This Merchant Agreement and the rights and obligations contained in this Merchant Agreement are in addition to and are incorporated into the Kwivrr Terms of Service by reference. Nothing in this Merchant Agreement will be deemed to modify, waive, amend or rescind any other term of the Terms of Service. Please read this Merchant Agreement carefully: it contains important information about payment and refund terms and requirements, event prohibitions, rights you provide to us, and other rights, representations and liabilities. Further, any terms herein are governed by the dispute resolution terms (and subject to all other terms of the Terms of Service, including the arbitration provisions set forth in Section 9 of the Terms of Service. We recommend that you read those Terms, as they may affect your rights.
Welcome to Kwivrr!
Our mission is to cultivate discovery through people and their stories. We are here for the creators, the observers and the undecided.
That’s our fancy way of saying ‘We surround you with the people and stories you know while introducing you to new communities and topics.”
Kwvirr brings all your favorite social sites together into one convenient place and gives you an extra flare of benefits. Whether you’re casually scrolling or striving to earn a little extra money, Kwivrr has something for you.
1.2 The Services.
Kwivrr’s products, features and offerings are available
(a), (b), and (c) are collectively referred to as "Kwivrr Properties" or our "Services". Kwivrr is a Utah corporation with its principal place of business at 707 West 700 South Suite 101 Woods Cross Utah, 84087 ("Kwivrr," "us," "we" or "our"). When this Merchant Agreement mentions "Kwvirr," "we," "us," or "our," it refers to Kwivrr, Inc. and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. An "Affiliate" of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to this Merchant Agreement or thereafter. For purposes of this Agreement, "control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
1.3 Organizers and Consumers.
When this Merchant Agreement uses the term "Organizer" we mean event/content creators using the Services to create, list or promote events for consumers using our Services
Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users", "you" or "your".
The following policy sets forth the terms and conditions upon which Organizers can use the Services to create, promote and/or collect sales proceeds for selling tickets and/or registrations to an event (this "Merchant Agreement"). By accepting the Terms of Service, you agree to the terms of this Merchant Agreement without modification and enter into a binding contract with Kwivrr, which will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for selling tickets and/or registrations to an event.
3.1 Additional Information.
As part of the creation of a paid event or at any time following such creation, you may be required by Kwivrr to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, "Additional Registration Data"). As an example, the Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or drivers license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
3.2 Disclosure Authorization
Organizer agrees that Kwivrr is permitted to share Registration Data (as defined in the Terms of Service), Additional Registration Data and information relating to your events and transactions on the Services with our Payment Processing Partners (as defined below), the Card Schemes (as defined below) and Alternative Form of Payment Frameworks (as defined below) and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties. In addition, you authorize Kwivrr to verify your Registration Data and Additional Registration Data and conduct due diligence on you through third parties, including third party credit reporting agencies.
3.3 Failure to Provide
We reserve the right to suspend your Kwivrr account or to withhold any amounts due to you in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.
(a) Payment Method.
"Kwivrr Payment Processing," "KPP," or the "KPP Service," in which Kwivrr acts as Organizer's limited payments agent for the purpose of processing Event Registration Fees using its Payment Processing Partners (as defined below).
(b) Kwivrr’s Role.
For the avoidance of doubt, Kwivrr does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer other than, for Organizers who elect KPP, serving as a limited payments agent as set forth below. To provide the KPP Service, Kwivrr utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, "Payment Processing Partners") and both Organizers and Kwivrr are subject to the rules and regulations of such Payment Processing Partners. Additionally, in certain instances, for you to participate in the KPP Service, you must have entered into a separate agreement with our Payment Processing Partner (the “Payment Processor Agreement”). For convenience, Kwivrr shows you a balance of proceeds for your events in your Kwivrr account, however, that balance merely reflects the amount of Event Registration Fees collected by our Payment Processing Partners (KPP), and in the case of KPP, represents only a general unsecured claim against Kwivrr and not a store of value or a deposit/current account.
Upon an order being placed by a Consumer and confirmed through Kwivrr, Kwivrr generates a confirmation message and issues a unique confirmation number for such Consumer's order. Organizer agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by Kwivrr through the Services. Organizer agrees it is Organizer's responsibility to verify a Consumer's confirmation number and/or any event restrictions prior to the applicable event.
Organizer agrees to pay Kwivrr all applicable service fees for each ticket, registration or other item sold or donation solicited via the Services (the "Kwivrr Service Fee"). To the extent Organizer uses KPP, Organizer also agrees to pay Kwivrr the additional Eventbrite Payment Processing fee (the "Eventbrite Payment Processing Fee") for each ticket, registration or other item sold or donation solicited via the Services. The current fees can be found here. Note that these fees are subject to change from time to time with respect to transactions that occur following the change.
