TERMS AND CONDITIONS

LOA (loa.lu) is a basic website with the aim to distribute information related to and promote the festival “Luxembourg Open Air”. Using LOA does not require any downloads and can be accessed through your browser from any device.

The LOA “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 LOA (“LOA” or “we” and its derivatives). These Terms govern your use of LOA’s platform at loa.lu (the “Application”). LOA’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.
LOA 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 LOA platform. Please see https://www.loa.lu/terms-of-use-privacy-subprocessors for a full list of subprocessors integrated in LOA 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 LOA
An “End User” is an individual who visits loa.lu but who has not registered with LOA.
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 so long as you are using the Platform.

3. LOA OBLIGATIONS

LOA 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 LOA cannot stop with its standard security measures. Events beyond the control of LOA also include events such as natural disasters, fires, government actions, civil unrest.

4. OWNERSHIP

LOA is the owner of all documentation, rights, titles and other related property on the Platform.
You and LOA each retain all documentation, rights, titles and other related property related to their respective trademarks, logos, name, branding, and equivalent items (“Marks”).
LOA owns all data related to the LOA 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 LOA sites and User Content available on LOA 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.
LOA is not responsible for the performance of Third Party Services. LOA 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 in these terms.
LOA may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. LOA is not responsible for the accuracy or completeness of Third Party Content. If LOA is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, LOA may remove such Third Party Content without notice.
Some code provided with or accessed via the LOA Platform are 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. “Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”

6. SUBSCRIPTION AND OTHER FEES

A subscription means buying a ticket for the LOA Festival.
The purchased of LOA tickets is managed by SeeTickets and its associated brands and partners.
The payment partners SeeTickets 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 LOA Terms do not govern this use.
By providing your payment information on your LOA account, you agree that we may invoice you for all fees and charges when they become due to us 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 e-mail and/or notifying you via your Account. Any change made will not affect pre-paid fees for Services that have not yet been completed.
“Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers. Sales Tax is automatically calculated and added to all orders where applicable.
We integrated Stripe to facilitate our payment services. By paying for tickets on the LOA Platform, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/privacy and authorise LOA 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.

“Confidential Information” refers to any and all documents, correspondence and memoranda, and all financial, technical, IT, strategic, intellectual property, production, commercial, marketing, customer and similar information concerning the business, operations, premises and affairs of LOA and you that will be provided to you and LOA and the respective Representatives, marked or identified as “confidential” or with a similar designation or confidential by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, related Documentation, and Usage Information is LOA Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

Prior to any disclosure required by law, the Receiving Party will promptly, unless otherwise prohibited by law from so doing, notify the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy. The Receiving Party shall bear the burden of demonstrating the applicability of any of the exceptions set forth in this Section.
- Each party will:
- only use Confidential Information to fulfill its obligations hereunder;
- only provide access to Confidential Information on an “as-needed” basis to its personnel, consultants and any other party who are bound by obligations materially similar to this Section;
- maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care.

The obligations of the Receiving Party and its Representatives under this Confidentiality Clause shall not apply to disclosure of any Confidential Information which:
- at the time of disclosure is in the public domain through no act or fault of the Receiving Party or its Representatives in violation of this section;
- at the time of disclosure is already in the possession of the Receiving Party or its Representatives and such prior possession can be demonstrated by the Receiving Party or its Representatives;
- is made available to the Receiving Party or its Representatives by an independent third party that to the knowledge of the Receiving Party was not contractually prohibited from making the disclosure to the Receiving Party;
- is required by law to be disclosed.

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. LOA MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LOA DOES NOT WARRANT THAT THE PLATFORM WILL WORK WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LOA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LOA (AND THOSE THAT LOA WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF LOA (AND THOSE THAT LOA WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) €1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LOA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
You will indemnify, defend and hold LOA harmless from any claim, action, suit or proceeding made or brought against LOA arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.

10. INTELLECTUAL PROPERTY INFRINGEMENTS

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide the following policy for complaints concerning content posted by our members. If you believe that any Content on the Platform infringes your intellectual property rights, you as the rights holder or an agent thereof may submit an intellectual property right Complaint pursuant by mailing us. We appreciate your cooperation in providing an English translation of your report to our intellectual property right agent. Please include the information below in writing.
- A signature (physical or electronic) from the owner or from a person authorized to act on behalf of the owner of the allegedly infringed Content or material.
- Direct link/ Uniform Resource Locator (URL) to the protected work on the Platform claimed to be infringing.
- Sufficient identification of the copyrighted work or other intellectual property that has allegedly been infringed.
- Contact information such as an address, telephone number, and, if available, an electronic mail to permit the service provider to contact you.
- A statement (i) that you have good faith belief that the Content is not authorized by the rights holder, its agent, or the law, and (ii) that the information provided in the notification is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. If you fail to comply with all of the requirements of this Section, you acknowledge that your intellectual property right Complaint form may not be valid and may therefore not be handled (whether fully or partially) by LOA. If we receive an intellectual property right Complaint form that complies with all the requirements, we reserve the right to refuse, to render inaccessible or to remove the Content. We reserve our rights to action against you if you misrepresent that a fair use of the Content constitutes infringement.

11. Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in Luxembourg courts, applying Luxembourg law.
You agree that the laws of Luxembourg, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in a Luxembourg court, and we each agree to personal jurisdiction in those courts.

12. LOA “DOs” and “DON’Ts” You agree that you will

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.

Don'ts. You agree that you will not:

Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Transmit or facilitate the transmission of any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “age” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by LOA);
Create a false identity on LOA;
Misrepresent your current or previous qualifications;
Misrepresent your affiliations with an entity, past or present;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Use or attempt to use another's account;
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of LOA, including, without limitation, using the word “LOA” or our logos in any business name, email, or URL;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
Create profiles or provide content that promotes escort services or prostitution.
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on LOA in connection with a competitive service (as determined by LOA);
Copy, modify or create derivative works of LOA, the Services or any related technology (except as expressly authorized by LOA);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by LOA without our express consent (e.g., representing yourself as an accredited LOA trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Sell, sponsor, or otherwise monetize an LOA feature of the Services, without LOA’s consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Collect, use, copy, or transfer any information obtained from LOA without the consent of LOA;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services' availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by LOA;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Use the comment and discussion systems in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text);
Harass, stalk, or threaten any other users in the Platform;
Participate in any action within the Platform which, in the sole judgment of LOA, exploits or abuses an undocumented aspect of the Platform in order to obtain an unfair advantage over other users of the Platform;
Access or attempt to access any areas within the Platform that have not been made available to users;
Circumvent or attempt to circumvent disciplinary measures taken against your account, including registering for or using a new account on the Platform after being suspended or banned.

LOA retains the right to suspend, terminate, or otherwise sanction your Platform membership if you violate these Rules of Conduct, as well as to take any other action required or permitted under any applicable laws.

13. MISCELLANEOUS

You may not assign these Terms or any rights or obligations without LOA’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written.

14. CONTACT INFORMATION

You can contact us regarding any question, suggestion or other comment you might have in the context of these terms and policies by using the “Contact us” section of the LOA Platform or by contacting us by writing at support@loa.lu.

15. FESTIVAL LOCATION AND TIMES

By purchasing a ticket to our festival, you acknowledge and accept that the festival's location and times are subject to change. While we strive to maintain the initially announced venue, circumstances beyond our control, such as unforeseen logistical issues, safety concerns, or circumstances related to the festival's success, may necessitate a change in location and times.
In the event of a change in festival location or times, ticket holders shall not be entitled to a refund. We will make reasonable efforts to notify ticket holders of any such changes in advance through our official communication channels, including our website, email, and social media.

16. USE OF PHOTO AND VIDEO MATERIAL

By purchasing a ticket to LOA FESTIVAL, you agree to the following terms and conditions regarding the use of photo and video material:

Consent for Photography and Videography:
By attending LOA Festival, you acknowledge and agree that photo and video material may be captured by festival organisers, accredited photographers, videographers, and fellow festival-goers during the event.
Use of Material for Marketing Purposes:
You consent to LOA Festival and its affiliates using any photo or video material in which you may appear for marketing, promotional, and advertising purposes, both online and offline. This includes, but is not limited to, social media posts, website content, promotional videos, advertisements, and printed materials.
No Compensation for Use:
You understand and agree that you will not be entitled to any compensation, financial or otherwise, for the use of photo and video material captured at LOA Festival, regardless of whether or not you are identifiable in such material.
Release of Liability:
You release LOA Festival, its organisers, sponsors, partners, and affiliates from any and all liability arising from the use of photo and video material as described in these terms and conditions. This includes any claims for invasion of privacy, defamation, or infringement of rights.
By purchasing a ticket to LOA Festival, you acknowledge that you have read, understood, and agreed to these terms and conditions regarding the use of photo and video material.
If you have any questions or concerns regarding these terms, please contact NOVA NYE at info@nova-nye.lu for clarification.

NOVA NYE (“NOVA” or “we” and its derivatives) is committed to safeguarding your privacy.

TERMS AND CONDITIONS

​

​