIVE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. EPASSLIVE cannot and will not be liable for any loss, damage, or other consequences resulting from your failure to comply with this Section or from any unauthorized access or use of your account. In the event of a conflict between two or more parties over account ownership, you agree that EPASSLIVE may, in its sole discretion, arbitrate such disputes and that EPASSLIVE’s decision (which may include termination or suspension of any accounts subject to dispute) will be final and binding on all parties involved.

7. Payments and Billing.

7.1 Billing.

EPASSLIVE charges the buyer a fee for the use of the EPASSLIVE platform and services during the purchase of one or more tickets (the "Service Fees"). EPASSLIVE is never the seller of tickets and/or merchandise and/or derivative products and/or any other product purchased by the buyer and cannot be considered as such. During a transaction, EPASSLIVE will email the buyer a transaction statement containing a complete summary of the transaction, as well as an invoice containing only the amounts charged for the Service Fees and applicable taxes on those Service Fees. Each Service Fee invoice will include the Organizer's billing email address so that the buyer can contact the Organizer to request an official invoice for the tickets purchased, excluding the Service Fees, as these are two separate billings. The buyer will pay both invoices in a single transaction: (i) the invoice for the service fees billed by EPASSLIVE and (ii) the invoice for the tickets billed by the Organizer. If a buyer contacts an Organizer to request an official copy of the invoice for the tickets purchased, the Organizer is OBLIGATED TO PROVIDE THE INVOICE UPON REQUEST.

7.2 Overview.

For online sales, the only available payment process is a "Facilitated Payment Process" ("FPP"), which consists of collecting Event Registration Fees using the Moneris payment system. EPASSLIVE will collect the full revenue and may remit the appropriate share (the gross sales amount minus EPASSLIVE fees plus taxes and minus the credit card fees of 3%) to the Organizer before or after the event. The Organizer may request payment at any time, but EPASSLIVE reserves the right to withhold funds for up to 30 days after the event. For more information and to see Moneris's terms of use, please visit www.moneris.com.

7.3 Facilitated Payment Process.

(a) Independence.

By using an FPP, Organizers and buyers submit applicable monetary transactions to the services of the said FPP and are bound by the applicable terms of use governing the use of such services.

(b) Service Fees.

EPASSLIVE will collect the total amount of each transaction completed through the site, including the service fees added by EPASSLIVE and the taxes related to these service fees. The service fee per ticket and/or item sold on the site is $1 plus 3% of the ticket and item price, plus applicable taxes (GST and QST). If you collect revenue from sales directly, without using the FPP, you agree to remit to EPASSLIVE all applicable Service Fees you have collected. These fees will be invoiced to you monthly. In case of a system error where you have received the shares attributable to EPASSLIVE (based on the number of tickets sold by you or the value of those tickets and any additional Service Fees, equipment rental fees, ticket printing fees, and any other fees of any kind payable by you to EPASSLIVE in consideration for providing the Services), you agree to remit these shares for which payments are due and payable upon receipt of the invoice describing these fees. You agree to take full responsibility for refunds to Buyers at your sole discretion. EPASSLIVE will not be held responsible, and the Organizer agrees to fully indemnify EPASSLIVE and its affiliates, for refunds, refund-related errors, or denials of refunds in connection with the use of the FPP option. Invoices are issued monthly for fees incurred in the previous month, if applicable. Since the service is delivered and completed directly at the time of purchase, the service fee may not be refundable, at EPASSLIVE's discretion.

(c) Refunds.

(i) It is the Organizer's responsibility to communicate its refund policies to Buyers and process refunds to Buyers through the Site if the original transaction was made within the past 365 days. EPASSLIVE will provide tools to facilitate the refund process and may assist the Organizer in complex situations, subject to additional fees. Any communication or dispute regarding refunds is between the Organizer and the Buyer. EPASSLIVE will only intervene in refunds in the case of repeated Buyer complaints or proven fraudulent activity. An Organizer must ensure that its refund policy is consistent with these Terms and the payment and refund mechanism. The Site allows an Organizer to issue refunds to a Buyer for any transaction made within the last 365 days. Although not recommended to avoid errors, you may also issue refunds directly from your bank account. For refunds of transactions older than 365 days, the Organizer must issue the refund directly from their bank account. Any communication or dispute regarding refunds is between the Organizer and the Buyer, and EPASSLIVE will not be responsible for, and the Organizer agrees to fully indemnify EPASSLIVE and its affiliates for, refunds, refund errors, or refund omissions.

