TERMS AND CONDITIONS 

AROUND THE WORLD 2021

These Terms and Conditions (“T&C’s”) of WEAREONE.World bv, with registered office at Korte Vlierstraat 6, 2000 Antwerp, Belgium, registered in the Crossroads Bank for Enterprises under n° 0867.239.782 (“WAOW”) govern each purchase and use by you, our customer (“you”, “your”) of the tickets (“Tickets”) for ‘Tomorrowland Around The World 2021 The Digital Festival’ (“Event”) including the provision of artist performances and any other services and related content (“Services”) made available through WAOW’s online platform (“Site”)

Together with the purchase order, the order and purchase confirmation, the Privacy Policy and Cookie policy and any other documents referred to therein or communicated to you by WAOW during the purchase process, these T&C’s constitute the agreement between WAOW and yourself (the “Agreement”).  By purchasing a Ticket, accessing the Site and viewing Content (as defined below in section 2 of these T&C’s), or otherwise using our  Ticket and Services, you acknowledge that you have read this Agreement, you understand it, and you unconditionally accept to comply with and be bound by its terms. If you do not or cannot agree with any part of this Agreement, you should refrain from using the Site, the Festival Ticket and any of the Services.

1. General conditions of purchase 

1.1 Age requirement: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

1.2  Ticket: Subject to the terms of this Agreement, you can purchase  Tickets from WAOW. The range of  Tickets, and the Services and Content and related features included in each  Ticket, is detailed on www.tomorrowland.com

1.3 Period of use:  Tickets can in principle only be consumed on 16 and 17 July 2021 and according to the program and timetable of the Event in your time zone. However, some  Tickets may include video-on-demand access to the Content for a limited period of time after  17 July 2021, as further detailed in the relevant  Ticket description included on www.tomorrowland.com. Separate terms and conditions of use may apply to the use of the video-on-demand products related to the Event..

1.4 Packages and Goods: During the Ticket purchase process you can freely decide to add (a) package(s) with accessory merchandise and/or (home party) goods (“Packages”) to your Ticket order. You will also have the option to include one or more particular goods (e.g. JBL speaker, Solo Vida bottle) to your order (“Goods”).  The various types of Packages and Goods are described on www.tomorrowland.com. The Packages and Goods are only sold prior to the Event (subject to change) and in view of allowing you to optimize your Event experience.  The Packages and Goods are only available until the stocks of the relevant goods included therein would be exhausted. Regarding the (add-on) sale of Solo Vida bottles in particular, via Packages and Goods, WEAREONE.world bv acts as a sales agent in the name and on behalf of MASIA Vallformosa SL. With the exception of said Solo Vida bottles (the sales, delivery and handling of which are at the sole responsibility of MASIA Vallformosa SL. The Solo Vida Orders are prepared directly from Barcelona, through partner KUBBO SMART LOGISTICS (C/ Vilardell, 40, bajos, 08014 Barcelona), the Packages and Goods will be provided by WAOW to the postal carrier in Belgium as soon as possible after your order has been confirmed and payment has been received, but WAOW, MASIA Vallformosa SL and their third-party suppliers cannot guarantee that you will receive them before the date of the Event. WAOW, MASIA Vallformosa SL and their third-party suppliers bear no responsibility for the loss or late delivery thereof to the extent permitted by law.  Hence, you acknowledge and accept that you cannot claim a (full or partial) refund should your goods not arrive or only after the Event. Access to the Event will always be delivered to you electronically.

1.5 Pricing: Prices for the Tickets, Packages and Goods will be those mentioned on www.tomorrowland.com at the moment of completing your order.  WAOW reserves the right to change prices at any time (except with respect to your completed orders). These prices are indicated in Euro and are mentioned inclusive of VAT (B2C) or exclusive of VAT (B2B). The Tickets, Packages and Goods be described as accurately as possible on www.tomorrowland.com and the price only concerns the Tickets, Packages and Goods as described. Pictures, images or video’s on www.tomorrowland.com or seen during the purchase process are only illustrations, have no contractual value and can include elements which are not included in the price. You acknowledge that you will be charged immediately for the Tickets, Packages and/or Goods that you purchase, and charges are non-refundable. WAOW reserves the right to change Pricing at any time in its sole discretion (except with respect to your completed orders) and does not provide price protection or refunds in the event of a later price drop or promotional offering. Prices for the delivery of the Packages and Goods via the postal carrier are mentioned on www.tomorrowland.com as well, and will be charged to you together with the order.

1.6       Purchase process:  Subject to article 1.9 and 1.10, Tickets, Packages and Goods can only be purchased with WAOW. Unless otherwise indicated by WAOW you will first need to create a Tomorrowland account on www.tomorrowland.com. Payments can be made via the following means of payment: Bancontact, VISA, Mastercard, iDeal, Sofort, ING Home Bank, Carte Bancaire, Apple Pay, WeChat and AliPay. Purchases are processed through WAOW’s third party ticketing and payment service provider, See Tickets B.V. The electronic payment process is subject to the general terms and conditions of the payment service provider. If you want to finalize your order, you will have to go to the order process and at the end click on the button to confirm your order with payment obligation. When your order is finalized and we have received your payment in full, you will receive a purchase confirmation and access to the Site (by filling in your Tomorrowland account credentials, or your access code, as applicable on the landing page) and you will be able to use your purchased Ticket and the Content and Services included therein. Without prejudice to article 1.10 and 1.11,  Tickets that are obtained in a different manner (either through a different sales channel, or by evading, in any way, the purchase process) will not be deemed valid by WAOW and WAOW reserves the right to deny you access to the Site, Event and the use of your purchased  Ticket and/or our Services. 

1.7 Refunds: Unless otherwise noted, all paid transactions are final. Once you have accessed the Site, you will be deemed to have enjoyed the full benefit of the transaction. You will not be entitled to any refund or credit if you cancel your order prior to the Event, simply fail to view certain Content or are unable to receive certain Content because of a problem with your computer, your network connection, any intervening network connections or some other reason not attributable to WAOW. WAOW shall hence have no responsibility to reimburse you, whether by refund or credit, in the event you are dissatisfied with any part of the  Ticket, Service, Content (e.g., potentially offensive material), the quality of the Content (e.g., the quality of video or audio), the terms applicable to use of the Content (e.g., the duration of Content availability), or in the event you are dissatisfied with the delivery of the  Ticket, including the Services or Content because of elements beyond WAOW’s control (e.g. the speed of your internet connection, rebuffering, network outages,…).

1.8       Right of withdrawal: This article 1.9 only applies to consumers, i.e. any natural person who is acting for purposes which are outside his trade, business, craft or profession.  In accordance with Article VI.53, 12 of the Belgian Code of Economic Law, purchasers may not exercise their right of withdrawal in accordance with Article VI.47 for the provision of services related to leisure activities if the contract indicates a specific execution date or period.  With the exception of the goods included in Packages and Goods, WAOW provides the  Ticket and all its components as a service that allows you to attend and enjoy the Event (a leisure activity) for the limited period of time mentioned in article 1.3 above.  Hence there is, in principle, no withdrawal right. As an exception to the above, you have the right to cancel any and/or all of the accessory goods included in your purchased Package or Goods (as applicable) that you have purchased from WAOW (not if via other channels, such as via a Partner, in which case the conditions of the relevant seller will apply). You can exercise your right up to 14 days as from the day after the day of receipt without giving any reason. After cancellation you have another 14 days to return these goods to us. You will then be credited for the value of the returned goods including shipping costs. Only the costs for return from your home to us are for your own account. If you exercise your right of withdrawal, all the goods included Package or Goods (as applicable) with all delivered accessories and - if reasonably possible - in its original condition and packaging will be returned to us. If you perform the right of withdrawal, you will be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. To exercise this right, please contact Customer Service team via digital@tomorrowland.com. We will then refund the order amount due within 14 days after notification of your return, provided that the returned goods have been returned in good order.

