Hypn Vault Terms and Conditions
These Terms govern.
the use of this Web Site and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
Nothing in these Terms gives rise to a relationship of employment, agency, or association between the parties involved.
This Web Site is a service of:
Hypn Records - Limited Liability Company Via Enrico Fermi, 10
Bellaria-Igea Marina (RN)
47814
P. VAT: 04539620403
Reg. Imp. Rimini REA: RN-420165
Holder's email address: [email protected] "This Web Site" refers to
this site, including its subdomains and any other sites through which the Owner offers the Service; applications for mobile devices, tablets or the like;
application program interfaces (APIs);
the Service;
any software included as a component of the Service, as well as any applications, template files, content files, scripts, source code, instruction sets, and related documentation;
Need to know at a glance
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
How this Web Site Works CONDITIONS OF USE.
Unless otherwise specified, the terms of use of this Web Site set forth in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated in this document.
By using this Web Site you represent that you meet the following requirements:
There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
Registration
To use the Service, the User can open an account by indicating all the required data and information in
fully and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.
It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Web Site.
By creating an account, the User agrees that he/she is fully responsible for any activity carried out with his/her login credentials.
Users are required to notify the Controller immediately and unambiguously via the contact details set out in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.
Account closure
You are free to close your account and cease using the Service at any time by following this procedure:
Using the account closure tools available on this Web Site.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.
Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.
Content on this Web Site
Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.
Rights to the contents of this Web Site
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not allowed to use the content in any way that is not necessary for or implied by the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.
The limitations and exclusions provided by copyright law remain unaffected.
Content provided by Users
The Owner allows Users to upload, share or offer their own content on this Web Site.
When providing content to this Web Site, the User declares that he/she is legally authorized to do so and confirms that said content does not violate any legal regulations and/or third party rights.
Rights to content provided by Users
You acknowledge and agree that by providing content of your own to this Web Site you grant to the Owner free of charge the non-exclusive right to process the content with purposes of operation and maintenance of this Web Site, as contractually provided.
To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Web Site.
Users acknowledge and agree that content offered by them through this Web Site will be made available on the same terms and conditions applicable to content on this Web Site.
The User is solely responsible for content uploaded, posted, shared or otherwise provided to this Web Site.
The User acknowledges and agrees that the Owner filters or moderates such content in advance.
Therefore, the Owner reserves the right to reject, censor, remove, delete, block, or rectify such content at its own discretion and to deny access to this Web Site without notice to the User who uploaded it if it believes that the content violates applicable provisions of law or the rights of third parties or otherwise poses a risk to Users, third parties, the Owner itself, or the availability of the Service.
The removal, deletion, blocking, or rectification of content does not justify any claims for compensation, reimbursement, or indemnification on the part of the Users who provided such content.
Users agree to hold the Owner harmless from and against any claims made and/or damages suffered as a result of content provided by them to or offered through this Web Site.
Access to external resources
Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.
Permitted use
This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.
It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation, or the rights of any third party.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censorious activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever there is a suspicion that the User is committing violations of the law, regulations, third party rights and/or the Terms, in particular, but without exclusions, by carrying out any of the following activities:
Rules of conduct
pretend to meet any requirement to access this Web Site or use the Service, such as being of legal age or qualifying as a Consumer;
conceal your identity, use someone else's identity, or pretend to act on behalf of a third party, unless authorized by that third party;
Alter identifiers to conceal or disguise the origin of one's messages or published content;
defame, threaten, abuse, use intimidating practices, threaten or violate the rights of third parties in any other way;
promoting activities that may endanger one's own or any other User's life or cause physical harm. Included in this category, but without exclusion, are the threat of or incitement to suicide, glorification of intentional physical trauma, use of illegal drugs, and alcohol abuse. The posting of content that promotes, glorifies, or illustrates self-destructive or violent attitudes on this Web Site is not tolerated under any circumstances;
challenge, analyze, or test the vulnerability of this Web Site, the services and networks connected to this Web Site; breach the security or authentication procedures on this Web Site, the services and networks connected to this Web Site;
install, embed, upload, or otherwise embed malware in or through this Web Site;
use this Web Site or its technological infrastructure in an abusive, excessive, or otherwise inappropriate manner (for example: for spamming purposes);
attempt to disrupt or tamper with the technological infrastructure in a manner that causes undue damage or burden to this Web Site or the Service;
offer through this Web Site Products the sale of which is prohibited by law or which are not currently available (e.g., due to out of stock);
manipulate the price of Products offered or omit delivery of Products purchased;
Urge other Users to complete a transaction initiated on this Web Site outside of this Web Site to avoid payment of any fees;
Scraping
Implement automated processes to extract, collect or capture information, data and/or content from this Web Site and all related digital extensions, unless expressly authorized by the Owner;
Content rules
disseminate or publish content that is unlawful, obscene, illegitimate, defamatory, or inappropriate;
publish content that directly or indirectly promotes hatred, racism, discrimination, pornography, or violence;
disseminate or publish content that is false or likely to cause unjustified alarm;
use this Web Site to publish, disseminate, or otherwise offer content that is protected by intellectual property law, including, but not excluding, patents, trademarks, and copyrights, without the permission of the rights holder
use this Web Site to publish, disseminate, or otherwise offer content that violates the rights of third parties, including, but without exclusion, military, trade, professional, or state secrets and personal data; publish content or engage in activities that disrupt, interrupt, damage, or otherwise violate the integrity of this Web Site or other Users' devices. Such activities include: spamming, unlawful dissemination of advertising, phishing, defrauding others, spreading malware or viruses etc;
Post or otherwise disseminate false, incorrect, misleading, defamatory, or offensive content in connection with Products offered on this Web Site;
API Terms of Use
Users can access their data related to this Web Site through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Web Site, is subject to the Terms and in addition to the following specific conditions:
the User expressly acknowledges and agrees that the Owner is not liable for any damages or losses resulting from the User's use of the API or third party products or services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Web Site as part of the service are chargeable.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.
