Agreement to Terms
Last revised on January 31, 2022
The information provided on the App and website are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App and website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The App and website are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Aot (FISMA), so if your interactions would be subjected to such laws, you may not use this App and website. You may not use the App and website in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The App and website are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the App and website.
Provided that you are eligible to use the App and website, you are granted a limited license to access and use the App and website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App and website, the Content and the Marks.
We accept the following forms of payment: Visa
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the App and website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an on-line billing account for purchases made via the App and website. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the App and website.
The Pump&Up mobile application offers free registration and use of the App for individuals only. Professionals from the event industry, cannot publish priced evenings. "Premium" packages and paid advertising will be made available to Pro Profiles during the year 2022. Any breach of this fundamental measure will lead to the permanent closure of the profile responsible for the fraud, as well as legal proceedings.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at email@example.com.
You may not access or use the App and website for any purpose other than that for which we make the App and website available. The App and website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the App and website, you agree not to:
1.Systematically retrieve data or other content from the App and website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3.Circumvent, disable, or otherwise interfere with security-related features of the App and website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and website and/or the Content contained therein.
4.Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App and website.
5.Use any information obtained from the App and website in order to harass, abuse, or harm another person.
6.Make improper use of our support services or submit false reports of abuse or misconduct.
7.Use the App and website in a manner inconsistent with any applicable laws or regulations.
8.Engage in unauthorized framing of or linking to the App and website.
9.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App and website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App and website.
10.Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11.Delete the copyright or other proprietary rights notice from any content.
12.Attempt to impersonate another user or person or use the username of another user.
13.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1X1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14.Interfere with, disrupt, or create an undue burden on the App and website or the networks or services connected to the App and website.
15.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App and website to you.
16.Attempt to bypass any measures of the App and website designed to prevent or restrict access to the App and website, or any portion of the App and website.
18.Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App and website.
19.Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or off-line reader that accesses the App and website, or using or launching any unauthorized script or other software.
20.Use a buying agent or purchasing agent to make purchases on the App and website.
21.Make any unauthorized use of the App and website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
22.Use the App and website as part of any effort to compete with us or otherwise use the App and website and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the App and website to advertise or offer to sell goods and services.
The App and website may invite you to chat, contribute to, or participate in blogs, message boards, on-line forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App and website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Contributions may be viewable by other users of the App and website and through third-party web App and websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4.Your Contributions are not false, inaccurate, or misleading.
5.Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.Your Contributions are not obscene, lewd, lascivious, thy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9.Your Contributions do not violate any applicable law, regulation, or rule.
10.Your Contributions do not violate the privacy or publicity rights of any third party.
11.Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12.Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By posting your Contributions to any part of the App and website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitled, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the App and website. You are solely responsible for your Contributions to the App and website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the App and website; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Apple and Android Devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App and website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
App and website MANAGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the App and website infringes upon any copyright you own or control, please immediately notify us reporting a “profile” or a “party” via the App or the e-mail firstname.lastname@example.org. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App and website infringes your copyright, you should consider first contacting an attorney.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the App and website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App and website. We also reserve the right to modify or discontinue all or part of the App and website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App and website.
These conditions are governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Pump&Up and yourself both agree to submit to the non-exclusive jurisdiction of the courts of North Holland, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the Netherlands, or in the EU country in which you reside.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Amsterdam, Netherlands. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the Netherlands.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the App and website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App and website at any time, without prior notice.
The App and website are provided on an as-are and as—available basis. You agree that your use of the App and website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the App and website’s content or the content of any websites linked to the App and website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App and website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the App and website, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the App and website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App and website. We do not warrant, endorse, guarantee, or assume responsibility for any content (written and visual), product or service advertised or offered birdbath party through the App and website, any hyperlinked App and website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App and website, even if we have been advised of the possibility of such damages.
We will maintain certain data that you transmit to the App and website for the purpose of managing the performance of the App and website, as well as data relating to your use of the App and website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App and website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the App and website, sending us emails, and completing on line forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App and website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions completed by us or via the App and website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Each member of the Pump&Up Application undertakes to respect the laws in force in the country where they use and benefit from the services of this Application and/or the pumpandup.com website. Its users, being at least 18 years old, will be entirely responsible for their actions towards themselves and/or others during an event organized via the Application, as well as the legal consequences that these actions could generate. Any act committed or suffered by a Pump&Up member during an event organized via the Application, will be entirely the responsibility of the member and not of the Application, the website or the Pumpandup company.
In order to resolve a complaint regarding the App and website or to receive further information regarding use of the App and website, please contact us at:
or at email@example.com