Terms of Use – Promoters / Festivals / Venues

I. Introductory provisions

I.1 These Terms of Use (hereinafter referred to as the “Terms”) govern the legal relationships arising in connection with the use of the Tootoot service (hereinafter referred to as the “Service”) by Service users at the promoter level and other persons according to these Terms. The Terms also govern the obtaining and use of the Tootoot mobile application (hereinafter referred to as the “Application”), which is one of the tools (channels) by which the Service is used. The Terms also govern the use the Service websites located at www.tootoot.co (hereinafter referred to as the “Service sites”), which are one of the tools (channels) by which the Service is used.

I.2 The Operator of the Service, the Application and the Service sites, is TootooT, s.r.o., with its registered seat at Mickiewiczova 2, 811 07 Bratislava – Staré Mesto, Slovak Republic, ID No.: 46 999 205, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No: 87108/B (hereinafter referred to as the “Operator”).

I.3 Basic principle of the Service and it usage

I.3.1 The principle of the Service is that persons who become Service users (at the fan, artist or promoter level) may, through the Service, express their interest in performance (e.g. concerts) of individual musical performers (e.g. solo artists, bands), by virtually inviting the selected musical performers to carry out performances (hereinafter referred to as “Tootoots”) utilizing the tools for using the Service (e.g. the Application). A Tootoot thus means a virtual invitation made by the Service user addressed to a selected musical artist to carry out a performance in a place, at a time and under other conditions specified by the Service user within this virtual invitation; such invitation can be made (i.e. a Tootoot can be added) only by a Service user (at the fan, artist or promoter level) duly registered for the Service.

Musical performers (hereinafter referred to as “artists”) and promoters (hereinafter referred to as “promoters”) who become Service users can, through the Service, namely through the acquired Tootoots, obtain information about the interest in their performances. Artists and promoters who become Service users may, on the basis of information about the interest in performances of individual artists obtained through the Service, decide to put on performances, for example in places, at times and under other conditions specified in the obtained Tootoots. Artists and promoters are not in any way howsoever bound by the Service users’ interests in the performances of the artists, in particular they are not required to put on or ensure any performance whatsoever on the basis of Tootoots, regardless their number, in places, at times and under other conditions referred to in the obtained Tootoots or in any other places, times and/or under any other conditions. Artists and promoters are therefore entitled, but not obliged, to make use of information about the interest in performances of artists obtained through the Service in any way (e.g. to put on or ensure a performance).

Any information on the interest of Service users in the performance of artists created, provided, received and/or otherwise disclosed through the Service, in particular (but not only) by added or obtained Tootoots, are of purely informative nature and are not binding, either on Service users, artists, promoters or any third person. The Service users are not in any event and in any way bound by the interest in the performance of artists, expressed in any way through the Service, in particular (but not only) by adding Tootoots. Service users are not in any way required, on the basis of added Tootoots, regardless of the number and the data therein (e.g. place, time, etc.), to purchase tickets for the performances of artists (e.g. purchase of tickets for a performance in respect of which they added a Tootoot) or in any other way to attend or participate in the performances of the artists (e.g. organizationally or financially etc.). Therefore, a Tootoot is of purely informative nature and does not bind any Service user (including artist and promoter) who added it to any act, in particular (but not only) to purchase tickets to a performance in respect of which they added a Tootoot, or to any participation in such performance. Similarly, it is not binding either the artist or the promoter to put on or ensure any performance and/or any other act.

Tootoot is not in any way binding on the Operator. The Operator does not assume any obligations, duties or responsibility in connection with the addition of a Tootoot by any Service user (e.g. for putting on performances in respect of which interest has been expressed, for the sale of tickets for a performance, for the number of tickets sold for a performance, for ensuring a performance in a technical, personal, organizational, administrative or any other way etc.). The Operator shall not be in any event and in any way bound by the interest of the Service users in performances of artists expressed in any way through the Service, in particular (but not only) by added Tootoots. The Operator is not in any event and in any way bound by or in any way liable for the decisions of the artists or promoters to put on a performance (including performances put on based on or in connection with the interest expressed through the Service). The Operator is not in any event required to purchase tickets for performances on the basis of added Tootoots, regardless of the number and the information therein (e.g. place, time, etc.), or in any way ensure the replacement of any unsold (not sold out) tickets to performances, or otherwise participate in or contribute to the performances in any way (e.g. organizationally, financially etc.).

I.3.2 The principle of the Service lies also in the fact that artists, promoters, buildings, festivals and labels which will become Service users may use the Service to sell tickets for performances which they have offered for sale through any of the Service tools (e.g. Application). In such case the artists, promoters, buildings, festivals and labels shall have the position of a seller and service provider (in relation to tickets, performances and any other services which may be used based on the tickets), including all legal and liability-related consequences of such position (inter alia liability for defects, the obligation to deal with any complaints, information obligations of the seller, liability for damage, the liability for the performance to be held, for its organization, execution and course, for arranging technical, personnel, organizational and administrative issues in accordance with relevant legal, technical, safety, fire and medical regulations and standards, rights and eligible interests of third parties and communicated features).

On the other hand, persons who will become Service users (at the level of a fan, artist, promoter, building, festival or label) may use the Service to buy tickets from purchasers, as referred to in the previous paragraph, for performances which have been offered for sale through the Service and which are offered for sale at that particular moment through any of the Service tools (e.g. Application). In such case the above-stated Service users shall have the position of purchasers (in relation to tickets, performances and any other services which may be used based on the tickets) with all legal and liability-related consequences of such position.

I.3.3 All offers, sales and purchases of tickets for performances through the Service shall be governed and regulated by principles specified herein, inter alia (unless expressly stated otherwise herein):

  • sellers and providers of services which may be used based on the tickets (e.g. performances) shall be understood as Service users (at the level of an artist, promoter, building, festival or label) who sell ticket/s for performance/s through the Service, while they have offered the ticket/s for sale through any of the Service tools (e.g. Application) (hereinafter referred to as “sellers”); sellers shall also be understood as Service users (at the level of an artist, promoter, building, festival and label) who offer ticket/s for performance/s for sale through the Service, while they have offered the ticket/s for sale through any of the Service tools (e.g. Application) regardless of the fact if at least one ticket has been sold or not;

  • purchasers shall be understood as such Service users (at the level of a fan, artist, promoter, building, festival or label) who buy ticket/s for performance/s through the Service which have been offered for sale through the Service and which are offered for sale at that particular moment through any of the Service tools (e.g. Application) (hereinafter referred to as “purchasers”);

  • all offers, sales and purchases of ticket/s and services which may be used based on the ticket/s (e.g. performance) through the Service as well as provision of such services and fulfilments (e.g. performances, other services which may be used based on the tickets, etc.) shall be carried out between sellers and purchasers who shall also enter into any relevant business, legal and contractual relations and the resulting liability-based relations. Sellers shall have the position of a seller and service provider (in relation to tickets, performances and any other services which may be used based on the tickets), including all legal and liability-related consequences of such position (inter alia liability for defects, the obligation to deal with any claims, information obligations of the seller, liability for damage, the liability for the performance to be held, for its organization, execution and course, for arranging technical, personnel, organizational and administrative issues in accordance with relevant legal, technical, safety, fire and medical regulations and standards, rights and eligible interests of third parties and communicated features). Purchasers and sellers shall comply with all applicable business, organization and similar conditions of a particular performance (e.g. organizer´s instructions, rules of operation of the performance, etc.);

  • performance (event) shall be understood as a performance, concert or other cultural, sport and/or social event (hereinafter referred to as “performance” or “event”); performances are services related to leisure-time activities which sellers undertake to provide at an agreed time or in an agreed period of time;

  • ticket (hereinafter referred to as a “ticket for performance” or a “ticket”) shall be understood as confirmation which entitles its holder to use services which may be used based on the particular ticket with regard to information communicated by the seller through the Service, e.g. use of a performance or of several performances (if a particular ticket entitles the holder to enter and participate in multiple performances, e.g. at a festival, with regard to information communicated by the seller through the Service) and/or to use other services (if a particular ticket entitles the holder to use other services, e.g. parking, refreshment, cloak room, etc., with regard to information communicated by the seller through the Service). Tickets shall not be offered for resale or printed; their duplicates shall not be used in any manner. Any modification, counterfeit, copying and/or other unauthorized treatment of tickets shall give rise to responsibility and rights related to violation of relevant legal regulations, particularly the Civil Code, the Penal Code, the Act on Copyright and Rights Related to Copyright and other relevant regulations. Such action may result inter alia in the obligation to compensate any damage or in criminal-law punishment.

  • any offer, sale and reporting of any receipts from sales of tickets through the Service and any expenditures (costs) incurred in this respect shall be in the exclusively responsibility of sellers (including all their accounting, tax and levy obligations). Sellers shall make sure that they have all rights (inter alia personal rights, copyright and rights related to copyright), entitlements, permissions, decisions and/or other facts which may be required in relation to offering and/or selling tickets through the Service as well as in relation to holding performances and/or providing any other services which may be used based on the tickets (e.g. relevant trade license, if necessary for offering and/or selling tickets through the Service, for holding the performances and/or providing any other services which may be used based on the tickets, etc.). Sellers shall be exclusively liable for using and exercising all rights, entitlements, permissions, decisions and/or other facts as referred to in the previous sentence. The Operator shall not be liable for any entitlement or legal competence of sellers to offer and/or sell tickets through the Service (e.g. for Internet sale of products and/or services) or to hold performances and/or provide any other services which may be used based on the tickets. Sellers shall have the information obligation in relation to purchasers pursuant to relevant legal regulations (inter alia the Civil Code, the Act on the protection of consumers, the Act on the protection of consumers in sale of goods or provision of services under remote contracts, etc.);

  • sellers shall present complete, correct, exact and true information about tickets and services which may be used based on the tickets (e.g. about performances, other services which may be used based on the tickets) which sellers offer and/or sell through the Service, about their qualities, conditions and parameters. Sellers shall not use any deceptive, misleading or otherwise dishonest action or practices or any action or practices which would contradict any legal regulations, decisions of relevant authorities or organizations, good manners, business habits and/or rules of competition.

