Terms & Conditions

Last Updated: 16th of July 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Festivawl website (the “Service”) operated by FESTIVAWL NEXUS SRL (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

 

Accounts

When you create an account with us, you guarantee that you are at least 18 years of age, and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of FESTIVAWL NEXUS SRL and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Festivawl.

 

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by FESTIVAWL NEXUS SRL. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FESTIVAWL NEXUS SRL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Indemnification

You agree to defend, indemnify, and hold harmless FESTIVAWL NEXUS SRL and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

 

Limitation Of Liability

In no event shall FESTIVAWL NEXUS SRL, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

FESTIVAWL NEXUS SRL, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Governing Law

These Terms will be interpreted and applied in accordance with the laws of Romania, not taking into account its provisions regarding conflicts of law.

Our lack of action in enforcing any right or stipulation of these Terms should not be construed as a renunciation of those rights. If any clause of these Terms is deemed invalid or unenforceable by a court, the other stipulations of these Terms will remain in force. These Terms embody the entire agreement between us concerning our Service and take precedence over and replace any previous agreements we might have had concerning the Service

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at support@festivawl.com.

 

Intellectual Property Rights

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to you under these Terms or prepared by or on behalf of FESTIVAWL NEXUS SRL in the course of performing the Services, except for any confidential information relating to you, shall be owned by FESTIVAWL NEXUS SRL.

 

Indemnification

You agree to defend, indemnify and hold harmless FESTIVAWL NEXUS SRL and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.

 

Limitation of Liability

In no event shall FESTIVAWL NEXUS SRL, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

Entire Agreement

These Terms, together with any other legal notices and agreements published by FESTIVAWL NEXUS SRL on the Service, shall constitute the entire agreement between you and FESTIVAWL NEXUS SRL concerning the Service.

 

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FESTIVAWL NEXUS SRL  failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Assignment

FESTIVAWL NEXUS SRL may assign its rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights and obligations under these Terms without the prior written consent of support@festivawl.com .

 

Contact Information

If you have any questions or concerns about these Terms, the practices of the Service, or your dealings with the Service, please contact us at support@festivawl.com .

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