Last update: January 19th, 2017
1.2. Customer Service:
Spain: 0034 911 876 636
UK:0044 2036 086 975
USA: 001 646 781 73 59
Email: firstname.lastname@example.org, email@example.com
2.1. This document establishes the general terms and conditions (hereinafter the "Terms and Conditions") regulating the access and use of the FEVER application and the services, features, content, applications or widgets offered by FEVER (also including the “service” provided).
2.3. The access to the APPLICATION, its downloading and use are subject to the acceptance and compliance with these Terms and Conditions; therefore, the USER may not access the APPLICATION and/or use the services offered by PLANORAMA in case of disagreement with the same. The Terms and Conditions available at each time on the APPLICATION and on its web page will be considered to be in force and therefore applicable; we must also consider applicable to the USERS all the particular conditions, warnings, regulations, legal bases of promotions or operation instructions advised to it in relation with the APPLICATION, and which complete the provisions of these Terms and Conditions.
2.4. By accepting the following terms, the person thus accepts the terms and conditions of the USER of the APPLICATION, and in the case of the website, the user fully accepts all of its terms and each condition in the moment he downloads the application.
3.1. The APPLICATION may be contracted by any person of legal age or, where applicable, by emancipated minors more than 18 years old, with a full capacity to contract.
The condition of USER of the APPLICATION may be acquired by any person more than 18 years old. Children under 18 years old can only become USERS of FEVER after the prior authorisation of their parents, tutors or legal representatives, who will be liable for the acts performed by people in their charge.
If you are younger than 18 years old, we recommend that you download the APPLICATION with your parents, tutors or legal representatives so that they can know how it works and authorize you to use it and share information, archives or photographs with other USERS or friends.
3.2. These circumstances cannot be initially verified by FEVER; therefore, FEVER reminds parents and tutors about their responsibility to take care for the use that people in their charge make of the APPLICATION and its functionalities. In all cases, FEVER reserves the right to request from the parents or tutors of children less than 18 years old documentation verifying their condition of parents or tutors of the minors who wish to download the APPLICATION, and their consent for the minors to use the APPLICATION.
USER guarantee the veracity of all data that they communicate as a consequence of the procedure for contracting the APPLICATION or the invitation of a third user to the APPLICATION.
3.3. The condition of USER will be acquired automatically, once the APPLICATION is correctly downloaded, or by means of the processes that FEVER may offer at each time to the different USER.
3.4. FEVER can submit the download, installation, implementation, execution and use of the APPLICATION when receiving a personal access code or invitation from the USER. Invitations issued by FEVER have personal and non transferable character, and should be associated to only one installation of the APPLICATION in a terminal ownership to the person in charge of the APPLICATION: the consignee. The consignee shall not share, assign or transfer, in any way, your invitation or activation code to third parties.
4.1. All content, whether published or sent privately, is the sole responsibility of the USER who originated such Content. FEVER can not guarantee the authenticity of the content or data that you or other USERS publish. All Content accessed and published at the use of our Service is agreed to be used at your own risk. If any damage or loss happens to you or others from Content, you will be held solely responsible.
4.2. The Service contains Content specifically provided by FEVER and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You must meet and maintain all notices, information and restrictions of copyright in the Content accessed through the Service.
4.3. FEVER grants you a license to install and run the APPLICATION whose main features are detailed below. Installing and running the APPLICATION is free. Any commercial use, resale, distribution or marketing in any form by the USER or individual, is prohibited without prior authorization by FEVER.
4.4. The USER must accept Facebook’s necessary permits for the transfer of personal data to FEVER, akin to the installation and execution of the APPLICATION. Sometimes FEVER may request additional permission to carry out certain actions or enjoy certain features. The lack of acceptance of some of the permits necessary for the proper functioning of the APPLICATION may result in suspension of services.
4.5. In the case that the USER, once the APPLICATION is downloaded, has already accepted the Facebook permits and those of the APPLICATION, does not accept an updated invitation and the APPLICATION does not have a valid invitation to run, the APPLICATION will store all the facilitated data and will indicate the necessary process for soliciting such an invitation.
4.6. The APPLICATION will allow the USER, to make different actions including;
4.7. The APPLICATION may allow, in some cases, for the USER to share their information or special content only with some specific USERS.
4.8. APPLICATION integration with other social networks allows USERS to share their information and content with other people who are not USERS of the APPLICATION through their profiles on other social networks.
4.9. FEVER can use USERS publications in several different ways in connection with the FEVER Site, Service and business as determined in its sole discretion, showing them publicly, incorporating in marketing material, advertising and other works, creating derivative works of them, promoting it, distributing, etc.