  • any offers, sales and purchases of ticket/s and services which may be used based on the ticket/s (e.g. performance) through the Service shall be carried out through the Service, in particular through Service tools (e.g. Application, Service web pages) which have the position of a sales channel or a place for sellers and purchasers. The Service, its individual tools (e.g. Application, Service web pages) or the Operator shall not have the position of a seller, service (or fulfilment) provider or purchaser, or a position of an entity transferring any rights (particularly, but not exclusively, ownership rights, copyright, rights related to copyright, etc.) from the seller to the purchaser and/or vice versa in relation to ticket/s or services which may be used based on the ticket/s (e.g. performance) and are offered, sold and/or purchased through the Service, or to any other fulfilments provided by sellers and/or purchasers in this respect, and they thus shall not have any rights and obligations resulting from such position (e.g. liability for damage, etc.). The Service and its tools (e.g. Application, Service web pages) play the role of a sales channel or a place for sellers and purchasers through which they may perform their mutual business relations under conditions specified herein and potentially also conditions of Service use governing the Service use of the Service by Service users at other than the promoter level if one of the Service users entering into a business relation does not have the position of a Service user at the promoter level. The Operator shall arrange performance of selected tasks within business relations of sellers and purchasers which are expressly specified herein and/or in the conditions of Service use governing the Service use by Service users at other than the promoter level, if one of the Service users entering into a business relation does not have the position of a Service user at the promoter / club / festival level (e.g. collecting the purchase price of tickets from purchasers, paying the purchase price of tickets to sellers, etc.). Tickets, performances or services which may be used based on the tickets or any other services offered or provided during performances and/or in relation to them are not Operator´s products or services and the Operator shall not be liable or bear any responsibility for them in any case;

  • sellers shall arrange execution of the performance and provision of services which may be used based on the tickets. The Operator shall not have any obligations, duties or responsibility in this respect (e.g. liability for defects, the obligation to deal with any complaints, liability for arranging technical, personnel, organizational, administrative and any other issues of the performance to be held, services, etc.). Sellers shall be fully liable for holding the performance and providing services in accordance with all relevant general binding legal regulations, technical, safety, fire and medical regulations and standards, rights and eligible interests of third parties and communicated conditions and parameters of the performance and the services. The Operator shall not be liable for any damage or other harm (including non-material harm) which has incurred based on and/or in relation to the performance and/or to related services, particularly based on and/or in relation to its organization, execution, cancellation, postponement, change, the situation when it is not held, its safety, technical, organizational or any other measures, etc..;

  • performances, other services which may be used based on the tickets pursuant to information communicated by sellers through the Service or any information communicated by sellers through the Service (e.g. about tickets, performances, other services, their features, conditions, parameters, etc.) are not systematically checked by the Operator. The Operator shall not be liable to check any performances, other services which may be used based on the tickets pursuant to information communicated by sellers through the Service or any information communicated by sellers through the Service. Nonetheless, the Operator reserves the entitlement (but not an obligation) to check them (e.g. at the Operator´s own discretion, at the motion of a Service user, etc.) and, in cases which the Operator has considered justified at their own discretion, to request and/or perform their modification, change, removal and/or other measures at the Operator´s own discretion;

  • by offering or selling ticket/s, providing service/s which may be used based on the ticket/s (e.g. performance) or in relation to them sellers shall not violate any rights or eligible interests of any person, particularly (but not only) personal rights, copyright, rights related to copyright (e.g. of performers), etc. Sellers shall be fully and solely liable for any real and/or suspected violation and/or any other unauthorized encroachment on the right and/or eligible interest of any person, while the sellers undertake to fully settle any related consequences at their own costs (e.g. to compensate damage, etc.) towards all affected persons (e.g. the Operator, purchasers, third parties). The Operator shall not be liable for any damage or other harm (including non-material harm) which a seller, purchaser and/or any person may incur in this respect.

I.3.4 The Operator is not responsible for the completeness, accuracy or any other parameters of information generated, provided, obtained and/or otherwise disclosed in connection with the Service, in particular (but not only) on the interests of the Service users in the performances of artists obtained by added Tootoots. The Operator is not responsible for the decisions of any persons (e.g. artists, promoters, other Service users, third parties) made on the basis of that information (e.g. decision to put on or not to put on a performance etc.), or for any consequences thereof. The Operator is not responsible for any damage or other harm (including non-pecuniary injury), which any person incurs in this context (e.g. by not selling out a performance put on based on the interest expressed through the Service). The artist’s or promoter’s decision to put on a performance is based on their free will. The performance is ensured by the artist and/or the promoter. The Operator shall not assume in this regard any obligations, duties or responsibility (e.g. for ensuring the performance in a technical, personal, organizational, administrative or any other way). It is the artist’s and/or the promoter’s sole responsibility to put on the performance in accordance with all applicable generally binding legal regulations, rights and legitimate interests of third parties. The Operator is not responsible for any damage or other harm (including non-pecuniary injury) arising out of or in connection with the use of the Service. Moreover, the Operator shall not be liable for any damage or other harm (including non-pecuniary injury) arising out of or in connection with the use of information obtained through the Service. The Operator shall not be obliged to purchase any tickets, provide or arrange compensation for any unsold tickets (or not sold-out tickets) or to otherwise participate in or contribute to execution and/or arrangement of performances (from organizational or financial point of view, etc.).

I.4 The use of the Service is free (i.e. the Services can be used free of charge); this applies without prejudice to any costs which may arise in connection with the use of the Service (e.g. in relation to downloading, installing and/or using the Application, or in relation to viewing and/or using the Service sites – e.g. the cost of access to the internet, the cost of consumed data etc.) which is the full responsibility of and which shall be fully borne by the person who incurred such costs (e.g. Service user, owner or other holder of the mobile device onto which the Application was downloaded, installed and/or on which it was used, etc.).

An exception to the free use of the Service is the use of Service functions that are subject to payment under these Terms; this applies without prejudice to any costs that may arise in connection with the use of such Service functions (e.g. the cost of access to the internet, the cost of consumed data, etc.), which is the full responsibility of and which is fully borne by the person who incurred such costs. The Operator reserves the right to change the payment terms of the use of the Service (e.g. the right to introduce paid Service functions, extend the scope of paid Service functions, etc.).

I.5 The Service can be used by duly registered Service users through the tools for using the Service including the Application (i.e. the Tootoot mobile application) and Service sites (i.e. the www.tootoot.co website). The extent to which the service can be used (e.g. the availability of individual Service functions) may vary in the case of individual tools for using the Services. The Operator reserves the right to make changes, modifications and additions the scope and terms of use of the Service through the use of individual tools for the use of the Service.

I.6 The Application is designed for mobile devices running iOS and Android operating systems. Performance requirements (hardware, software and device settings etc.) for devices on which the Application can be installed may be continuously developed (e.g. by updating the Application); the Operator reserves the right to change these requirements. For the proper functioning of the Application it is required to meet the current performance requirements of the device (hardware, software, device settings, etc.) and install updates of the Application without undue delay. It is necessary to use the Application on a compatible device (e.g. a device running the relevant operating system, compatible with programs and device settings, etc.) and to update it regularly (install updates of the Application without undue delay). The Operator is not responsible for malfunction of the Application installed and/or otherwise placed on any device that is, even a partially, incompatible with the Application, and/or for the malfunction of the Application if not properly updated; the Operator is not liable for any damage incurred in this connection (e.g. damage to the device or the data contained on the device etc.).

I.7 The iOS version of the Application is located for download and installation in the App Store; the Android version of the Application is located for download and installation in the Google Play store. The Application can be obtained from both of these stores (elsewhere referred to as “downloaded”) and installed free of charge; this applies without prejudice to any costs which may arise in relation to the download and installation of the Application (e.g. the cost of access to the internet, the cost of data consumed etc.) which are the full responsibility of and which are fully borne by whoever the Application downloads and installs. Similarly as in the case of download and installation, the use of the Application itself is free; this applies without prejudice to any costs that may arise in relation to the use of the Application which are the full responsibility of and which are fully borne by whoever used the Application. An exception to the free use of Application is the use of Service functions that are paid under these Terms, through the Application; this applies without prejudice to any costs that may arise in relation to such use of the Application, which are the full responsibility of and which are fully borne by whoever used the Application in such a fashion. The Operator reserves the right to change the payment terms of downloading, installing and using the Application (e.g. right to charge for the download of the Application, introduce paid Service functions, extend the scope of paid Service functions etc.).

I.8 Viewing and use of the Service sites is free; this applies without prejudice to any costs which may arise in connection with the viewing or use of the Service sites, which are the full responsibility of which are fully borne by whoever viewed or used the Service sites. An exception to the free use of the Service sites is the use of Service functions which are subject to payment under these Terms through the Service sites; this applies without prejudice to any costs which may arise in relation to such use of the Service sites which are the full responsibility of and which are fully borne by whoever used the Service sites in such a fashion. The Operator reserves the right to change the payment conditions of use of the Service sites.

I.9 When downloading and installing the Applications, it is necessary to observe all the conditions set out by the store from which the Application is downloaded and installed, in particular the terms of use of the respective store and related documents. When downloading, installing, and using the Application, as well as when viewing and using the Service sites, it is necessary to observe all the conditions set out in these Terms.

I.10 The Operator shall not be liable for any damage or other harm (including non-pecuniary injury) arising out of or in connection with the downloading and/or use of the Application or viewing or use of Service sites. The Operator shall not be liable for any damage or other harm (including non-pecuniary injury) arising out of or in connection with the use of information obtained through the Application or through the Services sites.

I.11 The Operator reserves the right to change, modify and supplement the Service, the Application and/or the Service sites, including any parts, components, functions, parameters and conditions thereof.

 

II. Registration for the Service and Service users

II.1 The Service may be used only a person with legal personality and full capacity to legal action. This requirement applies regardless of the particular tool through which the Service is used (the Application, the Service sites).

II.2 A person referred to under Section II.1 hereof may become a Service user at the promoter level by registering for the Service. Registration for the Service of the Service user at the artist level can be completed through the Application (after it was downloaded and installed) by completing the electronic registration form (hereinafter the “Registration Form”) and by its submission into the Service using the Application.

The Registration Form will be made available by clicking on the “SIGN UP FOR FREE!” button and the “PROFESSIONAL ACCOUNT” button. The Registration Form has multiple pages (screens). The first page of the Registration Form can be completed a submitted into the Service directly using the Application’s interface (by completing and submitting the necessary data and by confirming the consent to the Terms) or by the way of a Facebook account or Google+ account of the person making the registration for the Service.

Completion and submission of the Registration Form through a Facebook account takes place by clicking on the “Log in with Facebook” button and after entering and/or confirming the valid Facebook account credentials of the person making the registration for the Service. For the purpose of registration using this method, the person making the registration shall allow their Facebook account to be linked with the Application and with their User Account and User Profile within the Service and allow the Application to receive (or download) data and facts from their Facebook account including the public profile (especially name, profile picture or photograph, and other public information), list of friends and email address. The Application may request permission to manage the Facebook site of the person making the registration. By registering for the Service using this method, the person making the registration permits reception (or download) of data and information in the above extent by the Application from their Facebook account and grants further permits as necessary. The person also certifies that they are entitled to grant such permits, that they do so free of charge, and that the Terms or any other legal regulation, rules governing the use of the Facebook service and rights and legitimate interests of third parties are not violated.

Completion and submission of the Registration Form through a Google+ account takes place by clicking on the “g+” button (Google+) and after entering and/or confirming the valid Google+ account credentials of the person making the registration for the Service. For the purpose of registration using this method, the person making the registration shall allow their Google+ account to be linked with the Application and with their User Account and User Profile within the Service and allow the Application to receive (or download) data and facts from their Google+ account including the public profile (especially name, profile picture or photograph, Google+ ID, age span, language and other public information), list of friends in designated circles and email address. The Application may request permission to send information on the Service user’s activity within the Service to Google and the Service user. The Application may request permission to send information on the Service user’s activity within the Service to further circles of persons as designated by the person making the registration. By registering for the Service using this method, the person making the registration permits reception (or download) of data and facts in the above extent by the Application from their Google+ account and grants further permits as necessary. The person also certifies that they are entitled to grant such permits, that they do so free of charge, and that the Terms or any other legal regulation, rules governing the use of the Google+ service and rights and legitimate interests of third parties are not violated.

Before filling in and submitting the first page of the Registration Form into the Service, the person making the registration shall get duly acquainted with the Terms. The Terms will be at the person’s disposal and will become available for the purpose of getting acquainted therewith inter alia by clicking on the button (or active text) “Terms of use and Privacy Policy” located on the first page of the Registration Form. By filling in and submitting the first page of the Registration Form into the Service (directly using the Applications’ interface, a Facebook account or a Google+ account), the person making the registration confirms that they have been duly acquainted with the Terms and that they fully agree with the Terms, fulfill the Terms and undertake to fully comply with the Terms.

After filling in and submitting the first page of the Registration Form for the Service (directly through the interface of the Application, through a Facebook or Google+ account), the next pages of the Registration Form become available and the person making the registration for the Service may use them to choose a User Profile that they wish to create and to fill in and submit into the Service data and facts required for the completion of the registration for the Service.

The Registration Form must include all required data and facts (i.e. items marked as required). The scope of required data and facts may vary depending on whether the artist is making the registration for the Service as a natural person or as a legal person, as well as whether they are making the registration for the Service as a band or as an independent artist. The artist shall register for the Service in such a way (and the Registration Form must include such data and facts) that the person (entity) authorized to act on behalf of the respective artist at least in a scope necessary for the execution of any and all acts hereunder (e.g. to make a registration for the Service, grant rights, consents, duties and confirmation hereunder, etc.) is identified by the data and facts filled in within the registration for the Service and that the rights or legitimate interest of any person, or the provisions of legal regulations, are not threatened or violated by the data and facts filled in within the registration for the Service.