The model form that may be used to perform the right of withdrawal is (Annex 1B to the Consumer Rights Directive):

  • To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
  • Ordered on (*)/received on (*),
  • Name of consumer(s),
  • Address of consumer(s),
  • Signature of consumer(s) (only if this form is notified on paper),
  • [Date]

1.10    Business to Business sales:

Whereas WAOW intends to sell the  Tickets mainly to individuals for their personal use, WAOW may allow undertakings, companies or other legal entities (“B2B Purchaser”) to purchase a certain number of  Tickets, as a package, in order to allow these B2B Purchasers to provide certain individuals (such as the employees of the B2B Purchaser, or individuals who are business contacts or customers of the B2B Purchaser) access to the Site, Content and Services (“B2B Sales”).  The prices and specific conditions for such B2B Sales may be listed on www.tomorrowland.com or will be agreed upon in a separate contract between WAOW and the B2B Purchaser.  B2B Purchasers are in any event also required to comply with all obligations under this Agreement, to the extent, as the case may be, they are relevant for a legal entity.  The B2B Purchaser will, after payment of the price, receive the agreed upon number of access codes for the same number of individual users (“B2B User”).  Together with the access codes, the B2B Purchaser will provide its B2B Users a copy of these T&C’s, which become applicable to the B2B Users by their use of the Site, Event, their viewing of Content, or them using any of the  Tickets.

B2B Purchasers are only allowed to purchase Tickets in order to provide access codes for free to their B2B Users and are not allowed to charge their B2B Users any fee or perform any onward sales (to individuals or legal entities) of all or part of the Tickets that they purchased.

1.11    Sales via Partners.  .  WAOW may authorize the official partners of WAOW (the “Partners”) to purchase  Tickets from WAOW and sell these  Tickets to you, in their own name and on their own behalf.   Such sales via Partners may be subject to separate general terms and conditions of these Partners, including different prices and rules regarding refunds, and/or may be subject to the laws in the jurisdictions where the Partners operate. With the exception of provisions in this Agreement that specifically relate to the sales process by WAOW directly, all terms and conditions in this Agreement regarding the Tickets also apply to you when you have purchased the Ticket via a Partner, when you access, the Site, Event, view Content or when you otherwise use our Tickets through the access codes that are provided to you by the Partner.   

 

2. Content and Ownership

Unless otherwise mentioned on the Site, all media available on the Event, including without limitation all music on the one hand and all broadcasts, information, audio, video, data, online services, text, pictures, games, animation and graphics on the other hand (“Content”) is protected by copyright and neighbouring and related rights, patents, utility and design models, rights to inventions, trademarks and service marks, business names and domain names, rights in computer software, database rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) of WAOW or third parties who have licensed WAOW to make such Content available to the Site users. WAOW, on behalf of itself, its Content providers and licensors, expressly reserves all intellectual property rights in all Content accessible through this Site. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of a purchase of a Ticket (directly by you or by a B2B Purchaser), your use of the Site, Event or Services or your payment to WAOW or any third party in exchange for the ability to access and view particular Content.

3. Your use of the Ticket, the Services and the Content

3.1 Registration:  In accessing the Site or certain of the Services and Content on the Site, Event, you may be asked to provide registration details, including but not limited to your Tomorrowland Account registration details, a valid e-mail address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Site unless the user has completed the necessary registration associated with access to such portion of the Site.

3.2 Limited License: When you purchase a Ticket or receive an access code from a B2B Purchaser or a Partner, WAOW grants you (and you agree to accept), a non-exclusive, non-transferable, limited, revocable license to access and use the  Ticket, Site, Services, and Content, through the Authorized Devices (as defined below in section 5.2 of these T&C’s) solely for personal, private, non-commercial purposes (“Private Use”) in accordance with this Agreement, provided that you maintain and abide by all Intellectual Property Rights notices and other proprietary notices contained therein. If you violate the limited license, your permission to access and use the Ticket, Site, Services, and Content will automatically terminate. You acknowledge that WAOW or its licensors may include digital rights management technology in the Content, and that such technology may “time out” or automatically disable your ability to view and use certain downloaded or streaming Content after a stated period of time. Private use may include the use of the Ticket to watch the Content with a limited group of family or friends in a private space, unless the applicable copyright laws in your country regard this use as a communication to the public. WAOW shall in any event not be liable for such Private use.

For any use of the  Ticket, Site, Services, and Content outside the in the previous paragraph described Private Use (for instance where you intend to use the Ticket for making available the Site, Event, Services or Content  available to the public in a public space or a commercial outlet, even free of charge, or at any place where an admission price is charged or where access to the all or part of the Site, Event, Services or Content by the public is made subject to the payment of any charge, however denominated or determined) (“Extended Use”)  you should contact WAOW via eventsaroundtheworld@tomorrowland.com for a specific offer.

For any Private Use which is regarded as a communication to the public or any Extended Use, you will in all circumstances be liable to pay any and all applicable (intellectual property) rights, taxes and duties as applicable in your jurisdiction.

3.3 Forbidden use: Except as expressly permitted in this Agreement, you may not and you agree not to:

- Reverse engineer, copy, disassemble, duplicate, archive, derive the source code of, reproduce, distribute, transmit, download, capture, perform, reproduce, republish, rebroadcast, translate, modify, adapt, upload, edit, post, mirror, create derivatives from or based upon, transfer, sell, license, distribute, exploit, circumvent,  frame or deep-link, make available or otherwise use in whole or in part, any of the Content available through the Site and Event (or attempt, or encourage or assist any other person, to do any of the foregoing), other than as permitted under this Agreement;
- Interfere with or disrupt the Site, Event, Content or Services, and the servers or networks connected to the Site, Event, Content and Services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Site, Event, the Content and the Services;
- Make any Content available over a network (the Internet, mobile telecommunications networks or other) or via any other reception devices other than an Authorized Device where it could be used on multiple computers simultaneously or otherwise broadcast to multiple viewers other than as allowed hereunder;
- Use the Site, Event, Services and Content so as to violate any Intellectual Property Rights privacy and data protection laws and regulations, publicity rights, any communications laws and regulations, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions, or in a manner that suggests an association with any of WAOW’s or its licensors’ products, services or brands;
- Either directly or through the use of any device, software, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any Intellectual Property Rights notices or other proprietary notice marked on the Content or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms;
- Gain or attempt to gain unauthorized access to the Site, Event or Content through hacking, password mining, web or screen scraping, or any other means;
- Use the Site, Event for the purpose of gathering information for or transmitting unsolicited messages, including e-mail, which includes a prohibition to use any part or feature of the Site, Event for the purpose of promotions or advertising of products or services of yourself or of third parties;
- Use the Site, Event or any Services and/or Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of WAOW or others.
- Authorize or allow any other party to do any of the acts forbidden in this Agreement via the use of your account credentials or access code.

3.4 Responsible use: You are responsible for the use of your purchased  Ticket, including use by other members of your household. B2B Purchasers are also responsible, and can be held jointly liable, for the use of the Ticket by their B2B Users. By allowing others to use your  Ticket, you agree to be responsible for ensuring that such other individual(s) comply with this Agreement and you agree to be responsible for their activity on the Site. Notify us immediately via Customer Care (contact details below) if you suspect any unauthorized use of your Ticket. You agree to provide accurate, current, and complete Information (including payment information) when purchasing and using the  Ticket. You further agree to maintain and update your information as required to keep it accurate, current, and complete. WAOW can terminate or restrict your access to the Site, Event, Services and/or Content if any information you provide is false, inaccurate, misleading or incomplete or if your access to the Content places an undue burden on our networks or servers. If WAOW terminates your access, you may not access it again.

