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 (“Festival Tickets”) for the ‘Tomorrowland Around The World The Digital Festival’ (“Event”) including the provision of the artist performances on the one hand and the festival site, seminars, activities, materials and any other related content on the other hand (“Services”) made available through WAOW’s digital festival platform (“Festival 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 Festival Ticket, accessing the Festival Site, viewing Content (as defined below in section 2 of these T&C’s), or otherwise using our Festival 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 Festival 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 Festival Ticket: Subject to the terms of this Agreement, you can purchase Festival Tickets from WAOW. The range of Festival Tickets, and the Services and Content and related features included in each Festival Ticket, is detailed on www.tomorrowland.com. Unless otherwise indicated by WAOW, you can only purchase one (1) Festival Ticket per account.
1.3 Period of use: Festival Tickets can in principle only be consumed on 25 and/or 26 July 2020, subject to the particular Festival Ticket you purchase and according to the program and timetable of the Event. However, some Festival Tickets include video-on-demand access to the Content for a limited period of time after 26 July 2020, as further detailed in the relevant Festival 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 Home Party Packages and People of Tomorrow Packages: Certain Festival Tickets include accessory merchandise and home (party) goods (the “Home Party Packages and People of Tomorrow Packages”), the content of which is described in the description of the relevant Festival Ticket at www.tomorrowland.com. The Home Party Packages and People of Tomorrow Packages 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. These accessory 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 cannot guarantee that you will receive them before the date of the Event. WAOW bears no responsibility for the loss or late delivery thereof as this is under the sole control of the postal carriers. Hence, you acknowledge and accept that you cannot claim a (full or partial) refund should these accessory goods not arrive or only after the Event. Access to the Event as part of the Festival Ticket will in any event be delivered to you electronically.
1.5 Pricing: Prices (including the available preferential rates and discounted rates for buyers of tickets for the postponed Tomorrowland Belgium 2020 and Tomorrowland Winter 2020 festivals (“Main Buyers”)) for the Festival 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 Festival Site on the one hand as well as the provision of the festival site, seminars, activities, materials and any other related content on the Festival Site on the other hand . 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 Festival Ticket will be described as accurately as possible on www.tomorrowland.com and the price only concerns the Festival 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 Festival Ticket that you purchase, and charges are non-refundable. WAOW reserves the right to change pricing for Festival 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. Prices for the delivery of the accessory goods included in the Home Party Packages and People of Tomorrow Packages 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: Festival Tickets can only be purchased with WAOW. Unless otherwise indicated by WAOW you will first need to create a Tomorrowland account on www.tomorrowland.com . Unless otherwise indicated by WAOW, you can only purchase one (1) Festival Ticket per account. 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 Festival 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 Festival Ticket and the Content and Services included therein. Without prejudice to article 1.8 and 1.9, Festival 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 Festival Site, the use of your purchased Festival Ticket and/or our Services.
1.6 Refunds: Unless otherwise noted, all paid transactions are final. Once you have accessed the Festival 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 Festival 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 Festival Ticket, including the Services or Content because of elements beyond WAOW’s control (e.g. the speed of your internet connection, rebuffering, network outages,…).
1.7
Right of withdrawal: This article 1.7 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 accessory goods included in the Home Party Packages and the People of Tomorrow Packages, WAOW provides the Festival 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 Home Party Package or People of Tomorrow Package (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 in your Home Party Package or People of Tomorrow Package (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 Care team via aroundtheworld@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]
1.8
Business to Business sales: Whereas WAOW intends to sell the Festival 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 Festival 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 Festival 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 Festival Site, their viewing of Content, or them using any of the Festival Tickets.
B2B Purchasers are only allowed to purchase Festival 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 Festival Tickets that they purchased.
1.9. Sales via Partners. WAOW has authorized the official partners of WAOW listed on www.tomorrowland.com(the “Partners”) to purchase Festival Tickets from WAOW and sell these Festival 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 Festival Tickets also apply to you when you have purchased the Festival Ticket via a Partner, when you access the Festival Site, view Content or when you otherwise use our Festival Tickets through the access codes for the Platform that are provided to you by the Partner.
