1. Who We Are

1.1 Boat Party Ibiza

Welcome to Boat party Ibiza! We are a ticketing platform dedicated to help people to find the best boat party experience in Ibiza. Through our platform, we enable people all over the world to find, discover and register for Boat parties in Ibiza.

1.2 The Services

Boat Party Ibiza’s websites and domains, including all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us.

We refer to all of these as our “Services.”

Boat Party Ibiza is a not incorporated joint venture composed in:

RIGHT NOW INTERNATIONAL LLC Delaware business incorporators, inc with its principal office and place of business in 3422 old capitol trl ste 700 Wilmington, new castle, DE 19808

And:

 

DISCOBUS s.r.o code: CZ28939930, with its principal office and place of business in Vrsovicka 416/9 zipcode 10100 Prague 10 Czech Republic

This Not incorporated joint venture entity is referred as “Boat Party Ibiza,” “us,” “we” or “our”.

If you have any questions or concerns at any time, please do not hesitate to contact us at the address above or by: support@boatpartyibiza.com

1.3 Users

Through the Services, Boat party Ibiza provides a simple and quick means for registered users who are event organizers, planners and organizations (“Organizers”) to create event registration, speaker profile, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers of the Services and to sell tickets and registrations (or issue free registrations), to users who wish to make purchases for such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”

 

  1. Our Terms Of Use

2.1 Application

The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with Boat Party Ibiza.

2.2 Incorporation By Reference

These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.

  1. Your Use Of The Services

3.1 The Services

Boat Party Ibiza hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable (except to sub-Users registered via the Services), revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets for an event that is registered on the Services; and/or (b) if you are an Organizer, signing a contract to authorize Boat Party Ibiza to collect a brokerage fee on the sales for an event and supervising event registration, speaker profile, organizer profile  and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case (i) in compliance with these Terms of Use and the Terms of Service; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

  1. Boat Party Ibiza’s Role

4.1 Listing Service and Limited Agent

Boat Party Ibiza is not the organizer or owner of the events listed for sale or registration on the Services. Boat Party Ibiza provides the Services, which allow contracted Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page.

Boat Party Ibiza  may collect a DEPOSIT as its brokerage fee authorized by the contract signed between Boat Party Ibiza  and the Organizer.

Boat Party Ibiza can also do not collect any brokerage fee if the attendee select the HYBRID RESERVATION.

Attendee will receive a receipt that allow him to pay the deposit to any of the offline ticket point listed on the website www.boatpartyibiza.com

Attendee will have the option to pay full amount of ticket in offline ticket point and Boat Party Ibiza will notify the Organizer if this happen.

Boat Party Ibiza operates ONLINE receiving deposits from customers that represent the brokerage fee agreed in the contract signed by Boat Party Ibiza and the specific organizer, giving in exchange of such deposit a receipt that allow the attendee to access the event upon completing payment at the moment of the event.

No full amount of ticket of any event is collected at the moment of the ONLINE RESERVATION.

Boat Party Ibiza operates also OFFLINE providing a possibility for the attendee to reserve the priority to access the Organizer’s event, being able to pay the deposit in Boat Party Ibiza’ network of OFFLINE ticket points.

It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

4.2 Selection of Payment Processing Method

As an Organizer, you may communicate your preferred payment processing method for your event provided to Boat Party Ibiza, that once you sell the first ticket to an event you may not change the payment processing method for that event. As an Attendee, you will be using whatever payment processing method the Organizer of the applicable event has selected. If the Organizer has selected a payment processing method that uses a third party to process the payment, then neither Boat Party Ibiza or any of its third party payment processing partners processes the transaction but may transmit your payment details to the Boat Party Ibiza’s designated payment provider.

Third party System as Paypal Pro or merchant such Stripe may be used.
4.3 Refunds

Because all ONLINE transactions are between Boat Party Ibiza and its respective Attendees, Boat Party Ibiza asks that all Attendees also to contact the applicable Organizer of their event with any refund requests, in case the full payment for the event has been performed.

Boat Party Ibiza is not responsible if organizers cancel the event and all deposits will not be refunded at any time if not requested with a valid reason not beyond 24 hours prior the event.

