Terms of Service
Last updated: 01. December 2022. Welcome to Dashpoint. We know that as event creators and consumers, you want to make sure your events run safely and smoothly. This is also our desire for our platform. We look forward to welcoming you here. Please read these Terms of Use (or Terms, as explained in more detail in Section 1.4) carefully as they contain important information about your rights, remedies and obligations. By accessing or using Dashpoint's Services, you agree to comply with and be bound by these Terms as they relate to you.
1.Declaration of consent
a.What is what?
The material, including but not limited to information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, video, music, sound and other content, embedded in or provided through the Services or otherwise made available by Dashpoint in relation to the Services is referred to herein as "Site Content" (or "Content"). Material (including the categories above) that you contribute, provide, post or make available using the Services is referred to as "Your Content".
b.Who is who?
For purposes of these Terms of Service, the term "Organizer" refers to persons who use the Services to create Events that are displayed there to users who use our Services (a) to consume or participate in information about Events ("Consumers"), or (b) for any other reason. Event Organisers, Consumers and third parties using our Services are collectively referred to in these Terms of Use as "Users", "You", etc.
For the purposes of these Terms of Use, the term "Dashpoint", "we", "us" etc. refers to Dashpoint GmbH and its employees.
c.What else should I be aware of?
Please check back occasionally for other terms and conditions that may be referenced on the Services you use, as they may also apply to you. In addition, by agreeing to these Terms of Use, you acknowledge that you have read the Privacy Policy and Cookie Policy, which apply to all users. Occasionally, we may provide services not described in these Terms of Use or custom services to you: Unless otherwise agreed in a separate signed agreement with you, which expressly takes precedence over these Terms of Use, these Terms of Use will also apply to those services.
d.What do the "Terms of Use" mean?
These Terms of Service and the other documents referred to herein collectively constitute Dashpoint's "Terms". These Terms constitute a binding agreement between you and Dashpoint that governs your access to and use of the Services and sets out your rights and obligations when using the Services. By using our Services (including browsing a website), you agree to be bound by these Terms. If you do not agree, please do not use or access the Services. If you are using the Services on behalf of a company (for example, your employer), you agree to the Terms on behalf of that company and its affiliates and represent that you have the right to do so. In this case, "you", "your", etc. refer to both that company and yourself.
2.Dashpoint Services and Mission
a.What are Dashpoint's Services?
As part of the services, Dashpoint offers event organisers simple and quick means to create their own event area integrated into our platform app. This allows event organisers to share news, send push notifications and structure events in the calendar. The event participants can then interact with each other in the app using a chat function.
b.What is Dashpoint's task?
Dashpoint is not the creator, organiser or owner of the events offered on the Services. Rather, Dashpoint provides these services, enabling event organisers to manage ticket sales and registration and to structure events using the app. The Organiser is solely responsible for ensuring that any pages it posts to present an Event on the Services (as well as the Event itself) comply with all applicable local, state, regional, national or other laws, rules or regulations and that the goods and services described on the Event page are delivered or performed as described and in a satisfactory manner. The Organiser of an Entry Event shall select and agree with Dashpoint the payment processing method for its Event prior to its creation. Consumers must accept the payment processing method chosen by the Event Organiser. If the payment processing is done by a third party provider in accordance with the method chosen by the event organiser, Dashpoint does not act as a payment processing service; instead, we only transmit the consumer's payment details to the event organiser's processing service.
3.Data protection and consumer information
a.We recognise the importance of your personal information and our responsibilities in relation to that information. Information provided to Dashpoint by users or collected through Dashpoint properties is subject to our Privacy Policy.
b.As a Promoter, you represent, warrant and confirm (a) that, with respect to the information you collect from (or receive about) Consumers, you will comply with all applicable local, state, federal, national and other laws, rules and regulations and (b) that, with respect to the information you collect from (or receive about) Consumers, you will at all times comply with all applicable policies posted on the Services.
