Acceptance of the Terms
I. General commitments and agreements by you.
II. Key Terms
“Events” means any meal, activity, gathering of any kind posted on Festi App.
“Content” means text, graphics, information, data, images, photographs, information or other materials.
“Festi Content” means all information and content available through the Application, Services, or it's related and official social media channels, including any content licensed from a third party, but excluding User Content.
“User Content” means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Posting, User profile to be made available through the Application or Services.
“Collective Content” means User Content and Festi Content.
“Booking” or “Reservation” means a limited license granted by the Host to the Guest to attend an Event.
“Booking Request” means a booking or reservation requested by a Guest to attend an Event posted by the Host.
“Guest” means a User who requests from a Host a Booking of an Event via the Application or Services, or a User who attends an Event and is not the Host for the associated Posting.
“Host” means a User who creates a posting or event or Guest List via the Application and Services.
“Posting” means an Event that is listed and posted by a Host as available for Booking via the Application, and Services.
“User” any person or entity who use or has access to Festi App in the past or present including but not limited persons who complete Festi account registration process.
“Guest List” means a list of Users selected or identified by a Host User.
“Tax” or “Taxes” mean any taxes which be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect for the Event or other withholding and personal or corporate income taxes. These taxes include or not limited to sales taxes, goods and services taxes (GST), tourist or other visitor taxes, food or beverage.
“Event Charge” means the amounts set or determined by the Host that is due and payable by a Guest in exchange for that Guest’s attendance at the Event posted by the Host.
“Processing fees” or “Service fees” means the fee that Festi charges a User for the use of the Services, which is calculated as a percentage of the applicable Event Charge.
“Total Fees” means collectively the Event Charge and the Guest Processing Fees.
USE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FESTI DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. THE APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FESTI EXPLICITLY DISCLAIMS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FESTI MAKES NO WARRANTY THAT THE APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE POSTING OR ANY EVENTS OR ACTIVITIES OR MEALS OR OFFERS OF ANY KIND, WILL MEET YOUR REQUIREMENTS. FESTI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY POSTINGS, EVENTS, HOSTS, GUESTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
FESTI WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT FESTI DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY EVENTS OR POSTINGS. FESTI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APPLICATION OR SERVICES. FESTI EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER (HOST OR GUEST) OR OTHER THIRD PARTY.
PLEASE NOTE THAT FESTI CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY OR SUITABILITY OF ANY EVENTS. FESTI IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL INFORMATION ON THE APP POSTED BY ANY USER. ALL ACTIVITIES AND ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.
FESTI DOES NOT GUARANTEE THAT THE APP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE, UNINTERRUPTED, OR THAT FESTI APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS OR THAT WE WILL CORRECT ANY ERRORS OR DEFECTS. FESTI APP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.
YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE ARISING FROM THE APPLICATION OR SERVICES. FESTI IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP.
If you are a California resident, you waive California Civil Code§1542, which says a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor.
User has the sole and ultimate responsibility regarding compliance with all laws, regulation (including without limitation the applicable tax regulations and food regulations), or any other duty relating to the Event. It is the responsibility of the Host to assure that an Event is conducted in compliance with all applicable laws, rules, and regulations, including with respect to any tax obligations relating to the Events.
IV. Limitation of Liability
FESTI, INCLUDING FESTI’S REPRESENTATIVES ARE NOT, AND CANNOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF OR RELATING TO THE APPLICATION, THE SERVICES AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE APP, THE SERVICES AND/OR THE CONTENT AND/OR AN/OR YOUR PARTICIPATION IN ANY EVENT, THE FAILURE OF THE APPLICATION TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF FESTI TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF FESTI BY ANY OTHER CAUSE WHATSOEVER. YOU UNDERSTAND THAT THERE IS NO WARRANTY, GUARANTEE OR CONDITION, CONTRACT, DUTY OR ANY OTHER LEGAL THEORY IN CONNECTION WITH YOUR USE OF FESTI, REGARDLESS OF WHETHER FESTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FESTI IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY USER’S PARTICIPATION IN ANY EVENTS DISTRIBUTED THROUGH THE APP, INCLUDING THE NATURE AND QUALITY OF ANY EVENTS INCLUDING BUT NOT LIMITED OFFERINGS OF FOOD SERVED OR SERVICE RENDERED, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE APP AND SERVICES. FESTI DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER CONTENT AVAILABLE ON THE APPLICATION. AND FESTI EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED IN THIS REGARD. FESTI IS NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR FESTI USER.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, FESTI AND FESTI'S REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE ANY PROCESSING FEES YOU HAVE PAID VIA THE APPLICATION, IF ANY, TO FESTI FOR USE OF THE SERVICES.
