Definitions

 

App: Mobile application                                               

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Content: The App and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and program code, source code, or software that reside or are viewable or otherwise discoverable in the App and all trademarks, and database rights related to the App, and all tickets obtained from the App.

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Event Creator: private person or organization who provide or offer events, such as artists, venues, teams, fan clubs, promoters or any individuals, in the App.

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flockx: flockx UG (haftungsbeschränkt)         

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Forums: fan reviews, message boards, blog feeds, social media feeds and other forums found in the App or on our website.

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T&C: Terms and Conditions

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User Content: suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the App.

 

Introduction

Welcome Flockers! The following are the terms and conditions ("T&C") that govern your use of our mobile application (“App“), and your participation at any event shown by the App and your purchase, possession, or use of any tickets, products, or services in the App.

flockx UG (haftungsbeschränkt) (“flockx”) is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The App stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.

 

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

• Google Play Services

• AdMob

• Google Analytics for Firebase

• Firebase Crashlytics

• Facebook

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

Along the same lines, flockx cannot always take responsibility for the way you use the App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, flockx cannot accept responsibility.

 

With respect to flockx’s responsibility for your use of the App, when you’re using the App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. flockx accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the App. The App is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. flockx does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the App when offered to you, we may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

 

Our Purchase Policy is also incorporated into these T&C. By downloading or using the App, you expressly agree to these T&C and to our Privacy Policy, as updated from time to time.

Please note that while some of the events listed in the App may appeal to children, the App is not targeted at anyone under the age of 18, and they are not permitted to use the App. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the App, you affirm you are at least 18 years old.

Please note that as soon as you enter or start participating at an event, the Event Creator’s rules are immediately apply to you.

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These terms and conditions are effective as of 2021-02-15

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NOTICE REGARDING FUTURE CHANGES TO T&C:

We may make changes to these T&C at any time. Any changes we make will be effective immediately when we post a revised version of these T&C in the App and on our website https://en.flockx.de/. By continuing to use this App after that date, you agree to the changes.

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COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against flockx and the Event Creator (as defined in our Purchase Policy)—and against any companies affiliated with flockx or the Event Creator—relating to such risks, hazards, and dangers.

 

1. Sign up (Account Registration)

You will be required to sign up to use our App, participating at events or purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse sign up, cancel an account or deny access to the App for any reason at any time.

2. Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

• Restrict or inhibit any other person from using the App;

• Use the app for any unlawful purpose;

• Express or imply that any statements you make are endorsed by us, without our prior written consent;

• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;

• Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;

• Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;

• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

• Engage in spamming or flooding;

• Harvest or collect information about app users;

• Behave in a way in any event that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable;

• Create or attempt to create any event, which you do not have the corresponding rights for;

• Create or attempt to create any event without our written permission

• Create or attempt to create any event that could be considered harmful, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable;

• Add tickets to any event, which you do not have the corresponding rights for or where the ticket availability is not doubtless;

• Purchase, or attempt to purchase, a number of tickets for an event that exceeds the stated limit for that event;

• Use any password or code to participate in a presale or other offer in the App if you did not receive the password or code from us, or if you violate the T&C

3. Ownership of Content and Grant of Conditional License

The App and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and program code, source code, or software that reside or are viewable or otherwise discoverable in the App and all trademarks, and database rights related to the App, and all tickets obtained from the App, (collectively, the "Content") are owned by flockx UG (haftungsbeschränkt) or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the App and Content. We may change the Content and features of the App at any time.