The Registration Form may also include data and facts which are not necessary to be filled in for the a successful completion of the registration for the Service of the Service user at the artist level (i.e. optional data and facts – e.g. data on the artist’s genre, artist’s history etc.). Such data and facts may have an impact on the layout of the User Account and/or the User Profile of the relevant Service user.

As part of the registration of the Service user for the Service, the person making the registration shall get duly acquainted with the Terms and by filling in the appropriate box (checkbox) located in the Registration Form to confirm that they got duly acquainted with the Terms, that they fully agree with the Terms, fulfill the Terms and undertake to fully comply with the Terms.

The filled in Registration Form (including at least all the required data and facts) may, after getting acquainted with the Terms and confirming consent to the Terms, be submitted into the Service by clicking on the “CONTINUE” button.

To complete the registration for the Service, the Operator may require that the email address filled in and submitted into the Service using the Registration Form be confirmed. The person making the registration for the Service may, after the submission and delivery of the Registration Form into the Service, receive, to their email address filled in and submitted into the Service using the Registration Form, an email containing a link that the person shall clicking on to confirm the validity of the email address filled in and submitted using the Registration Form and their ability to dispose of this email address. The email address should be confirmed by clicking on the link within 24 hours of receipt of the email containing the link to the email address filled in and submitted using the Registration Form. The Operator reserves the right to decide at its sole discretion on how to deal with a registration in respect of which the email address was not confirmed in accordance herewith (e.g. whether to preserve the validity of the registration, revoke the registration, invite the person who made that registration to additional confirmation of email address, etc.).

The Registration Form may also be available through the User Profile or the User Account of the Service user, after logging on to their User Profile and/or User Account. In such a case, the contents of the Registration Form may differ from the contents that the Registration Form normally contains (e.g. it may not include all pages that it normally includes – e.g. the first page of the Registration Form).

II.3 By filling in and submitting and delivering the Registration Form into the Service, the person (entity) identified in the Registration Form becomes a Service user (elsewhere referred to also as the “Service user”). In this particular case, they become a Service user at the promoter level.

II.4 All data and facts that the person making the registration for the Service fills in, provides and/or discloses (both required and optional data and facts) must be complete, correct, accurate and up to date. The person making the registration is fully responsible for all filled in, provided and/or disclosed data and facts being complete, accurate, truthful and up to date and for the right to dispose of them (including personal data, personality rights, copyrights, other rights protected under copyright law and/or other legal regulation). Registration of a Service user for the Service may be performed by a person (entity) fully authorized for such act (i.e. disposing of all authorizations for such act on behalf of the person registered for the Service).

The Operator shall not be liable for any data or facts filled in and submitted into the Service using the Registration Form, or for any other characteristics thereof (e.g. being complete, accurate, truthful, up to date), or for any consequences related to such data or facts filled in and submitted into the Service (e.g. establishment of right and duties, threatening or violation of rights, legitimate interests or legal regulations – e.g. unlawful interference with rights of a person). The registration for the Service of the person identified in the Registration Form as a Service user at the promoter level does not give rise or confirm any liability of the Operator for the data and facts filled in and submitted to the Service using the Registration Form, for any characteristics thereof, or any consequences related to such data and facts filled in and submitted to the Service. In particular, the Operator shall not be liable for any threatening or violation of rights, legitimate interest and/or legal regulation that occurs in connection with the filling in and submitting of incomplete, inaccurate, false and/or outdated data and/or facts into the Service and/or with the filling in and submitting of data and/or facts into the Service by a person lacking full authorization for such an act (e.g. registration for the Service of a Service user at the promoter level without the necessary right to such an act and the consequences connected therewith).

II.5 Data and facts that were filled in, provided and/or disclosed in connection with the registration for the Service, as well as data and facts that were not filled in, provided and/or disclosed in connection with the registration for the Service (in case of optional data and facts) and further data and facts which can be filled in, provided and/or disclosed after the registration for the Service through the Application, can be modified and/or supplemented by the Service user after logging on in their User Account and/or User Profile, using the relevant User Account and/or User Profile function. Change of email address filled in, provided or disclosed in connection with the registration for the Service, as well as change of password to the User Account and/or User Profile, as well as change of other data and facts (e.g. basic identification data of the Service user etc.) may be limited or excluded. All data and facts that Service user modifies and/or supplements after the registration for the Service must be complete, correct, true and up to date. The Service user is fully responsible for all filled in, provided and/or disclosed data and information being complete, accurate, truthful and up to date and for the right to dispose of them (including personal data, personality rights, copyrights, other rights protected under copyright law and/or other legal regulation). The Operator reserves the right to change the scope and categories of data and facts that are required to be filled in, provided and/or disclosed in connection with the registration for the Service, as well as to change the scope and categories of data and facts which may be filled in, provided and/or disclosed after registering for the Service.

II.6 After the registration for the Service at the artist level is made, a User Account and User Profile within the Service is created for the Service user on the basis of data and facts filled in, provided and/or disclosed in connection with the registration for the Service (hereinafter referred to as the “User Account” and “User Profile”).

If the registration of the Service user for the Service is being made by way of an existing User Account (after logging on – using the relevant User Account function), after the registration for the Services is made, only a relevant User Profile, linked to the User Account, is created for the Service user on the basis of data and facts filled in, provided and/or disclosed in connection with the registration for the Service.

II.7 The User Account means the account of the Service user within the Service which inter alia enables the Services user to access and use their User Profile or User Profiles. The Service user may log on to their User Account through the Application by entering the correct User Account credentials. The User Profile is protected by credentials which the Service user filled in, provided and/or disclosed in connection with the registration for the Service. The Service user is required to protect the credentials to the User Account against loss, disclosure and misuse. If anyone logs on to the User Account by entering the correct credentials and performs any action (acts) under the User Profile of the Service user (or under any User Profile of the Service user) linked to the relevant User Account, such action shall be considered as action of the Service user that gives rise to rights and obligations directly assumed by the Service user.

II.8 The User Profile means the profile of the Service user within the Service which serves to identify and designate the Service user within the Service, and which enables the Service user to use the Services itself (use of Service functions etc.). Thus, to use the Services and access the Application, it is necessary to register for the Service and log on to the User Account and/or User Profile. Persons not registered for the Service and persons not logged on to the User Account and/or User Profile can not use most of the Service functions, with the exception of the registration for the Service, logging on to the User Account and/or User Profile and basic viewing of the Service (e.g. Tootoots added by Service users).

II.9 One Service user may, under one User Account, also create and use multiple User Profiles at one, as well as on multiple different levels (at the fan, artist, promoter level) on the basis of a corresponding number of relevant registrations for the Service of the relevant Service user through the User Account. In connection with each registration for the Service, all requirements, limitations, procedures and further conditions laid down by these Terms and/or by other relevant document governing the use of the Service (e.g. by the document “TERMS OF USE OF THE TOOTOOT SERVICE – TERMS FOR FANS” or by the document “TERMS OF USE OF THE TOOTOOT SERVICE – TERMS FOR PROMOTERS”) must be fully fulfilled and complied with. The completion of the registration for the Service (first, second as well as any additional registrations for the Service of the Service user) shall not threaten or violate any rights or legitimate interests of any persons, provisions of legal regulation, provisions hereof or provisions of other relevant documents governing the use of the Service. All data and facts filled in in connection with the registration for the Service must be complete, accurate, truthful and up to date. The person making the registration is fully responsible for all filled in, provided and/or disclosed data and facts being complete, accurate, truthful and up to date and for the right to dispose of them.

II.10 Under one User Account, one User Profile, as well as multiple User Profiles of one Service user, as well as multiple different Service users registered for the Service through the relevant User Account may be created, linked to and used.

Thus, one User Account may be used even by multiple Service users. These include Service users who have been registered for the Service through one User Account and whose User Profiles have thus been linked to the relevant User Account. Each of these Service users is entitled to use their User Profiles linked to the relevant User Account, once logged on to such User Account be entering the correct credentials. The credentials to such User Account are the same for all Service users that have been registered through the relevant User Account and whose User Profiles have thus been linked to the relevant User Account. However, each of the Service users whose User Profiles have been linked to one User Account are authorized to use only the User Profile or only such User Profiles in respect of which they have full authorization (e.g. where they have all authorizations for use). The use of the user profile or the User Profiles linked to one User Account shall not threaten or violate any rights or legitimate interests of any persons (e.g. that of other Service user, third parties, etc.), the provisions of other documents governing the use of the Service (e.g. provisions of the document “TERMS OF USE OF THE TOOTOOT SERVICE – TERMS FOR FANS” or the document “TERMS OF USE OF THE TOOTOOT SERVICE – TERMS FOR PROMOTERS”).

II.11 If one User Account is used by multiple Service users (multiple User Profiles of multiple Service users are linked to it), each of such Service users shall protect the credentials to the relevant User Account against loss, disclosure and misuse. The Service user acknowledges and accepts that if anyone logs on to the User account (and even to an User Account used by multiple Service users) by entering the correct credentials and performs any action (acts) within the User Profile of the Service user (or within any of the User Profiles of the Service user), such action shall be considered as action of the Service user that gives rise to rights and obligations directly assumed by the Service user.

II.12 After logging on to their User Account and User Profile, the Service user at the promoter level can use the Services functions, inter alia, e.g.:

 

1) add Tootoots; track, edit, and delete Tootoots added by them; track Tootoots added by other Service users ;

2) manage their User Profile, e.g. modify or supplement the data and facts on the Service user;

3) track activities and events within the Service, e.g. activities of other Service users within the Service, select Service users the activities of which the Service user wishes to track;

4) create an additional User profile (at the level of a fan, artist or promoter );

5) obtain information, news, offers and other messages about the Service, the Application, the Service sites, the Operator, other Service users, promoters, artists and their performances, etc.;

6) log out from the User Profile.

 

II.13 The Operator reserves the right to decide on the creation of a User Account and/or User Profile (including the right to decide, in the verification process, that they shall not be created or that they shall be deleted) in cases referred to under Sections VI.5 and VI.6 hereof and on the blocking or deletion of the User Account and/or User Profile.

II.14 The Services user acknowledges and accepts that, despite the Operator’s best efforts to ensure continuous and smooth operation of the Service and access of Service users to their User Accounts and/or User Profiles, the Service, the Service sites, the Application, the User Accounts and the User Profiles may not be available all the time, in particular (but not only) in the case of maintenance of hardware and/or software of the Operator and/or third parties (e.g. the Operator’s subcontractors, internet service providers etc.). The Service user is not entitled to any compensation in this relation.

 

III. Adding and managing Tootoots and other Service functions

III.1 After logging on to the User Account and User Profile (hereinafter “logging on to their User Profile”), the Service user may add a Tootoot to an artist whose performance they are interested in. A Tootoot may be added using the form for adding a Tootoot in which it is necessary to fill out the required information. Through their User Profile, the Service user can easily track, edit or remove Tootoots which they added. The addition of a Tootoot may be published within the Service and the information that it has been added may be made available to other Service users and other persons without limitation; the Service user fully and unconditionally agrees to the foregoing.

III.2 After logging on to their User Profile, the Service user can track the activities of other Service users, artists, promoters and other persons within the Service (e.g. the addition of a new Tootoot, addition of a new person whose activities the Service user is wishes to track) using the Follow function. The Service user can choose persons whose activities within the Service they wish to track (they can add and remove such persons). The addition of a person whose activities within the Service the Service user wishes to track, as well as the removal of such person, may be published within the Service and a relevant notification may be made available to other Service users and other persons without limitation; the Service user fully and unconditionally agrees to the foregoing. The Service user’s activities within the Service may be followed using the Follow function by any other Service user; the Service user fully and unconditionally agrees to the foregoing.

