TERMS & CONDITIONS

Last update: 14th May 2019

 

Welcome to Phe Festival App!

Thanks for using our Service!

By accessing or using the Phe Festival App service, or any applications (including mobile applications) made available by Phe Festival App (together, the “Service”), however accessed, you agree to be bound by these Terms & Conditions of Use. 

The Service is owned and controlled by Phe Festival (“Provider”). These Terms & Conditions of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms & Conditions of Use, do not access or use the Service.

Terms & Conditions of Use represent contractual document intervened between the Provider and the Users who are using and accessing Phe Festival App.

 

Your Service Account

You must be at least 16 years old for using the Service.

You may create your own Service Account, or your Service Account may be assigned to you by an administrator, such as your employer. If you are using a Service Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Service Account, keep your password confidential. You are responsible for the activity that happens on or through your Service Account. Try not to reuse your Service Account password on third-party applications.

 

Your Content in the Service

Some components of the Service allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through the Service, you give the Provider (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. 

This license continues even if you stop using the Service. Some components of the Service may offer you ways to access and remove content that has been provided to that Service. Also, in some components of the Service, there are terms or settings that narrow the scope of our use of the content submitted in those components of the Service. Make sure you have the necessary rights to grant us this license for any content that you submit to the Services.

You can find more information about how the Service uses and stores content in the Privacy Policy or additional terms for a particular service. If you submit feedback or suggestions about the Service, we may use your feedback or suggestions without obligation to you.

 

Using the Service

You must follow any policies made available to you within the Service.

Don’t misuse the Service. For example, don’t interfere with the Service or try to access it using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law. We may suspend or stop providing the Service to you if you do not comply with our Terms & Conditions of Use or Policies or if we are investigating suspected misconduct.

Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access. You may not use content from the Service unless you obtain permission from its owner or there is otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in the Service. Don’t remove, obscure, or alter any legal notices displayed in or along with the Service.

The Service displays some content that is not the Provider’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

 

Intellectual property rights (IPR)

Intellectual property rights (IPR) are all intangible rights, such as copyright, know-how, database rights, design rights, model rights, patents, trademarks and domain name registrations.

The Service is protected by international conventions and national law on copyright as well as international trade provisions.

All content, including graphic layout, text, images, illustrations, graphics, audio or video clips are parts of the trademarks, service marks, copyright and/or other intellectual property rights or parts of the licenses held by the Provider or their partners or other third parties who have licensed their materials to the Provider. 

Logos, names of goods and Service as well as offers that belong to collaborators of the Provider are the property of respective owners and they have full rights and obligations on them.

The user of the Service cannot copy, download, reproduce, modify, distribute, transmit, transfer or create derivative works from the content of the Service without direct written permission from the Provider.

By accessing the website, the user of the Service agrees to protect, to ensure, to defend and to consider the Provider innocent against all losses, expenses, damages and costs resulting from failure to follow these Terms & Conditions of Use.

If the user of the Service notifies or believes that any material on this website, published by the Provider or by someone else, violates copyright or any other rights, may write to the Provider using the Contact Page, in order to take a decision as quickly as informed.

 

Permissions & Responsibilities

The users of the Service are directly responsible for:

  • any content that they enter via the Service
  • sharing the profile of entity for which they were granted a Service user account with other users invited through the Platform to contribute with content to their profile. In turn, these users will not be able to access the Platform only after accepting these Terms & Conditions of Use
  • all activities within the Platform, as creating, editing, modifying or deleting content, that are made under their username, the Provider reserving his right to intervene on such content, sending it in case of the requirements set out in this document are not met

 

The users of Service are not allowed:

  • to register in the Platform any content that is illegal, harmful, threatening, abusive, harassing, defamatory, pornographic, privacy invasive or affecting minors in any way
  • to register in the Platform any events content which represents promotions or offers of Service, products or any kind of activities involving marketing of goods or Service over a period of time no matter how long it is
  • to introduce in the Platform content which includes private information or identifies a third party without its express consent
  • to introduce content which is false, deceptive, misleading, confusing or misinformed
  • to use the Platform for illegal or unauthorised purposes
  • to modify, to adapt or to exploit the security of the Platform as well as to modify another website in order to induce false impression that is associated with the Phe Festival App
  • to create and send unsolicited emails to any other users of the Platform or applications that derive from it ("SPAM").

If the user of Service is not a British citizen or resident in United Kingdom, they are obliged to abide with U.K. laws regarding conduct and content acceptable for online media.

The user of Service agrees that the Provider takes content created and edited by them in order to send it to third-party web and mobile applications that displays the content of the Platform.

 

About Software in the Service

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Phe Festival App gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by the Provider as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as supplied by the Provider, in the manner permitted by these terms. 

You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in the Service may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

Modifying and Terminating the Service

We are constantly changing and improving the Service. We may add or remove functionalities or features, and we may suspend or stop a part of the Service altogether.

You can stop using the Service at any time, although we’ll be sorry to see you go. The Provider may also stop providing the Service to you, or add or create new limits to the Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a part of the Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

Our Warranties and Disclaimers

We provide the Service using a reasonable commercial level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Service.

Other than as expressly set out in these Terms & Conditions of Use, neither the Provider nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the content within the Service, the specific functions of the Service or their reliability, availability or ability to meet your needs. We provide the Service “AS IS”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

 

Liability

The Provider cannot be responsible for damages of any kind, which the user of the Service or any third party may suffer as a result of the fulfilment by the Provider of any of their obligations under the Terms & Conditions of Use as formulated and under the order.

The Provider shall not be responsible if the subcontractors and/or their partners of any kind involved in executing of the order, do not fulfil any of their contractual obligations.

 

Force majeure

Neither party shall be liable for failure to perform its contractual obligations if such failure is caused by an event of force majeure.

Force majeure is unforeseeable and unavoidable, beyond the parties, noted as such under the laws in force.

 

Applicable law. Jurisdiction

These Terms & Conditions of Use are subject to the laws in force. Any disputes between the Provider and the user of the Service shall be settled amicably or, where this is not possible, disputes will be settled by the competent U.K. courts in English.

 

About these Terms & Conditions of Use

We may modify these Terms & Conditions of Use or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to the Service. You should look at these terms regularly. 

Changes will not apply retroactively and will become effective no sooner than 10 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms & Conditions of Use and the additional terms, the additional terms will control for that conflict.

These Terms & Conditions of Use control the relationship between the Provider and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

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