1. PREAMBLE AND ACCEPTANCE OF TERMS
These Terms and Conditions of Use (hereinafter the "Terms" or "T&Cs") govern the use of the mobile application "Blyxo Party" (hereinafter the "Application" or the "Service"), developed and operated by Blyxo Party (hereinafter "we", "our", "us" or the "Publisher").
By accessing, downloading, installing or using the Application, you acknowledge that you have read, understood and fully accepted these Terms in their entirety. If you do not accept these terms, you must not use the Application and must immediately uninstall it from your device.
Your use of the Application implies your full and complete acceptance of these Terms, as well as our Privacy Policy and our Cookie Policy, which form an integral part hereof. These documents may be modified at any time, and your continued use of the Application after such modifications constitutes your acceptance of the new terms.
2. DEFINITIONS
For the purposes of these Terms, the following terms have the meaning indicated below:
- "Application": means the mobile application "Blyxo Party" available on iOS and Android platforms, as well as all its components, features, associated services and updates.
- "User": means any natural or legal person who accesses, downloads, installs or uses the Application, whether registered or not.
- "Account": means the account created by a User to access the features of the Application.
- "Content": means all elements, information, data, texts, images, videos, files, messages, communications and other materials generated, uploaded, shared or transmitted via the Application by Users or by the Publisher.
- "Event": means any party, gathering or event created, organized, managed or promoted via the Application.
- "Personal Data": means any information that directly or indirectly identifies a User.
3. ACCESS AND REGISTRATION
3.1. Access conditions
Access to the Application is reserved for persons of legal age or minors who have obtained authorization from their legal representatives. By using the Application, you declare and warrant that you are of legal age or that you have obtained the necessary authorization from your legal representatives.
The Publisher reserves the right to refuse access to the Application to any person who does not meet these conditions or for any other legitimate reason, without prior notice or justification.
3.2. Account creation
To use certain features of the Application, you must create an account by providing accurate, complete and up-to-date information. You agree to:
- Provide truthful, accurate, complete and up-to-date personal information when creating your account and when making any subsequent updates;
- Maintain and promptly update your account information to keep it accurate, complete and up-to-date;
- Not create an account in the name of another person without their express authorization;
- Not create multiple accounts to circumvent restrictions or limitations of the Application;
- Not use false names, pseudonyms or fictitious identities, except within the limits authorized by the Application to preserve your privacy.
3.3. Authentication methods
The Application offers several authentication methods, including but not limited to:
- Registration and login by email and password;
- Login via third-party services (Google, Apple);
- Two-factor authentication (2FA) by email or authentication application.
The Publisher does not guarantee the permanent availability, security or error-free operation of these authentication methods. The Publisher reserves the right to modify, suspend or interrupt any authentication method at any time, without prior notice or liability.
3.4. Account security
You are solely responsible for the confidentiality and security of your account, your username, your password and any authentication code. You agree to:
- Choose a strong and unique password, not used on other services;
- Never disclose your password or authentication codes to anyone;
- Immediately notify the Publisher of any unauthorized use of your account or any security breach;
- Log out of your account at the end of each session, especially on shared devices;
- Take all necessary measures to protect your device against any unauthorized access.
The Publisher shall not be held liable for any loss, damage or harm resulting from unauthorized use of your account, whether such use is due to your negligence, a security breach on your part, or any other cause beyond the Publisher's control.
4. USE OF THE APPLICATION
4.1. License to use
Subject to your compliance with these Terms, the Publisher grants you a personal, non-exclusive, non-transferable, revocable and limited license to download, install and use the Application on your personal devices, solely for personal and non-commercial purposes.
This license does not grant you any ownership rights in the Application or its components. All rights not expressly granted by these Terms are reserved to the Publisher and its licensors.
