Terms of Use Agreement

Effective as of: 21 May, 2018

This Terms of Use Agreement explains the terms and conditions under which you are able to use the website and services provided by Festination. Please read carefully this Terms of Use document, and keep a copy of it for your reference.

BY ACCESSING OUR WEBSITE, OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY FESTINATION YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH FESTINATION LTD, COMPANY NUMBER 11006758 WITH REGISTERED HEADQUARTERS AT 77 HIGH STREET, LITTLEHAMPTON, BN17 5AG, UNITED KINGDOM. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Festination.

1. Definitions

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:

2. Use of the Services

(A) Eligibility

2.1 By visiting the Site or using our Services, you confirm that you are at least 16 years of age. By using our Services, you confirm that (i) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms and have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms and maintain the accuracy of these information, (iii) that you will not use Services contrary to these Terms or applicable laws or regulations. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement on behalf of such legal entity and to bind such legal entity by accepting this Agreement, (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity, (iii) and such legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.

2.2 We may not control who uses the Site or the Services, so it is upon you to assess whether using the Site or our Services is in compliance with any local laws and regulations. Whenever you are using our Site or Services, you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Site or the Services is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region.’

(B) Registration

2.3 Some of the Services provided are only available to registered Users. You are able to register on the Site by completing the registration forms. During the registration process, you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

2.4 You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

(C) Contact

2.5 If you have any question or suggestion you can contact us at contact@festination.com.

3. Acceptable Use Policy

3.1 You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the Site or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

  1. send or otherwise post unauthorized commercial communications (such as spam) through the Site;
  2. collect Users' content or information, or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  3. upload viruses or other malicious code;
  4. bully, intimidate, or harass any other User;
  5. post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties;
  6. harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
  7. take any action creating a disproportionately large usage load on our Site unless expressly permitted by Festination;
  8. create more than one account or share your account with anyone;
  9. post or transmit content that is misleading.
  10. communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
  11. encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Site;
  12. post or transmit hyperlinks to other websites that violate these Terms;
  13. facilitate or encourage any violation of these Terms.

3.2 Users are solely responsible for their own content and the consequences of making the content available to Third-Parties.

4. Proprietary Rights

(A) Intellectual property rights

4.1 The copyright and all intellectual property rights in the Site belong to Festination or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.

4.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Site and other Content provided by Festination. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site and their Content; distribute, transfer, sublicense, lease, lend or rent the Site or their Content to any Third-Party; reverse engineer, decompile or disassemble the Site; or make the functionality of the Site available to multiple Users through any means.

4.3 You may link to our homepage (including but not limited preset search URLs with "/festivals" path prefix), festivals, magazine and articles, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

(B) Notification of Infringement

4.4 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site or the App;
  4. Your name, address, telephone number and e-mail address;
  5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.5 Our copyright agent can be reached as follows:

(C) Third-Party content

4.6 Some content on the Site, such as advertisement, may be provided by the Third-Party. We are not responsible for such content, nor do we monitor or control content provided by Third-Party.

4.7 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

5. Third-Party Services

5.1 The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that Festination does not control. We may also provide you with links leading to the Third-Party. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third-Party services and content. Festination does not endorse such Third-Party services and content and in no event shall Festination be responsible or liable for any products or services of such Third-Party providers.

5.2 Our Services may be used in connection with Third-Party services such as Facebook, Twitter, Google +, and other. In that sense your interaction with the Site and Services is further regulated by the Third-Party’s respective terms and privacy policies. Festination is not sponsored, endorsed, organized or in any other way supported by these Third-Parties.

5.3 Users are able to access Third-Party services directly through the Site or through links leading to Third-Party websites. We do not offer services for buying. We do not guarantee that the information about the services is true, accurate, complete, and current. By accessing or acquiring Third-Party services by following links on the Site, Users are entering into a bilateral relationship exclusively between themselves and the Third-Party provider. We act solely as a provider content that may refer to Third-Party and we are not a part of such bilateral relationship, other than to serve as a intermediary in publishing information to the User. We are not responsible for any disputes which result or are connected with such contractual relationship between Users and Third-Party providers.

6. Indemnity

6.1 You will indemnify and hold harmless Festination, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

7. Limitation of liability

7.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FESTINATION SERVICE IS TO STOP USING THE FESTINATION SERVICES.

7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FESTINATION, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE FESTINATION SERVICES, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF FESTINATION HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.3 FESTINATION, IT’S EMPLOYEES, AGENTS, AND ITS DIRECTORS DO NOT ACCEPT ANY LIABILITY AND YOU HEREBY AGREE TO RELEASE US OF ANY LIABILITY ARISING (WHETHER DIRECTLY OR INDIRECTLY) OUT OF THE INFORMATION PROVIDED THROUGH THE SITE, OR ANY ERRORS, IN OR OMISSIONS FROM INFORMATION ON THE SITE. FESTINATION IS NOT LIABLE FOR LOSS (WHETHER DIRECTLY OR INDIRECTLY) CAUSED BY YOUR ACTIONS OR DECISIONS BASED ON YOUR RELIANCE ON THE INFORMATION PROVIDED TO YOU THROUGH THE SITE, NOR CAUSED BY THE DELAY, MALFUNCTION OF THE OPERATION OR THE AVAILABILITY OF THE SITE.

7.4 FESTINATION DOES NOT GUARANTEE THAT THE INFORMATION ON THE SITE IS CORRECT. ALL INFORMATION ON THE SITE IS STRICTLY FOR ENTERTAINMENT PURPOSES AND SHOULD NOT BE CONSIDERED AS AN ADVICE, RECOMMENDATION OR SUGGESTION OF ANY KIND.

7.5 BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY AVAILABLE INFORMATION. YOU MUST PERFORM ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH AND DUE DILIGENCE WITH RESPECT TO INFORMATION. IF YOU ARE TRAVELING TO SPECIFIC DESTINATION YOU ARE RESPONSIBLE FOR VERIFYING ALL NECESSARY INFORMATION SUCH AS INFORMATION REGARDING VISAS, SAFETY AND HEALTH. MAKE SURE TO RESEARCH AND UNDERSTAND LOCAL LAWS AND CUSTOMS BEFORE MAKING THE TRIP. WE ARE NOT RESPONSIBLE FOR ANY ISSUES ARISING OUT OF YOU INCOMPLIANCE WITH ANY LOCAL LAWS AND CUSTOMS.

7.6 PLEASE BE ADVISED: CERTAIN PLACES MIGHT BE UNSAFE, DANGEROUS OR CONTAIN HIGHER RISK OF PERSONAL INJURY. YOU ARE VISITING THE PLACES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY PHYSICAL INJURY, HARM, FINANCIAL LOSS OR OTHER CONSEQUENCE OF YOUR USAGE OF THE APP, SERVICES OR MATERIALS.

8. Changes

8.1 Festination may make changes or replace our Terms of Use Agreement at any time. We will post such changes, replacements and updates on the Site and such change, replacement and update to our Terms of Use Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Terms of Use Agreement and you accept and are bound by such change, replacement and update if you access or use our service after we have posted updated Terms. The Terms of Use Agreement applies regardless from which platform you access our Site.

9. Governing Laws and Choice of Forum

9.1 This Agreement shall be governed by and construed under the laws of England and Wales, without regard to its conflict of law provisions. You agree that if you have any dispute with Festination you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts of England and Wales.

10. Final Provisions

10.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

10.2 These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.

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