3.5. COVID-19.  WAOW wants you to enjoy the Event in all safety and does not promote the organization of large gatherings or community events to jointly attend the Event: the Event can be enjoyed alone, with friends and family or in small groups as long as you comply with the Covid-19 rules and recommendations that are taken by the competent authorities in your jurisdiction (such as social distancing, regular washing of hands with soap and water, wearing face masks and limiting the number of attendees at one place). WAOW cannot be held responsible for any consequences if you or any of the people you allow to make use of our Tickets do not comply with the applicable Covid-19 rules and recommendations of the competent authorities in your jurisdiction.

 

4. Services/Content considerations

4.1 General: The Services and Content on the site depend on your Ticket or access code type (as applicable). Furthermore, Services and Content are available according to a program and timetable (subject to change). Certain Services and Content run simultaneously and may overlap. You can digitally navigate through the Services and Content on the Site yourself and make your choice for the asset you wish to experience. You acknowledge and accept that, as is the case during regular live event, some Services and Content may have a capacity limit, the usage of which is subject to a 'first come first serve' principle. You will be adequately informed of the applicable capacity limits for the Services and Content in the Tickets description on www.tomorrowland.com as well as in the relevant parts on the Site, if any. In case of a capacity limit, WAOW cannot guarantee that you will be able to use these particular Services and Content. In any case, no refund can be given if you were unable to use one or more Services and/or Content on the Site due to a capacity limit.

4.2 Access: In order to access the Site, the Event Services and Content, you must have access to the World Wide Web, either directly or through devices that access Web-based content and must pay any service fees associated with such access. Not all of the features available through the Services and Content, including certain live streaming audio, video or access to high-quality video, will be available to you unless your internet subscription and receiving devices satisfy the minimum technical requirements included herein or as they may be presented to you when you make your purchase of a Ticket. As WAOW may make improvements and additions to the Services and Content, the minimum technical requirements for access to the Services and Content may change. You are responsible for determining whether your receiving devices satisfy the minimum technical requirements before you make your purchase. Moreover, if we change the minimum technical requirements after you make your purchase such that your receiving devices no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Site under the provisions here.

4.3 Availability: The availability of the Site, the Event, Content and the Services included in the  Tickets may be affected by a variety of factors, including delays or cancellations by suppliers, technical problems or network delays, program rescheduling, or other reasons beyond the reasonable control of WAOW such as local government decision to block websites/URLs and such deny you access to the Site. You agree that WAOW is not obligated to provide you with any specific content under this Agreement and that WAOW can change or suspend access to the Site, the Event, Services and Content, in whole or in part, at any time without notice for any such reasons without WAOW being liable for any claims, costs, or damages caused by or arising out of such actions.  Whereas we use reasonable efforts to make available all Content and Services, and all features thereof, in all countries, it may be that in certain countries not all Content and Services, or not all features thereof, are available (for instance because of legal restrictions in your jurisdiction).

4.4  Quality: The quality of how you receive the Services and Content may vary from Authorized Device to Authorized Device and may be affected by a variety of factors, such as your Authorized Device, your location, the bandwidth available through and/or speed of your Internet connection and/or the resolution, settings or configuration of your Authorized Device that you selected for viewing your Content. The Site, Service and Content are subject to transmission limitations of the Internet and networks, including without limitation video and audio dropouts, rebuffering or loss of connection. WAOW makes no representations or warranties about the quality of your viewing experience on your Authorized Device or the ability of any Authorized Device to access or play the Content. In order to stream or access Content, your Authorized Device must meet certain system requirements, which may include but not be limited to having high speed Internet access. You are responsible for any and all Internet access and data transmission charges. Please check with your Internet provider for information on possible Internet data usage charges.

4.5 User Generated Content: We may allow you to interact with us and other users of the Site by uploading, submitting, sharing or publishing content such as but not limited to videos, recordings, images and text. You must ensure that such content (“User Generated Content”), and your conduct, complies with this Agreement, including but not limited to the terms of use included in section 3.3. WAOW can take all appropriate actions to enforce its rights including removing specific content or suspending or removing your access to the Site, the Services and/or the Content. You may only upload User Generated Content that you have the right to upload and share. Intellectual Property Rights owners, and in particular copyright owners, may send WAOW a takedown notice if they believe WAOW is hosting infringing materials. We will, in appropriate circumstances, proceed with such requested takedowns and may also terminate the accounts of persons who commit a serious or repeated smaller infringement. You also agree that, to the extent WAOW users post any User Generated Content on the Site, those users, and not WAOW, are entirely responsible for all information posted by them. WAOW and its licensors do not guarantee the accuracy, integrity or quality of such User Generated Content. Neither WAOW nor its licensors will be liable in any way for any User Generated Content or other information made available on the Site, including without limitation for any loss or damage of any kind from infringement of any Intellectual Property Right, trade secret, data protection and privacy right or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission.

By purchasing a Ticket, accessing the Site, viewing Content, or otherwise using the  Ticket you are granting WAOW and its affiliates, its third-party service providers, media and digital companies, social media services and platforms, and any other representative or designee of the foregoing a cost and royalty-free, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit your User Generated Content for any purpose whatsoever, including; advertising, marketing and promotional purposes, and in any media whatsoever, now or hereafter existing or developed, even if this Agreement is later modified or terminated. You will retain all ownership of your User Generated Content (subject to the license granted herein).

4.6 Links to third party websites: Inclusion of links from our Site to any third-party website, as well as advertisements of third parties on our Site, do not imply our approval or endorsement of the linked website or of said advertisements. If you decide to leave our Site and access the third-party sites, you do so at your own risk. WAOW is not responsible for third parties’ advertisements on our Site and for the availability of such external sites and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that WAOW will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites.

4.7 Language: You acknowledge and accept that the Site, the Content and the Services will be offered in the English language only.

4.8. Age limitations: Some parts of the Site, Content or Services may be subject to age limitations, and you will be asked to confirm your age before accessing these parts.  You have to respect these age limitations, and we reserve the right to deny access in case of non-respect.

 

5. Technical considerations

5.1   System requirements: Access to the Site, Services and Content requires one or more compatible Authorized Devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because access to the Site, Services and Content involves hardware, software, and Internet access, your ability to access the Content may be affected by these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and you cannot request a refund in that respect. Please also note that sharing your Tomorrowland account credentials or your access code (as applicable) is not authorized, your access to the Content may be limited to a single active stream, in which case you will need to log out of one stream before you can access the Content on another Authorized Device. Please also note that such process is subject to latency issues, and the media player on certain Authorized Devices may not support restart, playback, pause, rewind or other functionality.

5.2 Authorized Devices:   Subject to article 5.1, you may authorize up to two (2) devices to use your  Ticket and as such, our Services and Content (each, an “Authorized Device”), provided that an Authorized Device may only be registered to a single Tomorrowland account at a given time.

5.3  Continuity of service: WAOW does not guarantee continuous, uninterrupted or secure access to the Content, Service, and operation of the Site may be interfered with by numerous factors outside our control. WAOW makes no representation that the Site, Services and/or Content is appropriate or available for use in any particular location. You are responsible for compliance with all applicable local laws. WAOW reserves the right to modify or temporarily discontinue the Site (or any part thereof) without advance notice, for instance for urgent technical interventions. You agree that WAOW and its licensors will not be liable to you or to any third party for any modification of the Site or any interruption of the availability of the Site or to any Content, regardless of reason or duration. WAOW is not responsible for any error in copy, images, or video relating to any service or feature of the Site. WAOW is not liable for any failure to perform any of its obligations as contained herein due, directly or indirectly, to the failure of any machine, system of authorization, data processing or communication system or transmission link or any other event beyond the control of WAOW. WAOW will not be liable for any damages to, or viruses that may affect, your computer equipment or other property on account of your access to, use of or browsing the Site, Services or Content.

 

6. Term and termination

6.1. This Agreement starts as from the moment the order for a  Ticket is made (and, for B2B Users, as from your first use of the Site) and continues to apply thereafter as long as you use the Site, our Service and/or Content.