4.2. Use restrictions
You agree not to use the Application in a manner that:
- Violates any applicable law, regulation, ordinance or directive, local, national or international;
- Infringes intellectual property rights, property rights, privacy rights or any other right of the Publisher or third parties;
- Transmits, publishes, distributes, stores or destroys Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, fraudulent, deceptive, invasive of others' privacy, or otherwise objectionable;
- Impersonates any person or entity, including but not limited to, a representative of the Publisher, or makes false statements regarding your affiliation with a person or entity;
- Collects, stores or transmits personal information about other Users without their explicit consent;
- Uses the Application to send unsolicited communications, spam, chain letters, or unauthorized promotional or advertising communications;
- Uses the Application in a manner that disrupts, disables, overloads or damages servers or networks connected to the Application, or violates the regulations, policies or procedures of such networks;
- Attempts to gain unauthorized access to the Application, other Users' accounts, computer systems or networks connected to the Application, through hacking, password mining or any other means;
- Uses robots, scripts, spiders, scrapers or other automated means to access the Application or collect information from the Application without prior written authorization from the Publisher;
- Reproduces, duplicates, copies, sells, resells or commercially exploits any part of the Application, access to the Application, or use of the Application, without prior written authorization from the Publisher;
- Modifies, adapts, translates, creates derivative works, disassembles, decompiles, reverse engineers or attempts to extract the source code of the Application or any part thereof;
- Uses the Application to create, organize, promote or participate in illegal, dangerous or harmful activities;
- Uses the Application to harass, intimidate, threaten or harm other Users or third parties;
- Uses the Application in a manner that violates intellectual property rights, publicity rights, privacy rights or any other right of the Publisher or third parties.
4.3. Application features
The Application offers various features, including but not limited to:
- Profile management: creation and modification of user profile, including profile photo, description, relationship status, gender, privacy preferences;
- Social system: friend search, sending and receiving friend requests, friend list management, synchronization with phone contacts;
- Events: creation, organization, promotion and management of events (parties, gatherings), invitations, participation, event geolocation;
- Messaging: real-time communication between Users via private chat, group messages, message notifications;
- Geolocation: use of location services to find nearby events, share your location with other Users;
- Notifications: receipt of push notifications regarding events, messages, friend requests, and other activities related to the Application;
- Multimedia: upload, sharing and display of photos, images and other multimedia content;
- Marketing and communications: receipt of marketing communications, newsletters, promotions and other information from the Publisher (subject to your consent).
The Publisher reserves the right to modify, add, remove or suspend any feature of the Application at any time, without prior notice or liability. The Publisher does not guarantee that all features will be permanently available, will function without error, or will meet your specific expectations.
5. USER CONTENT
5.1. Content ownership and responsibility
You retain all ownership rights in the Content you create, upload, publish, transmit or share via the Application (hereinafter "User Content"). By submitting User Content to the Application, you declare and warrant that:
- You own the User Content or have all necessary rights, licenses, consents and authorizations to use and authorize the Publisher to use the User Content in accordance with these Terms;
- The User Content does not violate, infringe or will not violate intellectual property rights, property rights, privacy rights, publicity rights or any other right of the Publisher or third parties;
- The User Content does not contain viruses, Trojan horses, worms, logic bombs or other harmful or destructive elements;
- The User Content is not illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, fraudulent, deceptive, invasive of others' privacy, or otherwise objectionable;
- The User Content does not contain personal information of other persons without their explicit consent;
- The User Content does not contain advertising, commercial solicitation, spam, chain letters or unauthorized promotional communications.
5.2. License granted to the Publisher
By submitting User Content to the Application, you grant the Publisher, its subsidiaries, partners and service providers, a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free and free license to:
- Use, reproduce, distribute, display, perform, modify, adapt, publish, translate, create derivative works and exploit the User Content, in whole or in part, in all formats and media now known or hereafter developed, for the purposes of operating, promoting and improving the Application and associated services;
- Use your name, pseudonym, image, voice and likeness in connection with the promotion and advertising of the Application, in all media and formats, without additional compensation;
- Store, archive, index and organize the User Content in the Publisher's systems.
