Canopy Festy, LLC Limited Liability Company
Canopy Festy, LTD Limited Company
CONDITIONS GENERALES
Last updated: June 20, 2024
Welcome to Canopy Festy, LLC (the “Website”). These terms of use (the “Agreement”) are established and entered into by
and between you and Canopy Festy, LLC and LTD (the “Company”, “us”, “us” or “our”) and governs your use and access.
to (i) the Website; (ii) our mobile applications (“Applications”); (iii) our applications and social media platforms;
and (iv) all products, materials and services provided to you through the foregoing (collectively, the “Services”).
The objective of the Services is to provide a platform facilitating the presentation, publication and access to festive events,
scientific and educational (and nature) by connecting owners with individuals wishing to rent their property
or part of their property, and thus make special places and events accessible to as many people as possible.
These Terms of Use have been established to provide a safe and enjoyable experience for everyone.
Mission de Canopy Festy:
Facilitate access to these events to allow as many people as possible to benefit from and access them. Advantageously well located pitches
or offering exhibitions on monuments or others, within cities or other situations, become accessible, including for private events.
The platform facilitates access to these announcements which provide information about events, their type of reception and other useful information to consult.
The information system known as 'portal type platform' is made available to members and readers in order to search, consult and select, post Advertisements, and facilitate relations between members. Members can use the features to post, select ads, which ultimately allows them to process of forming a contract between the members behind the computer transaction. Canopy Festy only provides the 'portal' and its functionalities. In no case does Canopy Festy become a party to the contract entered into between members, and to the events thus placed available to users. The company 'Canopy Festy' with its platform carries out a technical hosting activity. It offers intermediation functionalities and services to members who wish to use them for their publications. and those who wish to access it. These announcements or publications are presented according to their order of registration on the site made by the 'Hosts'. Filters are available on the site to facilitate the search for announcements according to event type criteria and by country. Other criteria may be added in the future.
THE FOLLOWING TERMS APPLY TO HOSTS, VISITORS, AND OTHER USERS OF THE SERVICES, UNLESS OTHERWISE STATED. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES AND THIS PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT ON YOUR BEHALF AND, you must check the 'terms and conditions' box dedicated to these agreements, IF APPLICABLE, OF THE ENTITY OR ORGANIZATION YOU REPRESENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES AND MUST EXIT THE WEBSITE IMMEDIATELY. CANOPY FESTY RESERVES THE RIGHT TO CHANGE THE FOLLOWING TERMS BY MAILING NOTICE OF CHANGES TO USERS. PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
Legal notices
The regulations relating to legal notices are available by clicking on this link:
Legal Notices
Definitions
1. The term user may refer to a HOST, a VISITOR or other users (non-hosts) who offer RECEPTIONS.
2. HOSTS offer PROPERTIES for rental called 'HOME'.
3. VISITORS (guests) search for, reserve and use PROPERTY rentals.
4. EVENTS are the attractions that attract individuals to a property, such as a local festival, tournament, coronation,
a wedding or the Olympic games.
5. RECEPTIONS or RECEPTION SERVICES are offered by third parties (or by the HOST) at a HOST's property.
The HOST reserves the right to be present or to have his representative present at any RECEPTION during its duration.
6. EVENTS and RECEPTIONS are not offered by the HOSTS; only PROPERTIES are offered by HOSTS.
But HOSTS can invite others to host EVENTS and RECEPTIONS at their properties.
None of the PROPERTIES or RECEPTIONS displayed on this site include overnight accommodations.
7. A RECEPTION BOOKING is a contract allowing you to occupy part of a Property with a view of the EVENT and/or to benefit
RECEPTION SERVICES at a specific time.
8. Hosts and Visitors achieve this status once they have created an account.
Accessibility requirements and restrictions
1. Any natural or legal person can create an account
2. To use the Website or any other Service, you must be (i) at least 18 years old, (ii) have reached the age of majority
at your place of residence, and (iii) not be a competitor or use the Services for any purpose. which are competitive with the Company.
3. You must be at least 21 years of age to request or undertake the transportation of any alcoholic beverage using the Services.
By placing or accepting an order for delivery of alcoholic products to the rented property, you certify under the law that you
and the intended recipient are at least 21 years old. Any deliberate misrepresentation of your age or that of the recipient to obtain
Illegally drinking an alcoholic beverage is a crime, and we will cooperate with authorities to prosecute you to the fullest extent of the law.
4. Users must keep all profile and account information up to date.
5. Users cannot create more than one account.
6. Users must maintain the confidentiality of their accounts and not share or transfer their account information with third parties.
7. By accessing or using the Services, you represent and warrant that you meet all of the above eligibility requirements.
You also represent and warrant that you have the right, authority and capacity to enter into this Agreement on behalf of yourself or the entity or organization that you represent. If you do not meet all of these requirements, you may not use or access the Services.
The Welcome Service mainly concerns visibility at an Event for a moment and a duration in relation to
the event being an event external to the host. It cannot be a service or a
offer to occupy the accommodation as nightly “accommodation”.
The role of Canopy Festy cannot be the obligation to control the Advertisements posted, in the sense of their actual
existences, their contents and descriptions such as messages and other elements, to control behaviors
members.
Canopy Festy reserves the possibility and the right to verify the presence of risks affecting the portal,
to check the content of advertisements that may degrade the functionality of the platform to delete or deactivate
accounts for operating purposes, optimization, security and verification of the Canopy Festy 'Portal',
to ensure Members' compliance with the rules of use and Conditions specified here, to comply with the laws
applicable to the location of Members, due to the origin of their connection, the decision of a court,
of a duly authorized judicial, police or administrative authority, process the Content that we qualify
inappropriate, harmful or objectionable, take the measures set out in these conditions, maintain and apply
all eligibility criteria, where applicable by deleting Content or Advertisements and Member Accounts
exhibiting breaches of these Conditions. Canopy Festy informs Members in such cases, exclusion made when
the reasons behind these decisions are contrary to the laws in force in the countries of the members, and other reasons
originating from an administrative request, motivated by non-compliance with the laws. In these latter cases,
Canopy Festy responds to the rules to which it is subject and does not communicate or motivate the reasons
of exclusion.
Members may appeal in such situations by contacting User Support, therefore in
committing to cooperate in good faith with Canopy Festy, to provide essential information for Canopy Festy,
in connection with the investigations carried out by Canopy Festy on the use outside of the conditions present in these
Canopy Festy 'Portal' Terms.
