ONE50 TERMS OF SERVICE
Last updated on: 25 October 2021
Chapter 1 General
Chapter 2 Visiting events
Chapter 3 The purchase of tickets and products and/or services of third parties
Chapter 4 Final provisions
Chapter 5 Privacy & cookie statement
Chapter 6 Disclaimer
CHAPTER 1 GENERAL
ARTICLE 1 DEFINITIONS
“Terms of service”:
These terms of service, which apply to every legal relationship between a consumer (hereinafter: the Visitor) and an Organizer with regard to the visiting of an Event with a Ticket, the purchase of a Ticket and the related purchase of a product and/or service (of Third Parties) on the Website;
The visitor of an Event, or the person who buys a product and/or service (of Third Parties) related to an Event on the Website, according to the meaning of the provisions of these terms and conditions. The Visitor is always a consumer who is not acting in the course of a profession or running of a business, or on behalf of these, and is the party designated by law as the “other party” in Section 6:231(c) of the Dutch Civil Code;
Every party that sells a product or provides a service related to the Event, not being the Organizer or otherwise part of One50;
Any event, single- or multiday, in- and/or outside – including a festival – organized by the Organizer in the Netherlands at its own expense and risk and for which this Organizer uses these terms of service in relation to Visitors;
*“Organizer”: * The company as referred to in Article 2.2, that is user of these Terms of service on the grounds of section 6:231 sub b Dutch Civil Code in relation to the Visitor for whom this company is responsible in every respect and the contracting party of the Visitor. The Organizer has activities of its own, such as the Website and/or Event.
An admission ticket that provides the Visitor the right to attend an Event. This can either be a physical ticket or a digital ticket with barcode;
Each website of the Organizer as exploited and offered by the legal entity concerned, on which the Visitor can find information about an Event and on which or through which the Visitor can buy Tickets and related products and/or services (of Third Parties);
ARTICLE 2 ACCESSIBILITY AND APPLICATION OF THESE TERMS OF SERVICE
2.1 The Terms of service are applicable if the visitor visits an Event with a Ticket, purchases a Ticket and/or a related product or service (of Third Parties) on the Website. The terms of service are declared applicable prior to the Visitor’s purchase of a Ticket and/or product or service. By purchasing a Ticket, by visiting an Event with a Ticket and/or by buying a product and/or service (of Third Parties) on the Website, the Visitor accepts these Terms of service. The Terms of service also apply if the Ticket, regardless of the manner, was acquired through a third party.
2.2 The Organizer is V.O.F. One50, and is registered on Europalaan 500, Unit W.O.7, 3526 KS Utrecht, the Netherlands. This is also the visiting address of the Organizer. The Chamber of Commerce number of the Organizer is 81997019. The VAT number of the Organizer is NL862298477B01. The Organizer can be contacted during office hours on the following telephone number: +31 (6) 2196 0141. In addition, the Organizer is available via email via the following email address: email@example.com.
2.3 The Terms of service are electronically available on the Website and the Visitor is able to store the terms of service in order to access them at a later point in time within the meaning of section 6:243 sub 2 Dutch Civil Code.
2.4 The Organizer refers to the Terms of service on the Ticket of an Event. The Visitor can also access the Terms of service at the moment of entering the Event, as these Terms of service – or at least an excerpt thereof – will be made available at the entrance of the Event.
2.5 During the purchase of a product and/or service (of Third Parties) and/or a Ticket on the Website, the Visitor has the possibility to access the Terms of service before proceeding to conclude the agreement electronically.
2.6 These Terms of service solely apply to private persons and specifically exclude parties acting in their capacity as professional contracting parties in relation to the Organizer. The legal relationship between the Organizer and a professional contracting party is subject to alternative terms.
ARTICLE 3 AMENDMENT OR ADDITION TERMS OF SERVICE
3.1 The Organizer is at all times entitled to amend or complement the Terms of service. The amended version will in that case be published on the Website. As of the date of publication, the amended terms of service will be applicable. If an amendment or addition significantly affects the rights or obligations of the Visitor, the Organizer will either notify the Visitor of the amended terms of service by way of email or by clearly bringing it to the Visitors attention during the visit of the Event and/or the Website.
3.2 If the Visitor visits the Event and/or purchases a Ticket or products and/or services (of Third Parties) on the Website after amendment of or addition to the Terms of service, the Visitor thereby irrevocably accepts the amended or complemented Terms of service. If the Visitor does not wish to accept these amended or complemented Terms of service, the Visitor must immediately cease the use and visitation of the Website and/or Event(s) or the purchase of the Tickets or products and/or services (provided by Third Parties) on the Website.
CHAPTER 2 VISITING EVENTS
ARTICLE 4 TICKET
4.1 Access to the Event is only obtained by showing a valid and/or undamaged Ticket. People wishing to enter the Event may be requested and will then be obliged to show proof of identity due to checks on the age limit (if applicable). In the event, after entry, the Visitor leaves the Event or its location, the Ticket will automatically lose its validity.
4.2 People younger than 16 will simply be refused entry to the Event, unless explicitly otherwise determined by the Organizer, in which case the Organizer will not be obliged to refund the amount of the Ticket.
4.3 Tickets are and remain the property of the Organizer. The Ticket gives the holder the right to attend the Event. Access is given only to the first holder of the Ticket scanned at the entrance of the Event. The Organizer may presuppose that the holder of this Ticket is also the person who has a right to it. The Organizer is not obliged to perform any further verification of Tickets. The Visitor must take responsibility for ensuring that he is and remains the (sole) holder of the Ticket issued by the Organizer or by an advance sales address that it has engaged.
