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.”
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
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.
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
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 below. When that happens, these Terms will generally no longer apply. However, certain provisions will always remain applicable to both you and FYXO Inc.
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.
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.
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).
The contents of all material available on our Sites are copyrighted by FYXO INC unless otherwise indicated. All rights are reserved and content may not be reproduced, downloaded, disseminated, or transferred, in any form or by any means, except with the prior written agreement of FYXO INC or as indicated below.
Permitted Use: Users may download pages or other content for their own personal use on a single computer, but no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, or transferred, in any form or by any means, except with the prior written agreement of, and with express attribution to, FYXO INC. You agree that you are only authorized to visit, view and to retain a copy of pages of the Sites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Sites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so.
The Service and its original content, features and functionality are and will remain the exclusive property of FYXO INC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FYXO INC..
You agree to defend, indemnify and hold harmless FYXO INC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
In no event shall FYXO INC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FYXO INC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If FYXO INC becomes aware of a breach of the T&C, FYXO INC may immediately implement corrective actions, including disabling access to the Website as well as removing any information, data and content provided by the user on the Website at any time, to any extent and without notice.
Any claims or disputed relating to the use of Website or a breach of this T&C shall be governed by the laws of the United States without regard to its conflict of law provisions. Any claims and disputes shall be settled by the competent US court, having jurisdiction over FYXO INC registered seat.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.