MOODIE TERMS AND CONDITIONS OF USE – END USER LICENSE AGREEMENT (EULA)

Last updated: June 1, 2020

BY DOWNLOADING AND/OR USING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE APP.

This End User License Agreement (the Agreement) for the Moodie Mobile App (together with any updates, the App) is a legal agreement between the user (you or your), and Moodie AS, a company registered in Oslo, Norway with registration number 919711809 (Moodie, us or we).

By accessing, downloading, copying or otherwise using the App, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions as well as the Moodie privacy policy (​Privacy Policy​).

If you do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the App. Moodie will not grant you a licence to use the App unless you agree to the terms of this Agreement.

1. License

Moodie is the provider of this App and in consideration of you agreeing to abide by the terms of this Agreement and the Privacy Policy Moodie grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to download and use the App on a mobile device that you own or control under the terms and conditions set out in this Agreement.

The App is licensed to you, not sold, and Moodie reserves all rights which are not expressly granted in this Agreement.

2. License restrictions

Except as expressly set out in this Agreement or as permitted by any local law you must not: (i) distribute or make this App available over a network where it could be used by multiple devices at the same time; (ii) copy the App; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the App, except as otherwise permitted by law under the terms and conditions set out in this Agreement; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights related to the App to third parties.

3. NON-ACCEPTABLE USE

You must not:

(i) in relation to your use of the App, transmit, transfer or upload any material that is illegal, defamatory, offensive or otherwise may be found objectionable or disresepctful; (ii) infringe our intellectual property rights or those of any third party in relation to your use of the App; (iii) use the App for any unlawful purpose, in any unlawful manner or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system; (iv) use the App in a way that could damage, disable, overburden, impair or compromise our or affiliated systems or security or interfere with other users; or (v) collect or harvest any information or data from our or affiliated systems or attempt to decipher any transmissions to or from the servers running the App.

Moodie is continuously monitoring what is being published in the app and blocks discovered or reported content which violates these terms. Use violating these terms will thus not be tolerated and may result in your access to the app being blocked, see also Clause 10 and Clause 11.

Users may report content they find offensive, disrespectful, illegal or violating these terms in app or by email to contentreport@moodie.no.

4. OWNERSHIP

All of the content featured or displayed in or through the App (​Content​) and all intellectual property rights in the App are owned by or licenced to Moodie and/or Moodie group companies. For the avoidance of doubt you have no intellectual property rights in, or to, the App other than the right to use each of them in accordance with the terms of this Agreement.

5. PRIVACY

In providing the App, Moodie is committed to protecting (i) the privacy of users; and (ii) the confidentiality of the information provided to it by you using the App.

By using the App, you consent to the use of your information which may be collected by Moodie, including, for instance your mobile device, your use of this App and the App’s performance.

By using the App, you consent to the use of your information which may be collected by Moodie, including, for instance your mobile device, your use of this App and the App’s performance.

6. LOCATION SERVICES

When you download or use apps provided by Moodie or Moodie companies and, where applicable, have requested or consented to location services, we may receive information about your location and your mobile device, including a unique identifier for your device. Moodie may use this information to provide you with location-based services, such as search results, and other personalised content. You may withdraw this consent at any time by turning off the location services settings on your device.

7. LINK TO THIRD PARTY SITES

The App may contain links to websites operated by third parties (Third Party Websites), these links are provided for your information only. Moodie does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

8. WARRANTIES

To the maximum extent permitted by applicable law, Moodie licences the App on an “as is,” basis. Moodie makes no representations or warranties about the suitability, reliability, timeliness, and accuracy of the App, the operation of the App alone or in conjunction with any device, or the content contained herein.

This warranty is in addition to your legal rights in relation to software that is faulty or not as described.

9. LIMITATION OF LIABILITY

To the extent not prohibited by the law, in no event shall Moodie, and/or its affiliates, officers, directors, and employees, be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with the use of or inability to use the App, and for any cause of action, including contract, tort (including negligence) or otherwise, even if Moodie has been advised of the possibility of such damages.

10. SUSPENSION OR RESTRICTION OF USE

Moodie reserves the right to suspend, change, interrupt, restrict the use of the App or cease providing the App, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. Moodie reserves the right to suspend, change, interrupt or restrict the use of the App for technical updates and other maintenance or operational services. Moodie also reserves the right to suspend or terminate use of the App if (i) you have breached this Agreement, or (ii) Moodie suspects that you have committed or may be committing fraudulent activity against Moodie, another organisation or another user of the App. Moodie reserves the right to withdraw the App at any time without notice.