By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Festi with respect to such actions or omissions.
You agree to defend, indemnify and hold harmless Festi and Festi Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of Festi Application and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the App; (iv) the User Content you uploaded through the use of the App or Site; and/or (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to your use of the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Festi reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
VI. Arbitration, Class action waiver, Jurisdiction
YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION, WAIVE RIGHT TO JURY TRIALS AND CLASS ACTION LAWSUITS.
These Terms, any claim relating to Festi App and/or Services or its use thereof will be interpreted and governed in accordance with the laws of the State of Virginia and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Arlington Virginia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute Resolution: You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Festi are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA“). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Unless you and Festi otherwise agree, the arbitration will be conducted in Arlington Virginia. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.
VII. Account Registration
You can register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Application, as described below. You grant Festi access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Festi to pay any fees or making Festi subject to any usage limitations imposed by such third-party service providers. By granting Festi access to any Third-Party Accounts, you understand that Festi will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Application via your Festi Account and Festi Account profile. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Festi Account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or Festi’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services and Application. Your relationship with the Third-Party Account is governed by your agreement with the Third-Party Provider. Festi makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Festi is not responsible for any SNS Content. Your Festi Account and your Festi profile page will be created for your use of the Application based on the personal information you provide to us or that we obtain via an SNS as described above.
Account security and duty to notify Festi
You may not assign or transfer your rights or delegate your duties under the Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
Certain account activities may cause loss of information you provided, Festi does not accept any responsibility for any such loss.
VIII. Use Restrictions
There are certain conducts which are strictly prohibited on Festi App. Please read the following restrictions carefully. Failure to comply with the provisions set forth herein may result in the termination of your access to Festi app and may also expose you to civil and/or criminal liability.
You agree not to 1) interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access Festi App and retrieve, index and/or data-mine any information; 2) interfere with or disrupt the operation of Festi App or site or the servers or networks that host Festi App, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; 3) falsely state or otherwise misrepresent any information posted or made available on Festi app including, but not limited to any representation you make with respect to your profile, Events, or messages with other Users; 4) bypass any measures we may use to prevent or restrict access to Festi App; 5) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Festi’s proprietary rights, including Festi's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; 6) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Festi on or through the Application, Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; 7) transmit, distribute, display or otherwise make available through or in connection with Festi App any content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; 8) transmit or otherwise make available in connection with the Application and Site anything that interferes with Festi’s functionality including, virus, or any computer code, file, or program that may or is intended to damage or hijack the operation of any mobile device, hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;9) use the Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Festi endorsement, partnership or otherwise misleads others as to your affiliation with Festi; 10) dilute, tarnish or otherwise harm the Festi brand in any way; 11) registering and/or using Festi or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Festi domains, trademarks, taglines, promotional campaigns or Collective Content; 12) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; 13) infringe the rights of Festi or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right; 14) participate in crawling, scraping, caching or otherwise accessing any content on the Application via automatic means, including but not limited to profiles and photos is strictly prohibited; 15) infringe and/or violate any of the Terms; and 16) encourage or enable other Users to infringe and/or violate any of the Terms.
IX. App features and functions
Event Postings (as a host)
As a User, you may create Postings. To create a Posting, you will be asked a variety of questions about the Event to be listed, including, but not limited to, the location, features, food, beverage, activity, and pricing and related rules and policies. In order to be featured in Postings and Posted Events via the Application and Services, all Events must have valid physical addresses. Postings will be made to people on your Guest List and/or publicly available via the Application and Services. Other Users will be able to book your Event via the Application and Services based on the information provided in your Posting, profile, and reviews provided by other Users. You understand and agree that once a Guest requests a Booking of your Event, you may not request the Guest to pay a higher price than in the Booking request.