We grant you a limited, conditional, non-exclusive, non-transferable, non-sub-licensable license to view this App and its Content as permitted by these T&C if, as a condition precedent, you agree that you will not:

• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;

• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the App, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;

• Remove any copyright, trademark or other proprietary rights notices contained in the App;

• Use any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the App, including with respect to any CAPTCHA displayed in the App. Operators of public search engines may use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;

• Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards or any other items available in the App, including sending information from your computer to another computer where such software or system is active;

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

• Request more than 1,000 screens of the App in any 24-hour period, whether alone or with a group of individuals;

• Reproduce, modify, display, publicly perform, distribute or create derivative works of the App or the Content;

• Reproduce, screenshot or scan tickets in a format or medium different from that provided by the App;

• Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or QR-codes or barcodes used on or in production of tickets or the App;

• Use the App or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the App and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose;

• Use ticket bot technology to search for, reserve, or purchase tickets through the App; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software in the App, and prohibits you from circumventing any security measure, access control system, or other technological control or measure in the App that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the App or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the App and Content, and infringes our copyrights, trademarks, patents and other rights in the App and Content. You will not acquire any ownership rights by using the App or the Content.

The registered and unregistered trademarks, logos, and service marks displayed in the App are owned by us or our licensors. You are not allowed to use our trademarks, logos, and service marks in any way without our prior written permission.

4. Making Purchases

Please review our Purchase Policy, which (in addition to these T&C) will govern your purchase of any tickets or other products through the App, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, credit, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, vouchers or other payment methods (including but not limited to Google Pay, Apple Pay and Paypal) that belong to you or to people who expressly authorize you to use such payment methods.

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions in the App.

You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If we are unable to verify or authenticate any information or tickets you provide during any signup, registration, ordering, purchase, ticket posting, ticket adding, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information or other payment method, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts via other payment methods. We may also prohibit you from using the App.

You will not use ticket bot technology to search for, reserve, or purchase tickets through the App; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software in the App, and prohibits you from circumventing any security measure, access control system, or other technological control or measure in the App that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

5. Creating events

You may receive the permission from us to create events and sell tickets in the App. By creating an event or adding a ticket to the event, you certify that the event exists and the tickets you offer in the event in the App are available. You also certify that you have all the necessary rights to sell the tickets for the events you create in the App. You acknowledge that creating events in the App which do not, may not or might not take place in the reality OR offering tickets, which are not, may not be or might not be available, is violating our T&C and moreover it is an unlawful act with legal consequences to the person or organization which committed any of those. You also acknowledge to bear all public or legal consequences, if you commit any of the aforementioned acts.  

When selling tickets, the maximum number of tickets is typically limited per ticket type or event to 20 - 100 pieces. This maximum number however is subject to change.

In case the event does not take place, you as Event Creator confirm to directly refund an amount, which you or your organization deems reasonable to the users purchased tickets for that particular event in the App.

6. Forums and User Content

We may host fan reviews, message boards, blog feeds, social media feeds and other forums found in the App or on our website (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the App ("User Content").

By submitting User Content, you certify that you are at least 18 years old.

You own all rights to your User Content. If you submit User Content to the App, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these T&C. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.

Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the App and these T&C or, if the person is a minor, the written permission of the minor's parent or legal guardian.

We will have the right (but not the obligation) to monitor the App, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the App properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these T&C, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

7. Links

The App may contain links to other apps or websites that may not be owned or operated by us. The fact that we may link to those apps and websites does not indicate any approval or endorsement of those apps or websites. We have no control over those apps or websites. We are not responsible for the content of those apps or websites, or the privacy practices of those apps or websites. We strongly encourage you to become familiar with the terms of use and practices of any linked app or website. Your use of other apps or websites is at your own risk, and is subject to the terms of those apps or websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the App or other sites or apps) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

8. Mobile Messaging

We offer browsing and mobile messaging services which may include alerts, Promotions, and offers for products. You may choose to receive mobile alerts by signing up or participating in a Promotion. If you do, you authorize us to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase something from us.

Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. Information may also be shared with other service providers to further support identity verification and fraud prevention.

We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.

