1. What is What?
FYXO Inc.’s products, features, and offerings are available (a) online through various FYXO Inc. properties including without limitation, FYXO Inc., FYXO Inc. Communities, entry management, sponsorship, and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as “FYXO Inc. Properties” or our “Services”. These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content contained in or delivered via the Services or otherwise made available by FYXO Inc. in connection with the Services is the “Site Content” (or “Content”). Any material (including the foregoing categories) that you contribute, provide, post, or make available using the Services is “Your Content.”
2. Who’s Who
When these Terms use the term “Organizer,” we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events (“Consumers”), or (b) for any other reason. Organizers, Consumers, and third parties using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.”
When these Terms use the term “FYXO Inc.,” “we,” “us,” or “our,” that refers to FYXO Inc., Inc. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees
3. What the “Terms of Service” Means
These Terms of Service and the other documents referenced in them comprise FYXO Inc.’s “Terms.” These Terms are a legally binding agreement between you and FYXO Inc. governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, “you” and “you’re” will refer to that entity as well as yourself.
4. FYXO Inc.’s Services and Role
4.1 What We Do
FYXO Inc.’s Services provide a simple and quick means for Organizers to create event profiles, organizer profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite registration, information access, and material or accommodations related to those events to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the FYXO Inc. Properties.
4.2 How We Fit In
FYXO Inc. is not the creator, organizer, or owner of the events listed on the Services. Rather, FYXO Inc. provides its Services, which allow Organizers to manage content and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national, and other laws, rules, and regulations and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner.
5. Privacy and Consumer Information
(5.2) If you are an Organizer, you represent, warrant, and agree that (a) you will at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers
6. Term; Termination
(6.1) These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or FYXO Inc. decides it’s best to part ways as described in Sections 6.2 or 6.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 6.4, certain provisions will always remain applicable to both you and FYXO Inc.
(6.2) FYXO Inc. may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by FYXO Inc.; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose FYXO Inc. to legal liability. FYXO Inc. may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in FYXO Inc.’s sole discretion, failure to do so would materially prejudice you. You agree that FYXO Inc. will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services
(6.3) Except to the extent you have agreed otherwise in a separate written agreement between you and FYXO Inc., you may terminate your access to the Services and the general applicability of Terms by deleting your account. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and FYXO Inc. governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
(6.4) All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
7. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. FYXO Inc. expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, FYXO Inc. makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that FYXO Inc. has no control over and does not guarantee the quality, safety, accuracy, or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. FYXO Inc. has no responsibility to you for and hereby disclaims all liability arising from, the acts or omissions of any third parties that FYXO Inc. requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
8. Limitation of Liability
(8.1) To the extent permitted by applicable laws, or as otherwise set forth herein, FYXO Inc. and any person or entity associated with FYXO Inc.’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) (“Associated Parties”), will not be liable to you or any third party, for (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if FYXO Inc. has been advised of the possibility of such damages
Contact Us First
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.