4.Term; Termination
a.These Terms will apply from the time you first access the Services and will remain in effect until terminated. Termination by you or Dashpoint is permitted in accordance with Sections 4.2 or 4.3 below. In such event, these Terms will generally cease to apply. However, subject to Section 4.4, some provisions will remain in effect for both you and Dashpoint beyond the term of these Terms.
b.Dashpoint may terminate your right to use the Services at any time (a) if you breach these Terms, (b) if you misuse the Services or use the Services in a manner not intended or permitted by Dashpoint, or (c) if it would violate applicable local, state, federal, national and other laws, rules and regulations or expose Dashpoint to liability if Dashpoint were to continue to provide you access to the Services. Dashpoint may discontinue providing all or any part of the Services, or change or replace any aspect of the Services, at any time. We will use reasonable efforts to notify you if your access to the Services is terminated to the extent that, in our sole discretion, you would otherwise be materially adversely affected in the exercise of your rights. You acknowledge that Dashpoint shall not be liable to you or any third party for any termination of your right to use or access the Services.
c.By deleting your Account, you may terminate your access to the Services and the general applicability of these Terms, unless otherwise agreed between you and Dashpoint under a separate agreement. If you are using the Services as a consumer without an account, the only way to terminate the applicability of these Terms is to never access the Services again. As long as you continue to access the Services, even without an account, these Terms will remain in effect. In the event of a separate agreement governing your use of the Services, upon its termination or expiration, these Terms will apply to your use of the Services (without modification by said agreement).
d.All provisions of these Terms of Service that by their nature should survive termination (including limitations of liability, indemnities, hold-harmless provisions, warranty disclaimers, arbitration provisions, choice of law and venue provisions, and intellectual property and licensing protections) shall survive.
5.Indemnity and Compensation
In this Section, you agree to indemnify Dashpoint to the extent permitted by applicable law in the event that you use the Services in a manner that exposes Dashpoint to legal claims or other damages or demands as set forth herein.
a.Exemption
You hereby agree to indemnify and hold Dashpoint harmless from and against any and all claims for damages (whether for direct, indirect, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known or unknown, arising out of any dispute between you and any third party (including any other User) in connection with the Services or any event listed therein. In addition, you hereby waive any applicable statute or regulation that states, in substance, "A general release shall not affect any claim of which the releasing party does not know or suspect to exist in its favor at the time the release is executed and which, if known by it, would have materially affected its settlement with the released party.
b.Indemnification
You agree to defend, indemnify and hold harmless Dashpoint and its employees from and against any and all claims for damages (whether for direct, indirect, consequential or otherwise), losses, liabilities, costs and expenses (including attorneys' fees and accounting fees in a reasonable amount) that may be incurred by Dashpoint or its employees in connection with the settlement of this Agreement. indemnify you against any claims, demands, actions, legal proceedings (whether in arbitration, court, mediation or otherwise) or third party investigations (each a "Claim") arising out of or related to any of the following: (a) any breach by you of these Terms (including any terms, agreements or policies incorporated into these Terms); (b) your use of the Services in a manner that violates these Terms or any other policies published or provided by us; (c) any violation by you of any applicable local, state, provincial, national or other law, rule or regulation, or any violation by you of the rights of any third party; or (d) any breach by you of these Terms. (d) Dashpoint's collection and remission of taxes; and (e) your hosting of events (including where Dashpoint has provided services in relation to such events), except that in the case of (e), indemnification will not apply to claims arising out of Dashpoint's negligence or wilful misconduct. Dashpoint will provide notice to you in the event of any such claim, provided that your obligations hereunder shall not be limited by any failure or delay by Dashpoint to provide such notice, so long as you are not materially interfered with in the exercise of your rights and obligations by said failure. In addition, in certain circumstances, Dashpoint may decide to settle the matter itself, in which case you agree to cooperate with Dashpoint in any way we request.
