Introduction
These Terms govern
- the use of Festify, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.
Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Festify has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Festify is provided by:
Festify SRLS
Via Comunale Vecchia Martano, 46 - Corigliano d'Otranto (LE) 73022
Owner contact email: info@festify-lab.it
"Festify" refers to
- this website, including its subdomains and any other website through which the Owner makes its Service available;
- applications for mobile, tablet and other smart device systems;
What the User should know at a glance
- Usage of Festify and the Service is age restricted: to access and use Festify and its Service the User must be an adult under applicable law.
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
- Festify uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.
How Festify works
Intermediation
Festify merely allows Users to connect to and interact with third parties. The Owner therefore is not directly involved in any such interaction nor does it intermediate, participate in or benefit economically from any contract or transaction which occurs as a consequence of such interactions.
The Service of Festify is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via Festify are marked as such.
Festify merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
These Terms apply to the described usage of Festify as a platform.
Unless otherwise stated, these Terms also apply to transactions between Buyers and Sellers. This does not imply the involvement of the Owner in such transactions.
Buyers must read the information provided by Sellers about the terms of sale, characteristics, and technical specifications of the Product carefully. Sellers offering their Products via Festify are responsible for the quality and safety of the offered Products.
The Owner does not control, monitor, moderate or inspect any Products offered by Sellers via Festify. This means that, unless provided otherwise in mandatory law, the Owner does not bear any responsibility in connection with such Products, including but not limited to their quality, safety, accuracy, or the Sellers’ ability to provide them.
Likewise, the Owner does not control, monitor, moderate or inspect Buyers using Festify. Therefore, the Owner does not bear any responsibility in connection with such Buyers’ activity on Festify, including but not limited to their legal capacity or ability to complete a transaction and pay the associated costs.
Who sells on Festify
Products on Festify are sold by third parties qualifying as Business Users.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using Festify.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Festify, Users confirm to meet the following requirements:
- There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be recognised as adult by applicable law;
- Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
- Users aren’t listed on any U.S. government list of prohibited or restricted parties;
- Users aren’t located in a sanctioned territory designated by an authority that the Owner is directly or indirectly subject to;
Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Festify.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on Festify is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Unless explicitly permitted, a User account may not be shared with other persons.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By directly contacting the Owner at the contact details provided in this document.
However, termination of the account will not be possible until the subscription period paid for by the User has expired.
Account suspension and deletion
The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:
User has violated these Terms; and/or
User's access or use of Festify may cause injury to the Owner, other Users or third parties; and/or
the use of Festify by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on Festify
Unless where otherwise specified or clearly recognisable, all content available on Festify is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Festify infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on Festify - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on Festify, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Festify, the User may download, copy and/or share some content available through Festify for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to Festify.
By providing content to Festify, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the respective section on Festify which details the acceptable uses.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on Festify they grant the Owner a non-exclusive, fully paid-up and royalty-free licence to process such content solely for the operation and maintenance of Festify as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Festify.
Users acknowledge, accept and confirm that all content they provide through Festify is provided subject to the same general conditions set forth for content on Festify.
Users are solely liable for any content they upload, post, share, or provide through Festify.
Users acknowledge and accept that the Owner filters or moderates such content after it has been made available.
Therefore, the Owner reserves the right to refuse, remove, delete, or block such content at its own discretion and to deny access to Festify to the uploading User without prior notice, if it considers such content to infringe these Terms, any applicable legal provision or third-party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Festify.
Removal of content from parts of Festify available through the App Store
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.
Access to provided content
Content that Users provide to Festify is made available according to the criteria outlined within this section.
Publicly available content
Content meant for public availability shall be automatically made public on Festify upon upload or, at the sole discretion of the Owner, at a later stage.
Any personal data, identifier or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the published content.
Private content
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.
Users may (and are encouraged to) check on Festify to find details of who can access the content they provide.
Access to external resources
Through Festify Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
Festify and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Festify and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Festify or the Service, terminating contracts, reporting any misconduct performed through Festify or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Owner’s legitimate interests;
- offend the Owner or any third party.
Prohibition of child sexual abuse and exploitation
Creating, uploading, or distributing content that facilitates the exploitation or abuse of children is expressly prohibited. Such activities include all child sexual abuse materials, etc.
“Tell-a-friend”
Festify gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on Festify.
In order to take advantage of this offer, Users may invite others to purchase the Products on Festify by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once.
If upon purchase of the Products on Festify any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on Festify.
Tell-a-friend codes may be limited to specific Products among those offered on Festify.
The Owner reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, each inviting User may only receive up to 50€ in benefits or advantages.
API usage terms
Users may access their data relating to Festify via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Festify, is bound by these Terms and, in addition, by the following specific terms:
- the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on Festify, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Festify.
To purchase Products, the User must register or log into Festify.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of Festify and are subject to change without notice.
While Products on Festify are presented with the greatest accuracy technically possible, representation on Festify through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps needed from Product choice to order submission, form part of the purchasing process.
The purchasing process includes these steps:
- Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.
- Users may review their purchase selection, modify, remove or add items.
- Users will be required to specify their billing address, contact details and a payment method of their choice.
- If the purchase results in a product being shipped, Users may need to indicate a shipping address.
- After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.
- By clicking on the checkout button, Users open the Stripe checkout view wherein they will be required to specify their contact details and a payment method of their choice.