III.3 The Service user’s activities within the Services may be published within the Service and a relevant notification on such activities can be disclosed to other Service users and other persons without limitation; the Service user fully and unconditionally agrees to the foregoing.

III.4 After logging on to their User Profile, the Service user may create an additional User Profile (at the level of a fan, artist or promoter). The creation of additional User Profiles is regulated under Article II and the related provisions hereof. The creation and use of additional User Profiles at the fan or promoter level, the use of the Service, the Service Sites and the Application by Service users at the fan and promoter level and legal relationships arising in relation to the use of the Service by Service users at the level of fans and promoters are also governed by special documents intended for individual types of Service users (“TERMS OF USE OF THE TOOTOOT SERVICE – TERMS FOR FANS” and “TERMS OF USE OF THE TOOTOOT SERVICE – TERMS FOR PROMOTERS”).

III.5 Offers, sales and purchases of tickets through the Service.

III.5.1 Having logged in their User Profile, Service users may offer (insert) a performance in the Service in relation to which they will offer and/or sell tickets through the Service as sellers.

Service users shall offer (insert) a performance in the Service by filling in an electronic performance form (hereinafter referred to as the “Performance Form”) and by sending it to the Service through the Service web pages or through the Application. The Performance Form will be made available after clicking on the “CREATE EVENT” button. The Performance Form has several pages (screens).

III.5.1.1 In the Performance Form the Service users as sellers shall fill in (select) the fact if the performance is free of charge or not (i.e. if a fee is to be paid for the performance and for its tickets) and information about the sales channel of the tickets for the performance (i.e. if tickets for the performance will be sold via the Operator´s Tootoot ticketing system which is a part of the Service or via other sales channels of third parties other than the Operator). Such data may be filled in (selected) on the first page of the Performance Form or later on the following pages of the Performance Form.

III.5.1.2 Service users who have filled in (selected) in the Performance Form that the performance is free of charge (i.e. that no fees are to be paid for the performance and its tickets) shall make sure and be liable for the fact that the performance, entrance to or tickets for it and any other services which may be used based on the tickets will not be subject of collecting entrance fees and that no entrance fees or any other payments will be requested or collected (e.g. at the venue, etc.) in relation to entrance to and/or participation in the performance or use (or non-use) of any other services which may be used based on the tickets. Service users who have filled in (selected) in the Performance Form that the performance is free of charge (i.e. that no fees are to be paid for the performance and its tickets) shall also bear in mind and accept without objections that they shall not be entitled to any reward, remuneration and/or compensation of any costs towards Service users or towards the Operator in relation to the offer or any purchase for tickets for the particular performance through the Service (regardless of the fact if they are communicated as sale, purchase, buy, book, etc. within the Service or its tools) or in relation to execution of the particular performance.

III.5.1.3 If Service users have filled in (selected) the Operator´s Tootoot ticketing system which is a part of the Service (hereinafter referred to as the “Tootoot Ticketing System”) in the Performance Form as a sales channel for the tickets for the performance, the tickets for the performance shall be sold through the Service. In such case (i.e. in the case of selecting the Tootoot Ticketing System) the Service and its tools play the role of a sales channel or a place for sellers and purchasers through which they may perform their mutual business relations under conditions specified herein and potentially also conditions of Service use governing the Service use of the Service by Service users at other than the promoter level if one of the Service users entering into a business relation does not have the position of a Service user at the promoter level. In such case the Operator shall arrange performance of selected tasks within business relations of sellers and purchasers which are expressly specified herein and/or in the conditions of Service use governing the Service use by Service users at other than the promoter level, if one of the Service users entering into a business relation does not have the position of a Service user at the promoter level (e.g. collecting the purchase price of tickets from purchasers, paying the purchase price of tickets to sellers, etc.). In such case the Service, its tools or the Operator shall not have the position of a seller, service (or fulfilment) provider or purchaser, or a position of an entity transferring any rights (particularly, but not exclusively, ownership rights, copyright, rights related to copyright, etc.) from the seller to the purchaser and/or vice versa in relation to tickets or services which may be used based on the tickets (e.g. performance, other services) or to any other fulfilments provided by sellers and/or purchasers in this respect, and they thus shall not have any rights and obligations resulting from such position (e.g. liability for damage, etc.). Tickets, performances or services which may be used based on the tickets or any other services offered or provided during performances and/or in relation to them are not Operator´s products or services and the Operator shall not be liable or bear any responsibility for them in any case.

III.5.1.4 If Service users have filled in (selected) other channel than the Tootoot Ticketing System as a sales channel for tickets for the performance in the Performance Form (inter alia by clicking on the “Other ticketing service” button), tickets for the performance shall be sold outside the Service via other sales channels of a third party other than the Operator (hereinafter referred to as a “third party”, e.g. its web pages, payment mechanisms, etc.). In such case (i.e. in the case of selecting other sales channels of third parties other than the Operator) the Service and its tools shall only play a role of a communication channel or a place for third parties, sellers and purchasers, through which the third parties, sellers and purchasers may, at their own responsibility and risk, provide, obtain and spread information about tickets, performances, other services which may be used based on the tickets and about other facts. In such case the business relations, purchases, sales and related consequences take place beyond the Service, its tools and the Operator (e.g. Service users are redirected to web pages of a third party for the purpose of sale and purchase of tickets). All business relations of third parties, sellers and purchasers, offers, purchases, sales and related legal and liability-related consequences (inter alia liability for defects, the obligation to deal with any complaints, information obligations of the seller, liability for damage, the liability for the performance to be held, for its organization, execution and course, for arranging technical, personnel, organizational and administrative issues in accordance with relevant legal, technical, safety, fire and medical regulations and standards, rights and eligible interests of third parties and communicated features) shall be governed by special agreements of third parties, sellers and purchasers entered into based on special documents (e.g. business terms of a third party, business terms of sellers, etc.) without any liability of the Operator. In such case the Operator shall not collect the purchase price of tickets from the purchasers, pay the purchase price of tickets to sellers or perform other related tasks. Service users who have filled in (selected) other channel than the Tootoot Ticketing System as a sales channel for tickets for the performance in the Performance Form shall bear in mind and accept without objections that they are not entitled to any reward, remuneration and/or compensation of any costs towards the Operator in relation to the offer or any purchase of tickets for the performance or in relation to execution of the particular performance. Service users who have filled in (selected) other channel than the Tootoot Ticketing System as a sales channel for tickets for the performance in the Performance Form shall bear in mind and accept without objections that any claim which they may have towards any Service user (e.g. remuneration) may only arise based on a special relation validly entered into with the particular Service user beyond the Service (e.g. through their web pages which the Service user will be redirected to) only in the case when such claim arises from the particular special relation and a document regulating its conditions which the particular Service user has approved. Filing, rejection, any other actions and any communication related to such claim shall always be performed beyond the Service, directly between the affected third party and/or the seller and/or the purchaser, excluding any involvement or liability of the Operator.

III.5.1.5 After filling in the first page of the Performance Form, other pages of the Performance Form will be made available through which Service users shall fill in other data about the performance. All required data and facts shall be filled in the Performance Form. The extent of the required data and facts may differ inter alia depending on the fact if the performance is free of charge or not (i.e. if a fee is to be paid for the performance and for its tickets) and information about the sales channel of the tickets for the performance (i.e. if tickets for the performance will be sold via the Tootoot Ticketing System or via other sales channels of third parties other than the Operator). Data and facts may also be filled in the Performance Form which are not technically required for successful offering (inserting) a performance in the Service (also referred to as “other data and facts”). Other data and facts may have an effect inter alia on the form of the performance inserted in the Service, communicated features, conditions and parameters of the performance, tickets for the performance and the Service user who has inserted the performance in the Service, selected functions of the Service, etc. Service users may be required to fill in other data and facts pursuant to relevant legal regulations (governing inter alia consumer protection, liability for damage, complaints, information obligations, etc.).

III.5.1.6 Service users may send their filled-in Performance Forms (containing at least all required data and facts) to the Service by clicking the “PUBLISH EVENT” button and thus offer (insert) in the Service and disclose within the Service the performance in relation to which they, as sellers, are making the offer and/or selling tickets through the Service. Performance disclosure as referred to in the previous sentence (hereinafter referred to as “performance disclosure”) is necessary for the possibility to offer, sell and/or purchase tickets for the particular performance through the Service which shall be made available only after the performance disclosure. If a Service user has filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance, the performance disclosure shall have the nature of a binding offer of the particular Service user as a seller to sell tickets for the performance through the Service. If Service users have filled in (selected) other channel than the Tootoot Ticketing System as a sales channel for tickets for the performance, the performance disclosure shall only have the nature of information about such performance and about the sale of tickets for such performance beyond the Service through sales channels and tools of a third party (e.g. through web pages of the third party). If Service users have filled in (selected) that the performance is free of charge (i.e. that no fees are to be paid for the performance and its tickets), the performance disclosure shall only have the nature of information about such performance and about the fact that it is free of charge (i.e. that no fees are to be paid for the performance and its tickets) with related consequences pursuant to the present Terms.

III.5.1.7 All data and facts which Service users have filled in, provided and/or disclosed in the Performance Form shall be complete, correct, true and updated and they shall fully comply with all requirements of relevant legal regulations (governing inter alia consumer protection, liability for damage, complaints, information obligations, etc.). Service providers shall be fully liable for completeness, correctness, veracity and topicality of all filled-in, provided and/or disclosed data and facts, their compliance with requirements of relevant legal regulations and the right to use them (including personal data, personal rights, copyright, other rights protected with regard to the Copyright Act and/or other legal regulations). Only persons fully authorized for such action (i.e. those who have all entitlements to perform such action) shall be authorized to offer (insert) performances in the Service.

III.5.1.8 The Operator shall not be liable for any data or facts filled in and sent to the Service through the Performance Form or for any of their features (e.g. completeness, correctness, veracity, topicality, compliance or fulfilment of requirements of relevant legal regulations) or for any consequences related to filling them in and/or their negligence and sending the Performance Form to the Service (e.g. establishment of obligations and liabilities, threatening or violating rights, eligible interests or legal regulations). Disclosure of any performance or of any data or facts filled in and sent to the Service through the Performance Form within the Service or its tools shall not establish or confirm any liability of the Operator for the performance, for such data and facts, for any of their features or for any consequences related to filling them in and sending them to the Service. In particular, the Operator shall not be liable for any threat to or violation of any rights, eligible interests and/or legal relations which has occurred in relation to filling in and sending incomplete, incorrect, false and/or outdated data and/or facts and/or to filling in and sending data and/or facts by a person who is not fully entitled to do so.

III.5.1.9 Any data and facts filled in, provided and/or disclosed in the Performance Form as well as any data and facts which have not been filled in, provided and/or disclosed in the Performance Form (in the case of other data and facts which have not been filled in, provided and/or disclosed directly in the Performance Form) may be amended and/or supplemented by Service users after logging in to to their User Accounts and the User Profiles, even after disclosing the performance. The Operator may restrict or forbid to change any data and facts selected by the Operator. The Operator reserves the right to change the extent and categories of data and facts which are required to be filled in, provided and/or disclosed in the Performance Form or to change the extent and categories of data and facts the filling-in, provision, disclosure, amendment and/or supplementation of which will be possible, restricted or forbidden after the performance has been disclosed. All data and facts which Service users have filled in, provided, disclosed, modified and/or supplemented after the performance has been disclosed shall be complete, correct, true and updated and they shall fully comply with all requirements of relevant legal regulations (governing inter alia consumer protection, liability for damage, complaints, information obligations, etc.). Service providers shall be fully liable for completeness, correctness, veracity and topicality of all such data and facts, their compliance with requirements of relevant legal regulations and the right to use them (including personal rights, copyright, other rights protected with regard to the Copyright Act and/or other legal regulations).