6.2.   If you commit a serious or repetitive breach of this Agreement, WAOW may, at its option, and without prejudice to its right to claim damages: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit your access to the Site or any Services and/or Content within it; and (c) retain any amounts payable to you (which you forfeit). If WAOW denies you access, you may not access again.

6.3.   In the event of any termination or expiration of the Agreement, the following articles of this Agreement will continue to apply in full force and effect:

o   section 2(Content & Ownership);
o   section 3.3 (Forbidden Use);
o   section 3.4 (Responsible Use);
o   section 4.5 (User Generated Content);  
o   section 8 (Your Liability);
o   section 9 (WAOW’s Liability);
o   section 11 (Miscellaneous).

 

7. Privacy

For information about how we process personal data, we refer to our Privacy Policy for the Event, which you can find on www.tomorrowland.com

 

8. Your liability

You agree to indemnify, defend and hold WAOW, its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this Agreement, your use of NAOZ, the Event, the Service or Content or your violation of any third party right, including without limitation any Intellectual Property, property or privacy right.

 

9.  WAOW’s liability

9.1       No warranty: The Tickets, Packages and Goods, the Site, the Event, Services and Content are provided on an ‘as is’ and ‘as available’ basis. You use them at your own risk. Except as expressly set forth herein, and to the extent permitted by applicable law, WAOW disclaims all warranties, express or implied, regarding the Tickets, Packages and Goods, the Site, the Event, Services and the Content, or your use or viewing thereof, including without limitation warranties as to the availability, accuracy, video or audio quality and warranties of merchantability, fitness for a particular purpose, title and non-infringement. Amongst other things, WAOW makes no warranties (i) that the  Tickets, Packages and Goods, the Site, the Event, Service and Content, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, free from viruses or other harmful components, completely secure or accessible from all devices or browsers, (ii) that defects or errors in the Site, the Event, Content or Services will be corrected, (iii) that any information contained  the Site, the Event, Services or Content will be accurate or reliable, (iv) concerning any content submitted by or actions of our users, (v) that any geo-filtering or digital rights management solution that we might offer will be effective, (vi) concerning any third-party websites and resources. Components of the Packages and Goods may be subject to conditions of use and guarantees of manufacturers and are covered by legal guarantees; WAOW does not grant any more guarantees than guarantees provided by the manufacturers or legal guarantees.

9.2 Limited liability: To the extent permitted by applicable law, WAOW will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of business, loss of profits, goodwill, data or other intangible losses. If you are dissatisfied with any portion of the Tickets, the Site, the Services, the Content or this Agreement, your sole and exclusive remedy is to discontinue using the Tickets, the Site, the Services and the Content. Without limiting the foregoing, in no event will the aggregate, cumulative liability of WAOW exceed the amounts actually paid by you for a  Ticket (or paid for the individual  Ticket you use from the B2B Purchaser), except for those situations where WAOW’s liability cannot be limited under applicable law.   WAOW cannot be held liable for any act or omission of a Partner.

9.3  Force Majeure: WAOW will not be liable for any loss, damage, delay or failure caused by a cause beyond its reasonable control preventing it from performing any or all of its obligations under this Agreement, including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, sabotage riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unavailability of the Internet or networks, fire, flood or storm, quarantine restrictions, epidemics, the failure of any machine, system of authorization, data processing or communication system or transmission link, unilateral cancellations by artists or other suppliers.  In the event of such a force majeure event, WAOW has the right, at its sole discretion, to postpone all or part of the event until the force majeure event ends or to cancel all or part of the event if the force majeure event lasts more than 10 days.

 

10. Customer Service  

10.1   If you have any questions on the purchase or use of your  Ticket, you can contact Customer Service team via digital@tomorrowland.com or interact with WAOW through your Tomorrowland Account. Further contact details are also available on www.tomorrowland.com

10.2.   Complaints can also be filed through the Online Dispute Resolution platform of the EU Commission at ec.europa.eu/consumers/odr

 

11. Miscellaneous

11.1    Assignment: This Agreement and the rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by WAOW in our sole discretion subject to our Privacy Policy for the Event.

11.2    Entire agreement:  This Agreement constitutes the entire agreement between you and WAOW and supersedes all prior written and oral agreements or communications with respect to the subject matter herein. The foregoing is without prejudice to the additional terms and conditions that may apply to purchases of goods or services related to the Event via www.tomorrowland.com or otherwise, and to separate terms and conditions (of WAOW or of third parties such as our Partners or other partners and sponsors) that may apply to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such contests, promotions, sweepstakes or other similar features.

11.3    Severability: If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any competent court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.

11.4.   Waiver of rights: WAOW’s failure to enforce its rights hereunder or to act with respect to a violation by you or others does not waive our right to act with respect to subsequent or similar violations.

11.5    Applicable Law and Competent Court: This Agreement is governed by Belgian law. Any dispute arising out of this Agreement or your use of the Site, the Services or Content will be brought before the exclusive jurisdiction of the courts of Antwerp, Belgium.

 

 

SPECIAL CONDITIONS FOR GOODS AND PACKAGES

These terms and conditions of sale ("TCS") of WEAREONE.World bv, with its registered office at Korte Vlierstraat 6, 2000 Antwerp, Belgium, and registered with the Crossroads Bank for Enterprises under number 0867.239. 782 ("WAOW"), govern any purchase and use by you, our customer ("you", "yourself", “your”, “the "Customer") of the Boxes sold on www.tomorrowland.com in the context of the "Tomorrowland Around The World The Digital Festival" event (the "Event").

Together with the confirmation of receipt, the confirmation of purchase, the Privacy Policy and all other documents referred to therein or communicated to you by the WAOW during the purchase process of the Boxes, these terms and conditions of sale constitute the contract at distance between the WAOW and yourself (the "Agreement"). By purchasing a Box or otherwise making use of our Boxes, you acknowledge that you have read this Agreement, that you understand it and that you unconditionally agree to its terms and conditions and are bound by it. If you do not or cannot agree to any part of this Agreement, you must refrain from purchasing and using our Boxes.

The applicability of the general terms and conditions of delivery or payment and/or the general or special terms and conditions of the Customer is expressly excluded.

1. Definitions

  • Order procedure: the procedure for ordering the Boxes, which you go through interactively on the Website.
  • Home Party Packages: the various packages, consisting of one or more products (exclusive of beverages) depending on the specific box, that WAOW offers for sale on its Website in the context of the Event.
  • Absolut Vodka Packages: the package consisting of a bottle of Absolut Vodka and various products, whether or not including a Ticket, that WAOW offers for sale on its Website in the context of the Event. Regarding the sale of Absolut Vodka Packages, WEAREONE.world bv acts as a sales agent in the name and on behalf of Drankenwereld BV with regard to the sale of bottle of Absolut Vodka contained therein. For the Absolut Vodka Packages the delivery and handling are the sole responsibility of Drankenwereld BV. The Absolut Vodka Packages are prepared directly by Drankenwereld BV (Schanslaan 130, 2150 Borsbeek, Belgium).
  • Solo Vida Packages: the Solo Vida Exclusive Box and 6 Solo Vida Bottles that WAOW offers for sale on its Website in the context of the Event. Regarding the sale of Solo Vida Packages, WEAREONE.world bv acts as a sales agent in the name and on behalf of MASIA Vallformosa SL. For the Solo Vida Packages the sales, delivery and handling are the sole responsibility of MASIA Vallformosa SL. The Solo Vida Orders are prepared directly from Barcelona, through partner KUBBO SMART LOGISTICS (C/ Vilardell, 40, bajos, 08014 Barcelona).
  • Boxes: the Home Party Packages, Absolut Vodka Packages and Solo Vida Packages.
  • Privacy Policy: the personal data processing policy of WAOW, which you can find on https://www.tomorrowland.com/en/digital/tickets-packages/privacy-policy 
  • Website: the website of WAOW (www.tomorrowland.com) where the Boxes are offered for sale as part of the Event. Purchases are processed via the webshop of WAOW's ticketing and payment service provider, SEE Tickets B.V. The general terms and conditions of the payment service provider apply to the electronic payment process. If you wish to complete your order, you must confirm your order with payment obligation at the end of the Order Process. When your order has been completed and we have received your payment in full, you will receive a purchase confirmation.