(ii) Notwithstanding the above, you acknowledge and agree that EPASSLIVE shall have the right to force a refund of any or all tickets at any time for any reason, including, without limitation, if EPASSLIVE receives a substantial number (as determined by EPASSLIVE in its sole discretion) of complaints from Buyers regarding the applicable event or another event held by an Organizer, or EPASSLIVE determines in its sole discretion that the Organizer has engaged in fraudulent activity or made any misrepresentation. Additionally, if one or more Buyers request a refund, regardless of whether it results from a canceled event or any other reason for which EPASSLIVE may reasonably expect to incur a chargeback, EPASSLIVE may, in its sole discretion, issue such refunds to these Buyers, in which case the Organizer will be responsible for reimbursing EPASSLIVE for the applicable amount.

(d) Chargebacks.

Under the credit card processing option via Moneris, any chargeback requested by a buyer for any reason related to an event will be charged back to the organizer of that event. Communication or disputes relating to chargebacks and/or eChecks (deferred payments) are solely between organizers and buyers, and EPASSLIVE will not be held responsible, and the organizer agrees to fully indemnify EPASSLIVE and its affiliates for, insufficient funds, eCheck rejections (for any reason), and chargebacks associated with the use of the credit card processing option.

(e) Credit Card Fees.

Credit card fees will be fully covered by the Organizer. The fees are 3% of the total amount of each transaction and will be directly deducted from the amount owed to the Organizer by EPASSLIVE. These fees are calculated on each final transaction and cannot be claimed back from EPASSLIVE under any circumstances.

(f) Verified Account.

You must enter your bank account information in the "Account Settings" section in order to receive payments. No payment can be received through an unverified account. Payments can be issued by check or direct deposit. In the case of a direct deposit, it is the Organizer's responsibility to validate the information provided. You can request to withdraw or modify your bank account information at any time, either in your account settings or by contacting an ePasslive representative directly. Payment processing (fees are automatically deducted, and any amounts due to EPASSLIVE may also be deducted) begins 48 hours after the Organizer's request. Once approved by EPASSLIVE, payments are only issued in the currency you used to collect payments. Once initiated, direct deposits appear in your account according to your bank's timelines.

7.4 Non-Exclusive Remedies.

(a) Payments.

In the event that the Organizer defaults on any payment owed to EPASSLIVE under these Terms within the specified timeframe, interest will accrue on such amounts calculated from the date due until fully paid at a rate equal to the lesser of (a) twelve percent (12%) per annum or (b) the maximum rate permitted by applicable law. In the event any amount owed by an Organizer to EPASSLIVE under these Terms or otherwise, EPASSLIVE may, without limiting its other rights and remedies, (i) deduct such amounts from the Organizer’s balance for that particular event or for any other event the Organizer lists through the Services; and/or (ii) send an invoice to the Organizer for such amounts, in which case the Organizer must pay the amount in full within thirty (30) days after the date of the invoice. If payment of any amount due to EPASSLIVE is not made when due, EPASSLIVE reserves the right, at its sole discretion and without limiting its other rights and remedies, to suspend the Organizer’s access to the Services (including all Organizer accounts) and cancel any events listed by the Organizer.

(b) Confirmation.

Upon receipt of payment authorization, regardless of the payment method, for each individual ticket purchase, EPASSLIVE generates a confirmation message and issues a unique confirmation number. You agree to accept, honor, and fulfill all your obligations with respect to confirmed sales made through EPASSLIVE via the Services, and it is your responsibility to verify the buyer’s registration status, confirmation number, and any applicable restrictions before the event.

(c) Taxes; Withholding.