9. Violation of these T&C

We may investigate any violation of these T&C, including unauthorized use of the App. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of these T&C. If we determine that you have violated these T&C or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the App at any time without notice to you. If that happens, you may no longer use the App or any Content. You will still be bound by your obligations under these T&C. You agree that we will not be liable to you or any third party for termination of your access to the App or to your account or any related information, and we will not be required to make the App or your account or any related information available to you. We may also cancel any ticket or merchandise order, purchase, and tickets or merchandise acquired through your purchase. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket purchase associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.

You agree that your abusive use of the App may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the App are difficult to determine, and that if you, or others acting with you, request more than 1,000 Screens of the App or make more than 800 purchase requests in the App in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

10. Disclaimer of Warranties

WE PROVIDE THE APP AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." WE TRY TO KEEP THE APP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE APP WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

11. Limitation of Liability

IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE APP, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE APP TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP. You voluntarily assume all risks and danger incidental to all events which you offer, organize or participate at, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor.

THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE T&C OR THE USE OF THE APP WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES OR COUNTRIES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

12. Indemnification

If anyone brings a claim against us related to your use of the App, the Content, your User Content or your violation of these T&C, you agree to indemnify, defend and hold us, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

13. Severability

It is our belief that these T&C do not contain any provision contrary to law. However, if any part of these T&C is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these T&C, and (b) the remaining parts shall be deemed valid and enforceable.

 

 

Purchase Policy

Our goal is to make your purchasing experience simple and efficient, so we can get you on your way to live events as quickly as possible. The following policy is designed to ensure your satisfaction and understanding of the purchase process in our app. This Purchase Policy applies to any purchases in our app. Please also review our Terms and Conditions (“T&C”), which govern your use of our app, and your purchase, possession, or use of any tickets, products, or services in or by our App. If you have any questions, please contact us.

1. Currency

All ticket prices for events that occur are either in U.S. Dollars or in the local currency of the related country.

2. Payment Methods

We accept several methods of payment to accommodate your needs, including (but not limited to) Visa and MasterCard.

3. Who You Are Buying From

We act as the agent to those (incl. private persons or organizations) who provide events, such as artists, venues, teams, fan clubs, promoters (the “Event Creator”) in the App. We generally sell tickets on behalf of the Event Creator, though, in some rare instances, we may own a small number of tickets as part of our services contract with the Event Creator.

4. Pricing and Availability

We sell tickets on behalf of Event Creators, which means we do not set the ticket prices or determine seating locations. Event Creators typically set the face price of their tickets. Occasionally, additional tickets may be available prior to the event. However, the ticket availability is controlled by the Event Creator and not by flockx.

5. Payment Confirmation and Participation

Your payment is confirmed when the app shows you the Payment Confirmation, in the form of a popup with the text containing: “"Congratulations, your payment was successful…”.

If the Payment Confirmation is not shown in the app in the form of a popup after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account whether or not your purchase has been successful. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that a purchase was successful because you failed to receive confirmation.

6. Service Fees, Purchase Processing Fees and Taxes

Tickets purchased in our app are typically subject to, among other possible fees, a per ticket service fee and a per purchase processing fee. We collect tax as required by country, state and local laws. Please note that the purchase processing fee, may not reflect the actual cost to process your purchase, and in most cases, these fees may include a profit to flockx.

7. Number of Tickets

When purchasing tickets in the App, you are limited to a specified number of tickets for each event. The number of available tickets is shown during the purchase process and verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Each account must be linked to a unique individual, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits, we reserve the right to cancel, without notice, any or all orders/purchases and tickets, in addition to prohibiting your ticket purchasing abilities. Any tickets canceled due to violating the posted ticket limit may be refunded at face value (excluding fees). This includes orders/purchases associated with the same name, e-mail address, billing address, credit card number, or other information.

8. Opening Acts / Festival Acts

Opening acts, guests, or undercards (each an “Opening Act”) may sometimes tour with headlining performers. We are not always made aware of Opening Acts or the length of their performances. Opening Acts, as well as festival performers, are subject to change or cancelation at any time without notice. No refund will be owed if an Opening Act or festival performer is changed or canceled.