6.Disclaimer of Warranties and Assumption of Risks
While we endeavour to provide the Services to meet your requirements, we wish to inform you that we cannot provide any warranty for some contingencies. Notwithstanding any other provision of applicable law, the Services are provided on an "as is" and "as available" basis. Dashpoint expressly disclaims all warranties, express or implied, including the implied warranties of merchantability, title and non-infringement, and fitness for a particular purpose. For example, Dashpoint does not warrant that (a) the Services (or any part of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. You acknowledge that Dashpoint has no control over, and makes no representations about, the quality, security, accuracy or legality of any Event or Event-related Content, the correctness or accuracy of any information provided by Users (including any consumer personal information provided to Event Hosts with respect to Events), or the ability of any User to complete or actually complete any transaction. Dashpoint assumes no responsibility to you for the acts or omissions of any third party upon whom Dashpoint relies to provide the Services, which Event Organisers engage for an Event, or which you engage yourself while using the Services, and hereby disclaims all liability arising therefrom. You acknowledge and agree that some Events involve inherent risks that you voluntarily assume by participating. For example, some Events may involve a risk of injury to health, bodily harm or life that you voluntarily and knowingly assume by participating. The above disclaimers apply to the fullest extent permitted by law. Depending on the jurisdiction, your rights may differ. However, the duration of the warranties required by law is limited to the maximum extent permitted by law.
7.Limitation of liability
a.Notwithstanding anything to the contrary in any applicable law or as set out herein, neither Dashpoint nor any person or entity associated with the provision of the Services by Dashpoint (e.g. Distributors, Strategic Partners or employees) ("Related Parties") shall have any liability to you or any third party for (a) any indirect, incidental, special, consequential, civil or punitive damages under German law, including, without limitation, lost profits, loss of goodwill, loss of use or loss of other intangible property (even if Dashpoint has been advised of the possibility of such damages) or (b) your Content. Other than Dashpoint's obligation to pay Event Registration Fees to certain Event Organisers pursuant to the Merchant Agreement, Dashpoint's maximum aggregate liability is limited to the following:
i.for Event Organisers with Paid Tickets and subject to the terms of the Merchant Agreement: the amount of the fees (less Dashpoint's payment processing fees) underlying your claim; and
ii.for Organisers of free entry only events, consumers or other users: (1) the total amount of all Tickets purchased by you through the Services immediately prior to the occurrence of the circumstances giving rise to your claim; or (2) one hundred euros (€100) if you did not make a purchase.
iii.Nothing herein shall be construed as excluding or limiting any condition, warranty, right or liability which may not be excluded or limited by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for consequential loss or damage, or for loss or damage caused by willful misconduct, negligence, breach of contract or breach of implied terms. Accordingly, only those limitations of liability and other restrictions which are permitted in your jurisdiction will apply to you (if any) and our liability will be limited to the fullest extent permitted by law.
8.IMPORTANT: Binding arbitration and no class actions
Read this section carefully as it affects your rights. Any dispute or claim arising out of these Terms or relating to the Services shall be resolved by binding arbitration or in "small claims court" (to the extent the claim qualifies) and shall be tried individually only; no joint, consolidated or representative arbitrations or civil actions shall be permitted and the parties waive any rights to bring such actions. The parties understand that, absent this binding provision, they would have the right to bring suit in court and have the dispute tried by jury.
a.Contact Us First
If you have any questions or concerns about the Services, contact us first. Our customer service team will try to answer your question or address your concerns.
b.Arbitration Agreement
In the unlikely event that our Customer Service Department is unable to resolve your concerns, the parties (you and us) hereby agree to resolve any dispute or claim arising out of or relating to these Terms, the Services, or our relationship through binding arbitration or in small claims court (to the extent the claim meets the applicable requirements), and exclusively on an individual basis. We further agree not to resolve disputes through joint, consolidated or substitute proceedings under any circumstances. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section - but not any court or federal, state or local government agency - shall have the authority to resolve any dispute or claim relating to this Section, including, but not limited to, the scope, enforceability and arbitrability of these Terms. These Terms shall be deemed evidence of a transaction in interstate commerce; therefore, interpretation and enforcement of this Section 9 shall be governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h).