III.5.1.9.1 Service users (in such case at the promoter level) shall bear in mind and accept that if they change performance data consisting in the following after disclosure of the performance in relation to which they have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance:

  1. a change in the venue; or

  2. a change in the performance date; or

  3. a change in the performance content (i.e. a change of the performer if one performer – interpreter is supposed to perform, e.g. a musical band; or at least 1/3 performers if several performers – interpreters are supposed to perform, e.g. musical bands); or

  4. cancellation of the performance,

the Service user who has purchased ticket/s for the performance via the Tootoot Ticketing System prior to such change in the performance data (any change as referred to in (A) through (D) above) shall be entitled (but not obliged) to withdraw from the contract with the Service user (in such case at the promoter level) which was entered into upon the ticket purchase via the Tootoot Ticketing System and to be returned a full purchase price of the ticket/s for the performance which they have paid via the Tootoot Ticketing System.

III.5.1.9.2 Service users (in such case at the promoter level) shall inform the Operator of any change in performance data pursuant to III.5.1.9.1 (A) through (D) hereof prior to its occurrence, in any case not later than 1 hour before its occurrence, by sending an e-mail to support@tootoot.co.

The Operator shall then report the change to all Service users who have purchased their ticket/s for the particular performance via the Tootoot Ticketing System by sending e-mails to the e-mail addresses which the Service users have filled in, provided or disclosed in the Service, not later than 24 hours after delivery of a notification of the change from the Service user as referred to in the previous sentence.

III.5.1.9.2.1 The Operator shall be entitled to ask Service providers to pay a contractual fine amounting to 20% (in words: twenty per cent) of the purchase price of all tickets for the particular performance which have been sold though the Tootoot Ticketing System for every and any violation of obligations of Service users as referred in the first paragraph in III.5.1.9.2 hereof, namely from the moment of the first disclosure of the particular performance (hereinafter referred to as a “Fine”) and the Service user shall pay such Fine. Service users confirm that they consider the amount of the Fine and the form of its calculation as referred to in the previous sentence to be appropriate and they fully agree with them without any objections. The Fine shall be paid by Service users based on a request of the Operator and in the manner as specified in therein. Payment of the Fine shall have no effect on continuation of other Service users’ obligations as specified herein (including any violated obligations and including the obligation of Service users as referred to in the first paragraph of III.5.1.9.2 hereof). Similarly, payment of the Fine shall have no effect on continuation of entitlement to compensation of damage caused by violation of such obligations (including the obligation of Service users as referred to in the first paragraph of III.5.1.9.2 hereof)

III.5.1.9.3 The Service users who have purchased their ticket/s for the performance via the Tootoot Ticketing System prior to occurrence of the change in the performance data as referred to in III.5.1.9.1 (A) through (D) hereof may exercise their entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s as referred to in the paragraph III.5.1.9.1 hereof, not later than 48 hours after a notification of such change was sent by the Operator pursuant to the paragraph III.5.1.9.2 hereof, namely by sending an e-mail to support@tootoot.co, informing about exercising the entitlement, not later than 48 hours after the Operator has sent the notification of such change as referred to in the paragraph III.5.1.9.2 hereof. After expiry of such period the entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s pursuant to the paragraph III.5.1.9.1 and related paragraphs hereof shall cease to exist in its full extent and without any compensation. Service users’ e-mails containing information about exercising the entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s pursuant to the paragraph III.5.1.9.1 and related paragraphs hereof shall inter alia contain:

  1. identification of the User Account and the User Profile of the Service user exercising the entitlement.

  2. their contact e-mail for communication about the matter; and

  3. ticket identification number (or the identification number of all tickets) in relation to which they are exercising the entitlement to withdraw.

III.5.1.9.4 The Service User (in such case at the promoter level) who has disclosed a performance in relation to which the contract has been withdrawn from is herewith expressly entitling the Operator to return (i.e. pay) the full purchase of the ticket/s to the Service user who has duly and timely exercised the entitlement to withdraw from the contract and to be returned a full purchase price of the ticker/s as referred to in III.5.1.9.1 and related paragraphs hereof. Such entitlement shall be granted in the extent of every and all tickets in relation to which the entitlement to withdraw from the contract has been exercised duly and timely.

III.5.1.9.5 Any costs of returning (i.e. paying) a full purchase price of the ticket/s to the Service user who has duly and timely exercised the entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s as referred to in III.5.1.9.1 and related paragraphs hereof shall be fully borne by the Service user (in such case at the promoter level) who has disclosed the performance in relation to which the contract has been withdrawn from (including any fees for bank transfers). The Operator shall be entitled to invoice such costs to the Service user (in such case at the promoter level) who has disclosed the performance in relation to which the contract has been withdrawn from and the Service user shall settle such costs to the Operator in the manner and under conditions as specified therein.

III.5.1.9.6 The Service user who has exercised the entitlement to withdraw from the contract and who has been returned the purchase price of the ticket/s as referred to in the paragraph III.5.1.9.1 and in related paragraphs hereof shall not be entitled to use the ticket (or any of the tickets) in relation to which the entitlement has been exercised to withdraw from the contract and the purchase price of which has been returned, in any manner without limitation (in particular, but not only, by participating in the performance, selling, donating or transferring the ticket/s to any third party in any other manner, etc.). Any unauthorized treatment of tickets shall give rise to responsibility and rights related to violation of relevant legal regulations, particularly the Civil Code, the Penal Code, the Act on Copyright and Rights Related to Copyright and other relevant regulations. Such action may result inter alia in the obligation to compensate any damage or in criminal-law punishment.

III.5.1.10 If Service users have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance, they shall also state the purchase price of the tickets for the performance. Service users may create one or several ticket categories (e.g. for sitting, standing, according to positions in the auditorium (sector), etc.) and they shall specify relevant purchase prices for every ticket category. Purchase prices of tickets are thus determined by the Service users as sellers. Purchase price (also referred to as the “purchase price of the ticket” or the “purchase price”) shall be understood as definite price which the purchaser will pay for the particular ticket category for the performace when purchasing it via the Tootoot Ticketing System. Purchase prices shall already include a value added tax in the legally stipulated amount.

III.5.1.11 After a performance has been disclosed in relation to which the Service user has filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance, the tickets for the performance shall be included in sales through the Service. From that moment, Service users (at the level of a fan, artist, promoter, building, festival or label) may purchase tickets for such performance through the Service. Disclosure of a performance in relation to which the Service user has filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance shall have the nature of a binding offer of the particular Service user as a seller to sell tickets for the performance through the Service.

III.5.2 Tickets for a performance in relation to which the Service user has filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance shall be sold through the Service. In such case the Service and its tools play the role of a sales channel, i.e. a place for the Service user who has offered (inserted) the performance in the Service as a seller and for other Service users (at the level of a fan, artists, promoter, building, festival or label) who wish to purchase ticket/s for the particular performance as purchasers through which they may perform their mutual business relations under conditions as specified herein and potentially also conditions of Service use governing the Service use by Service users at other than the promoter level, if one of the Service users entering into a business relation does not have the positon of a Service user at the promoter level. The Service, its tools or the Operator shall not have the position of a seller, service (or fulfilment) provider or purchaser, or a position of an entity transferring any rights (particularly, but not exclusively, ownership rights, copyright, rights related to copyright, etc.) from a Service user as a seller to a purchaser and/or vice versa in relation to ticket/s or services which may be used based on the ticket/s (e.g. performance) and are offered, sold and/or purchased through the Service, or to any other fulfilments provided by a Service user as a seller and/or a purchaser in this respect, and they thus shall not have any rights and obligations resulting from such position (e.g. liability for damage, etc.). Performances, tickets or services which may be used based on the tickets or any other services offered or provided during a performance and/or in relation to it are not Operator’s products or services and the Operator shall not be liable or bear any responsibility for them in any case. In such case, the Operator shall arrange performance of selected tasks within business relations of Service users as sellers and purchasers which are expressly specified herein and/or in the conditions of Service use governing the Service use by Service users at other than the promoter level, if one of the Service users entering into a business relation does not have the positon of a Service user at the promoter level (e.g. collecting the purchase price of tickets from purchasers, paying the purchase price of tickets to sellers, etc.).

III.5.2.1 Purchasers shall pay the purchase price of the tickets via a payment mechanism – CardPay service provided by Tatra banka, a.s., with its registered office at Hodžovo námestie 3, 811 06 Bratislava 1, company ID: 00 686 930, registered in the Company Register of the District Court of Bratislava I, Section: Sa, File No: 71/B (hereinafter referred to as “Tatra banka, a.s.“). Any purchase price of a ticket successfully paid by a purchaser shall be credited to the Operator’s account involved in the payment mechanism – CardPay service. In this manner purchase prices of tickets are collected by the Operator from purchasers.

III.5.2.2 Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service are expressly authorizing the Operator to collect purchase prices of tickets from purchasers as referred to in III.5.2.1 hereof.

III.5.2.3 Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service shall herewith bear in mind and expressly agree that the Operator shall be remunerated for organizing performance of selected tasks within business relations of the Service user as a seller and other Service users as purchasers which are expressly specified herein and/or in the conditions of Service use governing the Service use by Service users at other than the promoter level, if one of the Service users entering into a business relation does not have the positon of a Service user at the promoter level (e.g. collecting the purchase prices of tickets from purchasers, paying the purchase prices of tickets to sellers, etc.), namely in the amount of 0,50 €, VAT excluded, + 1% bank fee of the final price of every ticket for the particular performance sold via the Tootoot Ticketing System (hereinafter referred to as the “Operator’s Remuneration”). This condition is valid for tickets with final selling price 12.50 € and higher. For tickets of final selling price 12.50 € and less there is a remuneration 4%, VAT excluded, + 1% bank fee of the final price of every ticket for the particular performance sold via the Tootoot Ticketing System (hereinafter referred to as the “Operator’s Remuneration”). The remuneration is valid for events published on 24th January 2018 and later.

III.5.2.4 Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service shall herewith bear in mind and expressly agree that the purchase price of tickets for the particular performance sold via the Tootoot Ticketing System in relation to which the contract has not been withdrawn from as referred to herein shall be paid to them by the Operator after the particular performance has been duly held and after the Operator’s Remuneration as referred to in III.5.2.3 hereof has been deducted (or set off), namely in the period of time, in the manner and under conditions as specified in III.5.2.4.1 through III.5.2.4.4 hereof.

III.5.2.4.1 Not later than five business days after the date when the performance has been duly held the Operator shall issue a settlement for a Service user who has filled in (selected) the Tootoot Ticketing System as a sales channel for the tickets for the performance and shall send it to the particular Service user by e-mail to the e-mail address which the Service user has filled in, provided or disclosed in the Service. The settlement shall contain:

  1. identification of the Service user (through data which the Service user has filled in, provided or disclosed in the Service);

  2. the number of tickets for the particular performance which have been sold via the Tootoot Ticketing System and in relation to which the contract has not been withdrawn from as referred to herein;

  3. the total purchase price of all tickets for the particular performance which have been sold via the Tootoot Ticketing System and in relation to which the contract has not been withdrawn from as referred to herein;

  4. the particular amount of the Operator´s Remuneration as referred to in III.5.2.3 hereof (i.e. information about its particular amount);

  5. any other Operator’s remuneration, costs, expenditures and/or payments for fulfilments the arrangement and/or provision of which the Operator and the Service user have agreed on and which shall be deducted from the purchase price of tickets for the particular performance before it is paid to the Service user (or set off against it);

  6. the bank account number which the purchase price of tickets for the performance sold through the Tootoot Ticketing System and in relation to which the contract has not been withdrawn from as referred to herein, shall be paid to after modifications specified herein, if the Operator has such information. If the Operator does not have such information, the Service user shall provide it to the Operator immediately. The Service user shall be fully liable for completeness, correctness, veracity and topicality of such information. The Operator cannot not be delayed with payment of the purchase price of tickets to a Service user, unless the Operator has duly received information about the bank account of the Service user. Any failure to pay the purchase price of tickets to a Service user in the period as referred to herein due to non-provision or delayed provision of information about the Service user’s bank account to the Operator shall not be understood as a delay of the Operator with payment of the purchase price of the tickets and it shall not give rise to any Operator’s liability based on the delay.

