Last updated 08/06/2021
1. Introduction
With Momentza LLC website terms of use, this page contains legal terms, policies, rights, and obligations for using our services. Our company provides services like online event listing, ticket-selling, sending digital invitations, and greetings services. You may find other users' information or advertisements posted as offensive, harmful, inaccurate, or deceptive. The views expressed on the website are not those of momentza, and any errors or omissions in them belong to the respective contributors/copyright holders. Before using our website, you agree to hold harmless momentza, owners, sponsors, customers, and users. We may revise these terms and policies from time to time. Unless otherwise noted, these terms and conditions will become effective upon posting the revised Terms and conditions on our website. If you disagree with our terms and conditions, please do not use our services. Please read these Terms, policies, and conditions carefully and make sure that you understand them before signing up for our Services. Using our services, you agree that you have read, understand, and agree to be legally bound by these terms.
2. Information about us
Momentza LLC and any of its sub-domains is a website operated by Momentza LLC. We legally registered our company as Momentza LLC and have our registered office in Wheeling, Illinois, USA. We provide you an easy and straight forward way of your events promotion, online ticket selling, digital greetings, and invitations. Right now, we are providing services only in the state of Illinois. We are happy to provide services anywhere in the United States. If you need our services in any other states in the United States, please contact us by writing to us at info@momentza.com
3. Our contract with Customer's, User's and Event organizer's
You agree to these Terms, and you enter into a legally binding agreement with us when you sign up for an account with momentza.com by clicking "Sign Up" or similar buttons on our website or download any of our apps. If you do not agree to any of these Terms of Service, please do not use or access the services.
We may amend these Terms from time to time. You should check the website (www.momentza.com/terms-and-conditions) from time to time to review the then-current Terms, as they are binding on you. You automatically provide momentza.com exclusive unlimited right to access all your event contents, videos, photos to print, unlimited internet distribution, and electronic distribution rights either through the momentza.com website or company social media pages while you sign up and register with us. The use of materials includes our company's right to use all your event contents, photos, artists' photos, videos, and commercials for our company promotions and advertisements. We are not liable for any loss of your event contents if our website or social media page visitors violate your content copyright and use it for any other or their promotions and activities without your permission.
4. Your use of Our Services:
You are entirely responsible for providing us with such information and material as we may reasonably require to supply the Services and ensure that such information is accurate in all material aspects. We are not responsible for any false content uploaded or provided on our website for event promotion, online ticket selling, advertisements, digital greetings, and invitations. Any legal issues related to content privacy and copyright related to the content are the sole responsibility of the event organizers, sponsors, and content uploaders. Our services depend on the accuracy of the content provided by event organizers, content uploaders, and sponsor's on our website.
Event organizer's, sponsors, and content uploaders are entirely responsible for Maintain and promptly update all information to supply the Services to keep it true, accurate, and complete
You may use the Service to sell tickets online only if you are the event organizer or an authorized ticket seller (and have the event organizers expressed written permission) for all the events you are selling tickets. The users who use our services to place an advertisement and send digital greetings and invitations automatically agree with our terms and conditions of Service. If you will be using the Services on behalf of an entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so. We are not responsible for any legal issues, content privacy, and copyright if you use our services by your, on behalf of an entity or third party.
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond the Provider's control. Your access to the Service also may be suspended, or your account may be canceled at any time, at our discretion, including (but not limited to) if we suspect that you are using the Service for fraudulent or criminal purposes, if we are advised to by law enforcement agencies or if you have failed to pay the service fee (in which case we would typically notify you in advance of the non-payment).
5. Posting Events
After creating the online account using our Service, any user can post actual events using the buttons provided on the website. Once events are created, Momentza has 24 hours to approve the event to make the event active on our website. Momentza has the full right to approve or disapprove of the created event in terms of the company policies and regulations. Momentza will not approve the event if the content, image, videos, or nature of the event violates any federal, state, or local laws or terms and conditions and privacy policy of the company. The user has the exclusive right to obtain the reason why Momentza did not approve the event. Always the Momentza decision will be the final.