In addition, Organizer may from time to time request additional Services from Kwivrr, including without limitation marketing and promotion services, equipment leasing, on-site services, printed tickets and dedicated account management, which Kwivrr may provide at its discretion and the terms of which will be covered by a separate written agreement. Fees for such ancillary Services (the "Ancillary Fees") will be disclosed to Organizer prior to Organizer's acceptance of such Services. The Kwvirr Service Fee, the Kwivrr Payment Processing Fee and the Ancillary Fees are referred to herein as the "Fees." In addition to such Fees, Kwivrr may also charge you, at Kwivrr’s standard rates, for research, including, but not limited to,
Kwivrr may charge various fees to Consumers that are not passed on to Organizers, related to ticket sales, processing, handling, and access to various Kwivrr content and services. We have sole discretion to set and assess such fees.
4.2 Kwivrr Payment Processing.
If you have requested KPP, then upon receipt of Additional Registration Data and if applicable your separate acceptance of the Payment Processor Agreement, Kwivrr will determine, in its discretion (which may be based on input from our Payment Processing Partners), whether you are qualified to use KPP. For risk management and security reasons and to meet the requirements imposed by our Payment Processing Partners, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through KPP and you authorize us to reject any transaction over that limit. We may also from time to time in our discretion impose a reserve requirement on you under Section 4.3(f).
(b) Payment Process.
When using KPP, payment processing occurs directly through our Payment Processing Partners, and you understand and agree that within five (5) business days after the successful completion of an event, Kwivrr will on your behalf cause our Payment Processing Partners to pass along to you all Event Registration Fees related to such event that have been processed by our Payment Processing Partners, subject to
Such payouts will be made only to the payout information designated by the Creator on the Services under "Payments & Payouts." Payouts are made by wire transfer, or for Creator with Event Registration Fees in USD only, by check to an address in the United States or Canada. In addition, KPP may allow you to accept payments from card based payment networks, such as Visa®, MasterCard®, American Express® and Discover® (collectively, the "Card Schemes"), and non-card based payment networks such as direct debit and other alternative forms of payment (the "Alternative Form of Payment Frameworks"). Except to the extent that the Commercial Entity Agreement (as defined below) is applicable to you, and notwithstanding the Payment Processor Agreement you may have entered into with our Payment Processing Partner, or a Card Scheme, you are not a direct party to any agreement with any Payment Processing Partner, Card Scheme or Alternative Form of Payment Framework, nor are you a third party beneficiary of any such agreement. In addition, by accepting a particular Card Scheme payment type (e.g., MasterCard, Visa, American Express), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time. You agree that, regardless of the delivery option used by Kwivrr to make a payout to you, you will not request or use any information related to that payout method (including, but not limited to, any check or check information) for any purpose that you know or should know to be fraudulent, erroneous or otherwise in violation of this Merchant Agreement.
You understand and agree that you are responsible for maintaining the security of and control over any check issued to you under the Terms of Service, including this Merchant Agreement. If a check we issue to you is lost, stolen, or otherwise fraudulently or erroneously obtained or presented, you agree that you are responsible for any and all losses arising from the loss, theft, or misuse of the check. You agree that we are entitled to pay any check issued to you under the Terms of Service, including this Merchant Agreement, regardless of who presents the check for payment and regardless of whether the check was lost, stolen, or otherwise fraudulently or erroneously obtained or presented. To the maximum extent permitted by applicable law, and in addition to other limitations of liability set forth in the Terms of Service, including this Merchant Agreement, you agree that we will not be liable for any check we provide to you, or any loss arising therefrom, that is lost, stolen, fraudulently, or erroneously obtained, endorsed, cashed, or deposited.
You agree to reimburse us for all claims, losses, costs, and damages we incur regarding any check issued to you, and you agree to reimburse us for all claims, losses, costs, and damages we incur because the check is cashed or deposited more than once, resulting in duplicate payments.
For ACH transactions, if any bank account number you provide to us, including a bank account number you provide as part of your Additional Registration Data, is inaccurate, you agree that we are still entitled to make payment to that account number, even if the bank account is not owned by you. You agree that we may rely solely on the bank account number you provide to us as the proper identification of your bank account, even if the bank account number identifies a different account from your account. You also agree to reimburse us for any losses or expenses we incur as a result of our reliance on any bank account number you provide to us.