 

2. Offer, order and conclusion of the Agreement

2.1 The Boxes offered on the Website with the corresponding prices apply as a non-binding offer, which can be accepted by the Customer by going through and completing the entire Order procedure.

2.2       We try to give as complete and accurate a description as possible of the Boxes on our Website, but we cannot guarantee that our offer, as referred to above, is without errors and/or mistakes. Manifest material errors and/or mistakes in the offer do not bind WAOW. The photos or images shown for the Boxes on the Website are only illustrative.

2.3       Our offer is not intended for resale, but only for personal use on the occasion of the Event, and only orders of household size are therefore accepted.

2.4 You can place your order via the Website. We will confirm receipt of your order electronically. This confirmation does not imply acceptance of your order. WAOW will only accept your order by sending you a purchase confirmation. Until then, WAOW may, at any time and without justification, refuse your order. Only after acceptance of the order by WAOW will a right to delivery of your ordered Boxes arise.

2.5.      The Boxes are only sold prior to the Event and in view of allowing you to optimize your Event experience.  They are only available until the stocks of the relevant goods would be exhausted. 

2.6       If Absolut Vodka Packages or Solo Vida Packages containing alcohol are offered on the Website, you will be asked to confirm prior to purchase that you are at least 18 years of age and, in the case of an order and delivery, the delivery person will request valid identification (such as an E-ID) if there is any doubt as to the age of the person to whom the order is being delivered. If the minimum age requirement of 18 is not met, our delivery driver will be obliged to take the order back with him, or to not deliver it.

2.7       If your Box includes a Ticket, your purchase and use of the Ticket, use of the Site and Content are governed by the Terms and Conditions Around the World 2021.

 

3. Prices and payment

3.1       WAOW is entitled to adjust prices at any time. The price stated on the Website at the time of your order is applicable and shall remain unchanged for your order.

3.2       The amounts owed by the Customer at the time of ordering can be paid using the payment methods indicated on the Website.
 

4. Delivery of Boxes

4.2.1    Delivery of Boxes will be made to the address that you have indicated as the delivery address during the Order Process.

4.2.2    After placing an order, no changes (such as address changes, change of Box) are possible, unless otherwise provided for in this Agreement.

4.2.3    The Absolut Vodka Packages and/or Solo Vida Packages that you have ordered, will be provided by Drankenwereld BV and/or MASIA VAllformosa SL respectively to their respective postal carrier as soon as possible after your order has been confirmed and payment has been received, but WAOW, MASIA Vallformosa SL and Drankenwereld BV cannot guarantee that you will receive them before the date of the Event. 

4.2.4    You acknowledge and accept that you cannot claim a (full or partial) refund should your Box only arrive after the Event.

4.2.5.   You must ensure the personal delivery of your Box to the delivery address you have provided is possible.  If no one is present to accept your delivery, the driver may deliver to your neighbors, or to the door of the delivery address you have provided, or may offer other delivery solutions as applicable under the terms and conditions of the postal carrier.  From that moment on, you are solely responsible for the delivered Box. Delivery in this way is entirely at the risk of the Customer and WAOW is not responsible for lost/damaged/ spoilt goods.

 

5. Obligations of the Customer

5.1       All information provided to WAOW by the Customer at any time in connection with the purchase of the Boxes, e.g. during the Order Process, must be current and correct.

5.2       The Customer is obliged to carefully read and observe the product and operating instructions, as well as the warnings accompanying the products delivered in the Box. WAOW is not liable for any damage resulting from the Customer’s failure to comply with the product and operating instructions and warnings, and the Customer hereby indemnifies WAOW against any claims from third parties in this respect.

 

6. Right of withdrawal

6.1       This Article 6.1 applies only to consumers, i.e. any natural person who is acting for purposes that are outside his trade, business, craft or profession. You have the right to cancel all and/or certain goods in your Box (if applicable) that you have purchased from WAOW. You can exercise your right up to 14 days from the day after the day of receipt without giving reasons. After cancellation, you have another 14 days to return these goods to us. You will then be credited for the value of the returned goods, including shipping costs. Only the costs for returning the goods from your home to us must be paid by you. If you exercise your right of withdrawal, all goods listed in your Box will be returned to us (where applicable) with all delivered accessories and - if reasonably possible - in their original condition and packaging. If you exercise your right of withdrawal, you will be liable for any reduction in the value of the goods resulting from the handling of the goods other than was necessary to determine the nature, characteristics, and functioning of the goods. In order to exercise this right, please contact Customer Service at digital@tomorrowland.com. We will then refund the amount due on your order within 14 days of notification of your return delivery, provided that the goods have been returned to us in good order.

6.2       The model form that can be used to exercise the right of withdrawal under Article 6.1 is as follows (Annex 1B of the Consumer Rights Directive):

  • To [insert the name, geographical address and, if available, fax number and e-mail address of the trader]:
  • I/We (*) hereby declare that I/We (*) withdraw from my/our (*) sales contract in respect of the following goods (*)/the following service (*),
  • Ordered on (*)/received on (*),
  • Name(s) of the consumer(s),
  • Address of the consumer(s),
  • Signature of the consumer(s) (only if this form is submitted on paper),
  • Date ...

6.3.      Legal warranty (for consumers only) - The Customer has a legal warranty for any lack of conformity that exists at the time of the delivery of a product and that manifests itself within a period of two years from delivery. If the Customer wishes to invoke this guarantee, he/she must directly notify WAOW of the lack of conformity in writing and by registered letter and in any case within a period of two months from the day on which the Customer discovered the defect.

6.4       With regard to the Solo Vida bottles and the Absolut Vodka bottle, we refer to the respective seller’s website for their terms and conditions on returns, complaints and right of withdrawal. Drankenwereld BV’s terms and conditions can be found here and MASIA Vallformosa’s terms and conditions can be found here.

 

7. Complaints about the contents of your Box

7.1       It is your responsibility to check the contents of your Box upon receipt. If you are dissatisfied with the content of your Box (in its entirety or a specific part thereof), or if you believe for any reason that the features of your Box do not comply with the Agreement, you may contact Customer Service via digital@tomorrowland.com within two (2) days of the date on which you received your Box. Depending on the circumstances (e.g. depending on whether you have already consumed (part of) the beverages in your Box that relate to your complaint), we may, at our discretion, offer a full or partial refund of the purchase price of your Box, or replace the goods in question at our expense, provided they can still be delivered on time.

7.2       In order to be able to handle your complaint, we require at least your order number, name, delivery address, and a description of your complaint.


8. Liability of WAOW

8.1       WAOW is only liable for material or physical damage suffered by the Customer if this is the direct and exclusive result of a breach of an obligation of WAOW, or in case of gross or intentional fault on the part of WAOW or its employees.

8.2       Liability on the part of WAOW for indirect and consequential damage, loss of profit or income, loss of savings, etc., is excluded.

8.3       WAOW shall not be liable for damage as a result of force majeure, and in particular strikes, illnesses, fire, malfunctions at WAOW or its suppliers, transport problems, weather conditions, violence, disturbances, riots or the actions of the police or fire brigade. Force majeure shall also be understood to mean any similar, unforeseen circumstances with third parties called in by WAOW for the performance of the Agreement.

8.4       The provisions on liability in this article 8 shall also apply to the (personal) liability of bodies, employees and auxiliary staff of the WAOW who may be called in.