c.Scope of Agreement
A broad interpretation is intended in this Agreement to Arbitrate. It includes, but is not limited to: (i) any and all claims arising out of or relating to any aspect of the relationship between us, whether based on contract, contractual liability, statute, fraud, misrepresentation or any other theory of liability; (ii) any and all claims arising prior to this or any prior agreement (including, without limitation, claims relating to advertising); and (iii) any and all claims that may arise after termination of these Terms and/or your use of the Services.
d.Exceptions
Notwithstanding this Agreement to Arbitrate, either party shall have the right to (i) individually file suit in small claims court (to the extent the claim meets the applicable requirements) or (ii) assert or have the validity of claims arising out of or related to the theft, piracy or unauthorised use of Intellectual Property examined by the German Patent and Trademark Office at the state or federal level to protect its Intellectual Property Rights. ("Intellectual property rights" refers to patents, copyrights, moral rights, trademarks and trade secrets, but not to data protection and publication rights).
e.No Class Actions
You and Dashpoint agree that each side may assert claims against the other only individually and not as a plaintiff or party in joint, consolidated or representative proceedings. The arbitrator shall not consolidate the claims of more than one person or preside over any form of joint, consolidated or representative proceeding and shall grant relief only to the individual concerned and only to the extent necessary to satisfy that person's valid claims.
f."Dispute Resolution"
If either party wishes to commence arbitration, it must first serve a written notice (the " Dispute Resolution ") on the other party. The Dispute Resolution to Dashpoint must be sent by registered mail to the following address ("Address for Service"): Dashpoint GmbH, Freisinger Landstraße 25, 85748 Garching, Germany. Notice of dispute to you must be sent by registered mail to the respective mailing or payment address shown on Dashpoint's records. If Dashpoint's records do not contain such a physical address, the dispute resolution may be sent to the email address associated with your Dashpoint account. The dispute resolution must state the following: (i) the nature and basis of the claim or dispute; and (ii) the relief sought. If Dashpoint and you do not reach an amicable settlement within sixty (60) calendar days of receipt of the dispute resolution, you or Dashpoint may initiate arbitration.
g.Arbitration
The arbitration shall be governed by the Commercial Arbitration Rules or, if the actions giving rise to the dispute or claim relate to your personal use of the Services (as opposed to business use), the Consumer Arbitration Rules. All issues are to be decided by the arbitrator, including but not limited to issues relating to the scope, enforceability and arbitrability of this Section 9.
h.The place of arbitration shall be Munich
i.Payment of Attorneys' Fees. As with any legal proceeding, each party shall initially bear its own attorneys' fees and costs in connection with any arbitration. In the event that the arbitration decision is substantially in favour of a party, the arbitrator shall, upon request, award such prevailing party its reasonable attorneys' fees and costs incurred in connection with the arbitration.
ii.Special Severability
If the provisions of this Section 9 are held invalid or unenforceable with respect to any dispute or claim, this Section 9 shall be null and void in its entirety with respect to such dispute or claim and Section 24 shall supersede this Section 9.
j.Opt Out
You have the right to opt out of these arbitration and class action waiver provisions by notifying us of your decision by email to legal@Dashpoint.app with the subject line "Opt-out notice of arbitration and class action waiver agreement" (from the email address we associate with you as a user). The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be required to arbitrate disputes in accordance with the terms of these Sections. Note that Dashpoint will also not be bound by these Terms in the event of your opt-out.
9.Licence for the Dashpoint Services
a.Licence for the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use the Services. Your use of the Services must be in accordance with these Terms and any applicable local, state, regional, national or other laws, rules or regulations. In addition, if you use the search features or auto-populate address tools, you are subject to the additional Google Maps/Google Earth Terms of Service (including Google's Privacy Policy).
b.Licence Restrictions
Without prejudice to any other restrictions, limitations or prohibitions (whether in these Terms or elsewhere), you agree that you will refrain, whether directly or indirectly, from (a) copying, modifying, reproducing, translating, localising, porting or otherwise creating derivative works of the Services, in whole or in part, (b) reverse engineering, disassembling the Services (c) rent, lease, resell, distribute or make any unauthorised or improper use of the Services; (d) remove or alter any proprietary notices in the Services; or (e) implement any action that interferes with or disrupts the Services.
c.Dashpoint Intellectual Property Rights and Copyrights.