You agree that we may, from time to time, in our sole discretion, without notice to you,
We may exercise such setoff rights before we make any payout, whether by check or by wire transfer, to you. We are not liable to you for any claims resulting from our decision to exercise our setoff rights. We may also exercise any of our rights and remedies under Section 4.5 of this Agreement regarding recovery of such amounts due and owing to us from you.
You understand that we may also debit your Event Registration Fees if Kwivrr is served with legal process seeking to attach or garnish any of your funds or property in Kwivrr’s possession.
You also understand that, as provided under Section 9-406 of the Uniform Commercial Code, we may be required, upon receipt of a notice of assignment and payment direction from your secured party (lender), to pay all or a portion of your Event Registration Fees as directed by your secured party. If we receive such a notice and direction, we will, after deducting our fees and expenses of compliance as provided above, make payments to your secured party as so directed without notice to you.
(c) Appointment as Agent.
With respect to any events for which the Creator uses KPP, Creator hereby appoints Kwivrr as Creator’s limited payment agent for the purpose of facilitating the receipt of payments made by Consumers for such events through our Payment Processing Partners, and the disbursement of those payments to Creator. Creator agrees that a payment made by a Consumer that is processed by Kwivrr will be considered the same as a payment made by a Consumer directly to Creator and Creator will sell or provide all advertised goods and services to the Consumer as if Creator had directly received the Event Registration Fees from such Consumer, regardless of whether the Event Registration Fees have yet to be or are ever received from Kwivrr. Organizer agrees that Kwivrr, in its role as limited payments agent, is authorized to
In accepting appointment as the limited agent of Creator, Kwivrr assumes no liability for any acts or omissions of Creator and Creator understands that Kwivrr’s obligation to pay Creator is subject to and conditional upon Consumers’ actual payment of Event Registration Fees. Creator further authorizes Kwivrr to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside the United States, provided, that Kwivrr will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
Creator agrees that all Event Registration Fees for a given event are earned by Creator only following the conclusion of the applicable event. Kwivrr, in its discretion, may determine to advance a portion of Event Registration Fees to Creator prior five (5) business days after the successful completion of an event, on such terms and conditions set forth in
Creator agrees that any payments made by Kwivrr of Event Registration Fees prior to the fifth (5th) business day after the end date of the successful completion of the applicable event are merely advances of amounts that may become due to Creator under this Merchant Agreement. If Kwivrr decides to advance a portion of Event Registration Fees to Creator, Creator acknowledges and agrees that Kwivrr may at any time (x) terminate or suspend Creator’s right to receive such advance payments; and/or (y) alter the terms (i.e. frequency, reserve rate and maximum aggregate cap) of such advance payments made to Creator. In addition, Creator agrees that Kwivrr may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Creator’s credit profile or the underlying event(s)' risk profile, or breaches of the Terms of Service, including this Merchant Agreement. Upon receipt of notice of any such demand, Creator will thereupon promptly pay back to Kwivrr the portion of any such advance demanded. Creator acknowledges and agrees that Kwivrr has the right to withhold funds as set forth in Sections 4.3(b) and 4.5(a) of this Merchant Agreement. Creator also acknowledges and accepts its obligations under Section 4.3(g) and 4.4(c) of the Merchant Agreement, including its obligations to reimburse Kwivrr for refunds and credit card chargebacks.
(e) Cancellations; Nonperformance.
No payments will be made to Creator with respect to any event that is cancelled or with respect to which Kwivrr believes there is a risk of cancellation or nonperformance, unless Kwivrr receives adequate security (as determined by Kwivrr in its discretion) for Organizer's obligations under this Merchant Agreement. Kwivrr may elect, but is not obligated, to issue full or partial payment to Creator for a cancelled event after a stated period for refund requests has concluded, and for clarity, Creator will remain fully responsible for Chargeback Costs (as defined below). In addition, no Event Registration Fees for a given event will be settled to Creator until that event is successfully completed. If payments have already been settled to a Creator for a cancelled event, Creator will immediately refund to a payment address designated by Kwivrr all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under Section 4.4. You are responsible for complying with the requirements of Section 4.4 and the requirements of the Creator Refund Policy Requirements which are in addition to and are incorporated into the Terms of Service by reference. If you do not remit funds due to Kwivrr that are sufficient to cover refunds due to Consumers for an event cancellation or nonperformance, including, but not limited to, any mandatory refunds under Section 4.4(c) below, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under these Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 4.4(f) and 4.5 of this Agreement.
(f) Reserves and Kwivrr Right of Setoff.
