TERMS & CONDITIONS
Overview
Welcome to the website or mobile application of EmbargoFest. This website or mobile application is owned and operated by Asociatia Culturala Embargo, CIF: 40055781, (the ‘Cultural association’, ‘us’, ‘our’, or ‘we’).
These Terms and Conditions set forth the terms and conditions under which you are authorized to use one of our websites, including any website where these Terms and Conditions are posted, and any sub-domains and mobile versions (collectively, the ‘Site’), use one of our mobile applications (the ‘Mobile App’), or interact with our other on-site or web-enabled technologies, such as on premise WiFi. We may refer to the Mobile App, Site, and these related web-enabled technologies collectively as our ‘Digital Services’.
Through your use of our Digital Services, you consent to the practices described in these Terms and Conditions.
To the extent additional rules or guidelines affect your use of our Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms and Conditions. By using any of our Digital Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately stop using our Digital Services.
As a condition of your right to use our Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of Romania or any other country.
Description of service
Our Digital Services primarily provide information about our festival and other content we think would be of interest to you, sell tickets and merchandise. To the extent new services, content or features are added to our Digital Services in the future, your use thereof is subject to these Terms and Conditions.
Modifications and interruption to the Digital Services
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Tickets and merchandise
1. GENERAL
All orders placed by our customers via embargofest.com, as well as our deliveries and services are exclusively subject to the general terms and conditions listed forwards, in the version that is valid at the time of the order. We do not accept conflicting terms and conditions of the customer unless we have agreed to their validity in writing.
2. IMPORTANT NOTES
The merchandise offered under embargofest.com is presented on the website in the format of digital photographs. Minor divergences of the photographs from reality may occur, but they won’t be considered a defect of the ordered merchandise.
The tickets sold on the website are in digital format (downloadable products or ‘print at home’) and they will not be shipped.
2. CONCLUSION OF CONTRACT
The contract between you and embargofest.com is valid once you order the merchandise and/or tickets. By sending the order form provided on our website to us you make a binding offer to enter into the contract. You finalize the order by entering all information during the order process and sending the order form to us by clicking on the ‘checkout’ button.
We are entitled to reject orders without indicating any reasons, in particular if there is well-founded suspicion that the merchandise purchased via the internet is to be sold to third parties commercially.
3. PAYMENT METHOD
We don’t process directly your payment. All payments are made trough our partner, euplatesc.ro. They accept all VISA, VISA Electron, MasterCard and Maestro credit/debit cards.
4. DELIVERY AND SHIPPING
We ship your order with DPD.You will be able to track your order here using the AWB number you receive by email once your package is sent. Your order will be shipped form Timișoara, where the Asociatia Culturala Embargo office is located and it should reach you in 2 to 5 working days.
5. RETURN POLICY
We accept returns and exchanges only for merchandise, within 30 days of receipt. Returns received outside the above time frame are not to be accepted.
We will only accept returns on non-faulty items that are in their original condition, have not been worn, altered or washed, with all tags attached and in its original packaging. Upon receipt of any order without tags please notify us immediately if you wish to return the item. We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging.
Please note that we can only exchange an item for the same item in a different size. Exchanged items can only be dispatched after the returned goods have been received and undergone a quality control check. Please note that the customer is allowed to exchange an item for a different size only once. The customer is responsible for additional shipping costs.
The merchandise must be returned in one mailing. We reserve the right to refuse multiple returns at different times from one order.
Privacy policy
We commit not to transmit the user’s personal data to third parties and to use them only for establishing contact with our customers and informing them about certain aspects related to the functions of our Digital Services and our offers.
We will retain the personal data and will use them with the purpose of informing the users of their account on our Digital Services, the status and evolution of their orders and also for evaluating the goods and services offered.
For more information please read the full Privacy Policy.