You acknowledge that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property rights or other proprietary rights and laws. The Site Content is owned by Dashpoint or provided to Dashpoint in part through agreements with third parties. Site Content included in or available through the Services is the exclusive property of Dashpoint and protected by copyright laws. You agree to use the Site Content only for purposes permitted by these Terms and any applicable local, state, federal, national or other laws, rules or regulations. Any rights not expressly granted herein are reserved.
d.Trademarks
Dashpoint's trademarks, service marks and logos used and displayed on the Services (the "Dashpoint Marks") are registered and unregistered trademarks or service marks of Dashpoint. Other company, product and service names used in connection with the Services may be trademarks or service marks of third parties (the "Third Party Marks", together with the Dashpoint Marks referred to as the "Marks"). The offering of the Services shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Services, unless specifically agreed to by Dashpoint in writing for the particular use. The Marks may not be used to disparage Dashpoint, any third party, or Dashpoint's or any third party's products or services, and may not be used in any manner that damages the goodwill associated with the Marks. The use of any Marks as part of a website link is prohibited without Dashpoint's written consent specific to that link. All goodwill arising from the use of the Dashpoint Marks shall belong to Dashpoint. In addition, the Site Content may be protected by copyrights of Dashpoint and/or third parties. Please note that if you copy any portion of the Services, you may be infringing those copyrights.
10.Licences and permits to be obtained by the organiser
As the Event Organiser, you make the following representations and warranties, without limiting the generality of any other representations and warranties in these Terms of Use or elsewhere.
a.You and your affiliates will obtain all necessary licenses, permits and approvals (collectively, "Approvals") with respect to events hosted by you or your affiliates on the Services prior to the commencement of ticket sales. Approvals include, but are not limited to, event permits and fire safety assessments.
b.You and Your Affiliates will comply with all applicable laws, rules, regulations and ordinances and will ensure that the venues of all Events hosted by You and Your Affiliates on the Services comply with them.
c.Without prejudice to the generality of the provisions of these Terms of Use, as an inducement to Dashpoint to allow you to access and use the Services, you agree to indemnify Dashpoint and its employees against all claims for damages (whether for direct, indirect, consequential or otherwise), losses, liability, costs and expenses of every kind and nature, including but not limited to attorneys' fees, known and unknown, arising out of or related to your or your Affiliates' approvals, failure to obtain or renew any such approval, or any error in obtaining or renewing any such approval.
d.Without prejudice to your indemnification obligations under any other provision of these Terms of Use, you agree to defend, indemnify and hold harmless Dashpoint and its employees from and against any and all claims (whether for direct, indirect, consequential or other damages), losses, liabilities, costs and expenses (including reasonable attorneys' fees and accounting fees) arising out of or in connection with the use of the Service, including, without limitation, any claims for damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees and accounting fees) arising out of or in connection with the use of the Service. indemnify, defend and hold harmless you from and against any loss, liability, cost, expense (including attorneys' fees and accounting fees) arising out of or related to your or your Affiliates' approvals, failure to obtain or renew any such approval, or any error in obtaining or renewing any such approval. You further agree to promptly provide, upon Dashpoint's reasonable request, proof of the existence of such approval and related information prior to posting tickets or registrations for events for sale on our App.
11.Prohibition of Web Scraping or Commercial Use of Website Content, as well as App Content.
The Website Content and App Content are not intended for commercial use. You agree that you are not authorised to use Website Content and App Content for your own commercial purposes. You also agree that you are not authorised to extract data from the Website or App through the use of web scraping, web crawling or other automation.
