TERMS OF USE

Welcome to the Be Festival Safe application for iPhone by Boss Apps Pty Ltd, (“Be Festival Safe”, “we”, “us”)! The application as a whole and all rights, titles, and interests in and to the application are owned by Boss Apps Pty Ltd (ABN 45 163 441 325). These terms were last updated on June 13th, 2013, and the Be Festival Safe team reserves the right to change and update them without warning or notification.

HAVE FUN

The language below is meant to support this rule. It allows us to continue providing and improving our service, and it helps to ensure that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense and ensure safety is the number one priority.

PLEASE REVIEW THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE USING THE APPLICATION.

OUR AUDIENCE

The Be Festival Safe service is intended for use by people who are 13 years of age or older. By accepting these terms and conditions and using Be Festival Safe you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use Be Festival Safe. We may, in our sole discretion, refuse to offer the Be Festival Safe application to any person or entity and change its eligibility criteria at any time.

By accepting these terms and conditions and using Be Festival Safe you affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

USAGE DATA

By using the Be Festival Safe application you agree to let Be Festival Safe collect information about your usage of the application including interactions with messages. If you choose to Find Friends, you also agree to let Be Festival Safe pull your contacts from your Facebook account and find which of your friends are already Be Festival Safe users. Additionally, we collect usage information and information about your device such as the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), and time-stamped logs of messages sent and received and data exchanges, and network status (WiFi, etc.)

WHAT YOU CANNOT DO WITH THE APPLICATION

In addition to the other restrictions outlined in these terms, when using the Be Festival Safe application, you agree to not:

  • Use any data mining or extraction methods in relation with the application;
  • Interfere with or hinder the operation of the application or any other individual’s use of the application in any way;
  • Inflict or impose any perverse or excessive burden on the application in any way;
  • Compromise the security of the application;
  • Use the application for any purpose that is illegal, beyond the scope of the application’s intended use, or prohibited in these terms;
  • Utilize the application to transmit spam, viruses, bugs or any material that could be considered racist, threatening, or unlawful in any way.

ACCOUNT SECURITY

After opening an account in the Be Festival Safe mobile application (username/password) you accept all responsibility for any activity that occurs while logged into your account. Subsequently, you alone are responsible for making sure that your account information including your username and password is kept secure and safe. In the case that your Be Festival Safe account is compromised, please notify the Be Festival Safe team immediately at help@befestivalsafe.com.

INTELLECTUAL PROPERTY

Unless otherwise stated, all materials on the Be Festival Safe mobile application, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the application, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of this content violates such laws and these terms.

Except as expressly provided herein, the Be Festival Safe team does not grant any express or implied rights to use this content. By agreeing to these terms you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the application or any related software, except as expressly provided herein.

Be Festival Safe does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Be Festival Safea non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.

Be Festival Safe is in part supported by advertising revenue and as may display advertisements and promotions, and you hereby agree that Be Festival Safe may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that:

  • you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
  • the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
  • you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and
  • you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

INDEMNIFICATION

By agreeing to these terms you agree to indemnify, defend, and hold harmless Be Festival Safe, its managing members, shareholders, employees, subsidiaries, affiliates, licensors and supplies from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your use of the application.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Be Festival Safe or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from:

  • the use of, or inability to use, the application;
  • the performance of the services and materials available from the application; or
  • the conduct of other users of the application, even if Be Festival Safe has been advised of the possibility of such damages.

You assume total responsibility for your use of the application. Your only remedy against Be Festival Safe for dissatisfaction with the application or any content is to stop using the application. If, notwithstanding the terms, Be Festival Safe is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the application or any content, Be Festival Safe liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

CONTROLLING LAW AND SEVERABILITY

This agreement shall be construed in accordance with the laws of Victoria, Australia. Any subsequent dispute arising under the terms of this agreement will be settled exclusively in the state/federal courts of Victoria, Australia.

SPECIAL NOTE TO INTERNATIONAL USERS

The Be Festival Safe Sites and Services are hosted in Australia and are intended for and directed to Users in worldwide. If you are a User accessing the Be Festival Safe Sites and Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Australian laws, please be advised that through your continued use of the Be Festival Safe Sites and Services, which are governed by Australian law, this Privacy Notice, and our Terms of Service, you are transferring your personal information to Australia and you consent to that transfer.

COMPLETE AGREEMENT

These terms supersede all prior understandings regarding the same and represent the complete agreement between you and the Be Festival Safe team. No changes or amendments to these terms will be binding unless in writing and signed by us.

QUESTIONS AND COMMENTS

The Be Festival Safe team welcomes any comments, questions, concerns, or suggestions that you might have. Please send all feedback to help@befestivalsafe.com.

PRIVACY POLICY

Last Updated: Jan 1st, 2016

WHO WE ARE

Be Festival Safe(“Be Festival Safe”, “we”, “us”) is a product of BossApps Pty Ltd. We are currently based in Australia. This privacy policy has been prepared to clarify how we gather, use, disclose, and protect your personal information, as well as your messaging data. We may change this policy at any time. When we do, we will change the “Last Updated” date above.

INFORMATION WE COLLECT

Information You Give Us 
- Be Festival Safe collects the following information about its users: name, username, password, e-mail address, phone number, Facebook ID, and uploaded videos and images. If you choose to “Find Friends,” we will transmit your address book data to our servers to tell which of your friends use our service and help you connect with them.

Information Automatically Collected Through our Mobile App – Additionally, we collect usage information and information about your device. This information allows us to understand how users access and utilize the mobile application. Once a user has downloaded and started using Be Festival Safe, we automatically collect information such as the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), and time-stamped logs of messages sent and received including sender and recipient and data exchanges], and network status (WiFi, etc.). We use all of this information to investigate trends and to restructure and improve the Be Festival Safe application.

USE

Our use of personal information collected through our site and in our app include to:

  • operate and improve our app, site and services;
  • understand you and your preferences to enhance your experience and enjoyment using our app, site and services;
  • respond to your comments and questions and provide customer service;
  • send you related information, including confirmations, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about promotions, products and services offered by Be Festival Safe and our selected partners;
  • link or combine with other personal information we get from third parties, to help understand your needs and provide you with better service; and
  • protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

SHARING

Be Festival Safe allows you to post you images for others to view. When you create a user name, we create a public profile with that user name where users can contact you. If the contact information you used to setup Be Festival Safe is in a friend’s address book, they can tell whether you are a Be Festival Safe user when they sync their address books with Be Festival Safe. Please be mindful of your own privacy needs as you choose who to connect with and what to share. We cannot control the privacy or security of information you choose to share with others. If you share information about others, we suggest you get consent from them.

We may also share your personal information with third parties including as follows:

  • with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;
  • with third party vendors, consultants and other service providers who work for us and need access to your information to do that work;
  • to:
    1. satisfy any and all applicable laws, regulations, legal processes, or lawful government requests;
    2. enforce our agreements, policies, and the Terms of Use, including investigation of potential violations thereof;
    3. detect, prevent, or otherwise address fraud, security, or technical issues; or
    4. protect against harm to the rights, property, or safety of Be Festival Safe, its users or any person as required or permitted by law;
  • in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.

We may also share aggregated or de-identified information.

DATA SECURITY

Be Festival Safe takes reasonable steps to help protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. There are a number of risks in transmitting any kind of data over the public Internet and no company can prevent every risk. Information that is privileged or confidential should not be distributed using the Be Festival Safe service.