Product Description.
Prices, descriptions, and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.
Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase process.
Purchasing procedure
Each step, from choosing the product to placing the order, is part of the purchasing procedure. The purchasing procedure includes the following steps:
Users are requested to choose the desired Product, to have it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.
Users can control their choice, edit, add or remove items.
Users will be asked to specify their billing address, contact information, and a means of payment of their choice.
In cases where the purchase involves delivery of a Product, it may be necessary for Users to provide a shipping address.
During the purchase process, Users may, at any time, change, correct or replace the information provided or cancel the purchase process altogether without any consequences.
After providing all the required information, Users are asked to check the order carefully and can then proceed to checkout.
To place an order, Users are required to accept these Terms and use the respective button or mechanism on this Web Site, thereby, committing to pay the agreed price.
Order submission
Sending the order entails the following:
The submission of the order by the User determines the conclusion of the contract and gives rise to the obligation on the part of the User to pay price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the submission of the order also constitutes an obligation on the part of the User to cooperate accordingly.
Once the order has been submitted, Users will be sent a confirmation of receipt of the order.
All notifications regarding the purchase process described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.
Prices on this Web Site:
include all applicable fees, taxes and charges.
Promotions and discounts
The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Web Site.
Promotions and offers are always granted at the sole discretion of the Holder.
Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.
As applicable, discounts and promotions are valid for a specific time period or while supplies last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder's location as indicated in the contact information in this document.
Coupons
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate fora, including the courts, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, regardless of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of Vouchers:
Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase - partial use is not permitted;
Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;
Vouchers cannot be combined;
The Voucher must be used within the specified validity period. Once the term has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including to a refund of the value of the Voucher, remains excluded;
The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.
Means of payment
Details of accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.
All payments are handled independently by third-party services. Therefore, this Web Site does not collect payment-related data-such as credit card numbers-but receives a notification once the payment is successful.
In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Installment payment
The purchase price may be paid in two or more installments, on the terms specified on this Web Site or otherwise communicated by the Holder.
Certain Products may be excluded from this method of payment.
In the event that the User defaults on only one of the installments of the payment, the entire amount due shall be immediately due and payable.
Authorization for future payments via PayPal
In the event that the User authorizes the PayPal feature that enables future purchases, this Web Site will store an identification code linked to the User's PayPal account. This will allow this Web Site to automatically process payments for future purchases or periodic installment payments for a past purchase.
Authorization can be revoked at any time by contacting the Holder or by changing your personal PayPal settings.
Reservation of property
Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.
Reservation of rights of use
Until the Holder receives payment of the full purchase price, the User does not acquire the rights to use the Products ordered.
Delivery
Delivery of digital content
Unless otherwise specified, digital content purchased on this Web Site is delivered via download to the device(s) you choose.
Users acknowledge and agree that in order to download and/or use the Product, it is possible that the device(s) chosen may have to meet the technical requirements stated on this Web Site.
Users acknowledge and agree that the ability to download purchased Product may be limited in time and space.
Provision of services
The purchased service will be performed or made available at the times indicated on this Web Site or in the manner communicated prior to placing the order.
Duration of the contract
Subscriptions
Through subscription, the User receives a Product on an ongoing or periodic basis. Details regarding the type of subscription and termination are described below.
Open-ended subscriptions
Paid subscriptions begin on the day the Holder receives payment.