9. Canceled, Postponed, Rescheduled, and Moved Events

Occasionally, events are canceled, postponed, rescheduled to a different date or materially different time, or moved to a different venue:

If the event is canceled: you need to contact the Event Creator directly in case of any complaints or claims.

If the event is postponed, rescheduled, or moved: you need to contact the Event Creator directly in case of any complaints or claims.

We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.

10. Refunds, Credits, and Exchanges

All sales are final and refunds (if any) are handled directly by the Event Creator. Before purchasing tickets, carefully review your event and seat selection. Policies set forth by Event Creators generally prohibit us from issuing exchanges or refunds after a ticket has been purchased, or for lost, stolen, damaged, or destroyed tickets. Tickets therefore cannot be replaced if they are lost, stolen, or damaged.

Refunds. If your event is eligible for refunds, you need to contact the Event Creator directly. The Event Creator might issue a refund of the ticket price you paid (or, for a discounted ticket, then instead the discounted ticket price paid) directly to you. In no event we can refund service fees or membership fees.

Please note that seating maps are representative of a venue’s layout; however, they are subject to change at any time. In case of any change you need to contact the Event Creator directly.

We may occasionally offer tickets at a discount after the original on-sale date, and will not refund the difference between the original price and the sale price. In addition, there are no refunds, returns, or exchanges for digital downloads or hotel / festival packages.

If there is an account, or accounts, that have outstanding balances owed to flockx, flockx reserves the right to hold any and all refunds for said accounts until such time as no outstanding balances remain.

Chargebacks and Other Refund Prohibitions. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us. Should you do so, your tickets are subject to immediate cancelation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using our app.

11. Account, Purchases, and Billing Information Verification

All information on accounts and purchases must be valid and are subject to verification. Purchases are subject to credit card approval, and are processed only after the billing address associated with your credit card and other billing information have been verified. Purchasing attempts using an account with any information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder—such as name, address, email address, phone number, IP address, or other account or billing information—are subject to cancelation, at any time. Furthermore, if your purchase is canceled for any of the foregoing reasons, we may sell your tickets to another customer without further notice.

12. Pricing and Other Errors

If the amount you pay for a ticket is incorrect (regardless of whether it is incorrect because of an error in a price shown in our app or otherwise communicated to you), if you are able to purchase a ticket before its scheduled on-sale or presale date, or if you are able to purchase a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the purchase for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the error occurred because of human error or a transactional malfunction of our app. We will not be liable for travel or any other expenses that you, or anyone else, incurs in connection with errors of this nature. If a refund is processed in error, or a refund exceeds the original amount paid, we reserve the right to recharge the original method of payment used at time of purchase.

13. Multiple Cellphones

When purchasing tickets with us, please ensure you are looking for tickets and purchase them using only one cellphone. Looking up tickets using multiple cellphones could result in losing your tickets, errors occurring during the purchase process, or timer expiration.

14. Limitation of Liability

You voluntarily assume all risks and danger incidental to the event which you participate at, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change. Please see the Limitation of Liability section in the Terms and Conditions for additional limits on our liability.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against flockx and the Event Creator—and against any companies affiliated with flockx or the Event Creator—relating to such risks, hazards, and dangers.

15. License; Ejection and Cancelation; No Redemption Value

You agree to comply with all of the Event Creator’s applicable rules, policies, terms, and conditions (“Event Creator Rules”). The Event Creator reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who does not accept the rules to enter, or uses vulgar or abusive language, or who fails to comply with Event Creator Rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused. A ticket is not redeemable for cash.

16. Recording, Transmission and Exhibition

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us, the Event Creator(s), our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf. In the case of virtual events, you may view the virtual event solely for your own personal purpose. You may not record, copy, publicly exhibit, transmit, or distribute any virtual event through any means, resell views of any virtual event, or allow others to log into your account for the purpose of watching a virtual event.

17. You Are Subject to Search

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation: firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.