2 Content and Ownership
Unless otherwise mentioned on the Festival Site, all media available on the Festival Site, including without limitation all music on the one hand and all broadcasts, information, audio, video, data, online services, text, pictures, games, webinars, workshops, 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 Festival Site users. WAOW, on behalf of itself, its Content providers and licensors, expressly reserves all intellectual property rights in all Content accessible through this Festival 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 Festival Ticket (directly by you or by a B2B Purchaser), your use of the Festival 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 Festival Ticket, the Services and the Content
3.1 Registration: In accessing the Festival Site or certain of the Services and Content on the Festival 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 Festival Site unless the user has completed the necessary registration associated with access to such portion of the Festival Site.
3.2
Limited License: When you purchase a Festival 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 Festival Ticket, Festival 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 Festival Ticket, Festival 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 Festival 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 Festival Ticket, Festival Site, Services, and Content outside the in the previous paragraph described Private Use (for instance where you intend to use the Festival Ticket for making available the Festival Site, 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 Festival Site, 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 Festival 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 Festival Site, Content or Services, and the servers or networks connected to the Festival Site, Content and Services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Festival 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 Festival 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 Festival 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 Festival Site or Content through hacking, password mining, web or screen scraping, or any other means;
- Use the Festival 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 Festival Site for the purpose of promotions or advertising of products or services of yourself or of third parties;
- Use the Festival 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.
3.4
Responsible use: You are responsible for the use of your purchased Festival 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 Festival Ticket by their B2B Users. By allowing others to use your Festival 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 Festival Site. Notify us immediately via Customer Care (contact details below) if you suspect any unauthorized use of your Festival Ticket. You agree to provide accurate, current, and complete Information (including payment information) when purchasing and using the Festival 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 Festival 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. In light of the Covid-19 pandemic, WAOW organizes the Event as an alternative to the regular Tomorrowland festivals. 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 Festival 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 Festival Site are available according to a program and timetable (subject to change). As is the case with a regular Tomorrowland festival, certain Services and Content run simultaneously and may overlap. You can digitally navigate through the Services and Content on the Festival 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 festivals, some Services and Content may have a capacity limit (e.g. a webinar via Zoom has a maximum capacity of 10,000 users), 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 Festival Tickets description on www.tomorrowland.com as well as in the relevant parts on the Festival 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 Festival Site due to a capacity limit.
4.2 Access: In order to access the Festival 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 Festival 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 Festival Site under the provisions here.
4.3 Availability: The availability of the Festival Site, Content and the Services included in the Festival 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. 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 Festival 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).
4.4 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 Festival 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. 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 Festival 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 Festival 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 Festival 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 Festival 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 Festival Ticket, accessing the Festival Site, viewing Content, or otherwise using the Festival 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 webs: Inclusion of links from our Festival Site to any third-party website, as well as advertisements of third parties on our Festival Site, do not imply our approval or endorsement of the linked website or of said advertisements. If you decide to leave our Festival Site and access the third-party sites, you do so at your own risk. WAOW is not responsible for third parties’ advertisements on our Festival 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 Festival Site, the Content and the Services will be offered in the English language only.
4.8. Age limitations: Some parts of the Festival 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 Festival 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 Festival 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 Festival 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 Festival Site may be interfered with by numerous factors outside our control. WAOW makes no representation that the Festival 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 Festival 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 Festival Site or any interruption of the availability of the Festival 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 Festival 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 Festival Site, Services or Content.
6. Term and termination
6.1. This Agreement starts as from the moment the order for a Festival Ticket is made (and, for B2B Users, as from your first use of the Festival Site) and continues to apply thereafter as long as you use the Festival 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 Festival 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 4.5 (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 Festival 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 Festival Tickets (including, for the avoidance of doubt, the Home Party Packages and People of Tomorrow Packages and all their components), Festival Site, 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 Festival Tickets (including, for the avoidance of doubt, the Home Party Packages and People of Tomorrow Packages and all their components), the Festival 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 Festival Tickets (including, for the avoidance of doubt, the Home Party Packages and People of Tomorrow Packages and all their components), Festival 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 Festival Site, Content or Services will be corrected, (iii) that any information contained in the Festival 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. Components of the Home Party Packages and People of Tomorrow Packages 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: 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 Festival Tickets, the Festival Site, the Services, the Content or this Agreement, your sole and exclusive remedy is to discontinue using the Festival Tickets, the Festival 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 Festival Ticket (or paid for the individual Festival Ticket you use by 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: WAO 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 Care:
10.1 If you have any questions on the purchase or use of your Festival Ticket, you can contact Customer Care team via aroundtheworld@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 atec.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 via www.tomorrowland.comor 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 Festival 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 Festival Site, the Services or Content will be brought before the exclusive jurisdiction of the courts of Antwerp, Belgium.