TERMS AND CONDITIONSfor using the www.ticketlens.com website and the TicketLens iOS appEffective as of 18 February 2018
Welcome to TicketLens! By using the TicketLens website or TicketLens iOS app, specific app services, features and content are provided solely to assist customers in finding and comparing products and prices from online travel agencies like GetYourGuide, Viator, Klook, Tiqets, ... and to find and read information about travel destinations and points of interests and for no other purposes.
Please read these terms and conditions carefully before using the services, features, content or applications offered by TicketLens. The terms “we”, “us”, “our”, “TicketLens” and “Ulmon” refer to TicketLens a service of Ulmon GmbH and corporate affiliates. The terms “user” and “you“ refer to the user using the app or website and/or contributing content on the apps or website.
If you do not accept all of these terms and conditions, you are not authorized to use TicketLens’ website or app. Be sure to return to this page periodically to review the most current version of TicketLens’ terms and conditions. We reserve the right at any time, at our sole discretion, to update or otherwise modify the terms and conditions without notice to the customer in accordance with the terms set out under the ”Modification“ section below. Your continued access or use of the website or app signifies your acceptance of the updated or modified terms and conditions.
2. Use of the TicketLens Website or App
As a condition of your use of TicketLens’ website or app, you warrant that
· you possess the legal authority to enter into these terms and conditions and to use the TicketLens website and app in accordance with all terms and conditions herein.
· TicketLens reserves the right at its sole discretion to deny access to anyone to the services TicketLens offers, at any time and for any reason, including, but not limited to, for violation of these terms and conditions.
· Copying, transmission, reproduction, republication, posting or redistribution of TicketLens’ content or any portion thereof is strictly prohibited without the prior written permission of TicketLens. To request permission, you may contact us as follows:
Ulmon GmbH, Schikanedergasse 2, Top 7, 1040 Vienna, Austria, firstname.lastname@example.org
3. TicketLens’ Content and Prohibited Activities
The content and information contained in TicketLens’ website and app (including, but not limited to messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to TicketLens.
Furthermore the TicketLens website and app contain content specifically provided by third parties (for example from GetYourGuide, Viator, Klook, Tiqets, …). Such content is also protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree to abide by and maintain all copyright notices, information and restrictions contained in any content accessed through the TicketLens website and app and its features and services.
You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the TicketLens website and app.
Additionally, you agree not to
· use the TicketLens website and app or their contents for any commercial purpose;
· access, monitor or copy any content or information of TicketLens website and app using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the TicketLens website and app;
· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· "frame", "mirror" or otherwise incorporate any part of the TicketLens website and app into any other application or website without our prior written authorization;
· attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer the TicketLens website and app.
5. Warranty Disclaimers
Save to the extent required by law, TicketLens has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over and no duty to take any action regarding which users gain access to TicketLens’ website or app, what content you access via the TicketLens website or app, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of having been exposed to the content.
You release TicketLens from all liability for you having acquired or not acquired content through the TicketLens website or app. The TicketLens website or app may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. TicketLens will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through its services and features.
You release TicketLens from all liability relating to your connections and relationships with other users. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications.
TicketLens does not warrant that a) the features and services of the TicketLens website or app will be secure or available at any time or location, b) any defects or errors will be corrected, c) any content or software available at or through TicketLens’ website or app is free of viruses or other harmful components or d) the result of the TicketLens website or app will meet your requirements. Your use of the TickeLens website or app is solely at your own risk.
TicketLens reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TicketLens in asserting any available defenses.
You agree to defend and indemnify Ulmon, its affiliates and any of their officers, directors, employees, contractors, suppliers, representatives and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the TicketLens website or app or otherwise from your User Submissions, violation of these terms and conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Ulmon reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Ulmon in asserting any available defenses.
7. Links to third party sites
The TicketLens website or app contains hyperlinks to websites operated by third parties. If you access third party websites you do so at your own risk. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan Horses, defects and other items of a harmful nature. The inclusion of hyperlinks to such websites does not imply any endorsement TicketLens any association with their operators. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.
TicketLens may change, add or delete these terms and conditions or any portion thereof from time to time at its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of TicketLens’ website or app and its features. Thereafter, you expressly agree to be bound by any such amended terms and conditions.
TicketLens may furthermore change, suspend or discontinue any aspect of the TicketLens website or app at any time, including availability of any feature, database or content. We may also restrict your access to the TicketLens website or app without notice or liability for technical or security reasons to prevent against unauthorized access, loss of, or destruction of data or where we consider at our sole discretion that you are in breach of any provision of these terms and conditions or of any law or regulation.
Your continued access or use of the TicketLens website or app signifies your acceptance of the updated or modified terms and conditions.
9. Governing Law and Arbitration
It is hereby agreed that any dispute or controversy arising out of any violation of these terms and conditions will be governed, controlled, interpreted, and defined by and under the laws of Austria, in accordance with international law, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these terms and conditions shall continue in effect.
Any rights not expressly granted herein are reserved.