Kwivrr reserves the right to retain a certain percentage of Event Registration Fees and any other fees for Services provided to you or any of your Affiliates by Kwivrr or any of its Affiliates (with such percentage being determined by Kwivrr in its discretion) to fund a reserve
Kwivrr’s right to hold a reserve will continue following the applicable event(s) and until either
Further, the reserve is subject to the right of setoff as set forth in Section 4.3(b). In the event that the exercise of our or our Affiliates' setoff right does not fully cover the amount of funds due and owing from you or any of your Affiliates to us or any of our Affiliates under the Terms of Service or other applicable agreement for Services provided by Kwivrr or any of its Affiliates, including this Merchant Agreement, then such amount of funds will be deemed due and owing to us until you have satisfied the amount in full.
(g) Chargebacks; Reversals.
Any credit card chargebacks or other transaction reversals ("Chargebacks") initiated against Kwivrr or its affiliates for any reason (except to the extent they are caused solely by Kwvirr’s negligence or willful misconduct) with respect to an Creator’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses (together with the amount of Chargebacks, “Chargeback Costs”) incurred by Kwivrr or its affiliates in connection with such chargebacks will ultimately be the responsibility of Creator, and Creator agrees to promptly and fully reimburse Kwivrr for such amounts on demand. As part of Kwivrr’s activity as limited payments agent, Kwivrr will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Creator and Creator hereby authorizes Kwivrr to do so and agrees to use reasonable efforts to cooperate with Kwivrr in such re-presentment. However, Kwivrr will have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Kwivrr’s refund policy or the provisions of Section 4.4(c) below. Understanding the nature of the Payment Scheme Rules (as defined below) and the discretion that they provide to the Card Schemes and Alternative Form of Payment Frameworks, both parties agree that Kwivrr’s loss of any chargeback that has been re-presented by Kwivrr will not in any way limit Creator’s obligation to reimburse Kwivrr and its affiliates under this paragraph.
Kwivrr only provides the Kwivrr Payment Processing Service in United States Dollars. In addition, Event Registration Fees collected in a currency may only be paid out to Creator in the currency in which they are collected. Kwivrr does not provide currency conversion services.
(i) Payment Scheme Rules.
The Card Schemes and Alternative Form of Payment Frameworks require that you comply with all applicable bylaws, rules and regulations published by them from time to time (collectively, the "Payment Scheme Rules"). We may be required to change this Merchant Agreement in connection with amendments to the Payment Scheme Rules. Depending on what payment methods you elect to use in EPP, you may be subject to different Payment Scheme Rules. You agree to comply with any applicable Payment Scheme Rules as in effect from time to time. These Payment Scheme Rules, include without limitation, a requirement to submit only bona fide transactions, limits on how you use the Card Scheme logos and trademarks and authorization to use certain of your information to show that you participate in the Card Schemes. The Payment Scheme Rules are publicly available from the websites of the related Card Schemes and Alternative Form of Payment Frameworks.
(j) Special Payment Terms.
The following additional terms apply to the extent you use the corresponding payment option:
(a) Refund Policy and Process.
Regardless of what payment method is selected, Creator agrees to communicate a refund policy to Consumers with respect to each event posted on the Services. Creator agrees:
The Creator Refund Policy Requirements are incorporated by reference into this Merchant Agreement. All refunds for KPP transactions must be processed through Kwivrr, unless otherwise agreed by Kwivrr. For KPP transactions, the Creator can issue refunds to Consumers directly through the Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by Kwivrr. Kwivrr may determine in its sole discretion to not process any refunds that are manual, in which case they will be processed directly by the Creator. Consistent with the Consumer Refund Policy Requirements, refunds that you are responsible for due to the cancellation or nonperformance of an event are subject to the following refund requirements:
(b) Refund Disputes.
Regardless of what payment method is selected, all disputes regarding refunds are between Creator and its Consumers. In the event of a dispute, Kwivrr may try to mediate, but ultimately it is Creator’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to KPP transactions, Kwivrr will have the right to make refunds on Creator’s behalf as set forth in subsection (c) below.
(c) Mandatory Refunds.
Notwithstanding the foregoing, Creator authorizes Kwivrr to make refunds in the following situations
Creator also authorizes Kwivrr to make refunds of any and all orders (including those for unrelated events) if
Because all sales are ultimately made by Creators, Creator hereby agrees to promptly and fully reimburse Kwivrr and its affiliates upon demand for refunds that Kwivrr makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds is caused by Kwivrr’s negligence or willful misconduct. Creator acknowledges and agrees that chargebacks will result in losses to Kwivrr in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback Kwivrr is mitigating such losses and its damages with respect to Creator’s breach of this Merchant Agreement. If you do not remit funds to Kwivrr that are sufficient to cover mandatory refunds as described by this Section 4.4(c) for an event cancellation or nonperformance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 4.3(f) and 4.5 of this Agreement.