(i) You are solely responsible for determining, collecting, remitting, and reporting any sales, use, consumption, excise, entertainment, value-added, or other taxes, duties, fees, and charges (collectively, “Taxes”) that may apply to your use of the Services, and to collect, remit, and report the correct amounts of such Taxes to the applicable government authority. EPASSLIVE does not represent or warrant that any tax tools available on the Site meet all tax requirements applicable to you. EPASSLIVE cannot provide tax advice, so you should consult with your own tax advisor regarding the applicable Taxes. If any government authority requires EPASSLIVE to pay any Taxes attributable to your use of the Services, you agree to reimburse and indemnify EPASSLIVE for such Taxes and any related costs and expenses. FOR CLARITY: THE PRICES YOU ENTER ON YOUR TICKETS ARE ALWAYS TAX-INCLUSIVE. YOU ARE RESPONSIBLE FOR CALCULATING AND DEDUCTING THE APPLICABLE TAXES TO MAKE YOUR FILINGS AND PAYMENTS TO THE APPROPRIATE GOVERNMENT.

(ii) All Service Fees charged by EPASSLIVE are subject to applicable Taxes. As each transaction involves two separate billings payable in a single payment by the Buyer, EPASSLIVE will be solely responsible for reporting its own Taxes related to the Services and Service Fees EPASSLIVE provides.

(iii) EPASSLIVE reserves the right to withhold payment of any amounts due to you if EPASSLIVE suspects or determines that such amounts have been generated (A) fraudulently, (B) in violation of these Terms, or (C) in violation of any applicable law or regulation (domestic or international), or if EPASSLIVE is required to do so in accordance with any applicable law or regulation, domestic or foreign. Such withholdings may be temporary or permanent, at EPASSLIVE’s sole discretion.

7.4 Non-Exclusive Remedies

(a) Payments. In the event that the Organizer defaults on any payment owed to EPASSLIVE under these Terms within the specified timeframe, interest will accrue on such amounts calculated from the date due until fully paid at a rate equal to the lesser of (a) twelve percent (12%) per annum or (b) the maximum rate permitted by applicable law. In the event any amount owed by an Organizer to EPASSLIVE under these Terms or otherwise, EPASSLIVE may, without limiting its other rights and remedies, (i) deduct such amounts from the Organizer’s balance for that particular event or for any other event the Organizer lists through the Services; and/or (ii) send an invoice to the Organizer for such amounts, in which case the Organizer must pay the amount in full within thirty (30) days after the date of the invoice. If payment of any amount due to EPASSLIVE is not made when due, EPASSLIVE reserves the right, at its sole discretion and without limiting its other rights and remedies, to suspend the Organizer’s access to the Services (including all Organizer accounts) and cancel any events listed by the Organizer.

(b) Confirmation. Upon receipt of payment authorization, regardless of the payment method, for each individual ticket purchase, EPASSLIVE generates a confirmation message and issues a unique confirmation number. You agree to accept, honor, and fulfill all your obligations with respect to confirmed sales made through EPASSLIVE via the Services, and it is your responsibility to verify the buyer’s registration status, confirmation number, and any applicable restrictions before the event.

8. Subdomains.

EPASSLIVE grants you the right to use a subdomain (e.g., epasslive.com/subdomain). Each of these subdomains is exclusively owned by EPASSLIVE. If EPASSLIVE provides you with a subdomain, your right to use such subdomain may be revoked by EPASSLIVE at any time (with or without notice) and for any reason or no reason.

9. International Use Warnings.

Recognizing the global nature of the internet, you agree to comply with all local laws regarding online conduct and acceptable content. For example, and without limitation, you agree to comply with all applicable laws and regulations (domestic and international) regarding the transmission of technical data exported from Canada or the country in which you reside. Additionally, the Services are subject to Canadian export control laws. No part of the Services may be exported or re-exported into any country subject to an embargo from Canada on similar goods or services, or to any resident or national of such a country. By using the Services or any part of them (including downloading any software), you represent and warrant that you are not located in or a resident of any such country.

10. Conduct.

10.1 Certain Restrictions.

For any reason, you understand that you are responsible for all content, in any form, that you provide or make available to the Services or with the services, including to buyers and other users of the Services. You agree not to use the Services to:

Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or ethnically objectionable, or otherwise objectionable;
Harm minors in any way;
Facilitate gambling, lotteries, contests, and/or any activity where a prize is awarded, other than compliant and lawful contests or lotteries;
Impersonate any person or entity, including, but not limited to, an EPASSLIVE representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
Upload, post, email, transmit, or otherwise make available any Content for which you do not have the right to make available under any law or under contractual or fiduciary relationships;
Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Post, email, upload, transmit, or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations for events listed on the Site and other goods and services sold or provided in connection with such events;
Upload, post, email, transmit, or otherwise make available any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment in a way that is not permitted by these Terms or expressly authorized by EPASSLIVE;
Interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
Violate any applicable law or regulation (domestic or international), either intentionally or unintentionally; or
Stalk or otherwise harass any person or entity.

