Version 1.1
These terms of use ("Terms") apply to the use of the FAMFAM App ("App") and the FAMFAM Web Profile ("Web Profile") provided by FAMFAM AG, Schollenmatt 2, 8832 Wollerau, Switzerland ("FAMFAM" or "We"). If you, as a user of the App or Web Profile ("User," "You"), accept these Terms in the App or on the Web Profile, You and FAMFAM conclude a contract for the use of the App and Web Profile ("User Contract").
1.1 FAMFAM provides the App and Web Profile exclusively to adult Users for private use. The use of the App and Web Profile by minors and for commercial or professional purposes is prohibited.
1.2 The User Contract is concluded as soon as You accept these Terms in the App or on the Web Profile electronically.
1.3 The App and Web Profile allow You to follow contemporary cultural movements and trends in the fields of electronic music, fashion and art, to use shop functionalities and to make a valuable contribution to society by donating to the FAMFAM Foundation.
2.1 You require an internet connection for most of the features in the App and Web Profile. You are responsible for establishing and maintaining the internet connection and bear the costs incurred for this.
2.2 FAMFAM cannot guarantee uninterrupted availability of the App or Web Profile, but will try to keep operational interruptions for maintenance or similar purposes to a minimum.
2.3 You are responsible for checking whether the App is compatible with the software or hardware of Your smartphone or browser for the Web Profile. FAMFAM is not obliged to offer technical support for running the App or Web Profile.
2.4 FAMFAM is not liable for data loss caused by You deleting Your data, deleting the App from Your smartphone, deleting Your User Account or losing Your access data for Your User Account.
2.5 FAMFAM is entitled to block Your access to the App and/or Web Profile if there is sufficient suspicion that You have violated these Terms. You can avert these measures if You can dispel the suspicion by providing suitable evidence at Your own expense.
2.6 FAMFAM reserves the right to change the App and/or Web Profile and its features in whole or in part or to discontinue them temporarily or permanently. Insofar as these are significant changes, FAMFAM will inform You in advance of the change with reasonable notice and in a suitable form.
2.7 Communication Consent By registering, You consent to receiving push notifications and emails necessary for the operation of the App and Web Profile. You may opt out of non-essential notifications in Your device, Web Profile, or App settings.
2.8 Data Privacy The use of the App and Web Profile is subject to our Privacy Policy, which explains how we collect, use, and protect Your personal data. You can access it https://www.famfam.app/data-protection-notice/.
3.1 To use the App and Web Profile, You have to create an individual FAMFAM user account ("User Account").
3.2 For creating a User Account, You will be asked to provide to Us information (e.g., name, e-mail address and date of birth), with which You can register and then log in to Your User Account. To verify the User Account, FAMFAM will send You a confirmation email with a confirmation code, which You have to enter in the input mask to complete the registration process.
3.3 You may further personalize Your User Account by adding a profile image or linking to Your social media accounts.
3.4 You may request the deletion of Your User Account at any time by contacting us at support@famfam.app. We will process your request and delete your account, including associated personal data, within sixty (60) days, unless we are legally required to retain certain data for a longer period (e.g., for tax or accounting purposes). After deletion, you will no longer be able to access the App or Web Profile, and any associated content, guest list entries, donation history, or tickets will be permanently removed or anonymized.
4.1 FAMFAM is an innovative platform dedicated to music enthusiasts, curating a vibrant blend of music, fashion, and art that embodies the contemporary spirit of our age. At the heart of FAMFAM lies our commitment to social impact through the FAMFAM Foundation. The FAMFAM Foundation is dedicated to fundraising for lasting projects aimed at providing underprivileged children and teenagers with access to professional environments that nurture and elevate their creative potential. You can make a donation to the FAMFAM Foundation via the App.
4.2 For making a donation to the FAMFAM Foundation, You have to enter the legally required information in the App to process Your donation. You can make the donation directly in the App via a payment interface.
4.3 You may claim a donation receipt for tax purposes. For donations of EUR 300 or more, You automatically receive a donation receipt after the FAMFAM Foundation has received the donation.
5.1 FAMFAM may offer You to put You (and one or more companions) on Our exclusive guest list for selected events. To register on a guest list, You must install the App on Your device. FAMFAM may send You a request to apply for guest list or an invitation to a guest list via push notification if You have agreed to receive push notifications on Your device.
5.2 Your placement on the guest list will only be binding upon explicit confirmation of Your registration on the guest list after FAMFAM has checked the available capacities for the respective event. You can find the confirmation in the App.
5.3 FAMFAM reserves the right to make the placement on the guest list dependent on making a donation to the FAMFAM foundation (see Section 4 of these Terms).