4.5 Non-Exclusive Remedies; Taxes.
(a) Non-Exclusive Remedies.
If Creator fails to pay to Kwivrr or any of its Affiliates any amount owed pursuant to the Terms of Service (including without limitation this Merchant Agreement) or any other applicable agreement for Services provided by Kwivrr or any of its Affiliates when due and following a late payment notice being delivered by Kwivrr, such amount will bear interest calculated from the date due until paid in full at a rate equal to the lesser of
In the event any amounts are owed by Creator or any of its Affiliates to Kwivrr or any of its Affiliates under the Terms of Service (including without limitation this Merchant Agreement) or any or other applicable agreement for Services provided by Kwivrr or any of its Affiliates, Kwivrr or its Affiliates may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations
If payment for any amounts due to Kwivrr or any of its Affiliates hereunder is not made by Creator or any of its Affiliates when due and after receiving a late payment notice from Kwivrr or any of its Affiliates, Kwivrr or any of its Affiliates reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Creator’s or any of Creator’s Affiliate's registration for any Services provided by Kwivrr or any of its Affiliates (including any and all accounts that Creator or any of Creator’s Affiliates may have). In addition, any such unpaid amounts due and owing to Kwivrr or any of its Affiliates are subject to collections in accordance with Section 4.5(b).
(b) Collections; Costs of Recovery.
Kwivrr reserves the right to pursue any late and unpaid amounts due and owing to Kwivrr or any of its Affiliates for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Creator agrees to promptly and fully reimburse Kwivrr or any of its Affiliates upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys' fees and expenses, incurred by Kwivrr or any of its Affiliates in collecting past due amounts or any other amounts due and owing from Creator or any of its Affiliates under this Merchant Agreement, the Terms of Service or any or other applicable agreement for Services provided by Kwivrr or any of its Affiliates. Creator and any of its Affiliates agree that if Kwivrr or any of its Affiliates must seek collections for past due amounts and Creator or any of its Affiliates does not respond or pay in full after receiving a collection notice, Kwivrr or any of its Affiliates reserves the right to pursue outstanding balances through judicial proceedings, and such actions are expressly excluded from any arbitration provisions set forth in the Terms of Service.
Use or any or other applicable agreement for Services provided by Kwivrr or any of its Affiliates.
4.6 Commercial Entities.
From time to time, one or more Card Schemes may require that you enter into an additional agreement directly with one of our Payment Processing Partners or with the applicable Card Scheme. Typically this happens if your transactions exceed one hundred thousand dollars ($100,000) with respect to a particular Card Scheme on an annual basis in a given geography. If we believe that your account is likely to be subject to this additional requirement, we will provide you with a "Commercial Entity Agreement" that you must agree to in order to continue using KPP. If you fail to accept that "Commercial Entity Agreement," we may suspend or terminate your account.
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
5.1 Prohibited Merchants.
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
If you fall into any of the categories set forth above, as determined by Eventbrite in its discretion, you are a "Prohibited Merchant."
5.2 Prohibited Events.
You may not post events to the Services or engage in activities through the Services that:
Any event that falls into any of the categories set forth above, as determined by Kwivrr in its discretion, is a "Prohibited Event."
5.3 Prohibited Transactions.
You may not use KPP to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services:
Any transaction that falls into any of the categories set forth above, as determined by Eventbrite in its discretion, is a "Prohibited Transaction."
In the event that Kwivrr discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then Kwivrr may take any or all of the following actions in its discretion in addition to any and all remedies that Kwivrr may have under the law or elsewhere in the Terms of Service:
6. Representations And Warranties.
In addition to the representations and warranties contained herein, you represent and warrant to us that
Further, you represent, warrant and acknowledge that you (not we) are solely responsible for ensuring that your events are ticketed correctly, and that only valid tickets are honored. You understand and agree that Kwivrr is not liable for any costs arising from whether a presented ticket is or is not valid, or is or is not honored, including any tickets procured through, or representing, fraud or deceptive practices.
In addition to our right to terminate your use of the Services under the Terms of Service, Kwivrr may terminate this Merchant Agreement and your right to use the Services to create, promote and collect sales proceeds for events