11. Indemnification.

You agree to defend, indemnify, and hold harmless EPASSLIVE, its affiliates, and each of their respective officers, directors, other partners, and employees from any damages, whether direct, indirect, incidental, or consequential, and from all losses, liabilities, costs, and expenses (including, without limitation, reasonable legal fees) arising out of any claim, demand, lawsuit, action, proceeding, or investigation (whether by arbitration, court, mediator, or otherwise) initiated by any third party ("Claim") due to or arising out of your Content; your events posted; your use of the service, your connection to the Services; your violation of these Terms; and/or your violation of any third-party rights. EPASSLIVE will notify you of the existence of such a claim, provided that any failure or delay in providing such notice by EPASSLIVE does not limit your liabilities hereunder. EPASSLIVE reserves the right to assume the defense and control of any matter subject to indemnification under this section, and you agree to cooperate with any reasonable requests in assisting EPASSLIVE’s defense of such matters.

12. Additional Services.

For fees set by EPASSLIVE at its sole discretion, EPASSLIVE may provide you with additional services beyond the functionality of the Site, including but not limited to the rental of ticket readers, consulting services, on-site personnel to assist with event management, and dedicated account management services. Any additional services provided before, during, or after your event will be deemed part of the Services and will be subject to the full provisions of these Terms. Such additional services will be defined in a written addendum attached to these Terms, an EPASSLIVE Equipment Rental Agreement, and/or any other written agreement between you and an authorized EPASSLIVE representative, and will include Service Fees and other terms related to such additional services. For equipment rentals, you must complete a separate EPASSLIVE Equipment Rental Agreement.

13. Modification/Suspension of Services.

EPASSLIVE reserves the right, at any time and for any duration, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason, with or without notice. In no event shall EPASSLIVE be liable to you for any refund of Service Fees, regardless of the reason. You agree that EPASSLIVE shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

14. Termination.

At its sole discretion, EPASSLIVE may terminate your password, account(s) (or any part thereof), and/or your use of the Services, and remove and discard any of Your Content (in whole or in part) posted on the Services, at any time and for any reason, including, without limitation, due to inactivity or if EPASSLIVE believes that you have violated or acted inconsistently with these Terms. You agree that any termination of your access to or use of the Services may be effected without prior notice, and you agree and acknowledge that EPASSLIVE may immediately deactivate or delete your account and all related Content and files in your account and/or bar any further access to such files or the Services. Further, you agree that EPASSLIVE shall not be liable to you or any third party for any termination of your access to the Services.

15. Links.

The Services may provide, or third parties may provide, links to other websites or resources. As EPASSLIVE has no control over such websites or resources, you acknowledge and agree that EPASSLIVE is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services, or other materials on or available from such websites or resources. You further acknowledge and agree that EPASSLIVE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such website or resource.

16. Privacy.

EPASSLIVE is committed to handling personal information in accordance with Canadian and Quebec privacy laws, including, but not limited to, the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and Quebec’s Law 25. Our data protection policy aims to ensure that your information is collected, used, stored, and disclosed in a secure and lawful manner.

17. Disclaimers of Warranties.

WE PROVIDE THE SITE AND ITS CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE DURING THE COURSE OF DEALING OR USAGE IN TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT INTERRUPTION, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE EPASSLIVE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY. CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

EPASSLIVE MAKES NO WARRANTY THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART OF THEM), WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. EPASSLIVE IS NOT, AND WILL NOT BE, RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, FRAUD, ACTIONS, OR INACTION OF ANY USER, BUYER, OTHER NON-ORGANIZER, ORGANIZER, OR THIRD PARTY BEFORE, DURING, AND/OR AFTER AN EVENT; AND EPASSLIVE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED ABOVE. YOU ACKNOWLEDGE THAT EPASSLIVE HAS NO CONTROL OVER, AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF CONTENT OR LISTINGS PROVIDED BY ANY USER (INCLUDING, WITHOUT LIMITATION, BUYERS, OTHER NON-ORGANIZERS, AND ORGANIZERS), OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS, AND ORGANIZERS) TO PERFORM OR COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

You may report the misconduct of users, Buyers, other Non-Organizers, Organizers, and/or third parties in connection with the Site or any EPASSLIVE Service. EPASSLIVE, at its sole discretion, may investigate the claim and take appropriate action.

18. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPASSLIVE, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF EPASSLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EPASSLIVE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF FIFTY CANADIAN DOLLARS (CAD $50.00).

19. Release.

IN CONSIDERATION FOR BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE EPASSLIVE AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDED PARTNERS, OTHER PARTNERS, AND EMPLOYEES, FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE), LOSSES, LIABILITIES, COSTS, AND EXPENSES OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER USERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS TO AND USE OF THE SERVICES, OR ANY EVENTS LISTED ON THE SERVICES.

20. Notices.

Notices to you may be made via email, regular mail, or by posting on the Services. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the Services. Any notices to EPASSLIVE should be sent to the following address:

EPASSLIVE

5520 Chabot, Suite 204

Montreal (Quebec), Canada

H2H 2S7

21. Disclaimers of Warranties.

22. Limitation of Liability.

23. Release.

24.Notices.

Not ices to you may be made via email, regular mail, or by posting on the Services. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the Services. Any notices to EPASSLIVE should be sent to the following address:

EPASSLIVE

5520 Chabot, Suite 204

Montreal (Quebec), Canada

H2H 2S7

25. Trademark Information.

The trademarks, service marks, and logos of EPASSLIVE (the "EPASSLIVE Trademarks") used and displayed in connection with the Services are registered or unregistered trademarks or service marks of EPASSLIVE. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third-Party Trademarks"). Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any EPASSLIVE Trademark or Third-Party Trademark displayed in connection with the Services without the prior written consent of EPASSLIVE specific for each such use. The EPASSLIVE Trademarks may not be used to disparage EPASSLIVE or the applicable third party, or in any manner (in EPASSLIVE’s sole judgment) that may damage any goodwill in the EPASSLIVE Trademarks. All goodwill generated from the use of any EPASSLIVE Trademark shall inure to EPASSLIVE’s benefit.

26. General.

26.1 Entire Agreement.

These Terms constitute the entire agreement between you and EPASSLIVE and govern your use of the Services as an Organizer, superseding any prior agreements between you and EPASSLIVE (other than any EPASSLIVE Ticketing Services Agreement, EPASSLIVE Equipment Rental Agreement, or other written agreement entered into between you and an authorized officer of EPASSLIVE relating to an event). You may also be subject to additional terms and conditions that may apply when you use related services, third-party content, or third-party software.

26.2 Choice of Law.

These Terms and the provision of the Services shall be governed by the laws of the province of Quebec, Canada, as applied to agreements entered into and performed entirely within Quebec by residents of Quebec.

26.3 Arbitration.

Any disputes, conflicts, or claims arising out of or relating to these Terms or the provision of the Services shall be submitted to binding arbitration in accordance with the rules of commercial arbitration. Such disputes, conflicts, or claims shall be submitted on an individual basis and may not be consolidated with any disputes, conflicts, or claims of other parties subject to arbitration. Arbitration shall be conducted in Montreal, Quebec, and judgment on the arbitration award may be entered by any court having competent jurisdiction. Subject to the foregoing, you and EPASSLIVE agree to submit to the personal jurisdiction of the courts located in Montreal, Quebec. Either you or EPASSLIVE may seek interim or preliminary relief from a court of competent jurisdiction in Montreal, Quebec, as necessary to protect the rights or property of you or EPASSLIVE (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

26.4 Waiver; Invalid Provisions.

The failure or delay of EPASSLIVE to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. No oral waivers, amendments, or modifications shall be deemed effective under any circumstances. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

26.5 Limitation of Claims.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the 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.

26.6 Headings.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

26.7 Violations.

Please report any violations of these Terms by email to support@epasslive.com.