4.10. By submitting the USER Publications Site or through the Service, you hereby grant and will grant to FEVER a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of display, perform and exploit Publications in connection with the Site, the Service and the business FEVER (and its successors and assigns), including for promoting and redistributing part or entire site (and derivative works thereof) or the Service in any media formats and through any media channels (including, among others, websites and third-party feeds).
4.11. You represent and warrant that you have all rights to grant the license without infringing or violating the rights of others, including privacy rights, publicity rights, copyrights, contract rights or any other intellectual or proprietary right.
4.12. You understand that all information publicly or privately posted through the Site is the sole responsibility of the person who originated such Content FEVER not be liable for any errors or omissions in any Content. FEVER can not guarantee the identity of the other USERS with whom you may interact in the course of using the Service.
V.- SERVICE DESCRIPTION
5.1. The APPLICATION offers tickets for purchase through the platform, available 24 hours a day, for events & shows. The APPLICATION offers the USER a service of advance ticket sales, facilitating the acquisition of tickets, and negotiating by name and by service on account of the promoter who manages the distribution of ticket sales.
5.2. By agreeing to the general terms and conditions you are declaring that you have the legal capacity to act and to enter into contract, and that you understand and accept the general terms and conditions.
The service ticket is onerous, providing the USER all the information relating to the price of each ticket at any time in the APPLICATION. The information service is offered free of charge.
5.3. FEVER aims to facilitate the acquisition of such tickets, to developers, promoters and the general public channels, but at no time acts as a promoter of the event or show. Also, FEVER is not involved in any organizational aspect of the events offered for sale. FEVER is expressly exempted from all liability and/or responsibility that corresponds to the promoter, such as the visibility of the venue where the event takes place or show, their sound quality, local convenience, accessibility, etc.
5.4. Also, content, services and products that appear in advertising and promotional activities of the implementation correspond exclusively to its advertisers. Once acquired, the ticket cannot be exchanged or refunded, except in special cases provided for in the legislation will be returned.
Changes that occur after the date of sale of tickets such as changing dates, local, artists, event cancellation, etc. are exclusive competence of the Promoter of the event.
5.5. Illegal reselling an entry or attempted unlawful resale constitutes sufficient cause for confiscation or cancellation of the entry, without any refund or other compensation.
The use of data from different people to the buyer, is considered a federal crime.
The entry may not be used for advertising, commercial, promotional, games, contests or sweepstakes without prior expressed authorization of the Promoter.
5.6. FEVER assumes no responsibility for tickets purchased at points of unofficial sale. FEVER is not responsible for any differences in price with other media or sales channels.
5.7. The entry or entries are issued in accordance with the rules and regulations of the venue and the promoter of the event. By accessing the app, the USER will have all the information on the different plans. Violation of any of these rules and regulations, or any act that may cause harm, injury or tort, shall entitle the venue or event promoter to escort the USER from the premises. In any case, at all times FEVER recommends and sends the buyer standards and norms set in each case and for each event through the promoter of the event or a specific performance.
5.8. FEVER is not responsible for loss or theft of the entrance ticket.
Unauthorized recording or photographic equipment use is prohibited at all times.
The tapes or films are likely to be confiscated and destroyed. Laser pointers, use of mobile phones, animals (except guide dogs) and outside food and beverages are also generally prohibited.
5.9. The venue/ event space, the Promoter, and FEVER are not responsible for any personal belongings.
FEVER reports that the event or show may be recorded for commercial and / or promotional purposes. The Ticket holders give their consent, when accessing the venue or show, to use their image for recordings and reproduction, with the above purposes, as part of the public.
5.10. The Promoter reserves all image rights and intellectual property of the show.
The Promoter reserves the right to change the program of the event. It is a condition of admission to retain the entrance ticket and keep it in good condition.
5.11. The Promoter reserves the right of admission and the ability to register the public at the entrance. The Organization will not give entry to any subject that is considered dangerous.
The APPLICATION incorporates appropriate safeguards using industry standard technology to enhance the security, integrity, completeness, accuracy and protection of collected personal data. It has established reasonable precautions to protect such information from loss or misuse.
Its rules on data protection and security are periodically reviewed, enhanced and improved as necessary. Efforts lie in ensuring that only authorized people can access your information and the information you provided.
5.12. FEVER disclaims any liability for interruptions or malfunction of the services or content offered on the Internet when damage is caused by natural disasters, extreme urgency or computer intrusions or attacks any other case of force majeure. Also, FEVER is not responsible for network outages, loss of business resulting from these drops, momentary discontinuations of the electric fluid, errors in the telematic networks, etc. FEVER makes every effort to avoid such incidents.