11. TERMINATION

Moodie may immediately terminate this Agreement at any time at its sole discretion with or without notice to you.

Your rights under this Agreement will terminate automatically if you fail to comply with any terms and conditions of this Agreement.

Upon termination, all legal rights and licenses granted to you by this Agreement shall terminate immediately and you shall immediately cease all use of the App. You must immediately delete or remove the App from all devices, and immediately destroy all copies of the App.

All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

12. GOVERNING LAW

This Agreement shall be governed by Norwegian law with Oslo as venue. Moodie may however file proceedings at any other venue allowed by law.

13. SEVERABILITY

If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall be valid and enforceable.

14. ASSIGNMENT AND TRANSFER

Moodie may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to you.

You may not assign this Agreement or any part of it or any rights to use the App, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.

15. TICKETS AND PURCHASES

15.1 General.

Moodie AS provides a service platform (Moodie or the Moodie App) where Buyers may purchase tickets to events offered by a Seller. Moodie LIVE is the function in the Moodie App where a person (the “Streamer” or the “Seller”) offer you to watch his performance live via the Moodie App. These terms of use also apply for Moodie LIVE.

The purchases of a ticket made on the Moodie platform is a contractual relationship between the Buyer and the Seller.

When you buy a ticket on the Moodie platform, you accept the Seller’s terms for purchase of the ticket. If you want to see those terms, please contact the arranger of the event directly. Please note that this may not be possible for Moodie LIVE tickets. Any questions, issues or complaints about the purchases are to be directed to the Seller, both for events and for Moodie LIVE. Moodie does not have any responsibility regarding refunds, quality of a purchase, or any other matters or communication between the Buyer and the Seller.

15.2 Payment Methods.

Payment methods may vary from time to time and with the platform used, information will be available in the app on the platform used.

15.3 Payment information.

Moodie does not store any of Buyer’s payment information.

15.4 Prices and Availability.

Moodie facilitates ticket sales for various Sellers. The Seller determines price and quantity of tickets available on the Moodie App. Moodie may charges a fee on top of the ticket price for use of the platform, which will then be denoted in connection with the total price during check out, prior to purchase. Moodie and the payment provider may also each charge a fee from the Seller.

15.5 Ticket delivery.

Once acquired, tickets will be available in your profile in the Moodie App, under the menu field “My Tickets”. A receipt of each purchase will be available at Vipps ​or other payment provider, if offered by that payment provider​. Receipts for purchase of tickets are NOT VALID as tickets.

15.6 Ticket Validity.

Only un-activated tickets in the Moodie App are accepted as valid tickets. Each ticket is only valid for one person, unless stated otherwise. Upon using the ticket, the guard or a representative of the Seller will activate the ticket at the entrance of the event. Activated tickets are no longer valid for additional usage, unless stated otherwise.

Tickets for Moodie LIVE will be activated when you access the Moodie LIVE performance. Your purchased Moodie LIVE ticket will only apply and be valid for the event or performance stated in the Moodie App and ticket.

15.7 Cancelled or Re-scheduled event.

If the Seller cancels or re-schedules an event, refund or issue of new tickets will be arranged by the Seller according to the Seller’s sales conditions. Moodie AS does not have any responsibility for refund or re-issue of tickets.

15.8 Refund and exchange of tickets.

It's important to double-check that you have chosen the right tickets before the purchase is confirmed. Moodie can neither refund tickets that have already been bought, nor exchange them for other tickets.

15.9 No Right of withdrawal for purchase of tickets.

There is no right of withdrawal from the purchase of tickets for leisure events according to Section 22 of the Norwegian act on right of withdrawal and distance marketing 20.6.2014 No. 27.

16. CHANGING USER INFORMATION

Before user can conduct any purchases, a user account must be created in the Moodie App. Upon completing the process, user can edit the personal data in menu field “View Profile”. Moodie’s Privacy Policy applies. Please make sure to always have up-to-date information and contact details.

17. CUSTOMER SERVICE

If you need help, please contact our customer service at ​contact@moodie.no​.

18. AMENDMENT OF THIS AGREEMENT

Moodie reserves the right to modify or amend this Agreement from time to time without notice. Your continued use of the App following the posting of changes to the Agreement will mean you accept those changes.

From time to time updates to the App may be issued. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.

19.CONTACT US

To contact us (including to discuss any complaint) about the App, please email kundeservice@moodie.no.