4.4 As of the time that the Ticket has been provided to the Visitor, the Visitor bears the risk of any loss, theft, damage or misuse of the Ticket. The Ticket is only supplied once and gives access to only one person.
4.5 The Organizer reserves the right to set a maximum on the number of Tickets to be ordered by a Visitor, in that case the Visitor is obliged to comply with such maximum number.
4.6 Solely purchases at the authorized (pre)sale addresses or with the Organizer guarantee the validity of the Tickets. The burden of proof in this regard rests on the Visitor. The Ticket consists of a barcode provided to the Visitor via a digital ticket application (mobile App). The Visitor must ensure that the Ticket can be provided within the mobile Application, and that it can be provided in a safe manner. Organizer cannot be held liable in the event the Ticket cannot be presented appropriately, and the Visitor is not entitled to a refund of the amount of the Ticket and/or compensation in this case.
ARTICLE 5 PROHIBITION AGAINST RESALE, ETC.
5.1 Tickets for the Event may not in any way be resold by the Visitor in the context of commercial purposes.
5.2 The Organizer may appoint an authorized resale platform (e.g. an additional official sales channel) for Tickets for the Event, which could be an online secondary ticket marketplace. Reselling Tickets on any sales channels other than the ones appointed by the Organizer is strictly forbidden. Access to the Event may be refused for a Visitor holding a Ticket purchased from an unauthorized source. The Organizer cannot be held liable nor can any damages be claimed resulting from the sale or purchase of a Ticket (including the validity of a Ticket) for the Event via any sales channel.
5.3 The Visitor who transfers on his Ticket to a third party is obliged to impose on the one to whom he transfers the Ticket the obligations that rest on him as Visitor, as reflected in these Terms of service. Transferor remains responsible vis-à-vis the Organizer for the compliance of this person with the same obligations.
5.4 Should the Visitor not comply with the provisions of these Terms of service, the Organizer is entitled to invalidate/cancel the Tickets or refuse the Visitor (further) access to the Event without the Visitor being entitled to reimbursement of the amount that he has paid the Organizer, directly or via an advance sales address, for the Ticket (including service fees). The holders of any such Tickets will be denied entry to the Event, without any right to compensation.
ARTICLE 6 SEARCHES AND CAMERA SURVEILLANCE
6.1 The Organizer is entitled to search or arrange for Visitors to the Event to be searched before entering and/or during the Event. If the Visitor refuses to be searched, he may be refused entry to the Event or may be immediately removed from the Event, without any right to a refund of the amount of the Ticket.
6.2 Cameras may be available that make recordings of the area/the venue where the Event takes place, for the purpose of surveillance and safety and for commercial purposes.
ARTICLE 7 PROHIBITED ITEMS
7.1 At the risk of confiscation, a Visitor may not bring, either for himself or another person – or have in his possession – at the Event venue, any professional photography-, film-, drone-, sound- and/or other recording equipment of any nature, glassware, plastic bottles, (alcoholic) beverages, selfie sticks that if extended are longer than 1.5 meter and/or constructions that are not intended for that purpose, drugs (among others drugs that are listed on list I and II of the Opium Act), nitrous oxide (cartridges), cans, fireworks, animals, weapons and/or dangerous objects (including – but not limited to – spray cans or CS gas) or use such items prior to or during an Event. The venue of the Event may apply other and/or additional policies, which apply to this article and the Event, which in that case also applies to the Event. Confiscated items will not be returned.
7.2 Any Visitor who breaches this prohibition may moreover be refused entry or further access without any right to a refund of the amount of the Ticket, or may be removed from the Event and/or handed over to the police. The Organizer has the right to destroy the confiscated items.
ARTICLE 8 REFUSAL OF ENTRY
The Organizer reserves the right to refuse specific people entry or further access to the Event or to remove them from the Event and/or hand the Visitor over to the police if it deems this necessary for maintaining public order and safety during the Event and/or there is a violation of an article from these Terms of service. This also applies if a Visitor wears or carries clothing, texts or signs which, in the opinion of the Organizer, may be offensive, discriminating, insulting to or cause aggression or unrest among other Visitors or does not comply with dress code as specified by the Organizer, as well as to undressing during the Event. Even if an Ticket is likely to be counterfeit, the Organizer is entitled to refuse to admit the holder of this Ticket to the event without the Visitor or this holder being able to claim any compensation for any loss that this may cause him or restitution of the amount of the Ticket.
ARTICLE 9 FILM AND VIDEO IMAGES
9.1 Recording the Event in a professional and/or commercial form, including photographing, filming (including drones), making sound and/or image recordings, as well as reprinting and/or copying from the program booklet, posters and other printed materials is not permitted without the express, prior and written consent of the Organizer.
9.2 In the event registrations have been made of part of the Event by the Visitor using non-professional recording equipment (such as a smartphone), these registrations are strictly for their own use and may not be used and/or made available to the public commercially in any way.
ARTICLE 10 OWN RISK / LIABILITY
10.1 The Visitor enters the Event venue, which may include any car park and/or shuttle buses that are used to transport Visitors to the Event’s entry point, and attends the Event at his own risk. Organizer cannot be held liable for any damage, which the Visitor has suffered in this regard.
10.2 The Visitor is expressly aware that loud music will be played during the Event. Organizer accepts no liability for hearing loss, damage to sight, blindness and/or other bodily injury and/or damage of goods, such as but not limited to clothing, whether or not brought by other visitors to the Event.
10.3 Organizer is solely liable for damage to the Visitor resulting from a shortcoming attributable to the Organizer. The total liability of Organizer is always limited to the compensation for the reasonable, demonstrable and direct out-of-pocket damage and costs of the Visitor, provided that this liability is always limited to the amount covered by the legal liability insurance of the Organizer.