Restricted activities
You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to:
violate or encourage the violation of any local, state, national, or international law or regulation;
collect or store personal data about other users of our Digital Services or solicit personal information from any individual;
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
disrupt or interfere with the security or use of the Digital Services or any websites or content linked to them;
attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Cultural Association, our any third party, or create or use a false identity;
use any meta tags or any other “hidden text” utilizing the Cultural Association’s (or any third party partner or sponsor’s) name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services;
engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Services; or
assist any third party in engaging in any activity prohibited by these Terms and Conditions.
Further, without our written consent, you may not:
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Cultural Association content or any use of or access to the Digital Services;
use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Digital Services or monitor or copy our web pages or the content contained thereon;
deep link to the Digital Services for any purpose; or frame the Digital Services, place pop-up windows over any content, or otherwise affect the display of the Digital Services.
Copyright and trademark information
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Cultural Association with all rights reserved. In some cases, such content may be licensed to Cultural Association by third parties. This content is protected by the intellectual property rights of Cultural Association or those owners. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Cultural Association.
Permitted use of mobile application
Our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of Cultural Association. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.
Permitted use of the content
Any use of content on the Digital Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Cultural Association, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Cultural Association. You may use the content solely for your personal, non-commercial use, except as described herein. You may download or print a single copy of any portion of the content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content. You may not make any use of content owned by any third parties which is available on the Digital Services, without the express consent of those third parties.
Mobile devices and third-party restrictions
If you access our Digital Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store.
Content complaints
If you believe that any content on our Digital Services violates these Terms and Conditions or is otherwise inappropriate, please report the content by sending an email to embargofest@gmail.com
Wristband terms of use
These wristband terms of use apply to the EmbargoFest (the “Event”).
All Event wristbands and vehicle passes (collectively, “Wristbands”) are subject to the following terms of use (hereinafter the “Terms”). By accepting possession or by using any Wristbands, User is legally bound to comply with these Terms, and the original authorized purchaser and any Authorized Recipient agrees to inform all of their respective guests of these Terms with due diligence. The Event producer reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check back periodically for changes.
1. UNAUTHORIZED TRANSFERS PROHIBITED
All publicly sold Wristbands are for use by the original authorized purchaser and their invited guest(s) only (each an “Authorized Purchaser”), and are not transferable by the Authorized Purchaser, any of their invited guests, or any other person. Likewise, all Wristbands provided to performing artists, production personnel, vendors, sponsors, and other guests of the Event producer (each an “Authorized Recipient”), are for use by the Authorized Recipient and his or her invited guest(s) only, and are not transferable by the Authorized Recipient, his or her invited guest(s), or any other person. Authorized Purchasers and Authorized Recipients are referred to individually as a “User”. Wristbands obtained from unauthorized sources may be counterfeit and are worthless.
Except as provided herein, Wristbands may not be sold, transferred, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, sweepstakes, charitable giveaways, or other activities absent the Event producer’s prior written consent. Any wristbands used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.
Resale or attempted resale of Wristbands is grounds for termination of the license and cancellation of the Wristband.
2. AUTHORIZATION OF USER’S IMAGE AND LIKENESS
User grants the Event producer (and its designees) the right to include User’s image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or otherwise.
3. MEDICAL CONSENT
User consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event producer and all persons participating in such medical treatment from all responsibility for any such actions.
4. CONSENT TO SEARCH/REFUSAL/EJECTION
User and User’s belonging may be searched upon entry into the Event, and User consents to such searches and waives any related claims that might arise against the Event producer and its agent. If User elects not to consent to such searches, User may be denied entry into the Event.
5. OTHER RIGHTS / RESTRICTIONS
No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional/advertising activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance.
The Event producer reserves all rights not expressly granted to User. The present Terms and Conditions and those below, also included herein by reference, shall prevail in the event of any conflict:
Rules and Regulations
Privacy Policy
Changes to these terms
We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. You are encouraged to check this page regularly for changes to the Terms and Conditions. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms and Conditions.