 

9. Processing of personal data

9.1       For information on how we process your personal data, please refer to the Privacy Policy.
 

10.       Customer Service

10.1     If you have any questions about the purchase or use of your Box, you can contact customer service via digital@tomorrowland.com, or contact WAOW via your Tomorrowland Account. Further contact details are also available at www.tomorrowland.com.

10.2     Complaints can also be submitted via the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr
 

11.       Miscellaneous

11.1     Transferability: This Agreement and the rights granted under this Agreement may not be transferred or assigned by you, but may be transferred by WAOW at its sole discretion.

11.2     Entire Agreement: This Agreement constitutes the entire agreement between you and WAOW, and supersedes all prior written and oral agreements or communications with respect to the subject matter herein.

11.3     Nullity: If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. In that case, the invalid provision will be replaced by a new provision that is as similar as possible to the old provision in terms of content, scope or purpose.

11.4.    Waiver of rights: The failure of WAOW to enforce its rights under this Agreement or to act in respect of a breach by you or others does not waive our right to act in respect of subsequent or similar breaches.

11.5.    Amendment: WAOW reserves the right to amend theses terms and conditions of sale prior to your purchase. The terms and conditions of sale are always available in their most recent version, and can be consulted on the Website. The version applicable at the time your order is placed will apply.

11.6     Applicable law and competent court: This Agreement is governed by Belgian law. Any dispute arising out of this Agreement or from your use of the Box will be submitted to the exclusive jurisdiction of the courts of Antwerp, Belgium.


Last update: 10 June 2021

VOD TERMS AND CONDITIONS

These Terms and Conditions (“T&C’s”) of WEAREONE.World bv, with registered office at Korte Vlierstraat 6, 2000 Antwerp, Belgium, registered in the Crossroads Bank for Enterprises under n° 0867.239.782 ("we," "us," "our," "ours",“WAOW”) govern each purchase and use by you, our customer (“you”, “your”, “yours”) of the video-on-demand ticket (“VOD Tickets”) for the ‘Tomorrowland Around the World 2021’ (“Event”) including the provision of (on demand) artist performances on the one hand and the digital entertainment platform hosting the event (“the Site”) and any other services and related content made available thereon for the purposes of the Event on the other hand (“Services”) made available through the (on demand) catalogue on the Site.

Together with the purchase order, the order confirmation, the Privacy Policy and any other documents referred to therein, these T&C’s constitute the agreement between WAOW and yourself (the “Agreement”).  By purchasing a VOD Ticket, accessing the Site, viewing Content (as defined below in section 2 of this Agreement), or otherwise using our VOD Tickets and Services, you acknowledge that you have read this Agreement, you understand it, and you unconditionally accept to comply with and be bound by its terms. If you do not or cannot agree with any part of this Agreement, you should refrain from using the Site, the VOD Tickets and any of the Services.

1. General conditions of purchase 

1.1 Age requirement: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

1.2 VOD Tickets: Subject to the terms of this Agreement, you can purchase VOD Tickets from WAOW. The range of VOD Tickets, and the Services and Content and related features included in each VOD Ticket, is detailed on www.tomorrowland.com. Unless otherwise indicated by WAOW, you can only purchase one (1) VOD Ticket per account.

1.3 Period of Availability: Each VOD Ticket can in principle only be consumed after the end of the livestream of the Event (which takes place from 18 July until 1 August 2021 CET) and as of 18 July 2021 17:00 (CET) up to and including 1 August 2021 17:00 (CET) (“Period of Availability”), as further detailed in the relevant VOD Ticket description included on www.tomorrowland.com (“VOD Ticket Description”).

Unless otherwise explicitly provided in the relevant VOD Ticket Description, each purchased VOD Ticket will only give you access to the Services and Content through streaming. You will be able to use your purchased VOD Ticket as soon as you have initiated the streaming. Afterwards and during the Period of Availability you will be able to stream the Services and Content repeatedly.

Unless otherwise explicitly provided in the relevant VOD Ticket Description, each purchased VOD Ticket will become unavailable for consuming upon the earlier of (i) the end of the Period of Availability, (ii) the termination of your permission to access and use the VOD Tickets, the Site, Services, and Content, and (iii) the expiration or termination of this Agreement.

1.4.     Pricing: Prices and terms of sale for the VOD Tickets will be those mentioned on www.tomorrowland.com at the moment you complete your order and include a charge for the provision of the artist performances on the Site on the one hand as well as the provision of other related Content on the Site on the other hand. These prices are indicated in Euro and are mentioned inclusive of VAT (B2C) or exclusive of VAT (B2B). The VOD Tickets, and the Services and Content and related features included in each VOD Ticket, will be described as accurately as possible on www.tomorrowland.com and the price only concerns the VOD Tickets as described.  Pictures, images or video’s on www.tomorrowland.com or seen during the purchase process are only illustrations, have no contractual value and can include elements which are not included in the price.  You acknowledge that you will be charged immediately for the VOD Ticket that you purchase, and charges are non-refundable. WAOW reserves the right to change pricing for VOD Tickets at any time in its sole discretion (except with respect to your completed orders) and does not provide price protection or refunds in the event of a later price drop or promotional offering. 

1.5       Purchase process: VOD Tickets can only be purchased with WAOW. Payments can be made via the following means of payment: Bancontact, VISA, Mastercard, iDeal, Sofort, ING Home Bank, Carte Bancaire, Apple Pay, PayPal and AliPay.  Purchases are processed through WAOW’s third party ticketing and payment service providers, See Tickets B.V. or Shopify. The electronic payment process is subject to the general terms and conditions of the payment service provider. If you want to finalize your order, you will have to go through the order process and at the end click on the button to confirm your order with payment obligation. When your order is finalized and we have received your payment in full, you will receive a purchase confirmation and access code to the Site (by filling in your access code on the landing page) and you will be able to use your purchased VOD Ticket and the Content and Services included therein. Without prejudice to article 1.8, VOD Tickets that are obtained in a different manner (either through a different sales channel, or by evading, in any way, the purchase process) will not be deemed valid by WAOW and WAOW reserves the right to deny you access to the Site, the use of your VOD Tickets, the Services and Content. 

1.6       Refunds: Unless otherwise noted, all paid transactions are final. Once you have accessed the Site, you will be deemed to have enjoyed the full benefit of the transaction. You will not be entitled to any refund or credit if you cancel your order prior to the start of the Availability Period, simply fail to view certain Content or are unable to receive certain Services or Content because of a problem with your computer, your network connection, any intervening network connections or some other reason not attributable to WAOW.  WAOW shall hence have no responsibility to reimburse you, whether by refund or credit, in the event you are dissatisfied with any part of the VOD Ticket, Service or Content (e.g., potentially offensive material), the quality of the Content (e.g., the quality of video or audio), the terms applicable to use of the Content (e.g., the duration of Content availability), of in the event you are dissatisfied with the delivery of the VOD Ticket, Services or Content because of elements beyond WAOW’s control (e.g. the speed of your internet connection, rebuffering, network outages,…).

1.7       No right of withdrawal: There is no withdrawal right. In accordance with Article VI.53, 12 of the Belgian Code of Economic Law, the purchaser may not exercise their right of withdrawal in accordance with Article VI.47 for the provision of services related to leisure activities if the contract indicates a specific execution date or period.

1.8       Business to Business sales: Whereas WAOW intends to sell the VOD Tickets mainly to individuals for their personal use, WAOW may allow undertakings, companies or other legal entities (“B2B Purchaser”) to purchase a certain number of Event Tickets, as a package, in order to allow these B2B Purchasers to provide certain individuals (such as the employees of the B2B Purchaser, or individuals who are business contacts or customers of the B2B Purchaser) access to the Site, Content and Services (“B2B Sales”).  The prices and specific conditions for such B2B Sales may be listed on www.tomorrowland.com or will be agreed upon in a separate contract between WAOW and the B2B Purchaser.  B2B Purchasers are in any event also required to comply with all obligations under this Agreement, to the extent, as the case may be, they are relevant for a legal entity.  The B2B Purchaser will, after payment of the price, receive the agreed upon number of access codes for the same number of individual users (“B2B User”).  Together with the access codes, the B2B Purchaser will provide its B2B Users a copy of these T&C’s, which become applicable to the B2B Users by their use of the Site, their viewing of Content, or them using any of the VOD Tickets.