To keep the subscription active, the User is required to pay the required periodic fee promptly. Failure to do so may result in discontinuation of the service.
Accrual
If the Purchase Price is paid in multiple installments, the subscription shall run from the day the Holder receives the first payment and shall remain active throughout the subscription period, provided that all other installments are received timely.
Failure to meet payment deadlines could result in inacessibility of the Product.
Termination of indefinite subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unequivocal notice of termination to the Holder, using the contact information in this document or-if applicable-by following the instructions on this Web Site.
The termination will take effect 7 days after receipt of the termination by the Holder.
User Rights
Right of withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.
There is no right of withdrawal on this Web Site
Users acknowledge and accept that there is no right of withdrawal from contracts concluded on this Web Site by virtue of the particular characteristics of the offer.
Limitation of liability and indemnity
Manleva
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, and employees from any claim or demand-including, without limitation, legal fees and expenses- made by any third party due to or in connection with conduct
culpable such as use of or connection to the Service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, brand co-owners, partners and employees, to the extent permitted by law.
Limitation of liability for User's activities on this Web Site
Except where otherwise specified and subject to applicable statutory provisions on product liability, all claims for damages against the Owner (or any person or entity acting on its behalf) are excluded.
The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User's use of this Web Site has been fit and proper.
Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, to the extent stated above, the Holder assumes no responsibility for:
any loss of earnings or other losses, including indirect losses, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, profit or budgeted savings, loss of contractual or business relationships, loss of goodwill or damage to reputation, etc.);
Damages or losses resulting from interruptions or malfunctions of this Web Site due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Owner, such as, but not limited to, failures or interruptions of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the supply of third party products, services or applications;
Any losses that are not a direct result of a breach of the Terms by the Owner;
Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers:
In the event of the Holder's liability, the compensation due may not exceed the total amount of payments that have been, will be, or may be contractually due to the Holder from the User for a period of 12 months or for the entire term of the Agreement, whichever is shorter.
Australian users
Limitation of liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that You may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Holder's option, to a re-supply of the Services or payment of the cost of re-supplying them.
US users Warranty Disclaimer
The Owner provides this Web Site "as is" and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Notwithstanding the above, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees do not guarantee that the content is
accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or your use of the Service.
The Owner does not guarantee, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be held liable for
any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or User account or the information contained therein;
any error, deficiency or inaccuracy in any content;
personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;
any unauthorized access to the Owner's security servers and/or any personal information stored therein
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or any third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
Manleva
User agrees to defend, indemnify and hold harmless Holder and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against
any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you;
your violation of these Terms, including, without limitation, any breach by you of any representation or warranty set forth in these Terms;
User's violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
User's violation of any applicable law, rule or regulation
any content posted by User's account, including but not limited to misleading, false or inaccurate information and including when accessed by a third party with User's personal username and password or other security measures, if any;
the willful misconduct of the User; or
the violation of any legal provision by the User or its affiliates, officers, agents, brand co-owners, partners, suppliers and employees, to the extent permitted by applicable law
Common provisions No implied waiver
The Holder's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other claim.
Interruption of Service
To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.
In addition, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g., strikes, infrastructure malfunctions, power outages etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Web Site.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.
All trademarks - denominative or figurative - and any other distinctive signs, firms, service marks, illustrations, images or logos that appear in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes in Terms
The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users.
Changes will only affect the relationship with the User in the future.
Continued use of the Service implies User's acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.
The previous applicable version continues to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions regarding modification of these Terms apply.
You are not authorized to assign or transfer your rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.
Safeguard clause
If any of the provisions of these Terms should be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.
US users
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Holder with respect to the subject matter regulated and shall prevail over all other communications, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.
European users
Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to identify amicably a valid and effective substitute provision for the void, invalid, or ineffective provision.
In the event of failure to agree within the foregoing time limits, if permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be superseded by the applicable statutory provision.
Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection shall prevail.
Jurisdiction
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms
lies with the court of the place where the Holder is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Definitions and legal references This Web Site (or this Application).
The facility that enables the provision of the Service. Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of a Consumer.
Good
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or legally based in the European Union, regardless of nationality.
Owner (or We)
Denotes the natural or legal person who provides this Web Site and/or offers the Service to Users.
Product
A good or service that can be purchased through this Web Site, such as a tangible good, digital files, software, reservation services etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Web Site as described in the Terms and on this Web Site.
Terms
All terms and conditions applicable to the use of this Web Site and/or the provision of the Service as described herein as well as in any other document or agreement related thereto, in its most current version, respectively.
User (or You)
Denotes any natural person using this Web Site.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.
Last modified: March 30, 2023
