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Night Map's Terms and Conditions
1. Introduction
1.1. These are the terms of use, including the terms and conditions of supply (Terms), for the NightMap application. For the purposes of these Terms, both the website and application shall be referred to as the "App". The App is operated by Night Map trading as NightMap (we, us and our company). We are a simple partnership, governed by art. 530 et seq. of the Swiss Code of Obligations.
1.2. Your use of the App is subject to these Terms and you agree to be bound by them. Use of your personal information submitted via this App is governed by our Privacy Policy.
1.3. We reserve the right to change these Terms from time to time by changing them on the App. Your continued use of the App a will be bound by the new Terms.
1.4. As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general Swiss law (your "non-excludable statutory rights").
1.5. By accessing, downloading, using, purchasing, or subscribing to the NightMap Service, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions, including the NightMap Privacy Policy (together, these "terms"). If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the App.
1.6. As a condition of use, you promise not to use the App for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the App. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
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2. The basics
2.1 To use the App, you must be 16 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 16 and we can rely on this representation. Additionally, to fall within the eligibility criteria, you must not have been previously suspended or removed from the App. Finally, any registration for and use of the App is in compliance with all applicable laws and regulations.
2.2 If you are using the App on behalf of an entity, organisation, or company, you represent and warrant that you have the authority to bind that organisation to these Terms and you agree to be bound by these Terms on behalf of that organisation. NightMap may, in its sole discretion, refuse to offer the App to any person or entity, and may change its eligibility criteria at any time.
2.3 The App is only directed at people who access the App. While the App helps you on choosing the best Venue for a given night and provides you with further facilitates such as Reviews and Catch, you should be careful to take a good judgement on the Venue suitability. All actions are undertaken at your own initiative and responsibility.
2.4 We grant you a limited license to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms. Subject to your complete and ongoing compliance with all the terms and conditions set forth in the Terms (including, without limitation, payment of any applicable fees and compliance with all license restrictions), NightMap grants you: (1) a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use one copy of the App downloaded directly from NightMap or from a legitimate marketplace or Distributor (such as Apple’s App Store or Google Play Store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control; and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly display, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by NightMap (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
2.5 We reserve the right to prevent you using the App, however we will honour your historic activity, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.
2.6 Your use of the App may be subject to separate third party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the "Carrier"), which are your sole responsibility.
2.7 The App is provided "as is" without warranties of any kind, and NightMap’s liability to you is limited.
2.8 By registering the account with NightMap, you consent to the collection and use of your personally identifiable information in accordance with NightMap’s Privacy Policy, including, without limitation, the collection of information regarding purchases.
2.9 There is currently no charge for the use of the App, except the case in which the users buy tickets through the platform (Platform).
2.10. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the App. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
2.11 By using the App, you agree to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
2.12 Open Source Software. The App may include open source software or third party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information below for the applicable notices and license terms.
2.13 You are solely responsible for your interaction with other users. You understand that the company currently does not conduct criminal background checks or screenings on its users. The company also does not inquire into the backgrounds of all of its users or attempt to verify the statement of its users. The company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The company reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
2.14 You understand and agree that we may, but are not obligated to, monitor or review any Content you post as part of an App. We may delete any Content, in whole or in part, that in the sole judgment of us violates this Agreement or may harm the reputation of the App or ours.
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3. Use and Access to the App
3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.
3.2 We may change the format and Content of the App from time to time unilaterally. We reserve the right to modify, change, substitute or withdraw any information on our App. You agree that your use of the App is on an 'as is' and 'as available' basis and at your sole risk.
3.3 You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.
3.4 Except to the extent expressly set out in these Terms, you are not allowed to:
store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or
remove or change any Content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.
3.5 You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
3.5.1 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach").