VI.- FEVER POLICY PLANS
6.1. The price of plans will be expressed in the official currency of the country in which the plan is located and includes all of the applicable taxes.
6.2. FEVER will not be responsible for exchange fees awarded against the USER's bank or payment, or reimbursement, in case you had. Once you purchase and received the confirmation email, you only need to present the ticket purchased that you will find on your FEVER profile clicking on your tickets purchased.
6.3. The reimbursement of previously purchased tickets is not allowed. Failure to attend an event/show or the commission of an error on the acquisition of the tickets are not valid grounds to get refunded.
You may not exercise the right of withdrawal or resolution, in accordance with current regulations on consumer and retail trade.
6.4. FEVER, as a distributor, exclusively may proceed with the cancellation of an event, change of date, or cancellation of ticket sales. The promoter has complete jurisdiction over the handling of reimbursements.
6.5. FEVER, before any change that occurs in an event or show is committed to:
6.6. Inform the USER about the procedure of reimbursements adopted by the Promoter, in the case that FEVER decides to proceed with the refund.
VII.- ACCESS TO ESTABLISHMENTS AND LOCALS OFFERED IN THE APPLICATION
7.3. In the case that a change occurs regarding an event or show hosted by Fever, the Company is committed to:
VIII.- USER CONDUCT
8.2. It will be considered a misuse of the APPLICATION by the USER when, in order to get coupons, fake FEVER profiles are created. In that case, FEVER shall promptly check the profile in order to verify their authentication purposes. it may proceed under FEVER discretion, to eliminate all those profiles whose veracity can not be demonstrated. Whenever FEVER requests, the USER must provide all the information which would be required.
8.3. By way of example, and not as a limitation, you cannot and will not allow any third party to use, upload, download, post, or otherwise distribute or facilitate the content of the Service, including among other things, the USER’s Publications that:
8.3.7. It is up to each USER to respect these standards, showing special attention to the rights of Intellectual Property, refraining from using the Services for illegal purposes, or that violate or infringe the rights and interests of FEVER or other owners thereof. FEVER is not liable for damages of any nature arising from improper, illegal or illicit use that USERS make of the services and contents of the APPLICATION.
8.3.9. You can not (directly or indirectly):
8.4. USERS should not under any circumstances use the APPLICATION as a support for breaking the law or third party rights, whatever the nature including, without limitation and not limited rights of intellectual property, right to honor, privacy and own image, right to protection of personal data, etc. and should adopt appropriate diligence and caution to avoid causing harm or risk of harm to FEVER, other USERS or any third party.
8.5. FEVER reserves the right to (i) remove, suspend, edit or modify the Content at its discretion, including, among other things, posts by USER at any time without notice for any reason and (ii) remove, suspend Publications or blocking other service USER.
8.7. The APPLICATION is ready at all times to be run, downloaded, and installed. The USER agrees not to modify the APPLICATION in any form, or to circumvent, disable or otherwise interfere with security related features of the APPLICATION.
8.10. Consequently, FEVER reserves the right to terminate the access to the APPLICATION to USERS whose behavior or use of the APPLICATION:
8.11. FEVER also reminds USERS that, according to its duty to cooperate with public authorities, they will give data to public authorities that would be required for investigation of a misdemeanor or felony.
IX.-USE OF COUPONS
9.1. FEVER sometimes offers coupons for USER to redeem them when purchasing a plan through the APPLICATION. The use of said coupons will fall under the specific conditions stipulated by FEVER and reserves the right to stipulate, in each case, a policy different from the others, considering the case. Also, coupons are owned by FEVER and are offered under their own discretion. They are susceptible to any kind of change, whether they have been redeemed or not, in cases where the Company considers it necessary.
9.2. Regarding the coupons offered by FEVER, they will only be valid for each city. Changing city for the sole purpose of making a redemption of coupons constitutes an abuse of the app which automatically implies the cancellation of coupons, whatever their origin.
9.3. Each Coupon has it own expiration date and conditions which will be indicated in the own coupon and also in FEVER official communication channels. Plans purchased with invalid coupons will be automatically cancelled.
X.- SITES AND SERVICES OF OTHERS
10.1. The Service may allow you to link to other websites, services or resources on the Internet, and the other websites services or resources may contain links to the Site. When you access third party websites, you do so at your own risk.
These other websites are not under the control of FEVER. You agree that FEVER is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
10.2. You further acknowledge and agree that FEVER not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by products or services available on such website or resource, or through them.