You waive any moral right or similar right you may have in the User Content to the extent permitted by applicable law.
5.3. Content moderation and removal
The Publisher reserves the right, but has no obligation, to monitor, review, modify, refuse to publish or delete any User Content, at any time, for any reason, including but not limited to, if the User Content violates these Terms, is illegal, harmful, offensive, or for any other reason deemed appropriate by the Publisher at its sole discretion.
The Publisher does not guarantee that it will review or monitor all User Content. The Publisher shall not be liable for any User Content, any loss or damage resulting from User Content, or your interaction with other Users.
6. EVENTS AND LIABILITY
6.1. Event creation and organization
The Application allows Users to create, organize, promote and manage events. By creating or organizing an event via the Application, you declare and warrant that:
- You have the right and legal authority to create and organize the event;
- The event is legal and complies with all applicable laws, regulations and ordinances;
- You will comply with all legal, regulatory and contractual obligations related to organizing the event, including but not limited to, obtaining all necessary permits, licenses, authorizations and insurance;
- You are solely responsible for all aspects of the event, including but not limited to, security, health, welfare and safety of participants, legal compliance, risk management, and resolution of any dispute or claim.
6.2. Event participation
By participating in an event created or organized via the Application, you acknowledge and accept that:
- Your participation is at your own risk;
- The Publisher is not responsible for the organization, management, security, legality or any other aspect of the event;
- The Publisher does not guarantee the accuracy, completeness, truthfulness or reliability of information provided by event organizers;
- You are solely responsible for your safety, health, welfare and behavior during the event;
- You must comply with all applicable laws, regulations and rules, as well as rules and guidelines established by the event organizer;
- The Publisher shall not be liable for events organized by third parties, participant behavior, or risks related to participation in events.
6.3. Limitation of liability regarding events
The Publisher acts solely as a technical platform enabling Users to create, discover and participate in events. The Publisher is not an organizer, promoter, sponsor, partner or participant in any event, unless expressly indicated otherwise.
The Publisher does not guarantee, represent or warrant:
- The accuracy, completeness, truthfulness, legality or security of any event;
- The quality, safety, legality or compliance of any event with applicable laws and regulations;
- The capacity, competence, reliability or solvency of any event organizer;
- That any event will proceed as planned, will be secure, or will meet your expectations;
- That you will not suffer any harm by participating in an event.
The Publisher disclaims all liability regarding:
- Events organized by third parties, participant behavior, and risks related to participation in events;
- Any dispute, claim, legal action or other proceeding between Users regarding an event;
- Any violation of law, regulation or ordinance by an event organizer or participant;
- Incidents occurring during an event;
- Any cancellation, modification, postponement or interruption of an event for any reason.
7. GEOLOCATION AND LOCATION DATA
7.1. Use of geolocation
The Application may collect, use, store and share precise or approximate location information from your device, including GPS coordinates, IP address, and other location data, to provide and improve the features of the Application, including:
- Searching and displaying events near your location;
- Sharing your location with other Users when you participate in an event;
- Improving user experience and developing new features;
- Personalizing content and recommendations based on your location.
By using the Application and enabling location services, you expressly consent to the collection, use, storage and sharing of your location data in accordance with our Privacy Policy.
7.2. Location sharing
The Application may allow sharing your location with other Users, particularly when you participate in an event. By sharing your location, you acknowledge and accept that:
- Your location may be visible to other Users according to the privacy settings you have chosen;
- The Publisher does not control and is not responsible for how other Users use your location;
- You share your location at your own risk;
- The Publisher shall not be liable for any damage, loss, harm or other consequence resulting from sharing your location.
7.3. Accuracy and reliability
The Publisher does not guarantee the accuracy, precision, reliability, availability or completeness of location services, location data, or location-based information provided by the Application. Location services may be affected by factors beyond the Publisher's control, including but not limited to, weather conditions, interference, technical limitations, GPS errors, or restrictions imposed by your device or operating system.
