Last updated: February 21, 2023. To learn more about Eventbrite's Legal Terms, take a look here.
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Eventbrite takes intellectual property rights seriously. For that reason, we have created a simple process to deal with complaints of alleged infringement of certain third party intellectual property rights on the Eventbrite platform. This process covers allegations of infringement of copyrights (e.g., written text, photographs, sound recordings and video clips) and trademarks/servicemarks (e.g., logos, slogans and names identifying a good or service). Capitalized terms used but not defined in this Agreement are defined in the Terms of Service. All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content relating to an event on the Services is posted by Organizers, Consumers, or other third parties, and not by Eventbrite (collectively, "Third Party Content"). The following policy sets forth the process by which any third party who believes that their trademark and/or copyrights are being infringed by Third Party Content may request that Eventbrite remove the allegedly infringing Third Party Content.
2.1 How to Get Allegedly Infringing Content Removed from Eventbrite.
If you believe in good faith that any Third Party Content that Eventbrite makes available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Third Party Content be removed, or access to it be blocked. Your takedown notice needs to contain the following information in order for Eventbrite to be able to take action:
Information that allows Eventbrite to contact you (i.e., name and address, telephone number and/or email address);
Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable
Sufficient information for us to identify and locate the allegedly infringing material including its Internet location (e.g., URL address and a description of the protected work, such as “the photo used in the event header");
A statement that you have a good faith belief that the use of the Third Party Content on Eventbrite is not authorized by the owner of the Content, its agent or the law;
A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and
A physical or electronic signature of the person submitting the takedown notice.
The simplest and most efficient way to submit a written takedown notice is by reporting the infringement to our Content Policy and Moderation team, which is our DMCA/Trademark Agent, here. Filing this notice is the fastest method for reporting alleged copyright and/or trademark infringement. Please note that by submitting a takedown notice, the information you provide is generally subject to Eventbrite's Privacy Policy, you also agree that Eventbrite may provide copies of such takedown notice to the alleged infringer, which may include your name, and that the alleged infringer may contact you directly to discuss the allegation. In addition, you will be liable for any damages (including costs and attorneys' fees) incurred by Eventbrite or the alleged infringer in the event you knowingly and materially misrepresent that Third Party Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you are reporting is infringing, you should contact an attorney before filing a takedown notice. Eventbrite cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice. Upon receiving a valid and fully completed takedown notice that identifies an infringement of copyright or trademark rights, Eventbrite will remove or disable access to the allegedly infringing material and notify the alleged infringing party. 2.2 Getting Content Reposted That Is Not Infringing. If you have a good faith belief that material removed or disabled by Eventbrite as a result of a notification of an alleged infringement of intellectual property rights involves a misidentification or mistake, you may send a counter-notice via email to [email protected]. A counter-notice must include all of the following information:
Your signature, which may be provided electronically by typing your name
Identification of the material that has been removed or to which access has been disabled
A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Eventbrite is located, and that you will accept service of process from the person who provided the original notification or an agent of such person
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter-notice to Eventbrite. Fraudulent or abusive counter notices or other misuse of Eventbrite’s Intellectual Property Policy may result in account termination or other legal consequences. 2.3 Status of Content After Receipt of Counter-Notice
Following Eventbrite’s receipt of a counter-notice in compliance with Section 2.2 above, Eventbrite will send a copy of the counter-notice to the sender of the takedown notice. For a period of ten (10) days following Eventbrite’s receipt of the counter-notice, Eventbrite will maintain the status quo by keeping access to the allegedly infringing material disabled. If, during this ten (10) day period the sender of the takedown notice sues the alleged infringer for trademark and/or copyright infringement and provides Eventbrite with a court-stamped copy of the complaint, the allegedly infringing material will remain disabled. However, if no suit is filed during the ten (10) period, Eventbrite will re-activate and allow access to the allegedly infringing material. 2.4 Repeat Infringer Policy
Eventbrite enforces a repeat infringer policy, where we may disable or terminate accounts of users who repeatedly post infringing content. 2.5 Notice Address. If you do not wish to fill out and submit your takedown notice or counter-notice electronically, you may submit either in writing to the address below, which is the address of our agent for purposes of the Digital Millennium Copyright Act. Eventbrite, Inc. 95 Third Street 2nd Floor San Francisco, California, 94103 Attn: Eventbrite, Inc. Legal, DMCA/Trademark Agent