10.4 Liability of Organizer for indirect damage, including consequential loss, intangible damage, loss of profits, lost savings and / or damage due to company stagnation is excluded.
10.5 The Visitor is obliged to report any damages to the Organizer within 48 hours of the Event via the email address as referred to in Article 2.2, on penalty of expiry for any claim of damages.
10.6 In the event the Organizer directly or indirectly engages subordinates, non-subordinates, assistants, third parties or other persons for the performance of the agreement, any liability of the Organizer pursuant to article 6:76, article 6:171 and article 6:172 of the civil code are excluded and Organizer is not liable for damages caused by these persons.
10.7 The Visitor shall indemnify the Organizer for all claims of third parties in respect of damages for which the Visitor is liable against such third parties under the law. The Visitor shall compensate Organizer for any damage, including all legal costs incurred by Organizer, resulting from any claim from those third parties.
ARTICLE 11 PROGRAM
The Organizer will aim for the Event program to be carried out in accordance with the announced schedule as far as possible. It is however not liable for deviations from this schedule and any resultant damage to Visitors and/or third parties. The Organizer is not liable for the content of the Event program or how it is performed, expressly including the length of the program/performances by artists. The starting time mentioned on the Ticket is subject to change.
ARTICLE 12 FURTHER RULES
12.1 The Visitor to the Event is obliged to comply with the regulations, internal rules, any amendments thereof and the instructions of the Organizer, the transport firm that runs the shuttle bus, the operators of the parking space, the operators of the Event venue, the security staff, fire brigade, police and other authorized parties. Security cameras may be present at the Event venue.
12.2 If the Visitor fails to comply with an order or breaches a rule prohibiting certain behavior, he will be immediately removed by the event and/or security staff. Specific rules may apply to the site or venue of any Event and will be announced or published on site. If possible, these rules will also be published in advance on the Website of the relevant Organizer.
ARTICLE 13 CANCELLING OR MOVING THE EVENT IN CASE OF FORCE MAJEURE
13.1 In case of force majeure in the broadest sense, which in this regard also includes the illness and/or withdrawal of the artist(s), strikes, terrorist threat, decision to cancel by the competent authority, fire, bad weather conditions, etc., the Organizer will be entitled to move the Event to another date or location or to cancel the Event.
13.2 The Organizer will not be responsible for damage arising from moving or cancelling the Event, as referred to above. If the Event is moved or cancelled, as referred to above, the Organizer will publicize this fact as far as possible in the manner that it deems appropriate, including among others through mentioning the applicable terms for a refund on the Website. The Organizer is only obliged in case of full cancellation to refund the admission fee as mentioned on the Ticket, but not the service fees and any incurred travel and accommodation costs, to the Visitor at his request. This applies in the event the Ticket was bought by the Visitor at the authorized (pre)sale addresses of the Organizer, and is not applicable in the event the Visitor bought the Ticket at any other sales platform, including but not limited to online secondary ticket marketplaces.
13.3 The (partial) refund will only be made, within a reasonable period after the date of the cancelled Event, if the Visitor produces a valid, undamaged Ticket which proves that it was bought by the Visitor, in the manner stipulated and announced by the Organizer (or the party that processed the Ticket payment) by means of channels that it will announce.
13.4 In the event the Event has to be cancelled due to or in connection with force majeure, the Organizer will be required to refund only a part of the fee as specified on the Ticket, or, failing that, only a part of the amount of the Ticket that the Visitor has paid via the authorized (pre)sale addresses. Service fees or other damages will not be refunded. Neither is the Visitor able to claim (replacement) access to a different event.
13.5 In the event the Event is rescheduled by the Organizer due to force majeure, the Ticket will remain valid for the new date that the Event is moved to. If the Visitor is not able to attend the Event on the new date, he is entitled to submit his Ticket at the (pre) sale address against refund of the amount of the Ticket (excluding service fees) that the Visitor has paid via the authorized (pre)sale addresses. This refund will only take place if the Visitor is able to deliver a valid and undamaged Ticket on time to the (pre)sale address, as specified on the Website.
ARTICLE 14 IMAGE AND SOUND RECORDINGS
14.1 The performers and/or Organizer is authorized to make or arrange for image and/or sound recordings to be made of the Event and the Visitors to the Event and to reproduce and/or publicize or arrange for the publication of these recordings in any form and in any manner. By obtaining an Ticket to the Event and/or entering the Event venue, the Visitor unconditionally consents to the aforementioned recordings being made and to the processing, publication and use thereof, in the broadest sense, without the Organizer or any of its affiliated companies being liable to pay any compensation to him at any time.
14.2 The Visitor hereby irrevocably renounces any interest that he could have in the aforementioned recordings. Insofar as the Visitor has any copyright, neighboring rights and/or portrait rights to the aforementioned recordings, he hereby unreservedly assigns these rights to the Organizer and hereby irrevocably renounces his personality rights and/or will not invoke these rights. In the event this transfer is not legally valid in advance, the Visitor is obliged at first request of the Organizer to give written notice of said permission and/or sign a deed of transfer to transfer these rights for free to the Organizer and/or an affiliated company.
ARTICLE 15 SMOKEFREE EVENT
15.1 (e-) Smoking inside is only permitted in designated smoking areas. The Organizer will take reasonable steps to make Visitors aware of the smoke free nature of the Event, but cannot warrant that the Event will be entirely smoke free. The Visitor will not be entitled under any circumstances to a refund of the amount of the Ticket or to any other compensation if the Event is not entirely smoke free.
15.2 If a ban on smoking is breached, the event and/or security staff can immediately remove the Visitor insofar as possible and any fines imposed on the Organizer because of the Visitor’s breach will be recovered from the Visitor.