'Canopy Festy' and its platform made available to users offer a functionality of
relationship between people. 'Canopy Festy' is not intended to act as an agent, proxy or functionality
host, organizer, or services associated with the Receptions. 'Canopy Festy' does not have an agent role in
name of a member 'Host' or 'Visitor', or other functions in any form of this type on behalf of a member,
this excludes services relating to payments and payment transactions for which in this case
Canopy Festy becomes collection agent, as stipulated in the Conditions relating to Payments.
'Canopy Festy' also applies other Conditions and Policies, notably those
which have a legal and obligatory character, also those complementary such as
that the Privacy Policy Conditions which relate to the collection of Data
Personal, data relating to Intellectual Property, and those relating to payment conditions
managers of payment services available to Members from payment entities, and
"Canopy Festy Payments Services".
Host and Visiting Members must understand and adhere to the rules set by 'Canopy Festy' during
registrations, connections and uses of and to the 'Canopy Festy' Platform, approvals present in the
forms present in the platform.
Hosts must understand and comply with the laws, rules, regulations and contracts in their
together with third parties who apply their functions and services as a Host.
Access to the Services; Modification of the Services; Termination of Use
Accessibility Statement
The Company is committed to making the content of our website accessible and user-friendly to everyone. If you encounter difficulties
to view or navigate content on the Website, or if you notice any content, feature or functionality that,
you believe is not fully accessible to people with disabilities, please email our team at [EMAIL ADDRESS]
with “Access Disabled” in the subject line and provide a description of the specific feature that you believe will
is not fully accessible or a suggestion for improvement. We take your feedback seriously
Modification
The Services may change from time to time as the Company evolves, refines or adds more features to the Services, or corrects or updates information contained in the Services. The Company reserves the right to modify, withdraw or interrupt the Services, in whole or in part, at any time (including after you have submitted or accepted an order) with or without notice. You agree that the Company does not assume no liability to you or any third party for any loss or damage caused by the unavailability of the Services, in whole or in part, at any time or for any period.
Termination
The Company may suspend or terminate your access to or rights to use the Services at any time, for any reason, in our sole discretion and without notice, including conduct that the Company, in its sole discretion, considers to be a violation of the terms of the this Agreement, violation of applicable law or harmful to the interests of a third party. Upon termination of your access or rights use of the Services, your right to access and use the Services will cease immediately. The Company will have no liability to you for any suspension or termination of your rights under this Agreement, including for termination of your account.
Effects of terminations
Upon termination of this Agreement, all provisions which by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers and limitations. of responsibility. Termination of your access to and use of the Services will not relieve you of any obligations arising or accruing prior to termination or limit any liability you may otherwise have to the Company or any third party.
If you have created an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
ACCESS MAY BE INTERRUPTED OR SUSPENDED WITHOUT NOTICE OR RATIONALE FOR MAINTENANCE OR UPGRADE.
Service Use Policy
Access to the Canopy Festy site.
The site is accessible free of charge via internet access on a connected computer medium.
All costs necessary for access to the services (computer equipment, Internet connection, etc.) are the responsibility of the user.
Access to services dedicated to members is carried out using a username and password.
A person authentication process may be put in place to meet the requirements countries that require it.
For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without notice or justification.
The 'Canopy Festy' Platform offers an online tool allowing "Member" users, those who are registered,
to carry out actions of publishing, offering, searching and reserving. These Members who publish and offer hosts are “Hosts”.
Users who search, consult, reserve or use the Home thus offered are "Visitors", until their registration
at the end of which they become Members.
Hosts offer “Welcomes” associated with “Events”, they can also offer welcomes intended for private events.
“Host” members inform about the type of “Reception” they have and offer in their publications.
The duration of these Receptions is in relation to the events and their particularities, this type of reception however excludes overnight accommodation.
The events are not linked to the hosts, unless the latter offer their Reception intended for the organization of events.
'Canopy Festy' and its platform made available to users offer a functionality for connecting people. 'Canopy Festy' is not intended to role of agent, proxy or functionality of host, organizer, or services associated with ‘Reception’. 'Canopy Festy' does not act as an agent on behalf of a member 'Host' or 'Visitor', or other functions in any such form on behalf of a member, this excludes services relating to payments and payment transactions for which in this case ‘Canopy Festy’ becomes collection agent, as stipulated in the Payment Conditions.
Host and Visiting Members must understand and adhere to the rules set by 'Canopy Festy' when registering, connecting and using the 'Canopy Platform Festy', approvals present in the forms present in the platform.
Hosts must understand and comply with the laws, regulations, regulations and contracts as a whole with third parties that apply to their functions and services in Host quality.
Search functions - Consultations - Selections and Reservations
Consultation:
You can search for Welcoming Services using criteria such as location, event type'.
You can also use filters to direct your search results to a specific area. part of the criteria such as the type of Event or other criteria.
Search results are based on their relevance to your search and other criteria.
Relevance takes into account factors such as availability.
Selection - Choice of Event:
The selection of the event is made from the platform presentation page.
This page allows you to carry out your search on the criteria provided. A filter applies to the location and type of event.
Descriptions and other details are provided such as those relating to information related to the event, the welcome,
the services offered, and other information such as photos and transport instructions.
Reservation:
A Reception reservation is a contract to enter and occupy the part of the accommodation having
the view of the “Event”, to benefit from the “services”, at the stipulated times, if applicable applicable,
this during the transaction and to the number of people selected. The host reserves the right to be present,
or to use other representatives at its convenience on Reception time.
If you stay after the scheduled departure time, or if you exceed the number of people,
the Host has the right to make you leave or make you pay the excess, in a manner consistent with applicable law and rules,
including imposing reasonable sanctions on you for Reception occupation unduly prolonged.
You may not exceed the maximum permitted number of Travelers for reasons relating to security, among other reasons defined by the Host.
The Reception offers access to an Event, under no circumstances can the host respond to the Event itself, its content or its duration,
if necessary, a postponement or cancellation of said event.
As soon as the Reservation and payment have been made, a messaging functionality is available to communicate with the Host.
1. The Visitor must reserve the Reception online. The firm reservation made after the payment process, a communication
email is sent to the Host.
2. Online reservations become effective upon written confirmation from the agent to the tenant
(reservation confirmation/counting summary) by email.
3. The Visitor's reservation is valid for all the people specified in number in the reservation,
on behalf of the Visitor member designated in the reservation, he is responsible for the contractual obligations of all persons
who accompany him.