6. Taxes and Fees
Momentza is required by law to collect taxes and fees for the services we provide. Momentza collects taxes on the ticket sales and service charges. The organizers are ultimately responsible for calculating the taxes for the total number of tickets you sell thru our website and the total amount you collected from the event. The sales taxes for tickets and other government fees depend on the area where you are hosting the event, and please consult a tax professional if you are not sure what are your tax obligations are for the event conducted. Please be advised that momentza LLC is not responsible for any ticket sale tax or any other governmental/entertainment fees/taxes related to the events ticket sale using our services.
For those conducting the event in Chicago, please note that you will see up to 12% of the total amount charged to the attendee (Chicago and Cook County amusement tax). For events in cook county but outside of Chicago, you will see up to 3% of the total amount charged to the attendee for cook county amusement tax.
While creating the event using our tool, event organizers can decide if the taxes and services charges have to collect from the customers or event organizers.
7. Payment methods
Momentza.com is an online service. You will have immediate access to our event listing, ticket booking services, Advertisement services, digital greetings, and invitation services on sign-up. We will not refund any fees paid for the Service or any total or partial credit you may have at the time of cancellation.
8. Our relationship with the payment providers
All amounts payable by you for the Service are payable using external payment providers (including PayPal and stripe). Accordingly, you will be bound by the terms and conditions that govern the relevant external payment providers' relationships with you.
We are not affiliated with, and have no agency or employment relationship with, any external payment provider and have no responsibility for, and hereby disclaim all liability (including, but not limited to) any losses, costs, fees, and penalties of whatever nature arising from, the acts and omissions of any external payment providers. Any issues regarding payment charges, fees, or liabilities other than those mentioned during ticket booking are your sole responsibility, and please contact external payment providers for clarification. We charge only for the services we provide, and the charges will be visible to everyone while you book tickets from our website.
9. Our relationship with ticket booking customers, User's and Event organizers customers
We provide the Service to you and have no direct relationship with your customers. When you sell your tickets, list events, place advertisements, send digital greetings and invitations to your customers through our Service, the contractual relationship is between you and your customers. You are responsible for providing your terms of sale with your customers, and accordingly, we will direct any customers who run queries regarding your events to event organizers. You agree not to refer your customers to momentza for any support other than website operation technical issues.
Please see section 11 below for how we use your Customer's personal information.
You shall hold us harmless and indemnify us, against all claims, costs, and damages (both actual and consequential) arising out of, or in any way, connected with:
• Any dispute(s) with one or more of your customers; and
• your relationship with your customers.
10. Charges and policies for Users, Event Organizers, and ticket sellers.
We do not have any fixed service fees for using our services. The event organizers have complete control over choosing our service fees for using our services. Those who sell tickets are responsible for paying payment gateway fees, sales taxes, entertainment fees, or any other local or federal government fees that apply. We will direct any payment bills or receipts related to your event to event organizers, and you are responsible for paying all the bills. Event organizers and management teams are responsible for any refunds issued to customers upon their request and approval. A written notice from the event organizers is necessary to issue a refund. Customer's who book tickets using our services agreed to pay the amount shown on the ticket. Payments are collected using a third-party payment gateway, and we are not responsible for any issues.
All Payments are processed through a third-party bank system. We do not store your card details on our servers and are not responsible for your credit, debit cards, bank account information, or other related data breaches.
11. Refund Policy (Event organizers and Customers).
Once booked, the tickets are nonrefundable and nontransferable. Immediately after booking the ticket, all sales are final. All ticket purchases and legal issues on behalf of purchases are at your own discretion. If you experience any issues or problems with your purchase, please contact event organizers or the event management team to resolve the issue. Don't hesitate to contact us if we charged more than what is listed in the ticket sale price or experience any error while booking a ticket through our website. Momentza will refund only the ticket's face value if the event is canceled, and we will not refund any taxes, payment gateway fee, or entertainment fee. For any reason, event organizers informed Momentza to refund the ticket; you should go through and bind with the proper policies of refund decided by the company. All terms and conditions on the refund policy determined by Momentza are final.
12. Admission:
The tickets book through our website should scan using our App to enter into the event hall. We are responsible for the tickets only issued through our website. QR code received through email during ticket booking should show at the hall entrance. If the event attendee is different from a credit cardholder, a copy of the ticket purchase receipt and photo identification ID must be present at the hall entrance together with the QR code. Failure to provide necessary documents or identification codes per event organizers' entry policy and regulations will deny the admission with no refund.