ARTICLE 16 TOKENS, AND/OR FOOD & BEVERAGE VOUCHERS, OR CREDIT
Tokens, and/or food & beverage vouchers, or credit purchased before and/or during an Event will only be valid for that Event. The Organizer is not obliged to refund the purchase price of tokens, and/or food & beverage vouchers, or credit, after the Event. The Event can use different methods, such as a cashless system. If an Event venue uses different methods, the general terms and conditions of the Event venue will apply with regard to payment options during and after the Event. These conditions may differ from what is stated in this article of the Terms of service.
ARTICLE 17 ELECTRONIC PAYMENT INSTRUMENT
During the Event, the Organizer can, make use of an ‘open loop’ / cashless system for the consumption done by the Visitor, among others by using debit or credit card transactions instead of tokens or coins. In the event the Visitor wishes to pay with cash, the Organizer can offer a ‘closed loop’ system. The Visitor can use cash at a cash register at the Event to place credit on a payment card specifically created for that Event.
During the Event no refund to the Visitor (“Refund”) of the value of any remaining credit on this payment card (“Remaining credit”) will take place. The Remaining credit can be Refunded only once to the Visitor after the Event. The Visitor needs to request the Organizer for a Refund of the Remaining credit within two weeks after the Event, unless stated otherwise. After this period the Visitor loses the right to a Refund of the Remaining credit. All necessary information regarding (the application of) the Refund can be read on the Event Website. Performing a Refund entails costs and the Organizer reserves the right to impose these costs on the Visitor. These costs are expressed on the Event Website. The payment card should remain after the Event in the possession of the Visitor since with this payment card the Remaining credit will be determined. In case of loss or possible theft of the payment card a Refund of any Remaining credit is not possible. The Organizer is never liable for any loss and/or theft of the payment card.
ARTICLE 18 LOCKERS AND/OR OTHER BAG STORAGE FACILITY
The Organizer (hereafter in this article, “The Organizer”) has the choice to provide the Visitor the possibility to make use of a bag storage facility, or rent a locker at the Event. A locker is a storage area for objects, clothes, bags, cash and/or securities of the Visitor, for which the Visitor will receive a personal key/code. With this key/code, the Visitor can open and close the locker. On the use of the locker, or bag storage facility by the Visitor, additional general terms (of a third party) may apply, to which general terms the Visitor agrees at the time of renting the locker, and/or purchasing a bag storage ticket. The Organizer will not be liable for loss and/or theft and/or use by another person of the personal locker key/code, or bag storage ticket. Therefore, the Visitor should always keep the locker key/code, or bag storage ticket to themselves, and the Visitor is recommended to not store any valuables in the locker.
ARTICLE 19 CAMPING FACILITIES
The Organizer may also offer camping facilities to Visitors at an Event, which offer will be valid for as long as those facilities remain available. The Visitor must purchase a special camping ticket for access to the camping facilities. In addition to the terms of service of this chapter, the Visitor may not take, in addition to the goods mentioned in article 7 of these Terms of service, the following items from the camping facilities and/or use the following items, even at the campsite, unless expressly stated otherwise in the camping rules, as set out in article 20 of these Terms of service:
- a) Campers, caravans, delivery vans, minibuses or other cars (all vehicles must be parked at the designated car park);
- b) Candles, torches, oil or gas lamps, gas cylinders, sharp objects, tap systems, sound systems (other than a small radio), barbecues and/or other cooking or kitchen equipment, or generators.
CHAPTER 3 THE PURCHASE OF TICKETS AND PRODUCTS AND/OR SERVICES OF THIRD PARTIES
ARTICLE 20 PURCHASE OF TICKETS
20.1 If the Visitor purchases a Ticket for an Event, and/or for a Service, and/or for any kind of Product (whether physical or digital) of the Organizer, the payment and delivery for this Ticket will usually be handled for the Organizer by a third party. This third party may apply its own terms and conditions, which are applicable to the payment and delivery of the Ticket, Service, or Product. The Organizer is not responsible for the content of these terms and conditions.
20.2 The Organizer that manages the Website is in no way liable for errors, malfunctions or defects in or upon payment by this third party(s) to the Website and/or to the third party website.
20.3 The Visitor can not return the purchased Ticket, because an exception for the right of withdrawal applies on the grounds of section 6:230p under e Dutch Civil Code. By purchasing a Ticket, the Visitor enters into an agreement with the Organizer to perform a service for either: leisure activities (Event), educational activities (Service), or in the form of delivery of a physical or digital Product – whereby the contract includes a specific point in time for performing the service. Prior to purchasing a Ticket, the Visitor is informed about the exclusion of the right of withdrawal via the Website.
ARTICLE 21 CONDITIONS FOR AGREEMENTS WITH THIRD PARTIES
21.1 Via the Website products and/or services of Third Parties are offered that relate to the Event, whether or not via a hyperlink to the website of the Third Parties concerned. If the Visitor decides to purchase the products and/or services offered by Third Parties, the Visitor will enter into a (purchase) contract with the Third Party concerned and general terms and conditions of this Third Party may be applicable. The Third Party concerned is then liable for the performance of any obligation with respect to the Visitor.
21.2 Although the Organizer chooses Third Parties with due care, the Organizer is not a party to any agreement between the Visitor and the Third Party. The Visitor indemnifies the Organizer against any claim for costs or damages that may arise from an agreement between the Visitor and Third Party.