The Operator shall prepare the settlements duly, timely and in accordance with records of ticket sales for the particular performance through the Tootoot Ticketing System which is kept by the Operator. Service users shall send their commentaries regarding the settlement to the Operator not later than five business days after the date when the Service Users have received the settlement to their e-mail address. Any commentaries regarding the settlement shall be justified and sent to the Operator by e-mail to support@tootoot.co. The Operator shall assess any duly and timely delivered commentaries regarding the settlement and make the Service users familiar with the result of their assessment immediately, in any case not later than five business days after they are delivered, namely by an e-mail sent to the e-mail address which the Service users have filled in, provided or disclosed in the Service. Service users shall bear in mind and agree without any objections that the Operator shall not be obliged to assess any later delivered commentaries of Service users regarding the settlement and that any settlement commented on in such manner shall be considered as correct and valid. Service users shall bear in mind and agree without any objections that the date of delivery of any settlement to a Service user shall be understood as the day when the settlement was demonstrably sent to the Service user’s e-mail address which the Service user has filled in, provided or disclosed in the Service and that the date of delivery of commentaries regarding the settlement to the Operator shall be understood as the day when the commentaries were demonstrably sent to the Operator’s e-mail address support@tootoot.co.

The purchase price of tickets for a performance which have been sold through the Tootoot Ticketing System and in relation to which the contract has not been withdrawn from as referred to herein shall be paid to the Service user after the particular performance has been properly held, after deducting (or setting off) the Operator’s Remuneration pursuant to III.5.2.3 hereof and, if agreed upon, any other remuneration of the Operator, their costs, expenditures and/or payments as referred to in e) hereof, in any case not later than five business days after a relevant settlement has been approved. Approval of a settlement as referred to in the previous sentence shall be understood as any express approval of the settlement as well as any vain expiry of a period granted to the Service user to comment on the settlement (e.g. a failure of the Service user to comment on the settlement, Service user’s commenting on the settlement after expiry of the period as specified in the present paragraph hereof, etc.). It is not obligatory to transfer any amount to be collected for sold tickets for a particular performance before the particular performance and other circumstances have been held pursuant to the present Terms to any Service users who have filled in (entered) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service. Service users are expressly waiving the right to use any receipts from the sold tickets until the moment when the performance and other circumstances have been duly held pursuant to the present Terms.

III.5.2.4.2 Service users shall bear in mind and agree without any objections that the Operator’s Remuneration as referred to in III.5.2.3 hereof will be paid to the Operator based on an invoice which the Operator shall issue based on a relevant settlement as referred to in III.5.2.4.1 hereof. The Operator shall issue an invoice and send it to the Service user together with a relevant settlement, and/or immediately after the settlement has been issued and sent to the Service user, by an e-mail sent to the e-mail address which the Service user has filled, provided or disclosed in the Service.

III.5.2.4.3 The Operator agrees that any mutual claims and liabilities of the Operator and Service users shall be set off in an extent as permitted by legal regulations. Service users shall bear in mind and agree that any mutual claims and liabilities of the Operator and Service users shall be set off in an extent as permitted by legal regulations.

III.5.2.4.4 All obligations resulting from relevant provisions of the Act No. 222/2004 Coll. on the Value Added Tax, as amended (hereinafter referred to as “AoVAT”) shall be binding for the Operator and for Service users in the extent of provisions of the Act. Pursuant to provisions of § 71 (1) (b) of the AoVAT, the Operator and Service users agree with issuing, sending and receiving invoices in an electronic form. Both contracting parties shall be entitled to issue and send to the other contracting party and to receive from the other contracting party invoices in an electronic form (hereinafter referred to as “electronic invoices”). The Operator and Service users agree and shall bear in mind that electronic invoices are adequate replacements of paper invoices and that neither contracting party is obliged to send paper invoices to the other contracting party. The Operator and Service users also agree that neither contracting party is obliged to sign electronic invoices with advanced electronic signatures pursuant to a special regulation. Pursuant to provisions of § 71 (1) (b) of the AoVAT, electronic invoices are invoices (tax documents). Either contracting party shall send electronic invoices to the e-mail address of the other contracting party pursuant to the present Terms. The Operator and Service users agree that the delivery date of any electronic invoice to the e-mail address of a particular contracting party pursuant to the present Terms shall be considered as the delivery date of the electronic invoice to the contracting party. In the event of any doubts, the day when an electronic invoice was demonstrably sent to the e-mail address of a particular contracting party pursuant to the present Terms shall be considered as the delivery date of the electronic invoice to the contracting party. The Operator and Service users shall properly save and store electronic invoices pursuant to provisions of § 76 and related provisions of the AoVAT.

III.5.2.5 Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance shall herewith bear in mind and agree without objections that the Operator is entitled to withhold payment of the purchase price of tickets for the particular performance which have been sold via the Tootoot Ticketing System and in relation to which the contract has not been withdrawn from pursuant to the present Terms to any Service user if there are any doubts about proper execution of the particular performance (particularly if the performance has been held properly, in the communicated extent, under the communicated conditions, parameters and qualities, etc.). Service users are herewith expressly authorizing the Operator to withhold the purchase price of tickets for the particular performance until the issue has been investigated and settled. Any withdrawal or a failure to pay the purchase price of tickets to a Service user in the period pursuant to the present Terms for the reason as specified in the present paragraph hereof shall not be understood as a delay of the Operator with payment of the purchase price of the tickets and it shall not give rise to any Operator’s liability based on the delay.

III.5.2.6 Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service shall herewith bear in mind and agree without objections that if the particular performance has not been held, the purchase price of tickets for the particular performance which have been sold via the Tootoot Ticketing System and in relation to which the contract has not been withdrawn from shall not be paid to him. They shall also bear in mind and agree without objections that in such case any Service user who has purchased ticket/s for the particular performance via the Tootoot Ticketing System is entitled (but not obliged) to claim reimbursement of a full purchase price of the ticket/s for the particular performance which they have settled via the Tootoot Ticketing System.

III.5.2.6.1 Service users who have purchased ticket/s via the Tootoot Ticketing System for a performance which has not been held may exercise their entitlement to reimbursement of a full purchase price of the ticket/s as referred to in III.5.2.6 hereof not later than 10 business days by an e-mail containing information about exercising the entitlement delivered to support@tootoot.co within 10 business days. After expiry of such period the entitlement to be returned a full purchase price of the ticket/s pursuant to the paragraph III.5.2.6 and related paragraphs hereof shall cease to exist in its full extent and without any compensation. Service users’ e-mails containing information about exercising the entitlement to be returned a full purchase price of the ticket/s pursuant to the paragraph III.5.2.6 and related paragraphs hereof shall inter alia contain:

  1. identification of the User Account and the User Profile of the Service user exercising the entitlement.

  2. their contact e-mail for communication about the matter; and

  3. ticket identification number (or the identification number of all tickets) in relation to which they are exercising the entitlement to be returned a full purchase price.

III.5.2.6.2 Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service and which has not been held is herewith expressly authorizing the Operator to return (i.e. pay) a full purchase price of the ticket/s to any Service user who has duly and timely exercised their entitlement to reimbursement of a full purchase price of the ticket/s as referred to in III.5.2.6 and related paragraphs hereof. Such entitlement shall be granted in the extent of every and all tickets in relation to which the entitlement to be returned a full purchase price has been exercised duly and timely.

III.5.2.6.3 Any costs of returning (i.e. paying) a full purchase price of the ticket/s to the Service user who has duly and timely exercised the entitlement to be returned a full purchase price of the ticket/s as referred to in III.5.2.6 and related paragraphs hereof shall be fully borne by Service users who have filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance which they have offered (inserted) in the Service and which has not been held (including any fees for bank transfers). The Operator shall be entitled to invoice such costs to such Service user and the Service user shall settle such costs to the Operator in the manner and under conditions specified in the relevant invoice.

III.5.3 Tickets for a performance in relation to which the Service user who has offered (inserted) it in the Service has filled in (selected) the Tootoot Ticketing System as a sales channel for tickets for the performance shall be purchased through the Service.

On the contrary, tickets for a performance in relation to which the Service user who has offered (inserted) it in the Service has filled in (selected) other channel than the Tootoot Ticketing System as a sales channel for tickets for the performance shall be purchased beyond the Service through other sales channels and tools of a third party (i.e. third party other than the Operator, e.g. their web pages, payment mechanisms, etc.). In such case the Service and its tools shall only play a role of a communication channel or a place for third parties, sellers and purchasers, through which the third parties, sellers and purchasers may, at their own responsibility and risk, provide, obtain and spread information about tickets, performances, other services which may be used based on the tickets and about other facts. In such case, the business relations, purchases, sales and related consequences take place beyond the Service, its tools and the Operator (e.g. Service users are redirected to web pages of a third party for the purpose of sale and purchase of tickets). All business relations of third parties, sellers and purchasers, offers, purchases, sales and related legal and liability-related consequences (inter alia liability for defects, the obligation to deal with any complaints, information obligations of the seller, liability for damage, the liability for the performance to be held, for its organization, execution and course, for arranging technical, personnel, organizational and administrative issues in accordance with relevant legal, technical, safety, fire and medical regulations and standards, rights and eligible interests of third parties and communicated features) shall be governed by special agreements of third parties, sellers and purchasers entered into based on special documents (e.g. business terms of a third party, business terms of sellers, etc.) without any liability of the Operator. In such case, the Operator shall not collect the purchase price of tickets from the purchasers, pay the purchase price of tickets to sellers or perform other related tasks. Any Service users who purchase tickets for a performance through other channel than the Tootoot Ticketing System shall bear in mind and accept without objections that they have no entitlement towards the Operator, particularly (but not only) entitlement to compensation of any costs in relation to any offer, purchase or any demand for tickets for the particular performance or in relation to execution of the particular performance. Service users who purchase tickets for a performance through other channel than the Tootoot Ticketing System shall bear in mind and accept without objections that any claim which they may have towards any Service user who has offered (entered) the performance in the Service, filling in (selecting) other channel than the Tootoot Ticketing System as a sales channel for tickets for the performance, may only arise based on a special relation validly entered into with the particular Service user beyond the Service (e.g. through their web pages which the Service user will be redirected to) only in the case when such claim arises from the particular special relation and a document regulating its conditions which the particular Service user has approved. Filing, rejection, any other actions and any communication related to such claim shall always be performed beyond the Service, directly between the affected purchaser and/or the third party and/or the seller, excluding any involvement or liability of the Operator.

III.5.3.1 The Service enables users to purchase tickets for performances offered (inserted) in the Service if the Service user who has offered (inserted) it in the Service has filled in (selected) the Tootoot Ticketing System as the sales channel for the tickets and which are offered for sale (i.e. available) at the particular moment though Service tools (Application, Service web pages).

III.5.3.2 Service users may purchase tickets through the Service after logging in to their User Profiles.