8. MESSAGING AND COMMUNICATIONS
8.1. Chat and private messages
The Application enables real-time communication between Users via private messages and group chats. By using the Application's messaging features, you acknowledge and accept that:
- You are solely responsible for the content of all messages you send via the Application;
- You must not use messaging to send illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, fraudulent, deceptive, or otherwise objectionable content;
- The Publisher reserves the right to monitor, review, modify, refuse to transmit or delete any message, at its sole discretion, without prior notice or liability;
- The Publisher does not guarantee the confidentiality, security, delivery, receipt or storage of your messages;
- The Publisher shall not be liable for any damage, loss or harm resulting from the use of messaging, including but not limited to, loss of messages, delivery delays, transmission errors, or unauthorized access to your messages.
8.2. Marketing communications
By accepting these Terms and consenting to receive marketing communications, you agree to receive emails, push notifications, SMS and other communications from the Publisher regarding:
- Promotions, special offers, events and other commercial opportunities;
- Newsletters, updates and information about the Application and its features;
- Transactional and operational communications necessary for the operation of the Application.
You may withdraw your consent to receive marketing communications at any time by modifying your preferences in the Application settings or by following the unsubscribe instructions provided in the communications. Withdrawal of your consent will not affect the validity of communications sent before withdrawal of your consent.
9. PUSH NOTIFICATIONS
The Application may send you push notifications regarding events, messages, friend requests, Application updates and other information. By enabling push notifications, you consent to receiving these notifications.
You may disable push notifications at any time via your device or Application settings. The Publisher does not guarantee the delivery, receipt or operation of push notifications, and shall not be liable for any damage, loss or harm resulting from failure to deliver, delayed delivery, or failure to deliver push notifications.
10. CONTACTS AND CONTACT DATA
The Application may request access to your phone contacts to enable you to find friends who also use the Application. By granting access to your contacts, you:
- Consent to the Application accessing, reading, processing and using your contact information for the purposes of this feature;
- Acknowledge that the Publisher may compare phone numbers from your contacts with phone numbers registered by other Users to identify matches;
- Understand that your contact information may be transmitted to the Publisher's servers for processing, but that the Publisher will only store phone numbers necessary for the friend search feature;
- Warrant that you have the right and authorization to grant access to these contacts and that you have informed the concerned persons of the use of their information in accordance with applicable data protection legislation.
You may revoke access to your contacts at any time via your device settings. The Publisher shall not be liable for any damage, loss or harm resulting from the use of your contacts or access to your contacts by the Application.
11. INTELLECTUAL PROPERTY
11.1. Application ownership
The Application, including but not limited to, its source code, object code, structure, organization, design, user interface, graphics, logos, icons, images, texts, features, algorithms, databases, trademarks, trade names, and all other elements, are the exclusive property of the Publisher or its licensors, and are protected by copyright, trademark, patent, trade secret and other intellectual property laws.
No provision of these Terms grants you any ownership right in the Application or its components. All rights not expressly granted by these Terms are reserved to the Publisher.
11.2. Restrictions
Without prior written authorization from the Publisher, you must not:
- Reproduce, copy, duplicate, sell, resell or commercially exploit the Application or any part thereof;
- Modify, adapt, translate, create derivative works, disassemble, decompile, reverse engineer or attempt to extract the source code of the Application;
- Remove, alter or conceal any copyright, trademark or other proprietary notice appearing on or in the Application;
- Use robots, scripts, spiders, scrapers or other automated means to access the Application or collect information from the Application;
- Use the Application or its features for unauthorized commercial, advertising or promotional purposes.
12. PERSONAL DATA PROTECTION
12.1. Data collection and processing
The Publisher collects, processes and uses your Personal Data in accordance with its Privacy Policy, which forms an integral part of these Terms. By using the Application, you consent to the collection, processing and use of your Personal Data in accordance with the Privacy Policy.
Personal Data collected is necessary for the operation of the Application and includes notably your identification, profile, location, usage, technical and communication information, in accordance with our Privacy Policy.
