EVNTZAPP TERMS AND CONDITIONS
This mobile application EvntzApp (the “App”) is operated by EvntzApp.
The MCD logo is used by EvntzApp with permission from MCD the Promoters.
MCD are supporting the provision of the EvntzApp for the sole entertainment of fans prior to, during and after the following 2018 summer concerts:
• Malahide Castle – LCD Soundsystem, Kodaline, Gorillaz, Liam Gallagher, Nile Rogers and Chic
• Croke Park – Taylor Swift and Michael Bublé
• RDS – The Chainsmokers, Picture This and The Killers
• Marlay Park – Bruno Mars
By accessing this App, you agree to be bound by the Terms.
The party referred to as “we”/”us”/”our” throughout this document shall refer to EvntzApp. The term “you” will refer to the person who downloads and uses the App on their mobile device.
You should check these Terms periodically for changes because by using the App after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them. We will endeavour to post at the top of these Terms the date on which the most recent changes to the Terms have been made. By using the App, whether as a browser or a subscriber, you agree to be legally bound by these Terms just as if you had signed this agreement. If you do not agree with these Terms, you must not use the App.
You are responsible for your use of the App and may only use the App for lawful purposes.
You will not:
1. Use the App (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws.
2. Upload or transmit through the App any viruses designed to interfere with, interrupt, destroy, limit or disrupt the normal operating procedures of a mobile device.
3. Engage in any conduct that may cause annoyance, inconvenience or needless anxiety or post or transmit any material which is defamatory, deceptive, threatening, abusive, harassing, libellous, fraudulent, pornographic, indecent, offensive, or of an obscene or menacing character.
4. Use the App in a manner which:
o may cause the App to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the App is in any way impaired; and/or
o violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); and/or
5. Create or publish a hypertext link to any part of the App or attempt any unauthorised access to any part or component of the App; and/or
6. Copy or distribute any part of the App in any medium without our prior written consent; and alter or modify any part of the App other than as may be reasonably necessary to use the App for its intended purpose; and/or
7. Violate these Terms or any policy on the App or interfere with the use and enjoyment of the App by others.
You agree that (a) in the event that you have any right, claim or action against any end user of the App arising out of that end user’s use of the App, then you will pursue such right, claim or action independently of and without recourse to EvntzApp, MCD, Malahide Castle, Croke Park, The RDS and Marlay Park and (b) you will only use the App for your personal and non-commercial use.
We reserve the right to:
1. modify or withdraw, temporarily or permanently, the App (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the App; and/or
2. change these Terms from time to time. Your continued use of the App (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the App; and/or
3. monitor any activity and content associated with the App. We may investigate any reported violation of these Terms or complaints relating to the App and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the App); and/or
4. we will use our reasonable endeavours to maintain the App. The App is subject to change from time to time. You will not be entitled to any compensation in circumstances where you cannot use any part of the App as a result of a failure, suspension or withdrawal of all or part of the App for any reason.
Registration is optional, however when/if you do register you must provide accurate and complete information (such as your name, email address, mobile number).
YOUR PERSONAL DATA
LINKS TO OTHER APPS
This App may provide links to other Apps or Websites. These Apps or Websites are not operated by us and are provided for your convenience. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such Apps, including (without limitation) any advertising, products or other materials or services on or available from such Apps or resources, nor for any damage, loss or offence 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 such external sites or resources.
In order to use some parts of the App, you may need to create an account. You must provide full and accurate information when you create your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately if you are aware of any unauthorised use of your account or of any breach of confidentiality/security. You are solely responsible for the use and/or security of your account. We will not be liable for any loss or damage arising from your failure to keep your account confidential, secure and for any and all unauthorised use. We reserve the right to freeze any account pending investigation of inappropriate and/or unauthorised use, breach of confidentiality/security and in the event of inappropriate and/or unauthorised use, breach of confidentiality/security, we may (at our sole discretion and without prior notice) terminate your account.
This App may now or in the future allow the submission to the App of photographs, videos and/or other content, communications or materials by users of the App (collectively “User Submissions”) and we may use such User Submissions for any purpose we see fit, including without limitation, hosting, sharing, and/or publishing such User Submissions. User Submissions must comply at all times with the separate terms and conditions that are applicable to such User Submissions.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not edit or control the information or materials posted to or distributed through any communications forums or elsewhere on the App, and we will not be in any way responsible or liable for such information or materials. We nevertheless reserve the right for any reason at our sole discretion to remove without notice any User Submission or any other contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party and you agree to indemnify us and hold us harmless from any claim arising out of or relating to your violation of this provision.
