Terms & Conditions



The Services

Eatup, Inc.’s websites and domains, including www.eatup.events and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces). We refer to all of these as our “Services.” Eatup, Inc. is a Florida corporation with its principal place of business at 8004 NW 154TH Street STE 415 Miami Lakes FL 33016 (“Eatup, Inc.,” “us,” “we” or “our”).

Users

Through the Services, Eatup, Inc. provides a simple and quick means for registered users to discover events and expedite checkout. We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”

Our Terms Of Use

Application

The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with Eatup, Inc..

Incorporation By Reference

These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.

Your Use Of The Services

The Services

Eatup, Inc. hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets; in each case (i) in compliance with these Terms of Use and the Terms of Service; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

Applications

You may access and use the Services through our Applications. For clarity, any access to or use of the Services via the Applications and the Applications themselves shall be deemed to be part of the Services and subject to the Terms of Service and these Terms of Use. This right to access and use the Applications may be revoked in accordance with Section 4 of the Terms of Service and Eatup, Inc. may discontinue or modify the Applications as set forth in Section 12 below.

Eatup, Inc.'s Role

Listing Service and Limited Agent

Eatup, Inc. is not the organizer or owner of the events listed for sale or registration on the Services. Eatup, Inc. provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page. Since the Organizer has elected to use Eatup, Inc.’s Payment Processing Service, Eatup, Inc. also acts as the Organizer’s limited agent solely for the purpose of using its third party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

Selection of Payment Processing Method

The Organizer has elected to use Eatup, Inc.’s Payment Processing Service, Eatup, Inc. will use third party payment processing partners to process the transaction as Organizer’s limited payment agent.

Fees

Creating an account and accessing the Services is free. We charge our fees only when you buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that Eatup, Inc. charges. These fees may vary based on individual agreements between Eatup, Inc. and certain Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Eatup, Inc. to the applicable Organizer. In addition, certain fees are meant, on average, to defray certain costs incurred by Eatup, Inc., but may in some cases include an element of profit and in some cases include an element of loss. Eatup, Inc. does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

Refunds

Because all transactions are between an Organizer and its respective Attendees, Eatup, Inc. asks that all Attendees contact the applicable Organizer of their event with any refund requests. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with Eatup, Inc.’s Attendee Refund Policy Requirements. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Eatup, Inc.. Eatup, Inc. may, in its discretion, attempt to mediate such dispute, however, Eatup, Inc. will have no liability for (a) an Organizer’s failure to give refunds; (b) Eatup, Inc.’s failure to mediate a dispute; or (c) Eatup, Inc.’s decision if it does mediate the dispute.

Account, Password And Security.

Registration

As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that Eatup, Inc. shall be the sole arbiter of such dispute in its discretion and that Eatup, Inc.’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

Security

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify Eatup, Inc. of any unauthorized use of your password or account or any other breach of security.

Age Restrictions

Eatup, Inc. is concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third party service providers used by Eatup, Inc., you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).

Content

Event Content

You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Eatup, Inc. 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. Eatup, Inc. may own the Site Content or portions of the Site Content may be made available to Eatup, Inc. through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of Eatup, Inc. and is protected by copyright laws. Except as expressly authorized by Eatup, Inc. in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms of Use and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to Eatup, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Eatup, Inc.'s promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Eatup, Inc. does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful. Eatup, Inc. reserves the right to remove any of Your Content from the Services at any time if Eatup, Inc. believes in its discretion that it violates the Terms of Service, including without limitation, these Terms of Use. In addition, you agree that Eatup, Inc. may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Eatup, Inc. both on the Services and in marketing, advertising and promotional materials.

Feedback & Revisions

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Eatup, Inc. by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Eatup, Inc. or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Eatup, Inc.. All Feedback and Revisions become the sole and exclusive property of Eatup, Inc. and Eatup, Inc. may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Eatup, Inc. any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Eatup, Inc.. At Eatup, Inc.’s request, you will execute any document, registration or filing required to give effect to these provisions.

Conduct

Certain Restrictions

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with federal, state and local laws.

(d) impersonate any person or entity, including, but not limited to, an Eatup, Inc. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;

(h) upload, post, email, 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 to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;

(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services.

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) attempt to probe, scan or test the vulnerability of any Eatup, Inc. server or network or breach any security or authentication measures, unless you are an authorized contractor of Eatup, Inc. specifically engaged to provide such services;

(l) attempt to avoid or circumvent any technological measure implemented by Eatup, Inc. to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;

(m) solicit any User to use a third party service that competes with Eatup, Inc.;

(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;

(o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;

(p) resell tickets or registrations;

(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;

(r) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Eatup, Inc.’s prior written consent; or

(s) stalk or otherwise harass any person or entity.