ARTICLE 22 TRIPS, TRANSPORT AND AIRLINE TICKETS
22.1 The Visitor may be offered trips for booking Tickets for domestic and foreign events via the Website, which will be booked and handled by Third Parties. When purchasing such a trip, the Visitor enters into a transport agreement with this third party. Although the Organizer chooses the Third Parties with care, the Organizer is not a party to any agreement between the Visitor and the Third Party.
22.2 The Visitor indemnifies the Organizer against any claim for costs or damage that may arise from an agreement between himself and the Third Party. Any applicable General Terms and Conditions of the Third Party may always be requested on the website of this third party.
ARTICLE 23 OFFERS MADE BY STANDHOLDERS AT AN EVENT
The Visitor to an Event of the Organizer may be offered products and/or services at that Event by Third Parties with a stand, such as food or beverages, merchandise items or other products such as sunglasses or clothing, or by providers of (fairground) attractions. Although the Organizer chooses these Third Parties with care, it is not a party to any agreement between the Visitor and the Third Party. The Organizer will not be liable under any circumstances for any damage arising from the purchase or procurement of a product or service by the Visitor, including a (fairground) ride of the Third Party. The Visitor indemnifies the Organizer against any claim for costs or damage that may arise from an agreement between himself and the Third Party. Any applicable general terms and conditions of the Third Party may always be requested from this third party.
CHAPTER 4 FINAL PROVISIONS
ARTICLE 24 FURTHER USER RULES
24.1 Visitors of the Website are at all times obliged to comply with the regulations, any amendment of the regulations and any instructions and user rules of an Organizer as published on the Event venue and/or the Website.
24.2 Insofar as the Visitor of the Website does not comply, does not comply fully and/or does not comply on time with the user rules, the Organizer may, depending on the specific circumstances, suspend its obligations, terminate the agreement without being liable to pay any compensation, or claim specific performance.
ARTICLE 25 INFORMATION ON THE WEBSITE
Although the Organizer pays great care and attention to the provision of information on the Website, it cannot give any guarantee in relation to the nature and content of the information and is in no way liable for the content and consequences of using that information. Insofar as there are hyperlinks on the Website to offers, products, material or the website of a third party, the Organizer is neither responsible nor liable for the functioning of that hyperlink, the access to or content of the information of such a website.
ARTICLE 26 FORCE MAJEURE
Notwithstanding its possible other rights, the Organizer is entitled in case of force majeure to postpone the performance of any agreement or to terminate it out of court, without being liable to pay any compensation. Force majeure includes any breach that cannot be attributed to the Organizer, because it is not accountable by law, a legal act or according to generally accepted standards, as is set out in Article 13.
ARTICLE 27 LIABILITY
27.1 The Organizer will not be responsible under any circumstances towards the Visitor or third parties for errors, limited information or details on any Website except in case of intent or willful recklessness towards the Visitor. The Organizer, its affiliated businesses or Third Parties involved in the performance of any service or agreement will not be liable under any circumstances for damage, costs, lost profits, losses, consequential damage, loss of privacy or loss of data for any direct or indirect use or functioning of the Website.
27.2 The Organizer expressly does not warrant the Visitor that the Website, parts thereof or functions pertaining thereto will always function flawlessly, function according to the description or be available for use. On account of the internet connection, the resultant link to many unknown third-party internet users and possible attacks by hackers or others, the Organizer can likewise not warrant that the Website or the server that it uses will always be free of viruses, bugs or other faults or defects. The Visitor should also take reasonable measures himself to ensure that his computer is protected against viruses and the like.
27.3 The Organizer will not be liable under any circumstances for the Visitor following any link or hyperlink to a third-party website or for the Visitor entering into any agreement with this third party. The Organizer will likewise not be liable under any circumstances for the messages posted by others on any forum or via any social medium that cause material or immaterial damage to the Visitor in any way.
27.4 Organizer cannot be held liable for theft and/or loss of properties of the Visitor at the Event venue.
ARTICLE 28 INTELLECTUAL PROPERTY RIGHTS
28.1 Everything that is made available on the Website, social media and during the Event or which belongs thereto, including music files, artists’ names, label names, streamings, downloads, software, designs, drawings, logos and trademarks forms part of the intellectual property of the Organizer or any licensor thereof by law or on the basis of an agreement.
28.2 The Visitor must recognize these intellectual property rights at all times and observe and comply with all restrictions placed on the use of protected works by law. Nothing in these Terms of service is meant to transfer, or to provide a license of, any intellectual property rights to the Visitor.
28.3 The provisions of the Dutch Copyright Act and other intellectual property laws apply fully at all times to any use and take precedence over these user rules:
- a) the Visitor may only make normal private use of a product after he has paid for it in the normal way indicated on the Website. Any act of the Visitor which circumvents, changes or otherwise avoids the method of payment is prohibited. The Visitor may not otherwise reproduce, alter, upload, play in public, display, make available to third parties, perform, sell, resell, misuse, etc. a download or any other material from the Website as all these acts are reserved for the entitled parties. The Visitor may not adjust, circumvent, decrypt, encrypt or disrupt any software, files or payment procedures; b) the Visitor is allowed to make normal use of any Product file that he has lawfully purchased, according to the procedures indicated on the Website. It is permissible to make a private copy, create a copy on another computer of music and other files that have been downloaded and purchased according to the rules, but only for personal and non-commercial use. Making copies available to third parties is not allowed under any circumstances; c) the security method as applied to software also explicitly belongs to the protected portions of the Website; d) the delivery of any file purchased by the Visitor does not entail any assignment or licensing of a right to the Visitor to promote or exploit that file.
28.4 If it is established that a Visitor has breached the statutory rules, the Organizer is within its rights to inform the entitled party hereof, which can then institute legal action against the Visitor.
