Service TermsLast modification: 1st June 2020
By accessing the website athttps://festdays.dev, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use Licence
- Permission is granted to temporarily download one copy of the materials (information or software) on FestDays' website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on FestDays' website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This licence shall automatically terminate if you violate any of these restrictions and may be terminated by FestDays at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on FestDays' website are provided on an 'as is' basis. FestDays makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, FestDays does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall FestDays or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on FestDays' website, even if FestDays or a FestDays authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on FestDays' website could include technical, typographical, or photographic errors. FestDays does not warrant that any of the materials on its website are accurate, complete or current. FestDays may make changes to the materials contained on its website at any time without notice. However FestDays does not make any commitment to update the materials.
FestDays has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FestDays of the site. Use of any such linked website is at the user's own risk.
FestDays may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Tallinn and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
The following terms and conditions govern all use of the FestDays website and all content, services, and products available at or through the website (our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by FestDays (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by FestDays, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires a FestDays account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
1. The Service
The “Service” includes a) the site b) the on demand application related to your account c) your account specific support portal and chat widget d) FestDays API to integrate with third party applications d) related content for the plan purchased, including all software data, sounds, images, PDFs, videos, and any other content made available to the end by FestDays. Any new features added to or augmenting the Service are also subject to the Terms and conditions (hereinafter also referred to as: “the Terms”).
2. Acceptance of Terms
2.1 FestDays provides its service to you through its website, https://festdays.dev, and individual FestDays accounts created for you, the customer, as outlined above.
2.2 By accepting these Terms or accessing FestDays provided URLs, you acknowledge that you have read, understood and agreed to be bound by the following terms, and that representations made by you on FestDays are accurate, complete and within your rights to make. If you are entering into these Terms on behalf of an employer or third party, you represent that you have authority to bind that entity to these Terms. If you do not have such authority or do not agree to the Terms, you are not allowed to use the FestDays service.
2.3 You acknowledge that these Terms constitute an agreement between FestDays and yourself and that your electronic signup acts as a legally binding agreement.
3.1 FestDays reserves the right to terminate or modify the service at any time, without prior notification.
3.2 The Service is provided on an “as is” and “as available” basis without any warranty or condition, either express, implied or statutory.
3.3 FestDays makes no claims that the service will be uninterrupted or error-free and customers use the application at their own risk. However, if the application will be unavailable due to planned maintenance we will endeavour to notify all users at least 7 days in advance.
3.4 You agree, as a customer, not to license, resell, lease, transfer or distribute the service to any third party.
Your FestDays Account
If you create an account on FestDays, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify FestDays of any unauthorized uses of your account, or any other breaches of security. FestDays will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Accounts
You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using FestDays, you represent and warrant that your Content and conduct do not violate these terms. Without limiting any of those representations or warranties, FestDays has the right (though not the obligation) to, in FestDays sole discretion, (i) reclaim your account due to prolonged inactivity, (ii) refuse or remove any content that, in FestDays reasonable opinion, violates any policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of FestDays to any individual or entity for any reason. FestDays will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
You agree to pay FestDays the monthly subscription fees indicated for that service. Payments will be charged on a post-pay basis each month ending and will cover the use of that service for the previous month subscription period as indicated.
FestDays pricing depends on how many messages are sent and received by all your accounts each month. You can see more details on our pricing page.
Unless you notify FestDays before the end of the applicable subscription period that you want to cancel your account, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your account can be canceled at any time in the 'My account' section.
Responsibility of Visitors
FestDays has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, FestDays does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. FestDays disclaims any responsibility for any harm resulting from the use by users and visitors of our Services, or from any downloading by those visitors of content.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by this Terms (including the binding individual arbitration clause).
FestDays may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FestDays account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided "as is" FestDays and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FestDays nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you use our Services at your own discretion and risk.
Limitation of Liability
In no event will FestDays, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FestDays under this agreement during the twelve (12) month period prior to the cause of action. FestDays shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless FestDays, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.