You acknowledge that when using the App, you will be exposed to User Submissions from a variety of sources, and that we are not responsible or liable for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. If you believe any of the User Submissions on the App are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us at email@example.com or refer to the Complaints Policy below.
If you feel that any content on the App has directed libel or defamation towards you or that your legal rights have been in any other way infringed (including but not limited to intellectual property rights), or any person or entity related to you or to any other third party, or that these Terms have been infringed in any way you can contact us by email at firstname.lastname@example.org in order to make a complaint. Please supply us with as much information as possible, and we shall respond, using our reasonable discretion with a view to ensuring that damages are limited, by editing or removing content that we reasonably consider to be offensive or infringing. If reasonably deemed necessary, the user(s) who posted the offensive or infringing content may be banned or suspended from the App to limit the possibility of any further offensive or infringing content being posted.
We take our responsibility for making accessible content and software seriously. We are committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards. We welcome suggestions on how we can improve accessibility so please contact us at email@example.com with any comments or queries.
LIMITATION OF LIABILITY
Information on the App is posted in good faith and updated regularly, but we cannot guarantee and make no warranties, whether express or implied in relation to the content of the App and/or its completeness and accuracy. We do not accept any liability to you or any third party for the content on this App. We may change, update or delete any information on the App without prior notice.
The App is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we do not make any warranties of any kind, whether express or implied, in relation to the App, or products or services offered on the App whether by us, or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Unless specified in separate terms and conditions related to a particular product or service, we do not make any warranty, representation or undertaking that the App or products or services offered on the App whether by us, or on our behalf or on Apps/Websites referred to or accessed by hypertext links or otherwise through the App will meet your requirements; or that use of the App will be uninterrupted, timely, secure or error-free; that defects will be corrected; or that the App or the server which makes it available or products or services offered on the App whether by us, or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable; or that you will be able to access or use the App at times or locations of your choosing. We will not be responsible or liable to you for any loss of content or material as a result downloading and using the App; or for any loss or damage arising from the use of (or inability to use) the App or for any information, content or material contained on the App or on other Apps/Websites referred to or accessed by hypertext links or otherwise through the App that is inaccurate, misleading or contains any errors or omissions and any reliance on same is at your own risk.
We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses, howsoever arising in any case whether or not such losses were within the contemplation of any of the parties at the date on which the event giving rise to the loss occurred.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our respective servants, agents or employees, or any liability for fraud, dishonesty or any other liability that, by law, cannot be limited or excluded, or any statutory or consumer rights you may have under law.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities incurred by us arising out of your use of the App, or use by any other person accessing the App using your mobile device or PC.
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the App (including code, screen icons, GUIs, programs, designs) shall remain at all times owned by us, or our respective licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the App is made available for your personal non-commercial use only. Any other use of the material and content of the App is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, licence, display, distribute, commercially exploit or create derivative works of such material and content.
Except for personal data, any information you submit to the App, whether by way of comment, any feedback, form or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.
We reserve all rights not expressly granted in and to the App and the content in the App.
You may cancel your account at any time by contacting us by email at firstname.lastname@example.org .
We may, in our sole and absolute discretion, terminate your account; or access to the App immediately without notice if your account is terminated (for whatever reason) or if you breach or procure a breach of any of these Terms or otherwise engage in conduct which we determine in our sole and absolute discretion to be unacceptable, have adverse impact on or be harmful to us, our brand, goodwill, reputation, business or that of our other business partners or our users.
Upon termination, all your rights and obligations under these Terms will be extinguished, except that the following sections survive any termination namely, Limitation of Liability, Indemnity and Intellectual Property.
You may send us notices under or in connection with these Terms by email to email@example.com
As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and which acknowledgement should be retained by you.
The failure of us at any time to enforce any provisions of these Terms shall in no way affect its right thereafter to do so. Any waiver by us of any breach of any term, provision or condition shall not be taken or held to be a waiver of any subsequent breach of any such term, provision or condition or to be a waiver of the term, provision or condition itself.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
The Terms will be exclusively governed by and construed in accordance with the laws of the Republic of Ireland whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue injunctive proceedings in alternative jurisdictions. The App is controlled and offered by us from Ireland. We make no representations that the App is appropriate or available for use in other countries.
Questions, comments and requests regarding these Terms are welcomed and should be addressed by email to firstname.lastname@example.org