12.Fees and refunds
a.Dashpoint Fees
Account creation, event publishing and access to services are free. However, we do charge for the purchase of our Pro version, which offers significantly more features. The amount of these fees varies depending on the number of users. Ultimately, the organiser decides whether the fees are passed on to consumers and displayed as "fees" on the relevant event page or are included in the ticket or registration price and paid by the organiser out of the gross revenue from ticket or registration sales. The fees charged to consumers may include other charges such as commitment fees, royalties, taxes, handling fees and fulfillment costs. Therefore, the fees consumers are charged for a particular event are not necessarily the same as the standard fees described on the Services or the fees Dashpoint charges to the relevant event organiser. In addition, certain fees, broadly speaking, are intended to cover Dashpoint's costs, and such fees may include a profit element in some cases and a loss element in others. Dashpoint has no control over (and therefore cannot disclose) fees charged by your bank and/or credit card company, such as for purchasing tickets and registrations in foreign currencies or from foreign persons. We therefore recommend that you consult your bank or credit card company before making a transaction to obtain details of all applicable fees, credit card surcharges and exchange rate charges.
b.Refunds
As all transactions are between a Promoter and the respective Participants, Dashpoint encourages all consumers to direct refund requests to the respective Promoter. Detailed information on refunds is available here.
i.As a consumer, upon receipt of a refund, you agree to dispose of the ticket that was sent to you in advance by us or the Event Organiser and not to use that ticket (or a copy thereof) to attend the Event. Any breach of the foregoing provision constitutes an attempt to defraud. You acknowledge that the applicable procedure for verifying the validity of Tickets must be followed in all circumstances. Under no circumstances shall Dashpoint be liable for any costs incurred by Event Organisers as a result of your failure to comply with the applicable ticket validation procedure. Under no circumstances will Dashpoint be liable for any costs and/or damages incurred as a result of ticket fraud and/or the purchase of tickets through unofficial channels (e.g. third party vendors).
ii.As an Organiser, you agree to follow the applicable procedure for checking the validity of Tickets under all circumstances. Under no circumstances will Dashpoint be liable for any costs incurred by Event Organisers as a result of your failure to comply with the applicable Ticket validation procedure. Under no circumstances will Dashpoint be liable for any costs and/or damages incurred as a result of ticket fraud and/or the purchase of tickets through unofficial channels (e.g. third party vendors).
iii.The Event Organiser and therefore creator of the Event may cancel the Event up to the day of the Event and will therefore be refunded the full amount.
13.Your Dashpoint account
You may be required to create an account to access certain features of the Services. You agree to abide by the following rules, among others, when creating a Dashpoint account or using the Services:
a.You must be at least eighteen (18) years of age or the legal age of majority in your jurisdiction to use the Services. If you are 13 or older, you may use the Services only under the supervision of a parent or guardian who will manage your use and/or account. We ask that children under the age of 13 not provide any personal information on Dashpoint.
b.You agree to provide true, accurate, current and complete information ("Registration Data") about yourself or the entity on whose behalf, if any, you are using the Services. You also agree to keep the Registration Data up to date.
c.In the event of a dispute between two or more individuals or entities regarding account ownership, you agree that Dashpoint, in its sole discretion, will resolve such dispute as the sole arbitrator and that Dashpoint's decision (which may include a permanent or temporary suspension of the disputed account) will be final and binding on the parties involved.
d.If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the right to make binding statements on behalf of that entity and to grant Dashpoint all permissions and licenses under these Terms.
e.You may have the ability to grant certain permissions to third parties with respect to your account, including "additional users", "additional accounts", or other users with access data to your account. In this case, you assume sole responsibility for all actions taken under your account (including actions taken by additional users) and must maintain the confidentiality of your password and login credentials accordingly. You also agree that all rules that apply to your account also apply to any third party to whom you grant access to your account.
f.You agree to notify Dashpoint immediately in the event of any unauthorised use of your password or account or any other breach of security. You are responsible for all actions taken under your account (and we may have appropriate liability claims against you).