4. Additional agreements and supplements must be in writing in the sections provided in the advertisement.
They will only form part of the contract if they are contained in the booking confirmation.
5. Visitors must ensure that they are fully aware of the elements relating to the Event mentioned in
the publication.
6. The number of admitted people specified by the Host must be respected by the visitor.
Cancellation:
Certain events occur over a short period of time, and are accomplished only once within the year, a cancellation is penalizing
both for the Hosts, but also for the other visitors.
Canceling a reservation meets the cancellation conditions applicable to the reservation.
Special conditions apply in the event of force majeure, if an event independent of your will,
you could benefit from a partial refund or full under the force majeure policy.
In this last case of cancellation, the host must however react to verify that the visitors became aware
information is known to everyone and transmissible.
However, when you book, you bring to your attention by your own care and research, information
relating to the Event, including when the Host brings details communicated for informational and complementary purposes only.
1. The owner may terminate the contract if performance of the contract becomes impossible, in case of force majeure.
If possible, the host will offer another solution. In the event of an offer of equal or better Reception, the contract must be considered fulfilled.
2. Furthermore, the owner may cancel the reservation before the start of the rental or cancel it after the start of the rental, if:
• the tenant continually disrupts the execution of the contract despite his warning,
• the tenant continually acts contrary to the contract in such a way that immediate termination of the lease is justified or if
In these cases, the owner's claim against the tenant is based on the clauses of these General Terms and Conditions.
1. The tenant may cancel his reservation at any time preceding the 14th day of the reservation. Beyond that, the rules relating to cancellation apply. Rules available and to consult in this link. 'Cancellations'
The declaration of withdrawal requires communication via the messaging system offered between the host and the Visitor available on the platform as soon as possible. have logged in to their member account.Cooperation Obligations
1. The Visitor is required to carry out a corresponding inspection at the start of the Reception period, upon arrival.
If the Visitor notices differences in descriptions between the Home and the publication, on access to the Event
such as visibility on the Event, this when it arrives at the Reception location, these problems must be immediately
reported to the owner.
Since such discrepancies cannot be attributable to Canopy Festy, the Host and Visitor undertake to find a solution.
In the event of damage to the links between the publication and the elements of the Home published in said publication by the Host,
the Visitor has the option of not presenting the 'QR' code and thus opposing the contract.
Please note that the Host and the Visitor are solely responsible for complying with the obligations in this area.
2. In case of unresolved complaints by the owner, it is recommended to immediately agree with
the owner of a price reduction, to pay it and document it in writing.
Voucher and validation
1. After receipt of all payments due before the start of the Reception according to the confirmation of
reservation, the Visitor receives a voucher allowing him to come to Reception, received by the Host,
to use the Reception reserved and the services and to attend the Event thus at the origin of the publication.
2. On the voucher you will find all the necessary information about the reserved rented property published in the advertisement by
the Host, in addition, to allow the reservation to be justified at the place thus published in the advert, if necessary
to facilitate access to the Event venue.
3. It is possible to have a 'QR' code on the voucher, which would be used to provide the Welcome service.
The Visitor would present the 'QR' code to the Host in order to validate the Visitor's acceptance of the Home at the time
from the start of the reservation, which Host would scan the code to 'start and validate' the service.
This process makes it possible to consolidate for Hsot and Visitors the respectability of the terms of the publication, and thus formalize the contract.
4. This process, noted in point 3 of this chapter, makes it possible to ensure the respectability of the parties and their identity, in the event of absolute necessity.
Member safety is considered important by Canopy Festy which provides its members with a means to validate compliance wherever possible.
commitments of its members in the context of a reservation and publication.
Informations Restrictions
Prohibited uses
You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services in any way that could harm the Services or the general business of the Company.
Prohibited activities
You further agree not to engage in any of the following prohibited activities in connection with use of the Services:
(a) No violation of laws or obligations. Violate any applicable laws or regulations (including, but not limited to,
intellectual property laws; laws relating to the right of privacy or publicity; wire fraud laws;
and laws governing the shipment of ammunition, fireworks, articles identified as dangerous by the U.S. Commission
safety of consumer products, and other elements prohibited by law) or any contractual obligation.
(b) No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam,
spam, chain letters or any other form of unsolicited communication, commercial or otherwise.
(c) No identity theft. Impersonate others or otherwise misrepresent your affiliation with a person
or an entity for the purpose of misleading, confusing or deceiving others.
(d) No harm to minors. Exploit or harm minors in any way, including by exposing content
inappropriate or obtaining personally identifiable information.
(e) No interference with the satisfaction of others. Harass or interfere with anyone’s use or enjoyment of the Services
by anyone or expose the Company or other users to liability or other damages.
(f) No Interference or Disabling of the Services. Use any device, software or routine that interferes with the correct
operation of the Services, or take any action that may interfere, disrupt, disable, impair or create
excessive load on the infrastructure of the Services, including connected servers or networks. to the website.
(g) No monitoring or copying of material. Copy, monitor, distribute or disclose any part of the Services
by automated or manual processes, devices or means. This includes, but is not limited to, the use of devices
automatic such as robots, computer robots and/or robot software, ‘bots’, offline readers,
data crawlers or extractors to delete, copy, harvest or extract website data,
these activities and processes will be considered data theft.; provided, however, that the Company grants under
condition for operators of public search engines revocable authorization to use robots to copy elements
of the Website for the sole purpose and solely to the extent necessary to create publicly accessible searchable indexes
elements, but not data storage layers or archives of these materials.
(h) No viruses, worms or other harmful software. Upload, transmit or distribute to or through the Virus Services,
Trojan horses, worms, logic bombs or other material intended to damage or modify the property of others, including
attacking the Services via denial of service or distributed denial. service attack.
(i) No unauthorized access or security breach. Violate the security of the Services by (i) any attempt to gain access
unauthorized to the Services or other systems or networks connected to the Services; (ii) violation or circumvention of the
encryption or other security codes or tools; or (iii) data mining or interference with any server,
computer, database, host, user or network connected to the Services.
(j) No reverse engineering. Reverse engineer, decompile, or otherwise attempt to obtain
the source code or underlying information of or relating to the Services.
(k) No collection of user data. Collect, harvest or assemble any data or information regarding any
other user without their consent. This includes, without limitation, their emails, usernames or passwords.