If you are a Host, you understand and agree that Festi does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Event and enters your home or any private place for any activity, any agreement you enter into with such Guest is between you and the Guest and Festi is not a party to it. When you create a Posting, you have the ability to accept booking request and such acceptance is made at the Host User’s sole risk and discretion.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE OFFERING TO SERVE A MEAL OR ACCEPTING GUESTS. CERTAIN TYPES OF EVENTS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE POSTING AN EVENT ON FESTI. FESTI PROHIBITS THE USE OF ANY CONTROLLED SUBSTANCE INCLUDING MARIJUANA AT ANY EVENTS.
Fees and Payments
Payments may be processed via certain payment service providers (“Payment Processors”). We may add or change the Payment Processors in our sole discretion. The Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Payment Processors. These Payment Processors are independent contractors and have no employment or agency relationship with Festi. Festi is not responsible in any way for the actions or performance (or lack thereof) of the Payment Processors. It is your responsibility to abide by all the terms specified by the Payment Processors. Festi may, at any time and at its sole discretion, amend the processing or service fees (for host and guest), payment terms and cancellation policy.
Bookings and Payments
Host User has the option to accept the Booking Request for the Host User’s event within a limited time; otherwise, the Booking Request will automatically expire. Guest User agrees to pay the Total Fees and charges for any Bookings accepted. Host Users, not Festi, are solely responsible for honoring any confirmed Bookings and making available any Event reserved through the Application and Services. Each Host agrees to (i) permit the Guest to cancel the Booking and (ii) permit a refund to the Guest that pursuant to the applicable cancellation policy less any Festi cancellation fees.
Festi is not responsible for enforcing any representations by Hosts including donations of collected funds. Festi does not take any responsibility or liability for whether the Host does, in fact, make the donation he or she pledged to make.
Service Fees/Processing Fees
In consideration for the use of Festi’s application and services, Festi charges Service/ Processing Fees. Festi Payments collects these Service Fees upon payment from Guest Users. The Total Fees collected less Service Fees will be the balance remitted to the Host after the applicable Event.
Cancellations, Refunds, and Fees
If, as a Guest, you wish to cancel a confirmed Booking made via Application and Services, the cancellation policy of the Host disclosed in the event detail will apply to such cancellation. Our ability to refund Event Charge and other amounts charged to you will depend upon the terms of the applicable cancellation policy set by the Host. All cancellations made by any Guest will incur a minimum $1.50 cancellation fee for all charged events. This amount is subject to change without further notice. There is no cancellation fee for free events.
If a Host cancels a confirmed Booking Application, Festi will refund the Total Fees for such Booking to the applicable Guest. The Host will not receive any payment for any and all cancellations. If, as a Host, you cancel a posted event multiple times, Festi may decide, in its sole discretion, to suspend your account. Festi shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of the cancellation of any reservation booking or Event.
All charges and payments may be subject to taxation, as required or ordered by the applicable tax law in the city, state, and country in which respective Hosts reside. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes related to your Postings and Events. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you.
You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Event is located may require Taxes to be collected from Guests or Hosts on the amount paid for the Event or activity and you are responsible for the taxes.
Tax Indemnity. You expressly agree to release, defend, indemnify, and hold Festi and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to the Event, licenses and taxes related to the Event, including, without limitation, the applicability of, calculation, collection or remittance of taxes in any amount or at all as to your transactions or Event. You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.