14.Your Content
a.License
Dashpoint does not claim any ownership of Your Content. However, you are solely responsible for your content. You hereby grant Dashpoint a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish or create derivative works based on Your Content, in whole or in part, in any and all media for the purpose of operating the Services (including Dashpoint's advertising and marketing services, which may include, but are not limited to, promoting Your Event on third-party websites); further, you hereby waive any moral rights with respect to attribution of the name submitted with your Content. Notwithstanding the foregoing, Dashpoint does not claim any ownership interest in Your Content, nor are any rights you may have regarding the use and exploitation of Your Content outside of the Services limited by these Terms of Use.
b.Representations Regarding Your Content
You represent and warrant that you have all the rights, power and authority necessary to grant the license described above and that none of Your Content (a) infringes, violates or misappropriated the rights of any third party, (b) violates any applicable local, state, provincial, national or other law, rule or regulation, or (c) violates our Terms.
c.Other Content Rules
Your Content must be accurate and truthful. Dashpoint reserves the right to remove Your Content from the Services if Dashpoint determines, in its sole discretion, that it violates these Terms or our Community Guidelines, or for any other reason. Dashpoint may use your name and logo (whether or not made available through the Website or App) for the purpose of identifying you as an existing or former customer of Dashpoint, both on the Services and in marketing and promotional materials. We may preserve and disclose your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to (a) comply with legal process, (b) respond to claims that your Content violates the rights of third parties, (c) enforce or enforce these Terms of Service, and/or (d) protect the rights, property, and/or personal safety of Dashpoint, its users, and/or the public (which includes fraud prevention). You acknowledge that the technical processing and transmission of the Services, including Your Content, may require transmissions over different networks and/or changes to accommodate technical requirements regarding network or device connectivity.
15.Rules for the use of the email tools
a.Dashpoint may provide you with features and tools that allow you to contact consumers, other users of the Services or third parties via email (the "Email Tools"). As part of your use of the Email Tools (plus push notifications), you represent and agree:
i.that you have all necessary rights and authority to send emails to the addresses in your recipient list and that these addresses have been collected in accordance with the regulations governing email marketing communications in each recipient's country,
ii.that your emails do not violate any privacy policy under which the recipient email addresses were collected;
iii.that you will use the Email Tools in accordance with all applicable local, state, regional, national and other laws, rules and regulations;
iv.that you are using the Email Tools solely to advertise, promote and/or manage actual events on the Services;
v.that your use of the Email Tools and the content of your emails comply with these Terms;
vi.that you will not include false or misleading information in the headers or subject lines of any email delivered through the Email Tools;
vii.that you will respond promptly and as instructed to consumers to any requests from Dashpoint in relation to updating the relevant consumer's email preferences;
viii.that, where required by law, you include an easily accessible and unconditional link to unsubscribe from your communications in your emails and that you do not deliver emails to recipients who have opted out of your recipient list.
ix.If you breach these Email Tools (plus Push Notifications) Rules, or if your use of them results in an unsubscribe, complaint or unsubscribe rate that exceeds industry standard, or if your emails (or Push Notifications) cause disruption to the Services, Dashpoint may (subject to any other legal or contractual remedies) restrict or suspend your access to the Email Tools (plus Push Notifications).
16.Communications
Notices to you may be delivered by email or post to your address on file with Dashpoint. Notices of changes to these Terms or other information may also be displayed by means of displaying notices or links to such notices to you generally visible on the Services. If you wish to contact Dashpoint or serve a notice, please address it to Dashpoint GmbH, Freisinger Landstraße 25, 85748 Garching, Germany or by email to legal@Dashpoint.app
17. Changes to the terms of use
Dashpoint reserves the right to make changes to these Terms from time to time ("Changes"). We will notify you of changes that we consider material by (a) posting the changes on the Services, (b) updating the date under "Status" at the top of this page, and/or (c) sending you an email or notice of the changes. Material changes will take effect thirty (30) days after the date under "Status" or the date specified in the notice to you. Changes that only affect new features on the Services or do not impose any additional obligations or burdens on you will be effective immediately. You are responsible for informing yourself about and familiarising yourself with any changes. To the extent that you continue to use the Services after the changes become effective, you will be deemed to have accepted the changes and the new version of these Terms. In some circumstances, Dashpoint may make a change to these Terms that affects only you. This type of change must be delivered to you as a document in written or electronic form and signed by you and an authorised representative of Dashpoint. Dashpoint is constantly developing its products and services to better meet the needs of its users. Therefore, we cannot guarantee the availability of certain product features in all circumstances. Dashpoint reserves the right to revise, replace or discontinue any or all of the Services.