3. You are not allowed to:
Act unlawfully against other users:
Use the App for any illegal purpose or in violation of any local, state, national, or international law; Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; Interfere with security-related features of the App, including by: (1) disabling or circumventing features that prevent or limit use or copying of any content; or (2) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; interfere with the operation of the App or any users enjoyment of the App, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the App, including any informational announcements, charity requests, and petitions for signatures; (c) attempting to collect, personal information about another user or third party without consent; (d) taking any action (directly or indirectly) that imposes or may impose (as determined by App in its sole discretion) an unreasonable or disproportionately large load on NightMap’s or its third party providers infrastructure; or (e) interfering with or disrupting any network, equipment, or server connected to or used to provide the App, or violating any regulation, policy, or procedure of any network, equipment, or server; Perform any fraudulent activity, including impersonating any person or entity or claiming a false affiliation; Misrepresenting the source, identity or content of information transmitted via the App; Accessing any other App account without permission, or falsifying your age or date of birth; Sell or otherwise transfer the access granted under these Terms, or any right or ability to view, access, or use any part of the App; Attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section, or impersonate any person or entity by:
solicit money from any users;
"stalk" or otherwise harass any person;
express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
use the App in an illegal manner or to commit an illegal act;
access the App in a jurisdiction in which it is illegal or unauthorized;
ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the App or its Content;
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App;
interfere with or disrupt the App or the servers or networks connected to the App;
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of third party software);
"frame" or "mirror" any part of the App, without the Company's prior written authorization;
use meta tags or code or other devices containing any reference to the Company or the App (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or any software used on or for the App, or cause others to do so;
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the App other than solely in connection with your use of the App in accordance with this Agreement;
4. Registering a NightMap Account and Information Sharing:
4.1 In order to access NightMap facilities and make best use of the App, you need to register the account by providing information described in the Privacy Policy (such as name, nickname, email address or other contact information). However, we reserve the right to decline a new registration or cancel your account at any time (including if you don't provide us with a valid email address that is personal to you, or if you don't provide us with a correct name and surname).
4.2 To register an account you will need to fill out a form on the mobile app or online, once applicable. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updating your account details at any time). The personal information you give us is governed by our privacy policy.
4.3 In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not logout of your account and another person uses your device to conduct any activity on the app or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorised to act as your agent to use the App and proceed any activity. If sensitive information is revealed to unrelated parties, please undertake necessary steps and notify us of a password change or that security has been compromised.
4.4 One individual user is allowed to register only one account on the App. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent activities to generate unfair Reward Credits in the App to be applied to you (for instance, you will not redeem your own invitation code with a different account of yours).
4.5 In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. or Google Inc. (each, a "Distributor") to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. NightMap is not responsible for any act or omission of any Distributor.
4.6 In consideration of your use of our App, you agree that Your Information:
(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include. In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
4.7 Except as otherwise provided in our Privacy Policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our Privacy Policy) about you (including your email address) to any third party.
4.8 The information that you post to the App is intended for public consumption, including your live ratings, reviews, photos, check-ins, going-to, comments, likes, friends, lists, compliments, and account profile etc. According to your preferences, some features can be adjusted to Private Mode available to your friends only. In-App Messenger and Catch function shall be for private use only and not publicly displayed. If you decide to share on Facebook certain check-ins or content, then you might be entitled to a reward by the Managers of the relevant Venues, such promotions being available and notified from time to time by the relevant Managers.
4.9 Each of your check-ins using the App is saved to your "Check-in History," which allows you and your friends to look back at all the locations you have checked in since you created your App account. You can delete any or all of your check-ins from the check-in details page on our website and in the App. If for some reason you ever decide to delete your App account, your entire check-in history will be removed from our database.
4.10 Friends on NightMap can see, for example, your location (as described in more detail below), name, email, phone number, profile photo, hometown, a list of your friends, plans you write or comment on, photos you post, reviews you write, live ratings you post, check-ins, going to function, after party mode, traffic light in the check-out function and which NightMap Services you use. Also, through the ‘Catch’ function, if you swipe right to say "yes" in the Check-out function to a person, you will be able to chat with that person if they swipe right to you, i.e., when you "Catch" someone. If you chat with your Catch, she/he will see the content of your chat.
4.11 Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in comments, plans or tips or other content (location or otherwise) that you create in the App. Please read our Privacy Policy for further information.
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5. Intellectual Property Rights
5.1 All intellectual property rights (which includes rights such as copyright, and rights in trademarks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these Terms and Conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
5.2 You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
5.3 You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
5.4 In terms of our ownership and proprietary rights, this App is owned and operated by NightMap. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the App ("Materials") provided by NightMap are protected by intellectual property and other laws. All Materials contained in the App are the property of NightMap or our third-party licensors. Except as expressly authorized by NightMap, you may not make use of the Materials. NightMap reserves all rights to the Materials not granted expressly in these Terms.
6. Review Forums
6.1 The App may, from time to time, make message boards, newsgroups and/or other public forums (collectively Review Forums) available to you so that you can feedback on Events offered on the App and read the feedback submitted by other users of the App. We do not control the material submitted to Review Forums (collectively Postings), nor are Review Forums moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any Review Forum, you must:
keep all Postings relevant to the purpose of the Review Forum and the nature of any topic;
not submit any Posting that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any person;
not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
not submit any Posting containing any form of advertising; and
not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Whilst we do not screen or monitor Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any Posting must be sent to nightmapgeneva@gmail.com and must contain details of the specific Posting giving rise to the complaint
7. External Links
7.1 The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
8. Your Personal Information
8.1 Use of your personal information submitted via the App is governed by our Privacy Policy.
9. Our Service Standards
9.1 We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions. In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.