13. Use of our website
A Website Terms of Use govern anyone who uses our website. Please take the time to read these, as they contain important terms which apply to you.
14. How we use your personal information
We only use your personal information by our Privacy Policy. Please take the time to read our Privacy Policy, as it includes some important terms which apply to you.
15. Use of Customer's personal information
The protection of personal information is very important to us. We voluntarily do not disclose any event organizers' or customers' personal or credit card information, violating our privacy policy. We are not responsible If anyone steals your information from our website or secure server.
Accordingly, the users who use our website services you agree that:
• You will comply with Data Protection Law with your handling of Customer Data, including informing the customers and event attendees or how their Customer Data will be handled by you and by us;
• You have sole responsibility for establishing and maintaining the lawful basis of our processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the customers and event attendees; and
• Where you export your Customer Data during your use of the Service, you are responsible for ensuring that your use of that Customer Data is compliant with data protection laws and the terms between you and your Customer and event attendee.
In respect of our handling of the Customer Data, we agree that we shall:
• Process the Customer Data only by lawful instructions reasonably given to us from time to time, or otherwise required by law. You now instruct us to use the Customer Data to perform the Service and otherwise described in these Terms. Such instructions are your complete and final permission to us for the use of Customer Data. Additional or alternative instructions do not bind our company or payment except according to our mutual written agreement;
• Notify you if, in our opinion, an instruction from you infringes any Data Protection Law (always provided that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes Data Protection Law shall not cause us to be in breach of our terms nor relieve you from your liability under this these terms);
• Ensure that our personnel engaged in the handling of Customer Data are informed of the confidential nature of the Customer Data and are subject to binding confidentiality obligations;
• Employ appropriate technical and organizational measures to protect Customer Data which are equivalent to the standards that we take to protect our clients' personal information (as set out in the Privacy Policy) and, where applicable, assist you in complying with your security obligations and performing privacy impact assessments under Data Protection Law;
• Inform you promptly if any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorized or unlawful processing, including illegal or unauthorized access or disclosure;
• To the extent permitted by law, promptly notify you upon receipt of any request from a customer or event attendee to access, correct, amend, transfer or delete such person's Customer Data consistent with that person's rights under Data Protection Law and, at your cost, provide all reasonable assistance to you in relation to such request;
16. Intellectual property rights
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Customer, users, or event organizers. They acknowledge that, regarding any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on us obtaining a written license from the relevant licensor on such terms to entitle us to license such rights to you. All materials, equipment, documents, and other property are our exclusive property. Customers or event organizers are responsible for using any document's service trademarks, domain names, copyright contents to publish on our website, and related rights.
For this section, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill, or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
17. Momentza is not responsible for any adverse or safety events that happen during the events that book tickets from our website. The event organizers are completely responsible for the adverse events and any safety events that cause danger to the public which happen before, during, and after the events. Customers, the public, government authorities, and legal bodies please contact the event organizers directly to get any information about the adverse events and safety events that happened. Please note customers who book tickets from the Momentza LLC website, government authorities, and legal bodies cannot file any lawsuit against Momentza LLC because of any adverse and safety events happens before, during, and after any events that book tickets from the Momentza LLC website.
18. Disclaimer
While we endeavor to ensure that the Service is available 24 hours a day, we do not guarantee the availability of the Service. We shall not be liable if for any reason the Service is unavailable at any time or for any period. We are not responsible for the quality of the ticket purchasing event and legal issues. If you experience any personal or legal issues before, during, and after the ticket purchase related to the event, please contact the event organizers directly. We are not responsible for any problems, quality, start time, and date of the event. The event organizers are responsible for changing the date, time, and venue of the ticket sold event at their convenience. We will try our level best to update all information from time to time. Please get in touch with event organizers with any questions or queries.
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.
We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or the Service's functionality, at any time without notice. The material on the website may be out of date, and we do not commit to updating such material.
The Service (including all hardware and software comprising the Service) and the material on the website are provided "as is," without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the website and the Service on the basis that we exclude all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might affect with the website or the Service.