1. WHO WE ARE
We, DAVOCI PROMOCIONS I EVENTS SL, with registered office at 08007 Barcelona, Carrer del Bruc, 39, L'Eixample, registered with CIF B67256149, under the commercial name of True Colors Events is the operator of the True Colors Events Platform and is responsible for it accordingly.
We operate the True Colours Events Platform as an intermediary platform for sports, entertainment and event tickets ("tickets"), offered online by a variety of local suppliers ("Suppliers"). We act as a commercial agent for the Suppliers.
2. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and other intellectual property rights and unfair competition laws) and treaties around the world.
The Content and Marks are provided on or through the Services for your personal, non-commercial use or internal business purposes only.
• Use of our Services.
Subject to your compliance with these Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
◦ Access the Services; and
◦ Download or print a copy of any portion of the Content to which you have properly gained access.
For your personal, non-commercial use or internal business purposes only.
Except as provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
The use of the emblem or specific logos of a Club without our authorization is prohibited. We must expressly authorize the use of all brands, images and other content belonging to the Clubs for the sole purpose of promoting the execution of the activity that is the subject of this collaboration.
We reserve all rights not expressly granted to you in and to the Services, Content and Marks.
Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
• Your proposals
Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you grant to us and (b) the obligations you have when you post or upload any content through the Services.
Submissions: By directly submitting any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions") to us, you agree to assign to us all intellectual property rights in such Submission. You agree that we will own this Submission and will be entitled to unrestricted use and dissemination of it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Misuse our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner contrary to applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Remove any copyright or other proprietary rights notices from any Content.
• Attempt to impersonate another user or person or use another user's username.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services software, including, but not limited to, Flash, PHP, HTML, JavaScript or other code.
• Except to the extent permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the computer software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Use a purchasing agent or buyer to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.
6. CHANGES AND CANCELLATIONS
A confirmed order is NON-REFUNDABLE, regardless of your personal situation. If a match date changes from Sunday to Friday, Saturday or Monday, there will be NO refunds for cancellations. If a match date changes from Wednesday to Tuesday or Thursday, there will be NO refunds for cancellations.
The Clubs reserve the right to modify these conditions at their sole discretion at any time and with short notice.
8. DURATION AND TERMINATION
These Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR POLICY OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT PRIOR DISCRETION, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
10. APPLICABLE LAW
These Legal Conditions shall be governed and defined in accordance with the laws of Spain, irrevocably aware that the courts of Barcelona, Catalunya shall have exclusive jurisdiction to resolve any dispute that may arise in relation to these Legal Conditions.
11. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the “Disputes”) brought by or against us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally before initiating arbitration. Such informal negotiations will commence upon written notice from one Party to the other.
Any dispute arising from or in connection with these Legal Conditions, including any question concerning their existence, validity or termination, shall be submitted to and finally resolved by the International Commercial Arbitration Court attached to the European Chamber of Arbitration (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, by referring to it, are considered an integral part of this clause. The seat, or legal place, of the arbitration shall be Barcelona. The language of the proceedings shall be Spanish.
The law applicable to these Legal Conditions will be the substantive law of Catalonia, Spain.
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration through informal negotiations: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Disputes relating to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
12. DISCLAIMER
The information provided by (the "Site") is for general informational purposes only. All information contained on the Site is provided in good faith, however we make no representations or warranties of any kind, express or implied, as to the accuracy, suitability, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION CONTAINED THEREIN IS AT YOUR OWN RISK.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of any third party's rights, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you have connected through the Services. Notwithstanding the foregoing, we reserve 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 cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, policies, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
15. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms will apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to any third party at any time. We will not be liable for any loss, damage, delay, or failure to act caused by causes beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between us and you as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signature by the parties hereto to execute these Legal Terms.
16. CONTACT
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at
Info@truecoloursevents.com