Action! User Agreement
The terms Action.com.mt or Action! or “we” or “us” within the hereunder user Agreement refer to the services offered through the Web page loaded via http://www.action.com.mt
The term “I” or “You” refers to the reader acknowledging the Agreement.
1. The services offered by Action! include (i) public event promotion (ii) ticket sales (iii) competitions (iv) event feedback and any other service offered by us from time to time as per service portfolio. Action! services are hosted in the United Kingdom.
2. I am aware that under no circumstance I can relay Action! services to third parties without prior written consent from the portal management. To this extent I cannot engage in activities of selling any service offered by Action! in order to seek personal financial reward from Action!
3. By accessing and/or using the Action! Services, you agree to be bound by this Agreement, whether I am a "Visitor" (which means that I simply browse the Action! Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Action! Services without being registered) or I am a "Member" (which means that I have registered with Action!)
4. The term "User" refers to a Visitor or a Member. You are authorized to use the Action! Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Action! Services, you must indicate your acceptance of this Agreement during the registration process.
5. Action! reserves the right to modify this Agreement from time to time and such modification is effective upon posting on action.com.mt. Your continued use of the Action! Services following any such modification constitutes your Agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Action! Services immediately. You may receive a copy of this Agreement by emailing us at: reaction@action.com.mt, Subject: Agreement
6. I affirm that all the details I submit during the registration process is truthful and accurate. I also affirm that I have written consent for submitting a registration on behalf of a third party user. I affirm also that I shall maintain the accuracy of such information
7. I understand and agree that my account and/or membership with Action! may be deleted without prior notice and that Action! cannot be liable for such deletion. Action! may terminate my Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Action! reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Action! Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Action! reserves the right, in its sole discretion, to reassign or rename your profile URL. Action! expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Action! Services if Action! determines, in its sole discretion, that you have violated this Agreement or pose a threat to Action!, its employees, business partners, Users and/or the public.
8. I shall not seek legal proceedings in the eventual case where Action! ceases its services
9. I affirm that any payment methods (paypal, credit cards, cheques, bank transfer or other) used with Action! are my own and that I am not engaging in illegal or unauthorized activities through such payments
10. I acknowledge that Action! reserves the right to charge for any portion of the Action! Services and to change its fees (if any) from time to time in its discretion. If Action! terminates my Membership because I have breached the Agreement, I shall not be entitled to the refund of any unused portion of fees or payments (if any).
11. When I sign up to become a Member, I will also be asked to choose a password. I am entirely responsible for maintaining the confidentiality of my password. I agree not to use the account, username, email address or password of another Member at any time or to disclose my password to any third party. I agree to notify Action! immediately if I suspect any unauthorized use of my account or access to my password. I am solely responsible for any and all use of my account.
12. As a user of Action! I agree that Action! services are for my personal use and may only be used for commercial purposes by me based on the Event Promoter Agreement. As a user I shall not seek profit through the use of Action!
13. Illegal and/or unauthorized use of the Action! Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Action! Services, or employing third party promotional sites or software to promote profiles for money, is strictly prohibited.
14. I am solely responsible for my interactions with other Action! Users, third party developers or any other parties with whom I interact through the Action! Services and/or Linked Services. Action! reserves the right, but has no obligation, to become involved in any way with these disputes.
15. Action! is not responsible for and makes no warranties, express or implied, as to the content accuracy and reliability of posted promotional material (including events) through or in connection with the Action! Services or Linked Services, and such content does not necessarily reflect the opinions of Action! I agree that Action! cannot be held responsible for inaccurate detail within promotional material (including event-related) whether online or any other promotional media. In addition, Action! is not responsible for any damage, injury or loss caused by Users of the Action! Services or by any of the equipment or programming associated with or utilized in the Action! Services or Linked Services.
16. Content submitted to Action! may contain links to other Web sites or services. Action! is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Action! Inclusion of any linked website or service on the Action! Services does not imply approval or endorsement of the linked website or service by Action! When you access these third party sites and services, you do so at your own risk. Action! takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Action! Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties.
17. Action! is not responsible for the conduct, whether online or offline, of any user of the Action! Services or Linked Services.
18. Action! assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication or information. Action! is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Action! Services or Linked Services or combination thereof, including, without limitation, any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Action! Services or Linked Services. Under no circumstances shall Action! be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Action! Services or Linked Services, attendance at an Action! event (or third-party event promoted through Action!), from any content posted on or through the Action! Services or Linked Services, or from the conduct of any Users of the Action! Services, whether online or offline.
19. The Action! Services and Linked Services are provided "AS-IS" and as available and Action! expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Action! cannot guarantee and does not promise any specific results from use of the Action! Services or Linked Services.
20. IN NO EVENT SHALL Action! BE LIABLE TO I OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM MY USE OF THE Action! SERVICES OR LINKED SERVICES, EVEN IF Action! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Action!’s LIABILITY TO ME FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY ME TO Action! FOR THE Action! SERVICES DURING THE TERM OF MEMBERSHIP.
21. I agree to indemnify and hold Action!, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of my use of the Action! Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of my representations and warranties set forth in this Agreement and/or any Content that I post on, through or in connection with the Action! Services.
22. This Agreement is accepted upon my use of the Action! Website or any of the Action! Services as a User and is further affirmed by me becoming a Member. My agreement with Action! will always include this Agreement at a minimum. My access and use of certain Action! Services will require me to accept additional terms and conditions applicable to such certain Action! Services, in addition to this Agreement, and may require me to download Software or Content. The failure of Action! to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Action! is a registered trademark. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions
23. I agree that I shall not be eligible for a refund from Action! should the event I am attending is cancelled or postponed
24. I agree that Action! is under no circumstance linked with the event organization and thus cannot be involved in any legal proceedings.
25. I am aware and agree that I cannot involve Action! in any dispute without a written consent from Action! directors which explicitly states prior involvement
26. I agree that Action! shall not be involved in any proceedings as a result of accidents occurring during the promoted event
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.