Certain Remedial Rights.

You acknowledge that Eatup, Inc. does pre-screen Your Content and the Content of any other User in connection with the Services, but that Eatup, Inc. and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service, including without limitation, these Terms of Use. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that Eatup, Inc. may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of Eatup, Inc., its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

Sub-domains

Eatup, Inc. may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].eatup.events) for a given event. All such sub-domains are the sole property of Eatup, Inc. and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Eatup, Inc. provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms of Service, including without limitation, these Terms of Use. If Eatup, Inc. terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

Additional Services

Eatup, Inc. may, upon request, and for such fees as Eatup, Inc. may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. 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 the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of Eatup, Inc., and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

Links

Third Party Websites

The Services may provide, or Users may provide, links to other Internet websites or resources. Because Eatup, Inc. has no control over such websites and resources, you acknowledge and agree that Eatup, Inc. is not responsible for the availability of such 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, or any damages or losses related thereto, even if such websites or resources are connected with Eatup, Inc. partners or third party service providers.

Linked Accounts

As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Eatup, Inc. may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.

Privacy - Customer Information

Privacy Policy

All information provided by Users or collected by Eatup, Inc. in connection with the Services is governed by Eatup, Inc.’s Privacy Policy. The Privacy Policy is incorporated into the Terms of Service by reference. Eatup, Inc. strongly recommends that you review the Privacy Policy.

Co-Ownership of User Data

Eatup, Inc. follows a “co-ownership model” with respect to Attendee Information (as defined below). This means that all Attendee Information inputted by an Attendee on event pages posted by an Organizer on the Services will be shared with the applicable Organizer and may also be used by Eatup, Inc. in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Attendee. Note that Payment Data (as defined below) will not be shared with Organizers. Each Attendee acknowledges and agrees to this sharing and understands and agrees that each Organizer is solely responsible for the use of Attendee Information that was provided to such Organizer through the Services and that Eatup, Inc. is responsible only for its own use of Attendee Information. Each Organizer represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Attendee Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and (c) upon a request of a given Attendee or as permitted in these Terms of Use, Eatup, Inc. is authorized at its discretion to delete or anonymize Attendee Information of a requesting Attendee from the Services at which time it will no longer be available to Organizer through the Services or will no longer be linked to an identifiable Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organizer’s own databases if transmitted prior to Eatup, Inc. receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and phone numbers, but excluding Payment Data.

Payment Data

Eatup, Inc. will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.

Refund Policies and Administration

Minimum Requirements

We understand that refund policies vary depending on the type of event and the Organizer. Because of that, we provide flexibility for Organizers to post their own policies with respect to their events, so long as they meet the following minimum requirements:

(a) Refund policies must be posted on the applicable event page;

(b) “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;

(c) Refund policies (including “no refund” policies) must provide for a refund or other make good for complete failure to provide the advertised goods and services (e.g., event cancellation);

(d) Refund policies must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Form of Payment Frameworks (each as defined in the Merchant Agreement);

(e) Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;

(f) Refund policies may not be changed with respect to purchases made prior to the date of such change and its posting to the applicable event page;

(g) Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and

(h) Refund policies must otherwise be fair and reasonable.

If a refund policy is not posted or does not meet these minimum requirements set forth above, Eatup, Inc. may (but has no obligation to) modify such refund policy such that it meets these minimum requirements. Such modification may take the form of prospectively making changes to the actual refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.

Refund Process

In order to initiate a refund request, an Attendee should contact an Organizer directly as set forth in the applicable refund policy. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth above.

EatUp, Inc. Review

In the event that Organizer fails to honor a refund that an Attendee believes is due under the applicable refund policy and/or the minimum requirements set forth above, that Attendee may request that Eatup, Inc. initiate a refund by contacting us. Eatup, Inc. will review the facts and circumstances and determine whether or not a refund is due in accordance with the applicable refund policy and the minimum requirements set forth above. Eatup, Inc. will endeavor to complete its review within thirty (30) days of being contacted by Attendee. All determinations of Eatup, Inc. with respect to these Attendee Refund Policy Requirements, including without limitation the orders to be refunded and the size of any refund, shall be final and binding on both Organizer and Attendee.

General

No Insurance/No Guarantee

These Attendee Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Organizer and are not a guarantee that refunds will be issued in any given situation.