Terms of Service for users of The Tixify app

if you are visiting an event that uses the tixify app, you are also bound by the below terms and conditions of the service please read these terms carefully by downloading and using the tixify pulse mobile app and/or the services associated with it you agree to comply with these terms can't find what you are looking for? write to us at help\@tixify com or visit https //www tixify com/contact us welcome to tixify pulse we offer an app for communication about events, such as concerts, festivals or sports matches which is named tixify pulse by means of the tixify pulse app (i) event organisers can communicate with visitors to their events, and (ii) visitors can communicate with each other, for example about an event they are planning to attend we have drawn up a number of terms and conditions to ensure the proper use of our app we request you to read these carefully, so as to be aware of your rights and obligations 1 definitions app the app that is offered by tixify limited, under the name tixify pulse, to enable publishers to communicate with visitors to their events, and to enable visitors to communicate with each other user the user of the app publisher the organiser of one or more events that uses the app to communicate about his event(s) this also includes third parties who use the app to communicate about the publisher's event on behalf of the publisher terms of use these terms and conditions applicable to the use of the app tixify (also referred so as “we”, “us”, “our”, etc ) tixify limited , having its registered office in new york, usa, the provider of the app conversation mobile phone conversation about a particular event chat conversation for a specific user group chat chat in which other users also participate on the invitation of a user website the tixify website relating to the app, as can be found on https //www tixify live/pulse https //www tixify live/pulse 2 applicability of terms of use 1 these terms of use apply to the use of the app by you (as the user) and constitute the agreement between you and tixify 2 we can amend the terms of use at any time the most recent version of the terms of use is available within the app, and any substantial amendments will be flagged up when the app is used if you continue using the app after the amendment, you will thereby accept the applicability of the amended conditions if you do not agree to the amendment, you will have to stop using the app 3 the most recent version of the terms of use is also published on tos https //tixi fyi/pulse tos , from where it can be downloaded and/or printed off 3 our app 1 our app enables publishers to communicate with users in a conversation in addition, users can invite other persons within a conversation to take part in a group chat in the app you can also find practical information about the event, such as your ticket event related products or services may be offered via the app, whether through reference to the website of a publisher or a third party 2 in order to use the app, you need to download it subsequently, you have to enter particular data in order to create an account you guarantee that the information you provide on that occasion is correct and up to date the use of your data is governed by our privacy statement the most recent version of our privacy statement is available within the app and at https //tixi fyi/pulse privacy https //tixi fyi/pulse privacy 3 you will be able to take part in a conversation if you receive (and accept) an invitation to do so from the relevant publisher, if you receive (and accept) an invitation from another user who already takes part in the conversation, or if you enter a code for the event in the app if you accept an invitation for a conversation from another user, you will directly take part in a group chat with this user and others who are invited by this user the app and the website explain in more detail how the app works 4 4 the use of the app 1 you are not permitted to use the app unlawfully in any way unlawful use in any case includes the following a sending (links to) content that is unlawful or has been prohibited by us, such as • viruses; • pornography; • infringing content (which infringes copyrights, trade mark rights, trade name rights or other rights held by us, by a publisher or by third parties); • personal data (without justification under the gdpr); • discriminatory or inflammatory content; b excessive communication (spamming); c any use aimed at collecting excessive information, including through scraping or the use of spiders; d the use of content from the app for commercial purposes; e misleading use; f any use that disrupts or may disrupt the functioning of the app; g any use in breach of applicable legislation 2 participation in a particular conversation may be subject to a minimum age requirement you will have to comply with that requirement and provide us with correct information on this point 3 you yourself are fully responsible and liable for all your actions performed using the app 4 tixify may limit or block your possibilities for use at any time 5 tixify will be entitled to remove an account if we believe that these terms of use (including the above rules) are being breached, without being obliged to provide a further explanation and without being liable for any losses 6 the app and/or conversations or group chats may contain links or references to third party services or websites under no circumstances