ARTICLE 29 REPLACEMENT CLAUSE
If and insofar as any provision of these Terms of service is inconsistent with any statutory rule, this will not affect the other provisions of the Terms of service. The provision in question will cease to exist and be replaced by a provision that approximates the original one as closely as possible as regards content and nature and which is permitted by law.
ARTICLE 30 APPLICABLE LAW AND JURISDICTION
Dutch law applies to these Terms of service. The Utrecht District Court has jurisdiction to take cognizance of disputes relating to these Terms of service, an agreement or the performance thereof, unless another court has jurisdiction pursuant to the law.
ARTICLE 32 ALTERNATIVE DISPUTE RESOLUTION REGARDING ONLINE PURCHASE
In the event there is a dispute between the Visitor and the Organizer with regard to an online purchase and the Visitor and the Organizer are unable to resolve the dispute amicably, the Visitor has the right to file a complaint against the Organizer via this link: http://ec.europa.eu/consumers/odr/.
CHAPTER 5 PRIVACY AND COOKIE STATEMENT
With this Privacy and cookie statement, One50 wishes to explain how it handles and uses your personal data. If you have any questions regarding this Privacy and cookie statement, please contact One50 at firstname.lastname@example.org.
In this Privacy and cookie statement, the following terms or definitions are used:
Account: your personal registration via an Opt-in on websites or apps with which you access the Service. Devices: the devices, such as PCs, smartphones or tablets, with which access can be obtained to the Service. Content: information (including audio-visual material such as trailers and previews) that One50 makes available as part of the Service. Service: the complete package of services that One50 offers to you. For example, websites and apps, the Account, but also the events and the services provided at events. For example, the option of paying at an event for refreshments using an app. A service can also extend in the future by cashless payment or other new services. Personal data: any data whereby One50 can directly or indirectly trace or distinguish you. For example, a name, e-mail address or an IP address. Advertising Network: An RTB/Programmatic Network (also called Real Time Bidding Network) offers advertisers the opportunity to purchase advertising space through an auction. To optimize advertising, advertisers and RTB networks place cookies. By means of these cookies, you are tracked and targeted to visit other sites that are connected to the same network.
Privacy and cookie statement: this privacy and cookie statement of One50. One50, with its registered address on Europalaan 500, Unit W.O.7, 3526 KS Utrecht, the Netherlands, is the data controller for the Processing of your Personal Data. Processing for the benefit of companies affiliated to One50 and/or events, which also fall under One50. Processing (Process, Processed): All use of your Personal Data such as storing, modifying, forwarding or (partially) deleting these data. For example, One50 processes Personal Data because you use websites or apps.
“Persons younger than 16 years”:
Persons who have not yet reached the age of 16 (minors) may only register for a One50 Account with the consent of a parent or legal guardian. The parent(s) or legal representative of the minor user must read this Privacy and cookie statement in the interests of the minor user and can exercise the rights of the user in question instead of the minor user.
One50 advises parents or legal guardians to supervise the use that a minor user makes of the Service and to make such users aware of how their Personal Data can be used on the basis of this Privacy and cookie statement. One50 makes reasonable efforts, with due observance of technology, to check that only users aged 16 or older can create a One50 Account. One50 does this for example by means of a birth date check when a profile is created.
Which of your Personal Data are processed by One50?
One50 processes the following of your Personal Data for the purposes explained later in this Privacy and cookie statement:
- First Name; • Last name; • Email address; • Date of birth; • Postcode; • City; • Country; • Telephone number; • Social media usernames; and preferences such as artist preference, fitness activity preference, clothing preference, clothing size and possibly geo-location only after explicit permission in an Optin of One50.
It is not the case that One50 always uses all of your above-mentioned data. This depends on purposes as described later in this Privacy and cookie statement.
One50 has deliberately chosen not to use special Personal Data such as race, ethnic origin, political opinions, religious convictions, union membership, orientation, health or criminal data.
How does One50 obtain your Personal Data?
One50 obtains your Personal Data in the following ways:
Directly from you: For example, when you sign up as a member, for a special campaign, ticket or promotion run by One50, if you send an email or otherwise contact One50 (for example with questions about the use of the Services).
As a result of using the Service: By means of your registration, you have access to the Service. In addition, One50 can also offer the Service to persons without a registration. If you give permission for this, One50 can read and store the unique characteristics of the device that has been used in the context of the Service. Based on the One50 Account and/or the unique features of the Device which you use to access the Service, One50 can keep track of your use of the Service, including the Content that is watched, read, listened, commented or shared using the One50 Account. Insofar as mobile Devices are used, the location of the Device is passed on to One50 in the context of the Service. Prior to installation of such apps on a mobile device, you are explicitly requested to allow your location data to be determined and used.
From third parties: For example, if you or another visitor of a One50 website or app uses social network functions that are integrated in the Service, One50 may receive certain information from the relevant social network, such as Facebook, Twitter and Google+. One50 may also receive information from partners who are involved with the Service. For example, One50 uses services provided by other parties that help it to map and analyze the way in which the Content and websites are used. An example of this is Google Analytics. This tool enables One50 to monitor websites (where do you click and how often). Other examples are partners who on your behalf handle payment for the Service. Examples could include, and are not limited to, third parties like iDeal, PayPal or Adyen, which handle the payment transactions between you and the services/products provided by One50.
At events: One50 can also process visitor data at the events that it organizes, such as registering an event for commercial or security purposes (with camera). When entering an event location, the visitor is always informed of such processing.
What is the reason why One50 Processes your Personal Information?
One50 processes your Personal Data for the following purposes:
- In order to provide the Service: Example; data that is entered when registering for a ticket or using a service (such as name and date of birth) can be used to check whether you meet the set requirements (e.g. to monitor age). Specified contact details can be used to inform you about (changes to) the Service or planned maintenance (service e-mails).