XI. Intellectual Property Ownership and Rights Notices
The Application, Services, and Collective Content are protected by patent, copyright, trademark, and other Intellectual Property laws of the United States and foreign countries. You agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Festi LLC and its licensors. You will not remove, alter or obscure any intellectual property rights, copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Festi used on or in connection with the Site, Application, Services, and Festi Content are trademarks or registered trademarks of Festi in the US and abroad, whether or not registered. No right, intellectual property rights, license, or interest shall be asserted by you and therefore you are prohibited from using any of those marks. All rights in the Collective Content available on the App are reserved rights of Festi. The Terms do not convey to you an interest in or to Festi’s Intellectual Property. Nothing in the Terms constitutes a waiver of Festi’s Intellectual Property under any law. To the extent you provide any feedback, comments or suggestions to Festi, (“Feedback”), Festi shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Festi current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Festi to comply with any additional obligations with respect to any Festi current or future products, technologies or services that incorporate any Feedback.
XII. User Content Agreement
Festi will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Content. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such material, on the App, in any way. You represent and warrant that you are the rightful owner of the User Content you upload to the Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and that such User Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). You will not post anyone's identification or information about others on Festi.
You expressly agree that the User Content will not include anything unlawful in the state and country in which you are resident (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent, unsolicited promotions, advertising, contests or raffles).
Although Festi has no obligation to screen, edit or monitor any of the User Content, Festi explicitly reserves the right, at its sole discretion, to remove or block content, without giving any prior notice, any User Content available on the App at any time and for any reason.
When you upload, post, publish or make available any User Content on the App, you grant to (i) Festi an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the name that you submit in connection with such User Content, in connection with the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the App a non-exclusive and royalty-free license to access your User Content through the App and to use such User Content solely for personal and noncommercial purposes. Festi may publish and use any User Content without the User's prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Content to any third party. Festi shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.
FESTI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE APP, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS FESTI LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER.
Without notice, Festi may deactivate, limit your use of or access to your Festi Account and the Site, Application or Services, temporarily or permanently revoke any status associated with your Festi Account, or temporarily or permanently suspend your Festi Account if (i) you have breached these Terms, including material and nonmaterial breaches to be determined at Festi’s sole discretion; (ii) Festi received reports of inappropriate use from other Users and poor reviews/ratings; and (iii) Festi believes in good faith that such action is reasonably necessary to protect the safety or property of Users, Festi or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we notify you that your account is subject to suspension and deactivation, you agree that you would cancel all pending events as a Host and all pending reservations as a Guest immediately. If your access to or use of the Application and Services has been limited, or your Festi Account has been suspended, or this Agreement has been terminated by us, you may not register a new Festi Account or attempt to access and use the Application and Services through other Festi Accounts. You will not be entitled to any compensation for confirmed Bookings that were canceled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your User Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Festi Account or any of your User Content.
Additionally, Festi may at any times, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Festi does not assume any responsibility with respect to, or in connection with the termination of the operation of the App and loss of any data, including the User Content. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
XIV. Miscellaneous Terms
Changes to the App/Modification
Festi reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under Festi App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Festi shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein.
Amendments to the Terms
Festi may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. Such material changes will take effect immediately without further notice. Your continued use of the App on or after the last revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Festi may accept advertisements from third parties. Please note that the Festi makes no warranties or representations concerning such advertisements, whether or not the Festi has control over such advertisements. Festi, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such advertisements. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts.
All the information contained in such advertisements and commercials belongs solely to the advertisers and the Festi makes no warranties or representations in respect of such. Festi will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials. Festi’s advertisers and/or related third-parties may be entitled to certain shares of the earnings for such advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto.
FESTI AND/OR ITS REPRESENTATIVES ARE NOT OBLIGED TO NOR CAN THEY VERIFY THE ACCURACY OF INFORMATION REPRESENTED IN SUCH ADVERTISEMENTS. THUS, FESTI APP MAKES NO REPRESENTATION REGARDING THE ACCURACY OF ADVERTISEMENTS.
Festi does not endorse any User, Postings or Events. Any information in the Application is used and relied upon at your own risk without any warranties or representations from Festi. Festi not responsible for any damage or harm resulting from your interactions with other Users.
The failure of Festi to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Festi may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Festi or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Festi, its users, or Users of the public.
You acknowledge that Festi has no obligation to monitor your access to or use of the Application, Services or Collective Content or to review, remove, disable access to or edit any User Content, but has the right to do. Festi’s rights include but are not limited the purpose of operating and improving the Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Festi reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Festi, at its sole discretion, considers being objectionable or inappropriate for any reason.