18. Rights you grant Dashpoint
By creating an account, you grant to Dashpoint a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other Users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Users).
You guarantee that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you guarantee you have the right to post the Content on the App and grant the license to Dashpoint as mentioned above.
19. Platform rules
By using the Services, you agree that you will not:
a. use the Service for any purpose that is illegal or prohibited by these Terms.
b. spam, solicit money from or defraud any Users.
c. impersonate any person or entity or post any images of another person without his or her permission.
d. bully, “stalk,” intimidate, harass or defame any person (no objectionable content or abusive users are tolerated on our platform)
e. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person's personal information without his or her permission.
f. use another User's account.
g. create another account if we have already terminated your account, unless you have our permission.
20. User generated content
Users may upload and contribute content to the App, such as their location, the location and name of a “hotspot” (a specific place in the city or on the festival terrain where something special is happening), photos, messages and comments. When you upload content, you guarantee that you possess all the necessary rights to use and upload that content, such as copyright and privacy rights, and that your content does not violate rights of third parties, applicable laws and agreements. You agree not to upload any discriminatory, pornographic, violent or any other offensive content to our app. We will not actively monitor the content on the platform uploaded or share by our Users. We can be notified that the content or information is unlawful, violating these Terms or is otherwise inappropriate. If we find that content violates any rights, laws or agreements, we may at our sole discretion and without prior notice to the relevant User disable access to such content, delete such content and/or delete the account of the User responsible for uploading such content.
When we are notified by Users or third parties of a violation of their rights or of applicable laws or agreements in uploaded content we will investigate their claim and take appropriate action depending on our findings. This may also include the aforementioned measures.
21.Assignment
We may freely assign these Terms and our rights and obligations hereunder, without your consent or approval, to an affiliate, in connection with a corporate transaction to another entity, or otherwise.
22.Full Agreement
Notwithstanding anything to the contrary herein, these Terms constitute the entire agreement between you and Dashpoint and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Dashpoint relating to the subject matter of these Terms, except for any separate written Services agreement relating to a specific event or events between you and an authorized representative of Dashpoint.
23. Applicable Law and Jurisdiction
These Terms shall be construed in accordance with the laws of the State of Bavaria, without regard to its conflict of law provisions. They apply anywhere in the world. The place of jurisdiction shall remain Munich, Germany.
24. Feedback
We welcome and encourage feedback, comments and suggestions for improvement regarding the Services ("Feedback"). Feedback submitted by you will be treated as non-proprietary and non-confidential. By submitting your Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such ideas and materials for any purpose and without compensation.
25.Third party websites, linked accounts, third party offers
Links to other websites or resources may be provided on the Services or by Users. Because Dashpoint has no control over such websites and resources, you agree that Dashpoint is not responsible for their availability or assumes no responsibility or liability for any content, advertising, products, services, or other materials on or available from such websites or resources, or any damages or losses associated with them, even if such websites or resources are affiliated with Dashpoint's partners or third party providers. For example, if you purchase ticket insurance from a third party provider on Dashpoint, you are entering into a contractual relationship with the third party provider and not with Dashpoint.
26.Other Provisions
Our failure to enforce any provision hereof shall not be construed as a waiver of our fundamental right to enforce such provision or any other provision of these Terms. No oral waiver, modification or revision of these Terms will be effective. If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be limited in its effectiveness to the extent necessary to give full legal effect to all other provisions. The section headings are for convenience only and have no legal or contractual effect. These Terms of Use do not create any independent contractual relationship, agency or partnership, joint venture or other such relationship. We may freely assign our rights and obligations under these Terms. We may have these Terms translated into other languages to facilitate your understanding. In the event of any conflict between the German version and any translated version, the German version shall prevail.