9.2 Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
9.3 Users can buy certain tickets through the Platform. Users accept to pay the relevant cost as indicated by the Platform with respect to the purchase of the relevant ticket.
9.4 NightMap is not responsible if the Venue does not admit the ticket holder to the Venue because of reasons not depending on NightMap. It is under the buyer’s responsibility to comply with the terms of entrance and rules of the relevant Venues (e.g. dress code, entry time etc.) and NightMap we can not guarantee nor be held liable if the ticket holder is not admitted because of non-compliance with the Venue’s standard rules.
10. Liability
10.1 In no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer. Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the App is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.2 Other than as expressly described in these Terms, A&A.make Ltd does not warrant and excludes all liability in respect of, or to provide, including in respect of the quality, safety, usability or any other aspect of the Events in respect of which a Ticket is or may be redeemed. We do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy).
10.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
10.4 Where pictures, reviews, statistics, ratings and descriptions are displayed they are intended to be purely representative of the Venue. Your actual experience may vary.
10.5 We are not responsible for the conduct of any user. In no event shall the App, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the App, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the App. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another user. You understand that We make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the App. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
10.6 You agree that NightMap shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or any material or data sent or received or not sent or received through the Platform. You agree that NightMap is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
NightMap (or its affiliates, licensors and suppliers), as a mere web based platform, under no circumstances or in any event will be held liable concerning any subject matter related to the Platform, regardless of the form of any claim or action, tort, whether in contract, negligence, strict liability or otherwise, for any (a) matter beyond its reasonable control, including, but not limited to, any loss, damages, death or personal injury to the attendants of the Event taking place at the Venues. The Managers shall be solely responsible for managing the relevant Venues, the relevant Events and shall ensure compliance with the applicable safety standards. Such terms shall be applicable also in case NightMap shall organize events at the said Venues, in agreement with the relevant Managers (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill.
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5. Intellectual Property Rights
5.1 All intellectual property rights (which includes rights such as copyright, and rights in trademarks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these Terms and Conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
5.2 You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
5.3 You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
5.4 In terms of our ownership and proprietary rights, this App is owned and operated by NightMap. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the App ("Materials") provided by NightMap are protected by intellectual property and other laws. All Materials contained in the App are the property of NightMap or our third-party licensors. Except as expressly authorized by NightMap, you may not make use of the Materials. NightMap reserves all rights to the Materials not granted expressly in these Terms.
6. Review Forums
6.1 The App may, from time to time, make message boards, newsgroups and/or other public forums (collectively Review Forums) available to you so that you can feedback on Events offered on the App and read the feedback submitted by other users of the App. We do not control the material submitted to Review Forums (collectively Postings), nor are Review Forums moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any Review Forum, you must:
keep all Postings relevant to the purpose of the Review Forum and the nature of any topic;
not submit any Posting that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any person;
not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
not submit any Posting containing any form of advertising; and
not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Whilst we do not screen or monitor Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any Posting must be sent to nightmapgeneva@gmail.com and must contain details of the specific Posting giving rise to the complaint
7. External Links
7.1 The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
8. Your Personal Information
8.1 Use of your personal information submitted via the App is governed by our Privacy Policy.
9. Our Service Standards
9.1 We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions. In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.
9.2 Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
9.3 Users can buy certain tickets through the Platform. Users accept to pay the relevant cost as indicated by the Platform with respect to the purchase of the relevant ticket.
9.4 NightMap is not responsible if the Venue does not admit the ticket holder to the Venue because of reasons not depending on NightMap. It is under the buyer’s responsibility to comply with the terms of entrance and rules of the relevant Venues (e.g. dress code, entry time etc.) and NightMap we can not guarantee nor be held liable if the ticket holder is not admitted because of non-compliance with the Venue’s standard rules.
10. Liability
10.1 In no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer. Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the App is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.2 Other than as expressly described in these Terms, A&A.make Ltd does not warrant and excludes all liability in respect of, or to provide, including in respect of the quality, safety, usability or any other aspect of the Events in respect of which a Ticket is or may be redeemed. We do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy).
10.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
10.4 Where pictures, reviews, statistics, ratings and descriptions are displayed they are intended to be purely representative of the Venue. Your actual experience may vary.
10.5 We are not responsible for the conduct of any user. In no event shall the App, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the App, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the App. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another user. You understand that We make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the App. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
10.6 You agree that NightMap shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or any material or data sent or received or not sent or received through the Platform. You agree that NightMap is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.
NightMap (or its affiliates, licensors and suppliers), as a mere web based platform, under no circumstances or in any event will be held liable concerning any subject matter related to the Platform, regardless of the form of any claim or action, tort, whether in contract, negligence, strict liability or otherwise, for any (a) matter beyond its reasonable control, including, but not limited to, any loss, damages, death or personal injury to the attendants of the Event taking place at the Venues. The Managers shall be solely responsible for managing the relevant Venues, the relevant Events and shall ensure compliance with the applicable safety standards. Such terms shall be applicable also in case NightMap shall organize events at the said Venues, in agreement with the relevant Managers (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill.