Tickets offered in the App are provided by third-party event organizers. The relevant provider will be clearly named during the purchasing process. Ticket sales are binding upon confirmation and payment. Refunds or cancellations are only possible if explicitly stated during purchase or if mandated by applicable law. FAMFAM does not guarantee the occurrence of events provided by third parties or entry conditions beyond its control.
7.1 FAMFAM may add further functionalities and features to the App which may be subject to a payment (e.g., sale of tickets and merchandising) and / or which require the conclusion of additional contracts with FAMFAM.
7.2 FAMFAM may link to services of third-parties in the App (e.g., promoters or clubs) from whom the User may purchase products or services (e.g., tickets) under separate contracts with such third-parties. Unless explicitly agreed, FAMFAM will not be part of these contracts with third-parties and will not be responsible for the provision of third-party services.
7.3 The App may be expanded in future versions to include merchandise sales, table reservations via chat, waitlists, ticket resales, and music content access. FAMFAM will provide specific terms for each new feature before launch and may require additional agreements or payments for their use.
8.1 FAMFAM grants a non-exclusive, non-transferable, non-sublicensable right to use the App for the duration of and in line with the User Contract. Otherwise, all rights to the App and the content contained in the App remain with FAMFAM. In particular, You may not make the App or its content publicly accessible, rent it out or use it commercially in any other way.
8.2 The App contains content of third-parties which is protected under copyright law or other intellectual property right laws. You may only use such content as part of the contractual use of the App or as otherwise permitted by such third-party.
8.3 You may be able to upload and share content with other users in the App. You are obliged to ensure that you have all legally required rights to this content in order to upload and share this content.
8.4 You shall indemnify Us against all claims of third-parties against Us resulting from a breach of the obligations under Clauses 8.2 and 8.3, to the extent you are responsible for this breach.
9.1 The use of the App is generally free of charge. However, FAMFAM reserves the right to offer a paid version of the App ("Subscription") or to offer certain services, content or features in the App against payment only ("Paid Services").
9.2 The prices for the Subscription and / or Paid Services will be agreed in the respective contracts for the Subscription and / or the Paid Services.
9.3 Payments can be made via the payment methods specified by FAMFAM before conclusion of the contract for the Subscription and / or the Paid Services.
9.4 All prices displayed in the App are gross prices including the applicable statutory VAT.
10.1 FAMFAM is liable without limitation in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of mandatory product liability law (Produkthaftungsgesetz) and to the extent of a guarantee assumed by FAMFAM.
10.2 Notwithstanding section 10.1, FAMFAM's liability for a slightly negligent breach of an obligation that is essential for achieving the purpose of a contract is limited to the amount of damage that is foreseeable and typical according to the nature of the subject matter of the contract. Any further liability of FAMFAM shall be excluded.
10.3 The limitation of liability according to section 10.2 also applies to the personal liability of employees, representatives and corporate organs of FAMFAM.
11.1 The User Contract is concluded for an indefinite period. You and FAMFAM may terminate the User Contract at any time with a notice period of two (2) weeks to the end of each calendar month. After termination of the User Contract, You can no longer use the App.
11.2 For Subscriptions or contracts on Paid Features, other termination periods may apply.
11.3 FAMFAM will terminate the User Contract and close Your User Account if FAMFAM does not register any activity on the User Account for a period of two (2) years. In this case, FAMFAM reserves the right to delete the data in the User Account and to inform You of the deletion in a suitable form in advance.
11.4 Each party has the right to terminate the User Contract for good cause without observing a notice period. An important reason for FAMFAM is in particular:
11.5 The statutory right of withdrawal under applicable consumer protection laws to which the User might be entitled remains unaffected.
12.1 Online dispute resolution via the internet (Art. 14 (1) ODR Regulation): The European Commission provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr/.
12.2 Online dispute resolution before a consumer arbitration board (§ 36 VSBG): FAMFAM is neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.
FAMFAM reserves the right to amend these Terms, e.g., in the event of changes of legal obligations or market conditions, to the extent such amendment is reasonable for the User, taking into account the interests of the User. FAMFAM will inform the User at least six weeks before the amendment comes into effect. If the User does not object to the amended Terms coming into force within four weeks after such information about the amendment, the amended Terms shall be deemed agreed. FAMFAM will specifically inform the User at the beginning of the aforementioned period of the effect of the Users behavior.
14.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer and has his / her habitual residence in another country at the time of the conclusion of the User Contract or another contract with FAMFAM, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in the foregoing sentence.
14.2 Should individual provisions of these Terms prove to be legally invalid, the remaining parts of Terms shall remain binding. In this case, the parties shall mutually agree on an effective provision that corresponds as closely as possible to the original intention of the parties.