12.2. Data use
The Publisher may use your Personal Data to:
- Provide, maintain, improve and personalize the Application and its features;
- Process your transactions, respond to your requests and communicate with you;
- Send you marketing communications, promotions and information (subject to your consent);
- Analyze Application usage, develop new features and improve user experience;
- Detect, prevent and resolve technical problems, fraud, abuse, security breaches or violations of these Terms;
- Comply with legal, regulatory and contractual obligations;
- Share with third-party service providers, business partners and other entities, in accordance with the Privacy Policy.
12.3. Data sharing
The Publisher may share your Personal Data with:
- Other Users of the Application, in accordance with your privacy settings and Application features;
- Third-party service providers who help the Publisher operate the Application, provide services, analyze data, send communications, or perform other business activities;
- Business partners, advertisers and advertising networks, subject to your consent and in accordance with the Privacy Policy;
- Government authorities, law enforcement agencies or other third parties if the Publisher believes disclosure is necessary to comply with law, regulation, ordinance or judicial process, protect the rights, property or security of the Publisher, Users or other third parties, or respond to an emergency.
The Publisher does not sell your Personal Data to third parties for direct marketing purposes without your explicit consent.
12.4. Data security
The Publisher implements reasonable technical, administrative and physical security measures to protect your Personal Data against unauthorized access, disclosure, alteration, destruction or loss. However, no method of transmission over the Internet or electronic storage is completely secure. Therefore, the Publisher cannot guarantee absolute security of your Personal Data.
You acknowledge and accept that you use the Application and transmit your Personal Data at your own risk. The Publisher shall not be liable for any unauthorized access, disclosure, alteration, destruction or loss of your Personal Data, except in case of gross negligence or willful misconduct on the part of the Publisher.
12.5. Your rights
In accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) and applicable national laws, you have certain rights regarding your Personal Data, including:
- The right to access your Personal Data;
- The right to rectification of your inaccurate or incomplete Personal Data;
- The right to erasure of your Personal Data under certain circumstances;
- The right to restriction of processing of your Personal Data;
- The right to data portability of your Personal Data;
- The right to object to processing of your Personal Data under certain circumstances;
- The right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before withdrawal.
To exercise these rights, you may contact the Publisher at the contact details provided in the "Contact" section of these Terms. The Publisher will respond to your request within the timeframes provided by applicable legislation.
13. AVAILABILITY AND SERVICE INTERRUPTION
The Publisher strives to keep the Application available and functional 24 hours a day, 7 days a week. However, the Publisher does not guarantee that the Application will be permanently available, without interruption, without error, without defect or without delay.
The Publisher reserves the right, at any time and without prior notice, to:
- Modify, suspend, interrupt or stop the Application or any part thereof, temporarily or permanently;
- Perform maintenance, update, error correction or improvement operations on the Application;
- Restrict access to the Application or certain features for certain Users or in certain regions;
- Remove, modify or add features, content or services.
The Publisher shall not be liable for any damage, loss or harm resulting from unavailability, interruption, suspension, modification or cessation of the Application or any part thereof, for any reason, including but not limited to, technical failures, errors, bugs, security attacks, natural disasters, acts of war, acts of terrorism, strikes, social conflicts, or any other event beyond the Publisher's control.
14. LIMITATION OF LIABILITY
14.1. Warranty exclusion
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, OR CONTINUITY.
THE PUBLISHER DOES NOT WARRANT THAT:
- THE APPLICATION WILL OPERATE WITHOUT ERROR, WITHOUT INTERRUPTION, WITHOUT DEFECT OR WITHOUT DELAY;
- THE APPLICATION WILL BE SECURE, FREE OF VIRUSES, MALWARE, TROJAN HORSES, WORMS OR OTHER HARMFUL ELEMENTS;
- RESULTS OBTAINED BY USING THE APPLICATION WILL BE ACCURATE, RELIABLE, COMPLETE OR SATISFACTORY;
- ALL ERRORS OR DEFECTS WILL BE CORRECTED;
- THE APPLICATION WILL MEET YOUR SPECIFIC NEEDS, EXPECTATIONS OR REQUIREMENTS;
- THE APPLICATION WILL BE COMPATIBLE WITH YOUR DEVICE, YOUR OPERATING SYSTEM OR YOUR THIRD-PARTY SOFTWARE.