will tixify be responsible for such services or websites third party terms and conditions may apply if you purchase services or products from third parties 5 reporting unlawful use 1 if you notice anyone making unlawful use of the app, you can report this by sending an email to pulse\@tixify live 2 tixify will be free to remove or block (a part of) a conversation or an account 6 rights 1 all intellectual property rights in relation to the app, including copyrights, trade mark rights, trade name rights and database rights, are vested in tixify or in our licensors the intellectual property rights in respect of an event or conversation, including the name of a conversation or the content in it, are in principle vested in the publisher or in its licensors 2 tixify will grant a limited, personal, revocable, non exclusive, non sublicensable and non transferable right to access and use the app and only for personal and non commercial purposes 3 users may not perform any acts that infringe the intellectual property rights of tixify or third parties 4 you will retain any intellectual property rights (if applicable) to photographs (such as your profile picture) and/or texts which you uploaded onto the app you grant tixify a free, worldwide, irrevocable, sublicensable and transferable licence to make available to the public and reproduce this content in the context of offering the app 7 purchases via de app 1 in certain situations, a user can use the app to buy vouchers for the products and services offered by the publisher or a third party 2 the seller of the vouchers will be tixify you can contact us by sending an email to pulse\@tixify live mailto\ pulse\@tixify live 3 by means of the voucher, the user can procure the product or service from the publisher or third party 4 prices are stated in euros and include vat and any other costs, such as the costs associated with the payment method 5 depending on the nature of the product or service, you will be able to withdraw from the agreement with tixify the right of withdrawal does not apply to items such as food if the right of withdrawal does not apply, you will be informed of this 6 communication about withdrawal or other forms of termination of the agreement may be sent to tixify at pulse\@tixify live mailto\ pulse\@tixify live alternatively, you can use the model withdrawal form 8 tickets 1 it may happen that you buy a ticket for an event organised by a publisher via a tixify website, such as the website www tixify live https //tixify live or www tixify shop tixify may also offer this functionality in the app in the future 2 the seller of the ticket will be the publisher, unless expressly stated otherwise an agreement will be formed between you and the publisher tixify will not be a party to this agreement 3 the publisher will be responsible for compliance with the agreement this includes the possible relocation or cancellation of an event 4 the right of withdrawal may be ruled out in respect of tickets if the right of withdrawal does not apply, you will be informed of this 5 communication about the event, tickets and the agreement between you and the publisher must be sent to the publisher that organises or organised the event if it is not possible to contact the publisher, we would be happy to act as an intermediary in that case, please send a message to pulse\@tixify live mailto\ pulse\@tixify live 9 free service 1 we want to offer the best possible service which the greatest number of users can enjoy 2 in order for us to continue offering the app free of charge, we apply the following conditions a you are using the app at your own risk you indemnify us against any and all losses arising as a result of your use of the app b we do not give any guarantees in respect of the app it may happen that at certain times the app is not (properly) accessible, is not safe or does not (fully) work c we accept no liability for property damage, financial losses or any other injury relating to the use or abuse of the app, insofar as this is permitted under mandatory law in any case, we will never be liable for consequential damage relating to the app, including purely financial losses, lost turnover and profits, loss of data and immaterial damage d insofar as tixify were to be liable notwithstanding the foregoing, our liability will be limited to direct damage up to an amount of eur 1,000 (one thousand euros) 10 end of use 1 if you want to stop using the app, you can remove the app from your mobile device we will remove your data no later than one year after you removed the app 2 in addition, you can delete conversations from the app 3 we are entitled to suspend or terminate your use of the app, for example if you violate the terms of use, or if we receive complaints from other users about your use of the app if we sustained damages as a result of your actions, we may recover this loss from you 11 miscellaneous 1 these terms of use and the use of the app are governed by usa law any disputes will be submitted to the competent court in the delaware court, unless a different court has jurisdiction under mandatory law 2 tixify may transfer the rights and obligations arising from these terms of use to a third party 3 if you should have any questions, please do not hesitate to contact us, either via pulse\@tixify live mailto\ pulse\@tixify live or by post tixify limited , customer service department, 447 broadway, 2nd floor suite #1511, new york, new york 10013, united states