XI.- FEVER DISCLAIMER
11.1. You acknowledge that FEVER has no control and is not forced to take action regarding: which USERS access the service, the Content that you access through the Service, how you may interpret or use the Content or what actions you may take as a result of being exposed to the Content.
11.2. You release FEVER from any liability from your connections and relationships with other USERS. You understand that FEVER does not in any way investigate USERS, their backgrounds, or their statements. FEVER does not make declarations or attempts to verify the USER’s backgrounds or statements.
11.3. FEVER is in no case responsible for the conduct of USERS or the accuracy of the information they provide. In no event will we be liable for any loss or damage, whether direct, indirect, general, special, compensatory, consequential and / or incidental, arising out of your conduct or that of another person, or related to him/her, in connection with the Services, including (without limitation) bodily injury, emotional distress and damages resulting from any form of communications or meetings with USERS or people that you can have through the Services.
11.4. You agree to take reasonable precautions and to exercise the utmost care in all interactions with any individual with whom you come in contact with, through the APPLICATION; especially if these individuals decide to meet in person. For example, you should not, under any circumstances, provide your financial information (such as credit card numbers or bank account) to others.
11.5. FEVER is responsible for publishing and promoting the plans contained in the APPLICATION, limited to offer what the partners have previously stated and is without representations or warranties of any kind, express or implied, including but not limited to, the implied warranties of title, noninfringement, merchantability and fitness for a particular purpose and implied warranties for the course of performance or usage of trade, all of which are expressly disclaimed, except to the extent required by law.
11.6. FEVER, and its directors, employees and partners do not warrant that:
11.7. Using the web site, service, content is at your own risk. Some states / jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
11.8. FEVER is not responsible for the transmission of negative results, or potentially harmful consequences from the use, installation or execution of the APPLICATION caused from the USER’s device or from the USER’s accounts from social media networks that may be provoked by the action of third parties or by inadequate use of the APPLICATION by the own USER.
11.9. FEVER is not responsible for any content or information generated by USERS of the APPLICATION or USERS in relation with the APPLICATION; neither is FEVER responsible for the normal or abnormal use of the APPLICATION by third parties or the USER himself/herself.
11.10. FEVER does not guarantee the availability, completeness and enforceability of the free APPLICATION in the device of the USER; nor does it guarantee the proper integration of the APPLICATION with all websites or devices that support textinput through their own functionality.
11.11. FEVER is not responsible for the accuracy, completeness, identity or legality of any content from USERS.
11.12. In any case FEVER is not responsible for any lost profits or any other damages that may have caused injury to the USER due to the use of the APPLICATION, even if FEVER had been previously notified by the USER or third parties of holding responsibility from the likelihood of such damages.
11.13. FEVER’s aggregate liability against any claim shall not be greater than one hundred (100) pounds or shall match the amount the USER paid for the past twelve months.
You must actively indemnify FEVER, its directors, employees, and / or partnership from loss, actions, claims, damages, expenses (including judiciously reasonable costs) or liability if they involve your use or misuse of the site, services, content or your publications as a USER.
11.14. FEVER is not responsible for the breach of its obligations under Conditions where failure to meet obligations is due to a cause beyond the reasonable control of FEVER. These include among others: mechanical failure, electronic communications and/or degradation (including electrical fluctuations).
12.1. In compliance with the Data Protection Directive 95/46</b>, we inform the USER about our Privacy and protection policy of personal data resulting from the use of FEVER well as the services and contents accessible through such APPLICATION.
12.3. We receive and store any information you enter on our Service or provide to us in any other way. The types of personal information collected may include your name, email address, phone number, birthday, Facebook usernames, information regarding the use of our Service, and browser information.
12.4. All personal USER data, which gives us through the registration form, which provides Facebook, those generated by navigation and use of content and services and any others provided by the USER through its navigation will be processed by FEVER to manage the registration, create profiles, analyze USERS behavior, determine their consumer preferences, habits, tastes, geographic location and favorites in order to ensure the full use and your enjoyment of FEVER services and content.
12.5. The USER agrees receipt of commercial electronic communications and / or equivalent electronic media advertising available and Push notifications regarding the products and services presented and/or organized by FEVER.
12.6. The personal data you supply will be stored in a file owned by LABS INC FEVER for the purpose of managing the relationship with the USER and keep you informed about FEVER’s news, promotions and new services through any channel (including electronic) that may be of your interest.
We may work with partners who use mobile SDKs to passively collect information (collectively, “SDK Information”), which generally helps us deliver personalized notifications. This data may also be used to identify you in a unique manner across other devices or browsers for the purposes of customizing ads or content. Depending on the permissions granted to this application, this information may include personally identifiable information (PII) including your e-mail address. This information may also include precise location (i.e. GPS-level data) or WiFi information, apps you have installed and enabled, and your mobile identifier (e.g., Android Advertising ID).