14.2. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER, ITS SUBSIDIARIES, PARTNERS, SERVICE PROVIDERS, LICENSORS, EMPLOYERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY THE "EXONERATED PARTIES") SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF CUSTOMERS, LOSS OF REPUTATION, LOSS OF BUSINESS OPPORTUNITIES, OR ANY OTHER FINANCIAL OR NON-FINANCIAL DAMAGE, RESULTING FROM OR RELATED TO:
- YOUR USE OR INABILITY TO USE THE APPLICATION;
- ANY INTERRUPTION, SUSPENSION, MODIFICATION OR CESSATION OF THE APPLICATION;
- ANY ERROR, DEFECT, BUG, VIRUS, MALWARE OR OTHER HARMFUL ELEMENT IN THE APPLICATION;
- ANY LOSS, ALTERATION, DELETION OR UNAUTHORIZED ACCESS TO YOUR DATA, YOUR USER CONTENT OR YOUR INFORMATION;
- ANY COMMUNICATION, MESSAGE OR INFORMATION TRANSMITTED VIA THE APPLICATION;
- ANY EVENT CREATED, ORGANIZED, PROMOTED OR MANAGED VIA THE APPLICATION;
- EVENTS ORGANIZED BY THIRD PARTIES, PARTICIPANT BEHAVIOR, AND RISKS RELATED TO PARTICIPATION IN EVENTS;
- ANY BEHAVIOR, ACTION OR INACTION OF OTHER USERS;
- ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR YOUR INFORMATION;
- ANY SECURITY BREACH, HACKING, CYBER ATTACK OR UNAUTHORIZED ACCESS TO THE PUBLISHER'S SYSTEMS;
- ANY FAILURE, ERROR OR INTERRUPTION OF THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO, GEOLOCATION SERVICES, PUSH NOTIFICATION SERVICES, THIRD-PARTY AUTHENTICATION SERVICES, OR PAYMENT SERVICES;
- ANY INCOMPATIBILITY BETWEEN THE APPLICATION AND YOUR DEVICE, YOUR OPERATING SYSTEM OR YOUR THIRD-PARTY SOFTWARE.
14.3. Financial liability limit
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE PUBLISHER AND THE EXONERATED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, HARM OR CLAIMS RESULTING FROM OR RELATED TO YOUR USE OF THE APPLICATION SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO THE PUBLISHER FOR USE OF THE APPLICATION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED (100) EUROS, WHICHEVER IS HIGHER.
THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL BASIS, AND EVEN IF THE PUBLISHER OR THE EXONERATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.4. Legal exclusions
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE PUBLISHER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Publisher, its subsidiaries, partners, service providers, licensors, employers, agents and representatives (collectively the "Indemnified Parties") from and against all claims, demands, actions, proceedings, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) resulting from or related to:
- Your use of the Application or your violation of these Terms;
- Your User Content or your violation of intellectual property rights, property rights, privacy rights or any other right of the Publisher or third parties;
- Your creation, organization, promotion or management of an event via the Application;
- Your participation in an event created or organized via the Application;
- Your violation of any applicable law, regulation, ordinance or directive;
- Your behavior, action or inaction that causes damage, loss or harm to the Publisher, other Users or third parties.
The Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you must cooperate with the Publisher in asserting any available defense.
16. TERMINATION
16.1. Termination by you
You may terminate your account and cease using the Application at any time, for any reason, by deleting your account via the Application settings or by contacting the Publisher at the contact details provided in the "Contact" section.