(l) No other interference. Otherwise attempt to interfere with the proper working of the Services.
(m) Attempting or helping others to attempt. Attempt to perform any of the above actions or assist, enable
or encourage others to do or attempt any of the above.
Geographic Restrictions
The Services are controlled by the Company from its offices in the United States of America and Ireland. The Company makes no declaration according to which Services or Content are appropriate or available for use in other locations, and access to them from territories where the Services or Content are illegal is prohibited. Individuals and entities who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Host-specific obligations
Hosts must:
(a) create a profile to use the Canopy Festy Applications;
(b) comply with all applicable laws and agreements with third parties;
(c) clearly communicate instructions to Visitors;
(d) clearly communicate whether the host will be present at a reception
(e) include terms or conditions in property listings that comply with the Service Fees and Terms of Canopy Festy, LLC & LTD;
(f) post easy-to-understand and conspicuously posted terms and conditions on each listed property;
(g) identify, include and remit applicable taxes or VAT in the price of the reservation;
(h) clearly communicate whether you will be present at a function;
(i) respect the rules of netiquette.
(j) be responsible for identifying and complying with obligations under applicable tax laws to report,
pay or include in the price of the reservation any VAT, or other indirect taxes, tourist taxes, taxes on
income or other applicable taxes; and
(k) pay Canopy Festy the service fees and all applicable taxes for each reservation booked and made on the Site.
These taxes will be automatically deducted from the Visitor's payment to the Host.
Once a host accepts a reservation request, they are under contract with the visitor and are responsible for providing the property and
other services agreed to the visitor under the conditions and prices set out in his advertisement.
(l) The Host must ensure the conformity of the structure of his Reception in line with the number of people
welcomed this in terms of safety and to ensure compliance with the rules in force.
Hosts can post listings to share their event-related property deals. Hosts set their own rates
and may combine their Property offerings with other Receiving Services. Hosts control availability, content and policies
of their real estate advertisements. Hosts can post reviews and comments. The host will have a personal page containing personal data and events/properties they have posted. Visitors will not have access to the Host's personal data, even after a reservation and payment has been made.
Internal messaging on the site is made available to Hosts and Visitors to exchange information in a confidential and respectful manner.
As a Host, you are responsible for your own acts and omissions. Home must take into account the comfort and safety of people. Instructions if they are essential must be clearly communicated to visitors.
It is up to you to respond to the services that you have made available to Visitors in your ‘Event’ file.
Contract with the Visitor:
Upon receipt of a reservation request, upon its acceptance, you are informed by a confirmation of this reservation on the platform
Canopy Festy, en as a Host, you enter into a contract with the Visitor and you are responsible for the provision of the Host service and services
that you will have previously provided on the platform, under the conditions and prices set out in your ad. You agree to pay
‘Canopy Festy’ for service fees and taxes applicable for each reservation. ‘Canopy Festy’ will deduct the amounts owed from your payment.
The Host undertakes to respect the information posted on its Event page, in particular on the information posted in the announcement and that relating
the type of reception and the exposure provided by the Reception, on the services and all other information allowing a respectful welcome to visitors.
The Visitor is asked to undertake to respect the rules relating to the updating of layout of the space which allows you to enjoy the Event.
All conditions or terms that you include in your ad, generally speaking, must be compliant with service charges
‘Canopy Festy’ and legal conditions additional information from Canopy Festy, our policies and the information provided in
your Advertisement, and be disclosed in a visible and understandable manner in the description of your Ad.
Announcement Management:
Account creation, its role, permitted and prohibited uses and its operation, until its deletion.
The role of the Host is to create an account to be able to create an announcement informing of the availability of a space personnel
which brings notable visibility to an Event which takes place mainly outdoors, for public events, and possibly in
indoors for private events. The characteristic of the reception space must be selected in the form dedicated to
this information as well as the dates associated with the Event. The Host also has the possibility of completing this reception
through drinks, snacks or more elaborate meals. A host will have to create a account in order to be able to publish your page
containing the information that he wants to share. The account creation process includes declaring personal data
and data relating to the Event(s) and services made available to Visitors. Personal data will not be
arranged on the Event sheet, the Visitor will not have access to this data included when he has made the selection and payment.
In addition, information elements appear in the forms in order to inform Visitors.
This information is necessary for the operation of the site and to guarantee optimum interest of the ad for visitors. The Host has possibility of booking an Event and becoming a visitor. The personal page of the Host will contain access to personal data, to the Events created, and the where applicable, information relating to reservations. The Host has the possibility of modify your account and personal information and those related to the Event. Account closure feature is available, including deleting an account Event. Information relating to rights to personal data and those relating to the following elements are present on the following page.
Obligations specific to visitors
Visitors must:
has. Create a profile to use Canopy Festy apps.
b. send a message to a HOST via a booking only and only when you are logged in to the website;
vs. pay all fees related to a reservation;
d. depart at the scheduled departure time or pay any excess penalty required by the Host to the extent permitted by law;
e. not exceed the number of people permitted in a property;
f. follow all Host rules communicated to Visitors;
g. leave the property in the condition it was in on arrival and be responsible for any damage caused to
Host ownership arising during a reservation; and
h. be responsible for the acts or omissions of any minor children, other people or pets on a property or
reception they have booked and must ensure that these children and others comply with the host's requirements.
i. comply with the rules set by the Host relating to the Reception when it is carried out by a third party.
The Visitor is responsible for the acts and omissions of all persons who accompanied. It is your responsibility to respect the instructions given by the Host and have the responsibility to leave a welcome and personal property associated with the condition in which you found it upon your arrival, you are responsible for pay all claim amounts necessary to cover the damages that you, your visitor(s) or your your pets have caused.
You must act with respect and integrity, treat others with consideration and comply with applicable laws at all times. If your reservation includes minor children among the Visitors, you must take the necessary measures to ensure that this or these last ones respond to requirements related to reception and the event.
Visitors have the possibility on the platform to consult and select the Events made available to them by the Hosts. The information presented is those as declared by the Host. Creating an account is required when payment process. The Host will receive the selected choices and information relating to your reservation choice. The Visitor has at his disposal the possibility offered to modify or close their account. It also has the ability to create an account as a Host’. A personal page is available to access the personal data, reservation data, and Events if these have been created. Information relating to rights to personal data and those relating to the following elements are present on this page.
