Terms & COnditions
AGREEING TO THE NOVA TERMS
When you use NOVA, you accept NOVA’S Terms of Service and Privacy & Cookie Policy. We encourage you to read through all the NOVA policies below.
In order to use NOVA’S Services, you agree to NOVA'S:
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Terms of Service: These are a legal agreement between you and NOVA and define your use of NOVA’S Services.
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Privacy Policy & GDPR: We value your privacy, which is why we will only process your personal data as described in our Privacy Policy. We encourage you to also read through the NOVA Subprocessors list.
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Cookie Policy: NOVA uses cookies that help us enhance the platform’s performance. The NOVA cookie policy is included in the Privacy Policy.
We highly encourage you to read the aforementioned documents carefully. In the event that you do not agree to be legally bound by those documents, please do not use the LOA platform.
TERMS OF USE
NOVA (nova-nye.lu) is a basic website with the aim to distribute information related to and promote the festival “NOVA New Year's Eve”. Using NOVA does not require any downloads and can be accessed through your browser from any device.
The NOVA “Terms and Conditions” are described in detail below.
1. INTRODUCTION
These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and NOVA (“NOVA” or “we” and its derivatives). These Terms govern your use of NOVA’s platform at nova-nye.lu (the “Application”). NOVA’s Privacy Policy is referenced in these Terms as well.
By accessing or using the Platform, you confirm that you have the legal right to do so and meet our terms of service.
NOVA is not responsible for the content or practices of Third Party Services. These Terms do not apply to any third-party websites, services, and applications (“Third Party Services”) that you may access through the Platform (e.g. payment processors or other applications). We recommend you carefully review the terms of service of any Third Party Service you access through the NOVA platform. Please see https://www.nova-nye.lu/terms-and-conditions for a full list of subprocessors integrated into NOVA services.
We may change these Terms at any time and will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users.
2. PLATFORM USE
A “Direct User” is an individual who has created an account with NOVA.
An “End User” is an individual who visits nova-nye.lu but who has not registered with NOVA.
When you create an Account, you must provide information that lets us contact you. All personal information that we collect in relation to your Account is subject to our Privacy Policy. Information collected by the payment processor is subject to their policy in place. You agree to keep all Account information accurate, current, and complete for as long as you are using the Platform.
3. NOVA OBLIGATIONS
NOVA will use reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control. This includes but is not limited to Internet service provider failures, denial of service attacks, and other attacks that NOVA cannot stop with its standard security measures. Events beyond the control of NOVA also include events such as natural disasters, fires, government actions, civil unrest.
4. OWNERSHIP
NOVA is the owner of all documentation, rights, titles, and other related property on the Platform.
You and NOVA each retain all documentation, rights, titles, and other related property related to their respective trademarks, logos, name, branding, and equivalent items (“Marks”).
NOVA owns all data related to the NOVA Platform. This data includes the registration and use of the Platform as well as Platform performance data. The latter includes but is not limited to usage statistics, response times, load averages, activity logs (“Usage Information”). Usage Information includes information about NOVA sites and User Content available on NOVA sites. Usage Information does not include any personally identifiable information or End User Information but may include aggregated information derived from Direct User Content.
5. THIRD PARTY MATERIAL
You are responsible for complying with the terms and policies of all Third Party Services applicable to your use of the Platform. NOVA is not responsible for the performance of Third Party Services. NOVA will maintain compatibility of the Platform with Third Party Services accessed via the standard features of the Platform or Add-Ons as part of the support services set forth in these terms.
NOVA may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. NOVA is not responsible for the accuracy or completeness of Third Party Content. If NOVA is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third-party rights, NOVA may remove such Third Party Content without notice.
Some code provided with or accessed via the NOVA Platform is subject to “open source” or “free software” licenses (“OSS”). The list below is not subject to these Terms. Each item of OSS is licensed under the terms of the license associated with such OSS. Please refer to the MIT License available at: https://opensource.org/licenses/MIT.
6. SUBSCRIPTION AND OTHER FEES
A subscription means buying a ticket for the NOVA Festival.
The purchase of NOVA tickets is managed by eventix and its associated brands and partners.
The payment partners eventix have separate terms and policies that you accept upon paying for your tickets.
The use of the designated payment method, such as your credit card or online transaction included in your Account, is governed by your Payment Provider agreement. The NOVA Terms do not govern this use.
By providing your payment information on your NOVA account, you agree that we may invoice you for all fees and charges when they become due without additional notice or consent. Our fees and billing practices may change at any time, which we will inform you about by sending you an email and/or notifying you via your Account. Any change made will not affect pre-paid fees for Services that have not yet been completed.
We integrated Stripe to facilitate our payment services. By paying for tickets on the NOVA Platform, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy and authorize NOVA and Stripe to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions.
7. CONFIDENTIAL INFORMATION
The obligations in this Section will apply during and for five (5) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained. The rest of the terms in this section follow the same confidentiality guidelines stated earlier.
8. TERM AND TERMINATION
These Terms will remain in effect for so long as you access the Platform (the “Term”).
Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate.
9. LIMITATION OF LIABILITY
The Platform is provided “as is” without warranty or representation of any kind. NOVA makes no promises, representations, or warranties with respect to the Platform.
10. INTELLECTUAL PROPERTY INFRINGEMENTS
If you believe that any content on the Platform infringes your intellectual property rights, you may submit an intellectual property right complaint to NOVA as outlined in this section.
11. DISPUTE RESOLUTION
In the unlikely event of a legal dispute, it will take place in Luxembourg courts, applying Luxembourg law.
12. NOVA “DOs” and “DON’Ts”​
You agree to comply with all applicable laws, provide accurate information, and use the services in a professional manner, among other conditions.
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13. MISCELLANEOUS
You may not assign these Terms or any rights or obligations without NOVA’s prior written consent.
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14. CONTACT INFORMATION
For any questions, suggestions, or comments, you can contact us at info@nova-nye.lu or by visiting www.nova-nye.lu.
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15. EVENT LOCATION AND TIMES
By purchasing a ticket to NOVA Festival, you acknowledge and accept that the festival's location and times are subject to change.
16. USE OF PHOTO AND VIDEO MATERIAL
By purchasing a ticket to NOVA, you consent to being photographed or filmed during the event. We reserve the right to use this material for our marketing and promotional activities, both online and offline, without compensation, even if you are identifiable.
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SUBCONTRACTORS
To facilitate the “nova-nye.lu” platform and associated sites, NOVA uses various Subprocessors to provide the NOVA Service as outlined in our [Terms of Service](https://www.nova.lu/terms-of-use-privacy-subprocessors).
NOVA may share your Personal Data with these Subprocessors, which is essential for delivering the NOVA Service. This includes technical support, customer service, data analysis, reporting, and other related activities that enhance our service quality.
Subprocessors can only use your Personal Data as necessary to provide their services to us and must comply with applicable laws and our security policies.
Subprocessors used to facilitate the NOVA Services:
- Stripe
- eventix
- Google Analytics
- Sendgrid
- Brevo
- Google Forms
- Slack
- Firebase
- Facebook
- Instagram
- Tiktok