- In order to process payments: Certain data that are requested when registering or using it, may be required for issuing invoices and processing payment for a Service.
- In order to build a profile One50, strives to ensure that the Service is as relevant as possible for you. To do this, One50 keeps a profile based on your use of the Service to get an idea of your most likely interests. One50 does this for example, by keeping track of what content you request or which purchases (such as tickets) you make. Based on these interests, One50 can then change the Content, including adverts that appear on One50 touch points. As an example, One50 can then show recommendations for similar content that has certain artists or events. One50 can also use these profiles for campaigns run by online advertisers. One50 is and will remain the owner of these profiles and will never make these profiles available to third parties. One50 only shares the segments (tags) with the advertisers (e.g. age category 20 to 30 years), to ensure that the adverts match the interests.
- In order to send newsletters and promotions: One50 can also use contact information and other data that have been collected to keep you informed by phone, mail, e-mail, SMS, push messages from apps or other suitable media, about promotions or offers from One50 (action e-mails), or to keep you informed about the Service and the Content (newsletter e-mails). By creating a One50 member account, you agree to be subscribed to the One50 mailing list for early member invites to One50 experiences. You can unsubscribe from this mailing list at any time using the unsubscribe function in the email, or by notifying One50 of your wish to unsubscribe by sending an unsubscribe request to email@example.com.
- In order to improve the Service and to identify general trends: One50 uses your usage data to analyze in a general sense how the Service is used and which trends can be observed, in order to make more informed decisions about, for example, further development of the Service and the Content offering. It is also possible to track purely technical trends for that purpose, for example which types of Devices or browsers are used to retrieve the Content.
- In order to prevent misuse: One50 also Processes your Personal Data and your use of the Service in order to prevent misuse of the Service and the Content, to prevent fraud (e.g. with credit card or other means of payment), and to protect the rights of others (including the right-holders to the Content).
- In order to carry out market research: One50 can contact you and former users and visitors of the Service that have provided their contact details for the purposes of market research. Participation in such research is always on a voluntary basis. One50 can, based on this research, send offers to you and others who participated in this research, provided that prior permission has been given for this.
- In order to ensure compliance with laws and regulations: Your Personal Data can be used to comply with laws and regulations that apply to One50, to deal with disputes and to have audits carried out.
- One50 can utilize profiling. Which means collecting, analyzing and combining of (personal) data aiming to tag you in a specific (interest) category. (race, ethnic origin, political opinions, religious believes, trade union membership, orientation, health or criminal data) are consciously excluded within GDPR. The importance of profiling is that One50 can gain interests which content you may be interested in and which products or services (including commercial products or services) would suit you. Profiling ensures that both the content and ads are more in line with your personal interests. Profiling can impact your privacy. For example, if false (interest) categories are linked to you based on incorrect or outdated data. If you believe that this is the case, the GDPR provides you the right to have your data modified or removed. In this case, please contact One50.
Why does One50 Process your Personal Data?
The main reason why One50 Processes your Personal Data is because this is necessary to provide its Service. For example, One50 Processes your Personal Data so that it can grant you access to its websites, apps or events. It may also be the case that One50 Processes your Personal Data because it is obliged to do so because of laws and regulations. For example, the Dutch General Act on Government Tax makes it mandatory to retain payment data for 7 years for the Tax Authorities.
Another reason why One50 Processes Personal Data is because either One50 or a third party has a legitimate reason for doing this, such as a commercial interest. In that case, One50 will always make a thorough assessment as to whether this interest is greater than your privacy interest.
Finally, One50 can Process Personal Data on the basis of your permission. For example, One50 asks for your permission before placing and reading tracking cookies or before sending you (electronic) commercial messages.
Who does One50 share your Personal Data with?
With (other) suppliers of One50: One50 can share your Personal Data with the suppliers it works with to realize the Service (for example a mailing company, call center, collection agency, market research agency, event partners or the party that has been commissioned by One50 for the technical realization of a website or app). Where possible, One50 places these third parties under the obligation to act in the capacity of data processor. This means that One50 determines the purpose for which and the manner in which the personal data are to be Processed and the data processor is only allowed to handle your data according to the instructions and (security) standards of One50. These agreements determined by One50 with each data processor are set out in a so-called processor agreement. If these third parties are outside the European Economic Area (EEA), One50 has reached (additional) agreements with these parties. One50 signs a model contract with these data processors that has been approved by the European Commission (also called standard contractual clauses). Where data are transferred to the United States, One50 either agrees on the model contract or One50 allows the transfer under the EU-US Privacy Shield.
With other One50 partners: In specific cases, in the context of the purposes described above, it is necessary to share Personal Data with third parties who use this Personal Data independently. In addition, One50 can provide Personal Data for marketing purposes to other partners selected by One50. One50 will first request separate permission from you to do this.
With the authorities and others: In exceptional cases, One50 may provide Personal Data to authorities or third parties, if One50 is required to do so by law or by order of the court, or if there is reasonable reason to believe that this is necessary in order to prevent damage or misuse.
Cookies are small files that can be placed on your Devices by the websites or apps of One50. For example, you can easily be recognized during a subsequent visit without having to log in again on your One50 Account. Likewise, information relating to website use can be collected using cookies about other visitors of the One50 websites (who are not logged in with a One50 Account). There are different types of cookies. In some cases, cookies are automatically deleted when you close your browser; in other cases, these cookies are stored for longer and can be read the next time you use the Service. Where One50 collects Personal Data using cookies, these Personal Data are processed in accordance with the provisions set out in this Privacy and cookie statement. Before One50 places non-functional cookies, One50 will inform you about this and ask for your permission. It is only after permission has been given that these cookies are placed and read.