Obligations for all users (hosts and visitors)
has. Use of the site is free.
b. Users are responsible for all charges necessary to access the Site.
vs. Users access the site with a unique username and password.
d. Identity authentication functionality may be implemented in accordance with country laws and Canopy Festy's identity security obligations.
Applicable taxes
As a Host and Visitor, you are responsible for determining, inquiring,
and fulfill your obligations under applicable tax laws to report,
collect, pay or include in your price any VAT or other indirect taxes,
tourist taxes, tourism taxes, income taxes or other applicable taxes (“ Taxes »).
'Tourist taxes - rules of samples'
In some local authorities, tax regulations may
force the collection and/or reporting of tax information about you,
to withhold taxes from your payments, or both. If you do not provide us
the documents that we consider sufficient to justify such an obligation of
deduct taxes from payments to you, we may deduct
payments up to the amount required by law, until
sufficient documents are provided. You agree that ‘Canopy Festy’ may
issue invoices or similar documents for VAT on your behalf, any
goods and services tax, for any consumption tax or other
taxes relating to your Host Services so that our visitors and their businesses
can make accurate tax returns.
Operating costs
‘Canopy Festy’ requires operating costs to support our various services. Generally applied to members, Host and Visitor, in particular for access to the Canopy Festy platform, its maintenance, additional services and its functioning. Fees are shown for both Visitors and Hosts when of the reservation phase, that of payment and that relating to the summary of Event. For more information on the subject of operating costs, visit this dedicated page Service fees page operations
Payments
1. The corresponding payment terms are determined individually for each publication.
2. Payments are due and made at the time of booking executed online during the payment process.
Payment will be made including fees, taxes and charges. Payments made by credit card,
the amounts will be debited accordingly from the bank card in the total amount and currency of the reservation.
Arrival and departure
Arrival and departure are to be considered by everyone and are individual. The trip must be planned by the Visitors, certainly on the advice of the Host, but on the sole responsibility of the Visitor. The exact time of arrival at the Reception is specified in the publication, and according to the agreements exchanged between the host and the Visitor and possibly indicated on the voucher. This time is closely linked to the Event, depending on the latter, by nature or obligation, the times may vary throughout the day or night. These Events can in fact be scheduled or occur during the night, possibly involving Natural Events. The departure time taken into consideration is that mentioned in the publication, and that revisited according to the agreements made between the parties during the exchange of messages on this subject. It should be noted that the principle of Canopy Festy is not to offer its platform for overnight or day accommodation, this excludes a direct relationship with an Event.
Number of people and services provided
1. The range of services agreed in the rental contract results from the description of the property.
Excluded from the service are all circumstances which are not directly linked to the property or
to the contracted services, including the environment of the property, the beach and the local conditions of the vacation spot.
2. The number of people admitted is respectfully that selected by the Visitor, adults and children.
Beyond that, the Host may refuse more people than those initially reserved, particularly for security reasons.
In the event of an excess, the Host and the Visitor must exclude the excess number of people.
If the Host finds himself unable to exclude these people, he may, for violation of the contract, terminate the Host without
Reimbursement of Reception and services.
3. The services must be the subject of attention and respect on the part of the Host.
It is strongly recommended to exchange details on these services and their compositions, and in particular when it comes to
services including so-called 'elaborated' meals and drinks
The details provided by the host and exchanged with the visitors are strongly advised to remember and respect.
The Host has the choice of having these services carried out by external partners. These choices must be made for publication,
and transmitted to the Visitor during exchanges between members.
Prices
1. The prices of the Homes are specified in the description of the publication.
The price includes the services indicated by the Host, Reception and the selected service services,
and all commissions related to Canopy Festy’s services.
2. Prices include charges, such as all the different taxes linked to the host countries.
3. For justified reasons e.g. changes in exchange rates, changes in taxes,
the Host has the right to modify its prices. This price adjustment is authorized up to 14 days before the first day of reservation.
A price increase of more than 10% gives the Visitor the right to terminate the contract within 10 days without paying any costs.
We recommend that the Visitor declare the termination in writing. Otherwise, the price adjustment is considered accepted.
The Host has the obligation to inform the Visitor of these modifications and specify their nature.
Intellectual property rights
Ownership of Intellectual Property
You acknowledge that the Services contain information,
data, software, photographs, graphics, videos, fonts, graphics, music, sounds and other copyrighted material,
trademarks, trade secrets, patents or other intellectual property rights in the Services and their features
and features (collectively, the “Content”). You acknowledge and represent that the content you upload belongs to its licensors
licensee or other providers of this material and does not violate United States and international intellectual property laws
third party or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title or interest.
on these intellectual property rights. All rights not expressly granted in this Agreement are reserved by Company and its licensors.
All trademarks, product names, third party company names and logos appearing in the Services are the property of their respective owners.
Posting information including but not limited to images and property information on the Website,
implies a non-exclusive license for the Company allowing it to reproduce, modify, adapt, distribute and disseminate the information published for purposes
communications and other marketing purposes, but members will do so. Retain ownership of all intellectual property rights.
The publication of content on the Website constitutes a representation that the content does not infringe any intellectual property rights of any third party.
Members/users retain intellectual property rights to their content once published on the site.
License to use services
During the term of this Agreement, Company grants you a limited, non-exclusive, non-transferable license, non-sublicensable and revocable to use and access the content solely for personal use and non-commercial only in accordance with this Agreement. The Content may not be used for any other purpose. This license will take ends upon cessation of your use of the Services or termination of this Agreement.
Certain restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
(a) No copying or distribution. You must not copy (except for your own personal use), reproduce, publish, display,
perform, publish, transmit or distribute any part of the Content in any form or by any means,
except as expressly permitted herein, to the extent permitted by fair use. privilege
under United States copyright laws (see, e.g., 17 U.S.C. § 107), or as permitted by a Feature,
a product or the Services when provided to you.
(b) No changes. You must not modify, create derivative works from, translate, adapt, disassemble, decompile
or reverse engineer any part of the Content.
(c) No exploitation. You shall not sell, license, sublicense, transfer, assign, rent, loan,
host or otherwise exploit the Content or Services in any way, in whole or in part.
(d) No Modification of Notices. You must not remove or alter any copyright, trademark or
other proprietary rights to copies of the content.
(e) No competition. You may not access or use the Content for creating a similar or competitive website, product or service.
Brand notice
All trademarks, logos and service marks displayed on the Services are either the property of the Company or the property of third parties. You cannot use these brands, logos or service marks without the prior written consent of their respective owners.