Entire Agreement, Conflict, and Assignment
These Terms constitute the entire Terms and conditions between you and the Festi relating to the subject matter herein and supersede any and all prior agreements or understandings
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
We may assign or transfer these Terms without restriction or notification. These Terms survive termination of the Agreement will remain in effect.
If there is a conflict between these Terms and terms and conditions posted for a specific area of the website, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the website, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
We respect your privacy and we do not share or sell your private information to third parties for direct third party direct marketing purposes. We do not send you any emails or text messages related to third party marketing or advertisements.
We collect information you provide directly to us, such as when you create or modify your account, post events, follow other users, make reservation requests, communicate with other users through the mobile applications (App or Application), websites, and other products and services (collectively, the “Services”), use the App in any way, contact customer support, or otherwise communicate with us. This information may include name, email, phone number, address, profile picture, payment method, profile information, follower list, internal messages with other Users, event details, geographical location and other information you choose to provide or is accessible through the App.
Location Information: When you use the App to locate events near you, and users near you, we collect location data from the App. We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect location information. The Personal Information is collected from the details the Users provide in the Application, which includes but not limited to the following: full name, e-mail address, and city and state of residence. In addition, when updating profile, the User may also provide, at his/her sole discretion, information such as photos, biography, affiliations, education, profession, name, phone number, address, etc.
Alternatively, a User can open an Account and sign up to the Application via existing third-party accounts (namely Facebook) used by such User (“Social Network Account”). In the event that a User registers to the Application through his/her existing Social Network Account, then such Social Network Account provides us with access to certain information about such User as is stored in the User’s Social Network Account, namely, the User's full name and email and/or any other information which is detailed and displayed to the User in the notice which appears during the integration process with such Social Network Account. We may collect your login information and other relevant information necessary to enable us to access your Social Network Account in order to collect the abovementioned data contained within your Social Network Account which you provided us access to. We may store the above-mentioned information (or any part of it), in order to achieve the purposes set forth herein. Please remember that the manner in which social networks use, store or disclose your information is governed solely by their policies and we will have no liability or responsibility for the privacy practices or other actions of such social networks. If you do not agree to these practices please do not use the social network integration feature. You hereby agree that such information will be stored even after the linkage to your Social Network Account expires, for any reason.
Personal Information may also be collected from the details the User may provide in the Application either account profile, posting information of events, Guestlist creation (from phone contacts and through the App) and the contact form on the website festionline.com. This "contact us" form includes the User's name and email address, as well as the contact subject and text message. Additional information may be requested in the future.
Transaction Information: We collect transaction details related to your use of our Services, including all information you provide on or through the App, profile information, guest list information, guest list preference and selections, any information related to an event posting, any transactions through the App, any booking or reservations through the App and messages with other users, any payment transactions, amount charged, amount received or collected, and other related transaction details.
Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information. We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system.
Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
Find Friends features: We collect data if you choose to use our “Find friends” feature to locate other people with Festi accounts through (i) your device contact list, (ii) your location, (iv) third-party social media sites (ie: Facebook) or (v) search of name and usernames on Festi app.
Use of Information
We may use the information we collect about you to:
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
Collected information may be shared: with other users; with Festi subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf in connection with the operation of the application.
We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf, and to track and report on the performance of those advertisements.
Retainment of information. We will retain and use your Personal Information to comply with our legal or business requirements or obligations (including as required by applicable law), to resolve disputes and/or to enforce our Terms. Aggregated and/or anonymous data derived from Account may remain on our servers indefinitely. Note that we may retain your Personal Information for a reasonable period as required to provide you with the Services, all as permitted under any applicable privacy laws.
Disclosure. There are inherent risks in the transmission of information over the phone or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur.
California Privacy Rights/Third party direct marketing. California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Festi does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
Minors: The Site is intended for Users over the age of eighteen (18). Therefore, Festi does not intend and does not knowingly collect Personal Information from children under this age of eighteen. We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Site.