B2B Purchasers are only allowed to purchase VOD Tickets in order to provide access codes for free to their B2B Users and are not allowed to charge their B2B Users any fee or perform any onward sales (to individuals or legal entities) of all or part of the VOD Tickets that they purchased.

1.9       The Tomorrowland account: Following your Ticket purchase with WAOW (whether or not through a Tomorrowland account) we will generate a Tomorrowland account for you. Your personal data will be processed in accordance with our Privacy Policy for the Event.

2. Content and Ownership

Unless otherwise mentioned on the Site, all media available on the Site, including without limitation all VOD broadcasts, information, audio, video, data, online services, text, pictures, games, activities, materials, animation and graphics (“Content”) is protected  by copyright and neighbouring and related rights, patents, utility and design models, rights to inventions, trademarks and service marks, business names and domain names, rights in computer software, database rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) of WAOW or third parties who have licensed WAOW to make such Content available to the Site’s users. WAOW, on behalf of itself, its Content providers and licensors, expressly reserves all Intellectual Property Rights in all Content accessible through the Site. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your purchase of a VOD Ticket, your use of the Site or Services or your payment to WAOW or any third party in exchange for the ability to access and view particular Content.

 

3. Your use of the VOD Tickets, the Services and the Content

3.1       Registration:  In accessing the Site or certain of the Services and Content on the Site, you may be asked to provide registration details, including but not limited to your Tomorrowland Account registration details, a valid e-mail address, date of birth and your full name. We will not grant any user access to any registration-required portions of the Site unless the user has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Site.

Limited License: When you purchase a VOD Ticket or receive an access code from a B2B Purchaser, WAOW grants you (and you agree to accept), a non-exclusive, non-transferable, limited, revocable license to access and use the VOD Ticket, the Site, Services, and Content, through the Authorized Devices (as defined below in section 5.2 of these T&C’s) solely for personal, private, non-commercial purposes (“Private Use”) in accordance with this Agreement, provided that you maintain and abide by all Intellectual Property Rights notices and other proprietary notices contained therein. If you violate the limited license, your permission to access and use the VOD Ticket, the Site, Services, and Content will automatically terminate. You acknowledge that WAOW or its licensors may include digital rights management technology in the Content, and that such technology may “time out” or automatically disable your ability to view and use certain Content after a stated period of time. Private use may include the use of the VOD Ticket to watch the Content with a limited group of family or friends in a private space, unless the applicable copyright laws in your country regard this use as a communication to the public.  WAOW shall in any event not be liable for such Private use.

For any Private Use which is regarded as a communication to the public you will in all circumstances be liable to pay any and all applicable (intellectual property) rights, taxes and duties as applicable in your jurisdiction.

Forbidden use: Except as expressly permitted in this Agreement, you may not and you agree not to:

-       Reverse engineer, copy, disassemble, duplicate, archive, derive the source code of, reproduce, distribute, transmit, download, capture, perform, reproduce, republish, rebroadcast, translate, modify, adapt, upload, edit, post, mirror, create derivatives from or based upon, transfer, sell, license, distribute, exploit, circumvent, frame or deep-link, make available or otherwise use in whole or in part, any of the Content available through the Site (or attempt, or encourage or assist any other person, to do any of the foregoing), other than as permitted under this Agreement;

-       Interfere with or disrupt the Site, Content or Services, and the servers or networks connected to the Site, Content and Services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Site, the Content and the Services;

-       Make any Content available over a network (the Internet, mobile telecommunications networks or other) or via any other reception devices other than an Authorized Device where it could be used on multiple computers simultaneously or otherwise broadcast to multiple viewers other than as allowed hereunder;

Use the Site, Services and Content so as to violate any Intellectual Property Rights privacy and data protection laws and regulations, publicity rights, any communications laws and regulations, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions, or in a manner that suggests an association with any of WAOW’s or its licensors’ products, services or brands;

-       Either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any Intellectual Property Rights notices or other proprietary notice marked on the Content or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content, including geo-filtering mechanisms;

-       Gain or attempt to gain unauthorized access to the Site or Content through hacking, password mining, web or screen scraping, or any other means;

-       Use the Site for the purpose of gathering information for or transmitting unsolicited messages, including e-mail, which includes a prohibition to use any part or feature of the Site for the purpose of promotions or advertising of products or services of yourself or of third parties;

-       Use the Site or any Services and/or Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of WAOW or others.

-       Authorize or allow any other party to do any of the acts forbidden in this Agreement via the use of your account credentials or access code.

Responsible use: You are responsible for the use of your purchased VOD Tickets, including use by other members of your household. By allowing others to use your VOD Tickets, you agree to be responsible for ensuring that such other individual(s) comply with this Agreement and you agree to be responsible for their activity on the Site. Notify us immediately via Customer Care (contact details below) if you suspect any unauthorized use of your VOD Tickets. You agree to provide accurate, current, and complete information (including payment information) when purchasing and using the VOD Tickets. You further agree to maintain and update your information as required to keep it accurate, current, and complete. WAOW can terminate or restrict your access to the Site, Services and/or Content if any information you provide is false, inaccurate, misleading or incomplete or if your access to the Content places an undue burden on our networks or servers. If WAOW terminates your access, you may not access it again.

3.5.     COVID-19.  WAOW wants you to enjoy the Site in all safety and does not promote the organization of large gatherings or community events to jointly enjoy the Site: the Site can be enjoyed alone or with friends and family as long as you comply with the Covid-19 rules and recommendations that are taken by the competent authorities in your jurisdiction (such as social distancing, regular washing of hands with soap and water, wearing face masks and limiting the number of attendees at one place).  WAOW cannot be held responsible for any consequences if you or any of the people you allow to make use of our VOD Tickets do not comply with the applicable Covid-19 rules and recommendations of the competent authorities in your jurisdiction.

 

4. Services/Content considerations

4.1       Access: To access the Site, Services and Content, you must have access to the World Wide Web, either directly or through devices that access Web-based content and must pay any service fees associated with such access. Not all of the features available through the Services and Content, including certain live streaming audio, video or access to high-quality video, will be available to you unless your internet subscription and receiving devices satisfy the minimum technical requirements included herein or as they may be presented to you when you make your purchase of a VOD Ticket. As WAOW may make improvements and additions to the Services and Content, the minimum technical requirements for access to the Services and Content may change. You are responsible for determining whether your receiving devices satisfy the minimum technical requirements before you make your purchase. Moreover, if we change the minimum technical requirements after you make your purchase such that your receiving devices no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Site under the provisions here.

4.2       Availability: The availability of the Content and the Services may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons beyond the reasonable control of WAOW. You agree that WAOW is not obligated to provide you with any specific content under this Agreement and that WAOW can change or suspend access to the Site, Services and Content, in whole or in part, at any time without notice for any such reasons without WAOW being liable for any claims, costs, or damages caused by or arising out of such actions.  Whereas we use reasonable efforts to make available all Content and Services, and all features thereof, in all countries, it may be that in certain countries not all Content and Services, or not all features thereof, are available (for instance because of legal restrictions in your jurisdiction).