Risk taking
We undertake no obligation to update, amend or clarify information on the Services,
unless required by law. Please remember, when viewing such information on the Services, that such information may not represent
all the information available on a subject. In addition, subsequent events or changes in circumstances may make
existing information on the Services that is inaccurate or incomplete.
The Company cannot guarantee the security and confidentiality of the data published on the site.
To the extent permitted by law, the Company disclaims all liability arising from:
• force majeure and other unforeseeable events
• the intentional misconduct of another;
• unavailability or interruption of the Applications;
• any errors when accessing various pages of the applications;
• inaccuracy, incompleteness, lack of timeliness, errors or omissions relating to the information or services present on the Applications;
• errors in descriptions of the Properties or other content on the Applications;
• the content that users put in their profiles.
Because the Site is hosted on a server in the territory of the European Union, or in the United States, in accordance with GDPR no. 1. 2016-679,
neither the Company nor any Host can be held responsible for a malfunction of the internet network, the telephone line,
or computer or telephone equipment linked in particular to network congestion preventing access to the server.
Privacy
We recognize and respect the importance of preserving the privacy of our users and customers and have established a policy of
privacy 'Privacy' Rules
therefore. For more information about how the Company collects, uses and shares your information, we encourage you
to read our Privacy Policy. You agree that by using the Services, you consent to the collection, use and
sharing this information as described in the Privacy Policy.
Children's Online Privacy Protection Act requires online service providers to obtain consent
parents before knowingly collecting personally identifiable information online from children under 13.
We do not knowingly collect or solicit personally identifiable information from children under 13 years of age.
IF YOU ARE A CHILD UNDER THE AGE OF 13, PLEASE DO NOT ATTEMPT TO REGISTER FOR THE SERVICES OR SEND ANY INFORMATION TO US
PERSONAL INFORMATION ABOUT YOU. If we learn that we have collected personal information from a child under 13,
we will delete this information as quickly as possible. If you believe that a child under 13 may have provided us with
personal information, please contact us.
Third Party Service Providers
Certain aspects of the Services may depend on third-party service providers, such as a wireless carrier or a
social media platform. We do not control these third party service providers and are not responsible for their actions
or omissions. In addition, this third party service provider may have its own terms, policies and guidelines. You must
familiarize yourself with all such terms, policies or guidelines before using the Service through any such third party service provider.
When you opt for one of our marketing, promotional and delivery notification text messaging services, including
SMS and MMS (collectively the “SMS Service”), we will send you an SMS or email to confirm your registration. Frequency
Messages and shortcodes may vary by brand. You can cancel the SMS and email service at the time of registration.
SMS and Email Service is provided by participating third party wireless/mobile carriers. Messages and data rates
can be applied. If you have any questions regarding your SMS or email or data plan, please contact your carrier
mobile/wireless phone service or your email provider. Carriers are not responsible for delayed or undelivered messages.
If you have any questions regarding the Company's SMS or email service, you can send us an email to 'service-infos' of the Canopy Festy website.
Platform providers, such as Apple, Inc. and Google, Inc., who make our mobile applications available for download
(“Platform Providers”) are not parties to this Agreement. Platform Providers have no obligation to provide
application maintenance and support services. In the event of non-compliance of an application with any of the guarantees herein,
you may notify the relevant platform provider, and such platform provider may refund any purchases made through
application (if applicable). To the fullest extent permitted by law, Platform Providers will have no further obligations
warranty whatsoever with regard to an application. You acknowledge that the Platform Providers are not responsible
for handling any claim relating to an Application or your possession and/or use of an Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the Application fails to conform
not comply with any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation.
The Platform Providers are third-party beneficiaries of this Agreement, and the Platform Providers will have the right
(and will be deemed to have accepted this right) to enforce this Agreement against you as a third-party beneficiary thereof.
YOU REPRESENT THAT YOU ARE NOT LOCATED IN A COUNTRY SUBJECT TO A U.S. GOVERNMENT EMBARGO OR THAT HAS BEEN DESIGNATED BY THE GOVERNMENT
AMERICAN AS A “TERRORISM SUPPORTING” COUNTRY; AND YOU ARE NOT REGISTERED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
Third-Party Links & Ads
The Services may contain links to third-party websites, resources and services, as well as advertisements. (collectively, “Third Party Links”). Third party links are provided for your convenience only and therefore you access them at your own risk. The Company is a distributor and not a publisher of Third-Party Links; has no affiliation with the Third-Party Links; and has no control over the content, products or services accessible via a third-party link. Third-party links are operated by third parties, may be located in different countries and may be subject to various regulatory and other legal requirements. The Company does not review, approve, monitor, approve, guarantee and makes no representations regarding third-party links. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT ACCESSED THROUGH NOR THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SUCH CONTENT. If you decide to access a third-party link, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party link. It is your responsibility to make whatever investigation you consider necessary or appropriate before proceeding with any transaction in connection with a Third-Party Link. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THIRD-PARTY LINKS.
Disclaimer
Disclaimer; No guarantee
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNDER NO CIRCUMSTANCES WILL A HOST BE LIABLE FOR ANY EVENT,
OF ITS CONTENT, ITS DURATION, CANCELLATION OR POSTPONEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE
PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES
IMPLIED MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT.
NO ORAL OR WRITTEN ADVICE OR ELECTRONIC DELIVERY INFORMATION GIVEN BY COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR OTHERS CANNOT CREATE ANY WARRANTY WHATSOEVER.
WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE OR CORRECT;
THAT USE OF THE SERVICES WILL OBTAIN PARTICULAR RESULTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED, ERROR-FREE OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR THAT SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW,
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA OR OTHER PROPRIETARY HARDWARE
MAY RESULT FROM YOUR USE OF THE SERVICES OR MATERIALS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES.
WE DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PUBLISHED OR OFFERED BY ANY THIRD PARTY BY
THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU.
AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OR ANY OTHER USER.
RECEPTIONS AND PROPERTIES OFFER ACCESS TO EVENTS; IN NO EVENT ARE THE HOSTS NOR THE COMPANY LIABLE FOR THE EVENT ITSELF,
INCLUDING POSSIBLE CONTENT, DURATION, CANCELLATION OR POSTPONEMENT OF THE EVENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ALL SERVICES ARE EXCLUSIVE OF APPLICABLE SERVICES AND OTHER CHARGES,
FEDERAL, STATE, AND LOCAL OR NATIONAL FEES, SURCHARGES, AND TAXES. PRICES AND FEES POSTED ON OUR WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
VOID WHERE PROHIBITED.
THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY CUSTOMER BOOKINGS IN THE EVENT OF ADVERTISING ERRORS
OR ANY ACTUAL OR SUSPECTED ABUSE, FRAUD OR ABUSE ASSOCIATED WITH SUCH ORDERS.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SERVICES MAY NOT CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES REGARDING THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS
FROM THE DATE OF FIRST USE. THE INFORMATION PRESENTED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CREATE ANY CONTRACTUAL RIGHTS.
Limitation of liability
Neither the Company nor any other party involved in creating, producing or providing the Canopy Festy, LLC and LTD Site,
or any content will not be liable for any incidental, special, exemplary or consequential damages, including lost profits,
loss of data or loss of customers or service. interruption, computer damage or system failure or the cost of products
or replacement services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
(i) these Terms, (ii) use of or inability to use the Canopy Festy, LLC or LTD Site, or any Content, (iii) any communications,
interaction or meeting you may have with a person with whom you interact or meet through or as a result of
your use of the Canopy Festy, LLC, or LTD Site, or (iv) posting or booking any listing, including the provision or use
hosting services, whether based on warranty, contract, tort (including negligence), product liability
or any other legal theory, and whether or not Canopy Festy, LLC or LTD has been informed of the possibility of such damages, even if it turns out that a
limited remedy set forth in these Terms has failed of its essential purpose.
The Company does not guarantee the accuracy, completeness, adequacy or quality of this information. Any reliance placed on this information
is strictly at your own risk.
The Company disclaims all liability arising from any reliance placed on such information by you or any other user of the Services,
or by any person likely to be informed of any of its contents.
Our role as ‘Canopy Festy’ cannot be to monitor Ads deposited, in the sense of their real existences,
of their contents and descriptions such as messages and other elements, to control the behavior of members.
Except for our obligation to transmit payments to Hosts under these Terms,
in no event shall Canopy Festy, LLC or LTD be aggregated liable for any claims or disputes arising
of or in connection with these Terms, your interaction with users, or your use or inability to use the
Canopy Festy, LLC or LTD site, any content or any host service, may not exceed: (A) to visitors, the amount you have
paid as a visitor during the one-year period preceding the event giving rise to liability, (B) to Hosts,
the amount paid to you as a host during the year preceding the event giving rise to the liability, or (C)
to any other person, one hundred American dollars (US$99) or one hundred euros (€100).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend and hold harmless Canopy Festy, LLC or LTD and its affiliates and their officers,
respective directors, employees, agents, affiliates, successors and assigns (collectively, “Indemnified Party”) from and against all losses,
claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs,
fees or expenses of any nature, including reasonable ones. attorney's fees, fees and other costs related to the enforcement of any right to
indemnification under this Agreement, as well as costs of action against any insurance provider, arising out of or relating to (i) your breach
of this Agreement, (ii) your use or misuse of the Services, including, but not limited to, any action taken by any third party
using your account, (iii) your violation of any rights of a third party; or (iv) your violation of applicable law or regulation. The Company
reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to assist and cooperate with our defense or settlement of these claims. You must not under any circumstances pay or dispose of
any claim or question without our prior written consent.
To the maximum extent permitted by applicable law, you agree to release, defend (of Canopy Festy’s choice),
indemnify and hold Canopy Festy (including ‘Canopy Festy’ Payments, other subsidiaries and their personnel) safe from all claims,
liabilities, damages, losses and expenses arising out of or in connection with:
your violation of these Terms (including any additional or additional terms that apply to a product or feature
and which would be presented to you before you access it) or our Additional Legal Terms, Policies or Standards, your use
inappropriate use of the Canopy Festy platform, your interaction with any Member, stay in accommodation, participation in an Experience or otherwise
Host service, including but not limited to any harm, loss or damage (compensatory, direct, incidental, intangible or otherwise)
of any kind arising in connection with or following an Announcement, stay, participation or use of this type,
your failure, or our failure to follow your instructions, to accurately report, collect or remit taxes, or your violation of
any law or regulation or third party rights such as intellectual property or confidentiality rights. This obligation
compensation applies only if and to the extent that claims, liabilities, damages, losses and expenses have actually been
caused by your culpable breach of a contractual obligation.
Litiges
Applicable law
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether in contract, tort or statute, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of law principles, for resident Hosts and Visitors in the USA. The laws applicable to Hosts and Visitors are those of residents of the European Economic Area (EEA). Persons resident in countries outside the EEA apply the laws of their country and jurisdiction.
Dispute Resolution
Please read this section carefully. It contains procedures for MANDATORY ARBITRATION AND CLASS ACTION WAIVER.
All users agree to attempt an informal negotiation process before resorting to formal litigation.
Any dispute, claim or controversy arising out of or relating to this Agreement, or its breach, termination, enforcement,
its interpretation or validity, will first be resolved by informal dispute resolution and, if this does not resolve the dispute, will be subject to and
decided by a single arbitrator by binding arbitration under the jurisdictional determination of the Brussels I Regulation of the EU in force in
March 1, 2002, or in the user's country of residence. The arbitrator's decision will be final and binding on the parties and may be
entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceeding shall be granted
reasonable attorneys' fees, expert witness fees and expenses, and all other costs and expenses incurred directly or indirectly
in connection with the proceeding, unless the arbitrator determines otherwise for good cause. The arbitrator will not have the power to impose fines or penalties,
nor to award punitive damages or equitable relief.
All arbitrations will be conducted on an individual basis. You agree that you may bring an action in arbitration against the
Company only on an individual basis and, in doing so, you hereby waive the right to a jury trial, assert or participate
to a class action or class action arbitration (either as a named person, plaintiff or class member),
and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any nature.
Notwithstanding anything in the rules of the American Arbitration Association to the contrary, the arbitrator may not consolidate claims more than
of any person and may not otherwise preside over any form of representative or class proceeding. If a court decides that applicable law excludes
the application of any of the limitations in this paragraph to a particular request for relief, then that request (and only that request)
must be separated from the arbitration and may be brought before the court.
YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE TERMS, YOU ARE GIVING UP THE RIGHT TO BRING YOUR CLAIM IN COURT,
TO HAVE A JURY TRIAL OR PARTICIPATE IN A CLASS ACTION.