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11. Suspension and termination
11.1 We may suspend or terminate all or part of your use of the App and your account if you use (or permit anyone other than you to use) the App or your account in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
11.2 Termination shall not prejudice any other right or remedy you or We may have in respect of accrued rights (including rights in respect of any breach) or liabilities, which arose prior to termination.
11.3 In addition, NightMap may in its sole discretion terminate your account on the App or suspend or terminate your access to the App at any time, with or without notice. We also reserve the right to modify, update, or discontinue the App at any time (including by limiting or discontinuing certain features of the App) without notice to you. Should NightMap update the App, you consent to automatic updating on your device through the App, and agree that the terms and conditions of this Agreement will apply to all such updates. NightMap will have no liability whatsoever on account of any change to the App or any suspension or termination of your access to or use of the App. You may terminate your account at any time by contacting customer service at nightmapgeneva@gmail.com or deleting your account on the App.
12. General
12.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
12.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
12.3 If we fail to enforce any of our rights, it does not result in a waiver of that right.
12.4 If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
12.5 These Terms may not be varied except with our express written consent.
12.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.
12.7 All provisions of these Terms apply equally to and are for the benefit of A&A.make Ltd, its group members (which means, in relation to A&A.make Ltd, any "group undertaking" as defined in section 1161 of the Companies Act) and the Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of the group members and the Merchants). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
13. Dispute Resolution
13.1 In the first instance we request that you contact us (nightmapgeneva@gmail.com) if you have a complaint against us and we shall try to resolve it.
13.2 This Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.3 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
14. Indemnity
14.1 You agree that you will be responsible for your use of the App, and you agree to defend and indemnify NightMap and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "NightMap Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the App; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
15. Additional Terms relating to Apple
If you download, access and/or use the App on Apple’s iOS operating system:
15.1 The App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service.
15.2 You acknowledge and agree that:
a) Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us (nightmapgeneva@gmail.com) not Apple, using the details in these Terms;
b) Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
c) In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
d) Although these Terms are entered into between you and us (and not Apple), Apple, as a third-party beneficiary under these Terms, will have the right to enforce these Terms against you.
15.3 You represent and warrant that:
a) You are not, and will not be, located in any country that is the subject of UN and EU sanctions, embargoes or that has been designated by the UN or EU as a "terrorist supporting" country; and
b) You are not listed on any UN and EU list of prohibited or restricted parties.
15.4 If the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.
16. Parties at Venues
16.1 Through our App we provide you with the ability to locate the party in the city of your choice that is happening at the venue included in our app (either existing in our database or added manually by the users). Please acknowledge that we do not supervise these parties and are not involved in any way with the actions of any individuals at these parties. As a result, we have no control over the identity or actions of the individuals who are present at a NightMap Party, and we request that our users exercise caution and good judgment when attending any NightMap Party.
16.2 Because we do not supervise or control the parties or interactions among or between members of NightMap users and other persons or companies, and because we are not involved in any way with physical transportation to or from parties or with the actions of any individuals at parties, and because we do not control any third party providers such as Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of App users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the App you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the App, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a party.
17. Warranties
17.1 No information, whether oral or written, obtained by you from the App or any materials or content available through the App will create any warranty regarding any of the NightMap entities or the App that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the App, your dealing with any other service user, and any materials or content available through the App. You understand and agree that you use the service, access, download, or otherwise obtain materials or content through the App and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the App), or the loss of data that results from the use of the App or the download or use of that material or content.
17.2 Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction. In no event will the NightMap entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the App or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any NightMap entity has been informed of the possibility of damage.
18. Trademarks; Copyrights; Proprietary Rights
18.1 NightMap trademarks and service marks, and other NightMap logos, products and service names, are trademarks of A&A.make Ltd. (the "A&A.make Trademark"). Except as otherwise permitted by law, you agree not to display or use in any manner the A&A.make Ltd Trademarks without A&A.make Ltd's prior written consent.
18.2 NightMap respects the intellectual property of others, and we ask our users to do the same. To the extent NightMap uses a trademark that is the property of a third party, NightMap shall provide clear notice to anyone viewing NightMap’s use of that trademark that (a) NightMap does not own the trademark and that the trademark is the property of a third party, (b) NightMap has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored NightMap’s use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our App to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us on the following email nightmapgeneva@gmail.com with the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
19. Language
19.1 Where NightMap has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with NightMap.
19.2 If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
20. Contact Us
Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to nightmapgeneva@gmail.com
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