III.5.3.3 To purchase ticket/s through the Service, Service users shall:

  1. log in their User Profile;

  2. select the performance of their choice, to which the tickets may be purchased through the Tootoot Ticketing System (“BUY TICKETS” button appears);

  3. make themselves fully familiar with data and conditions of the particular performance and data and terms of the Service user who has offered (inserted) such performance in the Service;

  4. open an e-form for purchase of tickets (hereinafter referred to as the “Purchase Form”) by clicking the “BUY TICKETS” button;

  5. fill in all required data in the Purchase Form (e.g. choose the sector, number of tickets, etc.; the extent of the required data may differ depending inter alia on conditions of the particular performance);

  6. become duly acquainted with the purchase price of the tickets to be purchased;

  7. become duly acquainted with the present Terms and confirm their full and unconditional agreement with them (by checking a relevant checkbox);

  8. confirm the data and facts filled-in in the Purchase Form by clicking “BUY”; and

  9. after clicking “BUY”, the Service users are automatically redirected to pages of Tatra banka, a.s. to finish their purchase of the tickets, since payment of the purchase price of the tickets is carried out through a payment mechanism – CardPay service provided by Tatra banka, a.s. – by a payment process and under conditions as determined by Tatra banka, a.s. (by filling in the required data and clicking the “SUBMIT” button).

Purchase of tickets is successfully finished by settling the purchase price of the tickets, i.e. successful payment transition performed through a payment mechanism – the CardPay service – and by crediting the Operator’s account involved in the payment mechanism – the CardPay service. In the event of any complications with the purchase of the tickets, it is necessary to contact the Operator on support@tootoot.co.

III.5.3.4 Service users shall be immediately informed of successful termination of their purchase and the Operator shall immediately make sure that the purchased tickets are sent and/or made available to the Service users.

III.5.3.5 After any successful purchase the purchased tickets shall be immediately provided to Service users in the following manner or in the following form:

  1. as the so-called “Hometicket” – hometicket is a method of distribution of tickets exclusively through e-mail addresses where Service users are sent electronic tickets immediately after their successful purchase. Every ticket shall then be printed on a white A4 sheet on a laser printer. Only one ticket shall be printed on one A4 sheet. For the tickets to be accepted, they shall contain the following:

– clearly readable and complete QR code;

– performance name, date, start time, venue, purchase price of the ticket and identification of the purchased place at the performance;

– sale number; and

– identification and tax data of the performance organizer.

  1. as the so-called “Mobile Ticket” – mobile ticket is available immediately after successful finalization of the purchase in the User Profile of the Service user, particularly in the “PURCHASED TICKETS” section.

Mobile Tickets shall contain a clear and complete QR code, performance name, date, start time, venue, purchase price of the ticket, identification of the purchased place at the performance, sale number and identification and tax data of the performance organizer.

Mobile Tickets shall be shown at the entrance to the particular performance. Internet connection is needed to open Mobile Tickets, therefore, we recommend purchasers to verify the Internet connection at the venue prior to entering it, open the Mobile Ticket in advance or use the hometicket form.

III.5.3.5 Every ticket may be used only once, regardless of the fact in how many forms it is provided (or made available, e.g. as a hometicket and Mobile Ticket) to the Service user as a purchaser. Any unauthorized treatment of tickets shall give rise to responsibility and rights related to violation of relevant legal regulations, particularly the Civil Code, the Penal Code, the Act on Copyright and Rights Related to Copyright and other relevant regulations. Such action may result inter alia in the obligation to compensate any damage or in criminal-law punishment.

III.5.3.6 If there is any change in performance data after tickets have been purchased, namely:

  1. a change in the venue; or

  2. a change in the performance date; or

  3. a change in the performance content (i.e. a change of the performer if one performer – interpreter is supposed to perform, e.g. a musical band; or at least 1/3 performers if several performers – interpreters are supposed to perform, e.g. musical bands); or

  4. cancellation of the performance,

the Service user who has purchased ticket/s for the performance via the Tootoot Ticketing System prior to such change in the performance data (any change as referred to in (A) through (D) above) shall be entitled (but not obliged) to withdraw from the contract with the Service user who has offered (entered) the performance in the Service and selected the Tootoot Ticketing System as a sales channel for tickets for such performance which was entered into upon the ticket purchase via the Tootoot Ticketing System and to be returned a full purchase price of the ticket/s for the performance which they have paid via the Tootoot Ticketing System.

III.5.3.6.1 The Service user who has offered (entered) the performance in the Service and filled in (selected) the Tootoot Ticketing System as the sales channel for tickets for such performance shall inform the Operator of any change in performance data pursuant to III.5.3.6.1 (A) through (D) hereof prior to its occurrence, in any case not later than 1 hour before its occurrence, by sending an e-mail to support@tootoot.co.

The Operator shall then report the change to all Service users who have purchased their ticket/s for the particular performance via the Tootoot Ticketing System by sending e-mails to the e-mail addresses which the Service users have filled in, provided or disclosed in the Service, not later than 24 hours after delivery of a notification of the change from the Service user as referred to in the previous sentence.

III.5.3.6.1.1 The Operator shall be entitled to ask Service providers to pay a contractual fine amounting to 20% (in words: twenty per cent) of the purchase price of all tickets for the particular performance which have been sold though the Tootoot Ticketing System for every and any violation of obligations of Service users as referred in the first paragraph in III.5.3.6.1 hereof, namely from the moment of the first disclosure of the particular performance (also referred to as a “Fine”) and the Service user shall pay such Fine. Service users confirm that they consider the amount of the Fine and the form of its calculation as referred to in the previous sentence to be appropriate and they fully agree with them without any objections. The Fine shall be paid by Service users based on a request of the Operator and in the manner as specified in therein. Payment of the Fine shall have no effect on continuation of other Service users’ obligations as specified herein (including any violated obligations and including the obligation of Service users as referred to in the first paragraph of III.5.3.6.1 hereof). Similarly, payment of the Fine shall have no effect on continuation of entitlement to compensation of damage caused by violation of such obligations (including the obligation of Service users as referred to in the first paragraph of III.5.3.6.1 hereof)

III.5.3.6.2 The Service users who have purchased their ticket/s for the performance via the Tootoot Ticketing System prior to occurrence of the change in the performance data as referred to in III.5.3.6 (A) through (D) hereof may exercise their entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s as referred to in the paragraph III.5.3.6 hereof, not later than 48 hours after a notification of such change was sent by the Operator pursuant to the paragraph III.5.3.6.1 hereof, namely by sending an e-mail to support@tootoot.co, informing about exercising the entitlement, not later than 48 hours after the Operator has sent the notification of such change as referred to in the paragraph III.5.3.6.1 hereof. After expiry of such period the entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s pursuant to the paragraph III.5.3.6 and related paragraphs hereof shall cease to exist in its full extent and without any compensation. Service users’ e-mails containing information about exercising the entitlement to withdraw from the contract and to be returned a full purchase price of the ticket/s pursuant to the paragraph III.5.3.6 and related paragraphs hereof shall inter alia contain:

  1. identification of the User Account and the User Profile of the Service user exercising the entitlement.

  2. their contact e-mail for communication about the issue; and

  3. ticket identification number (or the identification number of all tickets) in relation to which they are exercising the entitlement to withdraw.

III.5.3.6.3 The Service user who has exercised the entitlement to withdraw from the contract and who has been returned the purchase price of the ticket/s as referred to in the paragraph III.5.3.6 and in related paragraphs hereof shall not be entitled to use the ticket (or any of the tickets) in relation to which the entitlement has been exercised to withdraw from the contract and the purchase price of which has been returned, in any manner without limitation (in particular, but not only, by participating in the performance, selling, donating or transferring the ticket/s to any third party in any other manner, etc.). Any unauthorized treatment of tickets shall give rise to responsibility and rights related to violation of relevant legal regulations, particularly the Civil Code, the Penal Code, the Act on Copyright and Rights Related to Copyright and other relevant regulations. Such action may result inter alia in the obligation to compensate any damage or in criminal-law punishment.

III.5.3.7 As purchasers, Service users shall bear in mind and accept without objections that it is not possible to withdraw from a contract which was entered into at the moment of a purchase of ticket/s for a performance via the Tootoot Ticketing System for any other reason than expressly specified in the paragraph III.5.3.6 hereof. Performances are services related to leisure-time activities which sellers undertake to provide at an agreed time or in an agreed period of time pursuant to provisions of § 7 (6) (k) of the Act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller and on amending and supplementing certain other acts.

IV. Content Generated by Service users

IV.1 Any content filled in, provided and/or disclosed by a Service user within the Service (e.g. in connection with the registration for the Service, or later on in connection with the use of the Service, through the Application, Service sites, etc.) may not violate or encourage to violate any generally binding legal regulations, the Facebook terms of use, the Google+ terms of use, these Terms, rights and/or legally protected interests of third parties; may not encourage to any activity that may be dangerous or threatening life and/or health, may not circumvent and/or be contrary to rules of decency, good taste and bonos mores, may not contain vulgar, violent, racist or other generally unacceptable content and should not unduly interfere with the rights or legally protected interests of any third party.

IV.2 The Operator reserves the right to remove, without notice and without any compensation, from the Services any content filled in, provided and/or disclosed by the Service user which fails to comply, even marginally or partially, with the conditions set out herein, which may damage the good reputation of the Operator, its products and/or services (including the Service, the Service sites and the Application) and/or the publication and/or dissemination of which within the Service may threaten and/or violate the Operator’s statutory and/or contractual obligations or its rights and/or legitimate interests.

The Operator also reserves the right to request removal, without any compensation, of any content filled in, provided and/or disclosed by a Service user which fails to comply, even marginally or partially, with the conditions set our herein, which may damage the good reputation of the Operator, its products and/or services and/or the publication and/or dissemination of which within the Service may threaten and/or violate the Operator’s statutory and/or contractual obligations or its rights and/or legitimate interests.

IV.3 Each Service user is responsible for all content filled in, provided and/or disclosed by their registration for the Service and/or by using the Service, in particular (but not only) through their User Account and/or User profiles, for their compliance with generally binding legal regulations, rights and legitimate interests of third parties and provisions hereof.

IV.4 By filling in, providing and/or disclosing any content within the Services (e.g. in connection with the registration for the Service, or later on in connection with the use of Service), the Service user grants the Operator consent (license) to use all of such content (including any of its parts and components) in a way at the Operator’s discretion, in particular (but not only) to make copies of the content, publicly disseminate the original content or a copy thereof by sale or other form of transfer of ownership, publicly disseminate the original content or a copy thereof by lease or lending, processing, translation and adaptation of content, include the content in a collective work, publicly display the content, publicly perform the content, publicly broadcast the content, make the content available to the public. Consent is granted free of charge. Consent is granted as non-exclusive (non-exclusive license), without territorial, material and time constraints. The Operator is entitled, up to the scope of the granted consent, to sublicense or assign the license to a third person. The Operator is entitled to disclose the content (including any of its parts and components) to the public, in particular through the Service and tools for using the Service, as well as through mass media (including the internet) and promotional materials. The Service user explicitly excludes, in relation to their content (including any of its parts and components), collective management of rights by the relevant institution of collective management of rights. The Operator is not required to use this consent.

IV.5 By filling in, providing and/or disclosing any content within the Services (e.g. in connection with the registration for the Service, or later on in connection with the use of the Service), the Service user also confirms that no rights or legitimate interests of any third party were violated thereby. In particular, they expressly confirm that they have all rights, consents and confirmations which they granted in accordance with Section IV.4 hereof. The Service user has full responsibility towards third parties in relation with filling in, providing and/or disclosing of any content within the Service, as well as in relation to granting of rights, consents and confirmation under Section IV.4 hereof, including third party claims asserted in connection with the stipulations of the valid legal regulations governing and defining copyright law, protection of personality, personal data, as well as other laws. The Service user shall obtain and settle, at their own cost and responsibility, all necessary rights, consents and confirmations relating to the filling in, provision and/or disclosure of any content within the Service, and to the granting of rights, consents and confirmations under Section IV.4 hereof. Where it becomes apparent that the Service user by their action (or omission) within the Service violated the rights of any third party, in particular copyright or personality rights, the Service user shall be fully liable for such breach, and should the Operator and/or any third party incur any damage and/or other harm in this context, the Service user undertakes to provide full compensation. If it becomes apparent that the Service user’s actions violated the rights of a third party, the Service user shall bear fully responsibility.