If any part of this arbitration provision is found to be invalid, unenforceable or illegal, or is otherwise in
conflicts with the AAA's rules and procedures, then it will be deleted and the remainder of this arbitration provision
will remain in force and will be interpreted accordingly. For more information about the AAA and its rules and procedures,
you can visit the AAA website at www.adr.org.
Deadline for filing a complaint
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
Divers
has. Purchases.
The payment terms posted on our Services form part of this Agreement and govern all services and products offered through the Services.
b. Give up.
Except as otherwise provided in this Agreement, no failure by the Company to exercise, or any delay by the Company in exercising,
any right, remedy, power or privilege arising from this Agreement will not operate or be construed as a waiver thereof,
nor will it be. any single or partial exercise of any right, remedy, power or privilege hereunder excludes any other exercise or exercise
subsequent period thereof or the exercise of any other right, remedy, power or privilege.
c. Divisibility.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable,
such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable
this condition. or provision in any other jurisdiction. When it is determined that a condition or other provision is invalid, illegal or incapable
to be applied, the court will only modify the condition or provision concerned to reflect as closely as possible the original intention
parties so that the contemplated transactions are completed and the Company and its affiliates are protected to the greatest extent possible.
d. Complete agreement.
This Agreement, together with our Privacy Policy and all other documents referenced herein, constitutes
the entire agreement between you and Company relating to the subject matter contained herein. This agreement supersedes all agreements,
prior and contemporaneous agreements, representations and warranties, both written and oral, with respect to the subject matter hereof.
e. Sections.
The headings and headings of the sections, clauses and parts of this Agreement are for convenience only. These titles and
headings will not affect the meaning of the provisions of the Agreement.
f. No agency, partnership or joint venture.
No agency, partnership or joint venture has been created between you and the Company as a result of this Agreement. You have no authority
of any kind to bind the Company in any respect whatsoever.
g. Affectation.
You shall not assign any of your rights or delegate any of your obligations under this Agreement without consent
prior written notice from the Company. Any purported assignment or delegation in violation of this section will be deemed null and void.
No assignment or delegation will relieve you of any of your obligations hereunder. The Company may freely assign or delegate its
rights and obligations under this Agreement at any time. Subject to the transfer limits indicated above, this Agreement
will inure to the benefit of, be binding upon and be enforceable against each of the parties hereto and their respective successors and assigns.
h. Export laws.
U.S. export control laws govern the export and re-export of technology originating in the United States.
This includes electronic submission of information and software to foreign countries and certain foreign nationals.
The Services may be subject to such U.S. export control laws and regulations. You agree to respect
these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act)
and not transfer, by electronic transmission or otherwise, any material from the Services to any foreign national or destination.
foreigner in violation of these laws or regulations.
i. Avis.
We may send you responses or notices by email, by posting via the Services or by written communication sent
by the US Postal Service. You agree that all agreements, notices, disclosures and other communications that we provide to you through
electronic communications satisfy any legal requirement that such communications be in writing.
j. Changes.
The Company reserves the right to modify this Agreement from time to time, in its sole discretion, without notice. The latest version of the agreement
will be posted on the Website and should be reviewed before accessing or using the Services. All changes will come into effect on the date
the later of (1) the date specified by the Company, if applicable, or (2) the date published on the Website, and will apply to your use
and your access to the Services from that point on.
Your continued use of or access to the Services after any changes to this Agreement will constitute your acknowledgment
of such modifications and your agreement to be bound by the terms and conditions of such modifications. You should check this page frequently
in order to be aware of any changes since they bind you.
k. Access
The Company reserves the right to deactivate or modify accounts and property listings at any time, without notice, to optimize,
operate, secure or verify the Site; guarantee compliance by Members with the Company’s conditions of use and applicable laws
in the country where the Member is located, comply with a decision of any court or administrative authority; delete content that CF deems inappropriate,
harmful or objectionable; and enforce member eligibility criteria. Members can appeal this deletion/deactivation
by contacting user support. The Company also has the right to refuse to post an announcement of goods or events on its site without providing
of justification.
New Jersey Residents Notice
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers cannot see each other offer no written contract containing a provision that violates a clearly established legal right of a consumer, or the liability of a seller, as established by state or federal law. Therefore, and for the avoidance of doubt, nothing in this Agreement will apply to a Consumer of New Jersey if the provision violates a clearly established legal right or responsibility, including, but not limited to, rights of recourse in the event of (i) the seller's tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating risk unreasonable prejudice); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e. the obligation imposed by law to refrain from manufacture and sell dangerous products, with the possibility of punitive damages for violations); (iii) the New Jersey Punitive Damages Law, N.J.S.A. 2A:15-5.9, et seq. (i.e. the legal right to seek punitive damages for harm caused by actual malice, wanton and deliberate contempt, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory scheme governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic loss and material); and (v) Seller's failure to reasonably protect itself against damages resulting from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). Additionally, under the TCCWNA, no consumer contract may stipulate that any of its provisions is or may be void, inapplicable or unenforceable in certain jurisdictions without specifying which provisions are or are not void, unenforceable or unenforceable in New Jersey. With respect to this Agreement, in the Limitation of Liability section, the provision regarding the exclusion or limitation of certain damages is not applicable in New Jersey regarding punitive damages, loss of data and loss or damage to property.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services have the right
to the following specific notice on consumer rights:
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs
of California can be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834,
or by telephone at (916) 445-1254 or (800) 952-5210.
Notice for European users
has. Residents of the European Economic Area (EEA) may use this platform to resolve issues.
disputes under these Terms: https://ec.europa.eu/consumers/odr
b. Anyone residing outside the EEA may not use the link above, but those in their country and jurisdictions may.
Professional user
As a Host member complies with the requirements of the registration forms and the relating to the Event.
The general conditions described apply as well as the obligations to comply with it.
The rules relating to VAT and taxes apply de facto depending on the jurisdiction associated with
the address of the event as well as that of the legal entity.
Contact details
All feedback, comments, requests for technical support, and other communications relating to the
Services must be sent to ‘service-infos’ of the Canopy Festy website,
Appendix 1 will list the “Canopy Festy” legal entity(ies) with which the user enters into these conditions,
depending on the user's country of residence or the location of the property rented on the Canopy Festy platform.
If User changes country of residence outside of the EEA, Switzerland or the United Kingdom, the Canopy Festy entity with which User
enters into a contract will be determined by the new country of residence from the date of the change of residence.