One50 itself places cookies in order to identify you on your next visit without the need for you to log in again with your One50 Account. One50 can also place cookies for the purpose of creating profiles. One50 can also place tracking cookies, which are used by One50 if you as a visitor navigate to third party websites where One50 can place ads via an RTB and/or Programmatic network (see: 1 – Definitions). Additionally, One50 uses third parties to analyze the use of its Content, websites, apps and the Service. These third parties also place cookies for One50 on your Devices, which are used to map your use of the Service. For example, Google Analytics.
Cookies from third parties are placed on your Devices by third parties, and only these third parties have access to those cookies and the information collected by the cookie. Third parties that have permission to place cookies via the Service are, for example, advertising networks that place the adverts on the One50 websites. Ad networks usually leave so-called “tracking cookies” on your devices. Tracking cookies enable advertisers to track your browsing habits so that they can display as many relevant ads as possible on the websites that you visit. Social networking services such as Facebook, Twitter and Google+ can also place cookies via the websites of One50. This is done via the buttons of these social networks that may appear on the websites of One50 to promote (“Like”) or share (“tweet”) Content.
Below is an overview of (technical) partners on the websites or apps of One50:
• WordPress (functional for the login/registration of users on a One50 service); • Digiboost (Hosting & cloud infrastructure) • WordPress Forms (forms) • Cookie consent (functional for storing cookie preferences); • Google Tag manager (analytics pixel used to improve the One50 platform); • Digiboost SSL Certificates (website security) • Mailchimp (mail provider) • Google Analytics (analytics pixel used for research); • Google Tag Manager (tags used for re-targeting) • Facebook pixel (tracking pixel used for re-targeting within Facebook).
If you would like more information about the cookies that other parties place from the websites or apps of One50 and the purposes for which and the manner in which these cookies are used, please read the privacy and cookie statements of these parties on their websites or apps.
Browser applications can be set so that new cookies are no longer received the next time you use the Service. This differs from browser to browser; we recommend that you consult the help function of the browser if necessary. This should also explain how to delete cookies that have been previously placed.
NB: A visitor to the website or a user who no longer wishes to receive cookies should change these settings in all browsers and on all devices that are used. If cookies are refused and/or removed, it is possible that your use of the Service and/or options related to the Service is rejected.
How long does One50 store your Personal Data?
One50 will keep your Personal Data for as long as necessary to get you the best service or in case of refund terms, warranty or recurring contact needed to keep you up to date. One50 stores your data for at least as long as you use the Service and if your account is inactive, for a period of 2 years thereafter. The reason for One50 doing this is so that you can easily return to using the Service when re-activating. If you have been inactive for a long period (longer than 2 years), One50 will delete your data.
An exception to this is if the law prescribes that One50 must retain certain data for a longer period of time. For example, the Dutch General Act on Government Tax makes it mandatory to retain payment data for 7 years for the Tax Authorities.
How does One50 protect your Personal Data?
One50 at all times maintains a level of security in the Processing of Personal Information that, in view of the state of the art, is sufficient to prevent the loss, alteration, disclosure of or unauthorized access to Personal Data. If One50 engages third parties, then One50 imposes the same level of security on them. One50 has a close relation to its data processors and made clear agreements in our Processor Agreements
Questions about this security can be directed to firstname.lastname@example.org.
What are your rights?
People whose Personal Data are Processed have certain rights under the law. You can at all times and at no cost view the Personal Data Processed by One50 and alter it if required. You may also object to receiving information or targeted offers from One50 via e-mail, telephone, post and/or SMS; you are also entitled to apply to have your data deleted in accordance with the applicable regulations. Finally, we would like to point out the right to file a complaint with the Dutch Data Protection Authority.
One50 tries to ensure that you can exercise these rights as much as possible yourself. For example, you can exercise your rights by viewing, correcting or deleting your data in the One50 Account. You can also exercise these rights by contacting us via the e-mail address email@example.com. One50 will try to respond to your request within 4 weeks.
Changes to the Privacy and cookie statement
It may be that One50 decides in the future to (unilaterally) change this Privacy and cookie statement. One50 therefore recommends that you regularly check this Privacy and cookie statement to see if there have been any changes. If there are any major changes, One50 will inform you about this in advance by publishing the amended Privacy and cookie statement. The latest applicable version of the Privacy and cookie statement can always be consulted on the relevant One50 websites or apps.
CHAPTER 6 DISCLAIMER
One50 appreciates your visit to our website. Although the information contained in this site is permanently kept as accurate and up to date as possible, the right to make changes to this information is reserved at all times. Consequently, no rights may be derived in any way whatsoever from its contents.
All copyrights and other rights to the contents of this website, i.e. all text, images, software or information in other forms, accrue to One50. Information on this site, irrespective of the form in which it appears, such as text or images, may not be changed, reproduced, transmitted or distributed without prior written consent.
Information sent by One50 via e-mail or private message is only destined for the addressee. This information may not be used by parties other than the addressee. Reproduction, disclosure, dissemination and/or provision of this information to third parties are prohibited. One50 will not vouch for the correct and complete transmission of the contents of e-mails or private messages sent or for their prompt receipt. Unless clearly stated in an email, no rights may be derived in any way whatsoever from information sent to you.
Whereas practically all photos on this site come from photographers who have either been hired or consulted by One50, or have been used or re-used with the permission of organizers, clubs, deejays, booking agencies, or third party platforms; a photo might end up on the site for which we have not received the express consent to do publish it. If this is the case, and if you want to receive more information on or see a change in the One50 policy, please contact One50 at firstname.lastname@example.org.