- Users, who have not already done so, may ask Stripe to store their payment information for future purchases on Festify or sites that use Stripe as a payment gateway. The User may read the privacy policy of Stripe and Festify to learn more about the data processing and User rights regarding their data.
- Within the Stripe checkout view, Users may be requested to also specify their billing and shipping address.
- Within the Stripe checkout view, Users will be given the possibility to choose the express checkout. The express checkout allows Users to finalise the purchase directly, making use of payment and contact information stored by common online payment processing services (such as “ApplePay”, “Google Pay”, “Microsoft Pay”).
To submit the order, Users must accept these Terms and use the respective button or mechanism on Festify, hereby committing to pay the agreed-upon price.
Order submission
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Festify are displayed:
- including all applicable fees, taxes and costs.
Offers and discounts
Sellers may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Festify.
Offers and discounts are always granted at the Seller’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Seller can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases;
- A Coupon cannot be applied cumulatively;
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Festify.
All payments are independently processed through third-party services. Therefore, Festify does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of Festify to learn more about the data processing and Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Payment of price in installments
The payment of the purchase price may be settled in two or more instalments, within the deadlines specified on Festify or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
Authorization for future PayPal payment
If Users authorise the PayPal feature which allows future purchases, Festify will store an identification code linked to the Users’ PayPal account. This will authorise Festify to automatically process payments for future purchases or recurring instalments of past purchases.
This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Purchase via app store
Festify or specific Products available for sale on Festify must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Contractual right of cancellation
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of Festify within 15 days of concluding the contract.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on Festify or as communicated before the order submission.
Users acknowledge and accept that in order to access the service, Users must employ legal, commonly used and up-to-date device(s) and/or software (including operating systems) that are consistent with current market-standards.
Users acknowledge and accept that the ability to use the services may be limited in time and space.
Term and termination
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Fixed-term subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible.
Installments
If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.
Failure to meet the payment deadlines may result in the unavailability of the Product.
Automatic renewal of fixed-term subscriptions
Subscriptions are automatically renewed through the payment method that the User chose during purchase.
The renewed subscription will last for a period equal to the original term.
The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
Termination by the User
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Festify.
If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.
Exception for Consumers based in Germany
However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following applies:
At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates before the end of such term.
The fee due upon extension will be charged on the payment method that the User chose during purchase.
After extension, the subscription will last for an indefinite period and may be terminated monthly.
The User shall receive a reminder of the upcoming unlimited extension with reasonable advance, outlining the procedure to be followed in order to prevent the extension or terminate the subscription thereafter.
Termination by the User
Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Festify.
If the notice of termination is received by the Owner by the end of the current month, the subscription shall expire at the end of such month.
Termination by the Owner
The Owner reserves the right to terminate the subscription for convenience at any time by sending a termination notice to the User. The termination shall take effect at the end of the current term after the notice period has expired.
The notice period is 30 days.
Termination for cause and/or impossibility of performance
The Owner expressly reserves the right to terminate the contract effective immediately for cause and/or impossibility of performance — such as, for instance, orders from public authorities, breach against statutory law or infringement of third-party rights, actual or impending insolvency, inappropriate use of Festify.
In particular, the Owner may terminate the contract with immediate effect should the User be a sanctioned person or entity, or be based in a sanctioned territory designated by an authority that the Owner is directly or indirectly subject to.
Statutory rights of termination
Any mandatory statutory rights of termination set out by applicable law shall remain unaffected.
Provision of personal data
To access or receive some of the Products provided via Festify as part of the Service, Users may be required to provide their personal data as indicated on Festify. If the User withdraws consent to the processing of personal data required for the provision of the Service, the Owner reserves the right to terminate the contract with the User.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
The right of withdrawal does not apply to contracts that have been entered into with the Owner. It may, however, apply to contracts entered into with Sellers. If applicable, the right to withdraw from contracts entered into with Sellers via Festify is subject to the conditions and specifications made available by each Seller on Festify.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers) against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.
Limitation of liability for User activities on Festify
Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in Festify.
The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations, except as required by applicable law.
Users, in particular, acknowledge and accept that the Owner is not involved in sales and purchases by Users qualifying respectively as Sellers or Buyers over Festify.
This means that purchase contracts are solely entered into and performed by such Sellers and Buyers.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to mandatory law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Festify has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
- damages or losses resulting from interruptions or malfunctions of Festify due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- any losses that are not the direct consequence of a breach of the Terms by the Owner;
Notwithstanding the above, the following limitation applies to all Users other than Natural Persons:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or throughout the duration of the Agreement, if shorter.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
The Owner undertakes to inform the User with at least 7 days' notice in advance, whenever possible.
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Festify and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of Festify.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Festify are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Festify are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of Festify must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Festify or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 7 days of receiving it.
Definitions and legal references
Festify (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
Business User
Any User that does not qualify as a Consumer.
Buyer
Indicates any User who buys goods or services from Sellers through Festify, regardless of whether or not the actual transaction takes place through Festify.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Digital Product
Is a Product that consists of:
- content produced and supplied in digital form; and/or
- a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of Festify.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Natural Person
Any individual human being including, but not limited to, Consumers.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Festify and/or the Service to Users.
Product
A good or service available through Festify, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.
Seller
Indicates any User who sells goods or services to Buyers through Festify, regardless of whether or not the actual transaction takes place through Festify.
Service
The service provided by Festify as described in these Terms and on Festify.
Terms
All provisions applicable to the use of Festify and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Festify.
Consumer
Consumer is any User qualifying as such under applicable law.