IV.6 The Services user acknowledges and agrees that the provisions of Sections IV.1 to IV.5 hereof shall fully apply to any communication carried out by the Service user within the Service (e.g. through the Application), including any posts shared on the Facebook social network and/or within the Google+ service, namely that all communication made by the Service user within the Service, including any posts shared on the Facebook social network and/or within the Google+ service, are subject to all the conditions, requirements and restrictions and all the rights, obligations, consents and certifications shall be granted within the scope and under the conditions referred to in Sections IV.1 to IV.5 hereof.

 

V. Protection of privacy and personal data processing

V.1 By accepting these Terms, the Service user grants their consent for the Operator to process all personal data which the user filled in, provided and/or disclosed to the Operator in connection with the registration for the Service, in connection with modifications and supplementations of data and information made after registration for the Service and/or in connection with the use of the Service, including information on the Service user’s location and the Service user’s activity in connection with the Service (if they have the nature of personal data). The Operator is entitled to process the Service user’s personal data in order to perform relationships, obligations and duties arising in connection with the use of the Service, the acquisition and/or use of the Application, in order to perform the Service, operate the Service, ensure its functions, in order to improve the quality of the Service, the quality of the Application, the quality of the Service sites and/or quality of performance provided in such connection, for the purpose of marketing, presentation, promotion and/or other communication in respect of the Service, the Service sites, the Application, the Operator, its products, services and/or activities, for the purpose of disseminating information, news, messages and offers concerning the same (even by way of electronic communication pursuant to the Act No. 351/2011 Coll. on Electronic communication, as amended), as well as for monitoring, evaluation and use of information on the Service user’s user and consumer behavior. The Operator is entitled to disclose the Service user’s personal data in connection with the Service (e.g. through the Application, e.g. name, surname, image or photo etc. used by the Service user in connection with the Service; information on the Service user’s location and the Service user’s activities in connection with the Service, provided they have the nature of personal data, etc.). The consent is granted voluntarily for indefinite time. The consent may be withdrawn free of charge at any time by email (comprising the withdrawal of the consent to the processing of personal data) delivered to the email address tootoot@tootoot.co. subject to compliance with the restrictions set forth by special regulation and/or restrictions necessary to complete the performance of contractual and/or other relationships, obligations and duties arising out of, or established in connection with, the use of the Service prior to withdrawal of consent. Upon the withdrawal of consent the Service user’s registration for the Service and their User Account and User profile expire, the Service user loses the right of access to the Service, including access to their User Account and User profile, as well as all rights attached to the entry into the User Account and/or User profile (i.e. conditional on logging on to the User Account and/or User profile), and without any claim for compensation. The Operator is authorized to process the Service user’s personal data until the consent to the processing thereof is withdrawn and once withdrawn, it will ensure that they are blocked and disposed of under the AoPoPD; this does not prejudice potential mandatory processing or archiving of personal data based on special regulation. The Service user has, in relation to the processing of their personal data, all the rights set forth, in particular, under Sec. 28 and the related provisions of the Act No. 122/2013 Coll. on the Protection of Personal Data, as amended (elsewhere referred to as “AoPoPD”). The Service user’s personal data may be processed by the Operator using third parties, including parties that are located (with a registered seat or place of business, etc.) outside the territory of the Slovak Republic, especially (but not only) through parent companies, daughter companies and subsidiaries of the Operator and other entities of the Operator’s group (elsewhere referred to as “entities of the Operator’s group”). In this relation, the Service user grants the Operator consent to cross-border transfer of personal data to third countries, including those not ensuring an adequate level of personal data protection. The Operator is entitled to disclose and/or provide the Service user’s personal data to the entities of the Operator’s group, as well as to other third parties in respect of whom the disclosure and/or provision of data is necessary to fulfill the obligations laid down by law and/or decisions of the competent authorities and/or if it is necessary for the performance of relationships, obligations and duties arising in connection with use of the Service, including those located outside the territory of the Slovak Republic. The entities of the Operator’s group to whom personal data will be provided shall be entitled to process the personal data for the purpose, to the extent and conditions specified in the consent to the processing of data under this Article hereof. Further third parties to whom personal data will be provided to fulfill the obligations laid down by the law and/or decisions of the competent authorities and/or in respect of whom the provision of personal data is necessary for the performance of relationships, obligations and duties arising in connection with use of the Service shall be entitled to process personal data for the purposes, under the conditions and to the extent necessary to fulfill the relevant obligations. In that regard, the Service user grants the Operator consent to cross-border transfer of personal data to third countries, including those not ensuring an adequate level of personal data protection. In the same extent and under the same conditions, the Service user grants the Operator consent to the use of all data which the user filled in, provided and/or disclosed to the Operator (in connection with the registration for the Service, in connection with modifications and supplementations of data and information made after registration for the Service and/or in connection with the use of the Service) which do not have the nature of personal data, including information on the Service user’s location and the Service user’s activity in connection with the Service (if they do not have the nature of personal data).

V.2 Part of the consent under paragraph V.1 hereof is also a consent to receive information, news, offers and other messages on the Service, Service sites, Application, Operator, other Service users, Promoters, Artists and their performances etc. at electronic contact points (e.g. email address), which the user filled in, provided and/or disclosed to the Operator in connection with the registration for the Services, in connection with modifications and supplementations of data and information made after registration for the Service and/or in connection with the use of the Service. This consent to receive information shall be granted to the same extent and under the same conditions as the consent to the processing of personal data under paragraph V.1 hereof. The Service user has, is connection with the receipt of information by the means of electronic communication, all rights set forth under Sec. 62 and the related provisions of the Act No. 351/2011 Coll. on Electronic Communications, as amended.

V.3 The Operator undertakes to adopt appropriate measures to ensure the protection of data (including personal data) from unauthorized access by third parties.

V.4 In order to improve the visitors’ user experience, to collect anonymous statistical data on the use of the Service sites and to ensure other tasks, the Service sites use cookie technology. Cookies are miniature files that the server saves on the device of the website visitor when entering websites that employ this technology and/or when using such sites. The cookie files used by Service sites do not damage their visitor’s device, do not allow access to hard drives or other storage devices of such devices and do not enable control of these devices in any way. The Application collects anonymous data.

 

V.5 Cookies, data obtained through the Service sites using cookie technology and anonymous data collected by the Application may be used in particular for the following purposes:

  • facilitating the movement of the visitor of Service sites on the Service sites and the use of their functions such as access to secure parts (sections) of the Service sites;
  • facilitating the movement of the user of the Application and the use of its functions;
  • anonymous collection of information about how the visitors of the Service sites uses the Service sites, e.g. which pages are visited most often, how much time the visitor spends viewing the Service sites; these cookies are used in particular to improve the functioning and functionality of future versions of the Service sites;
  • anonymous collection of information about how the Service users use the Application;
  • anonymous collection of technical information about the device from which the Service sites are visited, e.g. information about the browser type and version, operating system type and version, type and version of the device from which the Service sites are visited; such information is used mainly to improve user experience and to improve the functioning and functionality of future versions of the Service sites;
  • anonymous collection of technical information about the device on which the Application is used, e.g. information about the device type and version, operating system type and version;
  • anonymous collection of statistical data about the use of the Service sites and anonymous collection statistical data about the use of the Application;
  • use of Google Analytics and/or similar services;
  • retention of data on choices, selections and Service sites settings applied by the visitors of the Service sites, e.g. selection of language;
  • retention of data on choices, selections and Application settings applied by the Service users;
  • advertising, marketing and other communication purposes.

V.6 By using the Service sites, the visitor grants the Operator consent to use cookie technology and data obtained through the Service sites using cookie technology for the purposes specified under paragraph V.5 hereof. As such consent is also considered setting a web browser or another program through which the Service sites are visited in such a way that the cookie technology is not blocked (settings that do not block or prohibit the use of the cookie technology or settings that directly allow the use of cookie technology, activation of the cookie technology).

V.7 In the case of refusal to use cookies and data obtained through the Service sites using the cookie technology for the purposes specified under V.5 hereof, the visitor of the Service sites may block the cookie technology using the appropriate settings of the web browser or another program through which they visit the Service sites (the visitor may set the web browser or another program to block or prohibit (disallow) the use of the cookie technology|. Blocking the cookie technology, however, may limit or prevent access to, and/or the functionality of, some Service sites and/or parts thereof (sections) and/or limit or prevent some of the standard functions which they provide.

V.8 By using the Application, the Service user grants the Operator consent to the collection anonymous data and to the use thereof for the purposes set out under paragraph V.5 hereof.

 

VI. Final provisions

VI.1 These Terms shall enter into force and effect as of the day of their publication on the Service sites (www.tootoot.co).

VI.2 The Operator reserves the right to modify or change the text of these Terms. Change of the Terms shall enter into force and become effective as of the day of its publication on the Service sites (www.tootoot.co), unless another (later) day of entry into force and effectiveness is explicitly stated. The Service users shall be informed about the change of the Terms in appropriate manner (e.g. by publishing a notification on the change of the Terms on the Service sites, by the Application and/or in another appropriate manner).

VI.3 All legal relationships arising out of and/or in connection with the use of the Service shall be governed by the laws of the Slovak Republic, particularly by the Act No. 40/1964 Coll. Civil Code, as amended. Any disputes arising in connection with the Service and/or use of the Service and/or existence, validity, content, interpretation and/or implementation of these Terms shall be preferably resolved by out-of-court settlement; if these disputes fail to be resolved by out-of-court settlement, they shall be subject to the jurisdiction of the competent courts of the Slovak Republic. The Operator reserves all rights to the Service, Service sites and the Application.

VI.4 By registering for the Service, the Service user expresses their full and unconditional agreement with these Terms and undertakes to fully comply with them.

VI.5 In the case of suspected fraudulent, speculative and/or any other unlawful action on the side of the Service user and/or other person acting through the User Account and/or User profile of the Service user, including acting contrary to or circumventing these Terms, generally binding legal regulations and/or bonos mores, the Operator is entitled to block and in some case even delete the User account and/or User profile concerned. The Service user hereby loses the right of access to their User profile, as well as all rights bound to the access to the User Account and/or User profile (or subject to logging on to the User Account and/or User profile), and without any claim for compensation.

VI.6 The Service user is entitled, subject to the limitations necessary for the completion of the performance of contractual and/or other relationships, obligations and duties arising in connection with the use of the Service prior to performing the act of the Service user which leads to the deletion of the Service user’s User Account and/or User profile, ask the Operator, at any time, to delete their User Account and/or User profile, namely in the form of email containing a request for deleting the User Account and/or User profile of the concerned Service user and/or withdrawal of their consent to process personal data of the concerned Service user delivered to the email address tootoot@tootoot.co. Such email and request contained therein must be written in Slovak or English. Based on such email, the Operator shall delete the User profile of the concerned Service user. By deleting the User Account and/or User profile, the registration of the Service user in the Service expires, the Service user loses the right of access to the Service, including access to their User Account and/or User profile, as well as all rights bound to the access to the User Account and/or User profile (or subject to logging on to the User Account and/or User profile), and without any claim for compensation.

VI.7 Blocking or deleting the User Account and/or User profile, regardless of the method and reasons for its blocking or deleting, does not affect further duration of acknowledgments and obligations under paragraphs VI.3 and VI.4 hereof granted or arising prior to the User Account and/or User profile being blocked or deleted, which continue to exist in full extent despite this fact.

VI.8 If any provision of these Terms shall be deemed invalid or unenforceable, such provision shall be invalid only in the affected and to the narrowest extent possible, whereas its remaining part, meaning and impact, as well as other provisions of the Terms, remain valid. In such case, it is necessary to proceed in a way so as the purpose of the provisions deemed unenforceable or invalid is respected as much as possible and is legally binding in a form enabling its legal enforceability.

To read these Terms of Use for Promoters in Slovak language, please click here.

In Bratislava, on February 25, 2015