4.3       Quality: The quality of how you receive the Services and Content may vary from Authorized Device to Authorized Device and may be affected by a variety of factors, such as your Authorized Device, your location, the bandwidth available through and/or speed of your Internet connection and/or the resolution, settings or configuration of your Authorized Device that you selected for viewing your Content. The Site, Service and Content is subject to transmission limitations of the Internet and networks, including without limitation video and audio dropouts, rebuffering or loss of connection. WAOW makes no representations or warranties about the quality of your viewing experience on your Authorized Device or the ability of any Authorized Device to access or play the Content. To stream or access Content, your Authorized Device must meet certain system requirements, which may include but not be limited to having high speed Internet access. You are responsible for any and all Internet access and data transmission charges. Please check with your Internet provider for information on possible Internet data usage charges.

4.5       Links to third party websites: Inclusion of links from the Site to any third-party website, as well as advertisements of third parties on the Site, does not imply our approval or endorsement of the linked website or of said advertisements. If you decide to leave the Site and access the third-party sites, you do so at your own risk. WAOW is not responsible for third parties’ advertisements on the Site and for the availability of such external sites and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that WAOW will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites.

4.6       Language: You acknowledge and accept that the Site, the Content and the Services will be offered in the English language only.

4.7       Age limitations: Some parts of the Site, Content or Services may be subject to age limitations, and you will be asked to confirm your age before accessing these parts.  You must respect these age limitations, and we reserve the right to deny access in case of non-respect.

 

5. Technical considerations

5.1       System requirements: Access to the Site, Services and Content requires one or more compatible Authorized Devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because access to the Site, Services and Content involves hardware, software, and Internet access, your ability to access the Content may be affected by these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and you cannot request a refund in that respect. Please also note that sharing your Tomorrowland account credentials or your VOD Ticket access code (as applicable) is not authorized.  Your access to the Content may be limited to a single active stream, in which case you will need to log out of one stream before you can access the Content on another Authorized Device. Please also note that such process is subject to latency issues, and the media player on certain Authorized Devices may not support restart, playback, pause, rewind or other functionality.

Authorized Devices:  You may authorize up to 3 devices for use with the VOD Ticket, Services and Content (each, an “Authorized Device”), provided that an Authorized Device may only be registered to a single Tomorrowland account at a given time. You may deauthorize an Authorized Device at any time and authorize a different compatible device or reauthorize the same compatible device.

5.3       Continuity of service: WAOW does not guarantee continuous, uninterrupted or secure access to the VOD Content, Service and Content, and operation of the Site may be interfered with by numerous factors outside our control. WAOW makes no representation that the Site, VOD Tickets, Services and/or Content is appropriate or available for use in any particular location. You are responsible for compliance with all applicable local laws. WAOW reserves the right to modify or temporarily discontinue the Site (or any part thereof) without advance notice, for instance for urgent technical interventions. You agree that WAOW and its licensors will not be liable to you or to any third party for any modification of the Site or any interruption of the availability of the Site or to any VOD Content, regardless of reason or duration. WAOW is not responsible for any error in copy, images, or video relating to any service or feature of the Site. WAOW is not liable for any failure to perform any of its obligations as contained herein due, directly or indirectly, to the failure of any machine, system of authorization, data processing or communication system or transmission link or any other event beyond the control of WAOW. WAOW will not be liable for any damages to, or viruses that may affect, your computer equipment or other property on account of your access to, use of or browsing the Site, Services or Content.

6.         Term and termination

6.1.     This Agreement starts as from the moment the order for a VOD Ticket is made (and, for B2B Users, as from your first use of the Site) and continues to apply thereafter as long as you use the Site, our Service and/or Content.

6.2.     If you commit a serious or repetitive breach of this Agreement, WAOW may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit your access to the Site or any Services and/or Content within it; and (c) retain any amounts payable to you (which you forfeit). If WAOW denies you access, you may not access again.

6.3.     In the event of any termination or expiration of the Agreement, the following articles of this Agreement will continue to apply in full force and effect:

  • section 2(Content & Ownership);
  • section 3.3 (Forbidden Use);
  • section 3.4 (Responsible Use);
  • section 4.4 (User Generated Content);  
  • section 8 (Your Liability);
  • section 9 (WAOW’s Liability);
  • section 11 (Miscellaneous).

7.         Privacy
For information about how we process personal data, we refer to our Privacy Policy for the Event, which you can find on www.tomorrowland.com

8.         Your liability
You agree to indemnify, defend and hold WAOW, its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this Agreement, your use of the Site, the Service or Content or your violation of any third party right, including without limitation any Intellectual Property, property or privacy right.

9.         WAOW’s liability
9.1       No warranty: The VOD Tickets, the Site, Services and Content is provided on an ‘as is’ and ‘as available’ basis. You use them at your own risk. Except as expressly set forth herein, and to the extent permitted by applicable law, WAOW disclaims all warranties, express or implied, regarding the VOD Tickets, the Site, the Services and the Content, or your use or viewing thereof, including without limitation warranties as to the availability, accuracy, video or audio quality and warranties of merchantability, fitness for a particular purpose, tittle and non-infringement. Amongst other things, WAOW makes no warranties (i) that the VOD Tickets, the Site, Service and Content, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, free from viruses or other harmful components, completely secure or accessible from all devices or browsers, (ii) that defects or errors in the Site, Content or Services will be corrected, (iii) that any information contained in the Site, Services or Content will be accurate or reliable, (iv) concerning any content submitted by or actions of our users, (v) that any geo-filtering or digital rights management solution that we might offer will be effective, (vi) concerning any third-party websites and resources. 

9.2       Limited liability: To the extent permitted by applicable law, WAOW will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of business, loss of profits, goodwill, data or other intangible losses. If you are dissatisfied with any portion of the VOD Tickets, the Site, the Services, the Content or this Agreement, your sole and exclusive remedy is to discontinue using the VOD Tickets, the Site, the Services and the Content. Without limiting the foregoing, in no event will the aggregate, cumulative liability of WAOW exceed the amounts actually paid by you for a VOD Ticket (or paid for the individual VOD Ticket you use by the B2B Purchaser), except for those situations where WAOW’s liability cannot be limited under applicable law.  

9.3       Force Majeure: WAOW will not be liable for any loss, damage, delay or failure caused by a cause beyond its reasonable control preventing it from performing any or all of its obligations under this Agreement, including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, sabotage riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unavailability of the Internet or networks, fire, flood or storm, quarantine restrictions, epidemics, the failure of any machine, system of authorization, data processing or communication system or transmission link, unilateral cancellations by artists or other suppliers.  In the event of such a force majeure event, WAOW has the right, at its sole discretion, to postpone all or part of the Period of Availability until the force majeure event ends or to cancel all or part of the Period of Availability if the force majeure event lasts more than 10 days.

 

10        Customer Care:  

10.1    If you have any questions on the purchase or use of your VOD Tickets, you can contact our Customer Care team via digital@tomorrowland.com or interact with WAOW through your Tomorrowland Account. Further contact details are also available on www.tomorrowland.com

10.2.   Complaints can also be filed through the Online Dispute Resolution platform of the EU Commission at ec.europa.eu/consumers/odr

 

11        Miscellaneous

11.1    Assignment: This Agreement and the rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by WAOW in our sole discretion.

11.2    Entire agreement: This Agreement constitutes the entire agreement between you and WAOW and supersedes all prior written and oral agreements or communications with respect to the subject matter herein. The foregoing is without prejudice to the additional terms and conditions that may apply to purchases of goods or services related to the Event and to specific portions or features of the Site, including contests, promotions, sweepstakes or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site or in relation to the Event, the latter terms will prevail with respect to your use thereof.

11.3    Severability: If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any competent court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.

11.4.   Waiver of rights: WAOW’s failure to enforce its rights hereunder or to act with respect to a violation by you or others does not waive our right to act with respect to subsequent or similar violations.

11.5    Applicable Law and Competent Court: This Agreement is governed by Belgian law. Any dispute arising out of this Agreement or your use of the Site, the Services or Content will be brought before the exclusive jurisdiction of the courts of Antwerp, Belgium.