Termination of your account will result in deletion of your access to the Application and your account features. However, certain information may be retained by the Publisher in accordance with applicable legislation and the Privacy Policy.
16.2. Termination by the Publisher
The Publisher reserves the right, at its sole discretion and without prior notice or liability, to suspend, disable or delete your account and refuse you access to the Application, in whole or in part, for any reason, including but not limited to:
- Your violation of these Terms, the Privacy Policy or any other policy or rule of the Publisher;
- Your fraudulent, abusive, illegal or otherwise objectionable behavior;
- Your use of the Application in a manner that violates the rights of the Publisher or third parties;
- Prolonged inactivity of your account;
- Request from a government authority or law enforcement agency;
- Cessation of operation of the Application or substantial modification of the Application;
- Technical, security or operational reasons.
16.3. Consequences of termination
Upon termination of your account or your access to the Application:
- Your right to use the Application will immediately cease;
- The Publisher may delete or disable your account, your profile and your User Content;
- The Publisher may retain certain information in accordance with applicable legislation and the Privacy Policy;
- The provisions of these Terms that, by their nature, must survive termination, will continue to apply after termination, including but not limited to, sections concerning intellectual property, limitation of liability, indemnification, and applicable law.
17. MODIFICATIONS TO THE TERMS
The Publisher reserves the right to modify these Terms at any time, at its sole discretion, without prior notice. Modifications will take effect upon their publication on the Application or on the Publisher's website.
It is your responsibility to regularly consult these Terms to become aware of modifications. Your continued use of the Application after publication of modifications constitutes your acceptance of the modified Terms.
If you do not accept modifications made to the Terms, you must cease using the Application and delete your account. The Publisher may require you to re-accept the modified Terms before continuing to use certain features of the Application.
18. APPLICABLE LAW AND JURISDICTION
These Terms are governed by and construed in accordance with French law, without regard to conflict of law principles.
Any dispute, controversy or claim arising out of or relating to these Terms, the Application, or your use of the Application, shall be submitted to the exclusive jurisdiction of the competent French courts, except for mandatory provisions of applicable law to the contrary.
If you reside in a country of the European Union, you also benefit from the rights conferred by the legislation of your country of residence, and you may bring an action before the courts of your country of residence for any violation of these rights.
19. GENERAL PROVISIONS
19.1. Entire agreement
These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between you and the Publisher regarding your use of the Application, and supersede all prior or contemporaneous agreements, communications, representations and warranties, written or oral, regarding the Application.
19.2. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable by a competent court, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the extent permitted by applicable law, and the other provisions of these Terms shall remain in full force and effect.
19.3. Non-waiver
The fact that the Publisher does not exercise or enforce a right or provision of these Terms does not constitute a waiver of such right or provision. No waiver of a right or provision will be effective unless made in writing and signed by the Publisher.
19.4. Assignment
You may not assign, transfer or subcontract your rights or obligations under these Terms without prior written authorization from the Publisher. The Publisher may freely assign, transfer or subcontract its rights or obligations under these Terms without your consent.
19.5. Relationship between parties
Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and the Publisher. You have no authority to act on behalf of the Publisher or bind the Publisher in any way.
20. CONTACT
For any question, concern, claim or request regarding these Terms, the Application, or your Personal Data, you may contact the Publisher at the following contact details:
Email: contact@blyxoparty.com
For any request regarding your personal data (access, rectification, erasure, portability, restriction of processing, objection) or for any account deletion request, please contact us at the following address: contact@blyxoparty.com
The Publisher will endeavor to respond to your request as soon as possible, in accordance with applicable legislation.
21. ACCEPTANCE
By clicking "I accept" or by using the Application, you acknowledge that you have read, understood and fully accepted these Terms in their entirety, the Privacy Policy and the Cookie Policy. If you do not accept these conditions, you must not use the Application.
Effective date: These Terms enter into force from their acceptance by the User and remain in force until their termination in accordance with the provisions of these Terms.