12.7. The USER agrees that all your personal data, images, checks-ins or registration sites and any other data or information contained in your account associated with the FEVER APPLICATION will be published and made available (fractionated or complete) to other USERS depending on the privacy settings set by the USER, without FEVER assuming any responsibility for the configuration selected by the USER.
12.8. FEVER may send the USER information about products and services of the industries involved in business, consumer, nightlife, venues, food and beverage, fashion, electronics, publishing, cosmetics, travel and entertainment through any communication channel. The USER can cancel the sending of such information by sending an email to the address firstname.lastname@example.org.
12.9. The USER consents to let FEVER obtain their geolocation data via mobile device on which it is installed and to record and publish information on the USER's position and enclosures, events or facilities that the USER attends.
Registration and publication of this information may be revoked by the USER at any time through your privacy settings.
12.10. FEVER declares that all information will be treated confidentially, implementing all the security measures it deems appropriate and proportionate to ensure the security of personal data.
12.11. The USER may at any time exercise their rights of access, rectification, cancellation and opposition by sending an email to the address <a href=”mailto:email@example.com”>firstname.lastname@example.org</a> stating the right you want to exercise, attaching a copy of ID or USER passport.
12.12. Even after you remove your information from your account or profile copies of this information may remain visible elsewhere, depending on whether it has been shared with others, had been distributed in the past based on your privacy settings or was copied or stored by other USERS.
12.15. When the USER uses the APPLICATION, FEVER automatically receives and records information on its server logs from the USER’s browser or mobile platform, including the location, IP address, cookie information and the page you requested. FEVER treats this data as non-personal information, except when we are required to do otherwise under applicable law.
12.16. FEVER can provide their partners information about how USERS, collectively, use the Site, so that they can understand how often people use their services and the FEVER service.
12.17. Your personal information from your FEVER account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and personal information by selecting and adequate protection of your password and restricting access to your computer and browser by closing each session after you have finished accessing your account.
12.18. FEVER aims to safeguard USER information to ensure that the information in the USER's account is kept confidential. However, FEVER can not guarantee the security of the account information of the USER. The unauthorized entry or use, hardware failures or software and other factors may compromise the security of USER information at any time.
XIV.- HOW DOES FEVER SHARE MY INFORMATION?
14.1. Personal information about our USERS is an integral part of our business. We do not rent or sell your personal information with anyone. FEVER may share your personal information only in the manner described below.
XVI.- INTELLECTUAL PROPERTY
16.1. FEVER is the sole holder who holds the necessary licenses and / or authorizations for the exploitation rights of intellectual property of the APPLICATION, its contents, products and services (including, in an expository and in any case limited, databases images, photographs, drawings, graphics, games, text files, audio, video and software), as well as brands, logos, trade names or any distinctive sign, software, computer programs or databases they belong or have portion thereof at some point.
16.2. Under no circumstances the APPLICATION access implies renunciation, transmission, license or total or partial transfer of such rights.
16.3. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the APPLICATION If you do not have the express written permission of FEVER or, where applicable, the holder of the rights.
16.4. Unless authorized, it is prohibited under the terms and under the sanctions provided in the legislation that may apply, the removal or alteration of technology and information management measures for the rights contained in the works and the subject of this transmission and distribution, importation for distribution, public performance, broadcast by broadcasting public communication in all its forms or making available of such works and performances or copies or broadcast which has been removed or altered without release such information.
16.5. Some products and services may be subject to temporary licenses granted by third parties, so FEVER reserves the right to withdraw unilaterally and without prior notice.
16.6. All Products and Services, as well as names, trademarks, software, advertising creatives, web pages, text, graphics, photographs, images, and / or any other audiovisual or sound content, related to the APPLICATION, are subject to industrial property / or intellectual property of FEVER.
XVII.- DURATION AND TERMINATION
17.1. Service delivery through the APPLICATION has an unlimited duration. FEVER, however, is authorized to terminate or suspend the Service. When reasonably possible, FEVER prior notice of the termination or suspension of the Service through the APPLICATION or the various official channels of communication through which FEVER can contact their USERS.
XVIII.- GOVERNING LAW
18.2. As provided for in the conditions of use as well as the interpretation and resolution of conflicts that may arise between the parties, shall be governed by the legislation of Spain. The parties
18.3. The parts, are subjected to the jurisdiction of the courts of Madrid, unless legislation says otherwise.