You can submit your request to be evaluated here: support@boatpartyibiza.com

You can find help with getting a refund here. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with Boat Party Ibiza’s Attendee Refund Policy Requirements available here. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Boat Party Ibiza. Boat Party Ibiza may, in its discretion, attempt to mediate such dispute, however, Boat Party Ibiza will have no liability for (a) an Organizer’s failure to give refunds; (b) Boat Party Ibiza’s failure to mediate a dispute; or (c) Boat Party Ibiza’s decision if it does mediate the dispute.

 

  1. Content

5.1 Site Content

You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Boat Party Ibiza in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Boat Party Ibiza may own the Site Content or portions of the Site Content may be made available to Boat Party Ibiza through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of Boat Party Ibiza and is protected by copyright laws. Except as expressly authorized by Boat Party Ibiza in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms of Use and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

7.2 Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to Boat Party Ibiza a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Boat Party Ibiza’s promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Boat Party Ibiza does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful. Boat Party Ibiza reserves the right to remove any of Your Content from the Services at any time if Boat Party Ibiza believes in its discretion that it violates the Terms of Service, including without limitation, these Terms of Use. In addition, you agree that Boat Party Ibiza may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Boat Party Ibiza both on the Services and in marketing, advertising and promotional materials.

7.3 Feedback & Revisions

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Boat Party Ibiza by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by Boat Party Ibiza or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of Boat Party Ibiza. All Feedback and Revisions become the sole and exclusive property of Boat Party Ibiza and Boat Party Ibiza may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Boat Party Ibiza any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Boat Party Ibiza. At Boat Party Ibiza’s request, you will execute any document, registration or filing required to give effect to these provisions.

 

  1. Conduct

8.1 Certain Restrictions

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with Boat Party Ibiza’s Raffles, Contests and Sweepstakes Guidelines;

(d) impersonate any person or entity, including, but not limited to, a Boat Party Ibiza representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;

(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;

(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service (including without limitation these Terms of Use and the API Terms of Use available here);

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) attempt to probe, scan or test the vulnerability of any Boat Party Ibiza server or network or breach any security or authentication measures, unless you are an authorized contractor of Boat Party Ibiza specifically engaged to provide such services;

(l) attempt to avoid or circumvent any technological measure implemented by Boat Party Ibiza to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;

(m) solicit any User to use a third party service that competes with Boat Party Ibiza;

(n) advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;

(o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;

(p) resell tickets or registrations;

(q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;

(r) collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Boat Party Ibiza’s prior written consent; or

(s) stalk or otherwise harass any person or entity.

8.2 Certain Remedial Rights

You acknowledge that Boat Party Ibiza does not pre-screen Your Content or the Content of any other User in connection with the Services, but that Boat Party Ibiza and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service, including without limitation, these Terms of Use. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that Boat Party Ibiza may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of Boat Party Ibiza, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

  1. Sub-domains

Boat Party Ibiza may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].boatpartyibiza.com) for a given event. All such sub-domains are the sole property of Boat Party Ibiza and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Boat Party Ibiza provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms of Service, including without limitation, these Terms of Use. If Boat Party Ibiza terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

  1. Additional Services

Boat Party Ibiza may, upon request, and for such fees as Boat Party Ibiza may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of Boat Party Ibiza, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

  1. Service Modifications

Boat Party Ibiza isn’t a job shop, it isn’t a white label solution and it isn’t a walled garden built specifically for each Organizer. Boat Party Ibiza is one of the most complete and most full featured event ticketing and boat party platforms in the world. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay brokerage fee to Boat Party Ibiza as you use the Services and we perform the sales.

 

  1. Links

12.1 Third Party Websites

The Services may provide, or Users may provide, links to other Internet websites or resources. Because Boat Party Ibiza has no control over such websites and resources, you acknowledge and agree that Boat Party Ibiza is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Boat Party Ibiza partners or third party service providers.

13.2 Linked Accounts

As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that Boat Party Ibiza may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.

  1. Privacy; Customer Information

14.1 Privacy Policy

All information provided by Users or collected by Boar Party Ibiza in connection with the Services is governed by Boat Party Ibiza’s Privacy Policy, a copy of which is located here. The Privacy Policy is incorporated into the Terms of Service by reference. Boat Party Ibiza strongly recommends that you review the Privacy Policy.

14.2 Co-Ownership

Boat Party Ibiza follows a “co-ownership model” with respect to Attendee Information (as defined below). This means that all Attendee Information inputted by an Attendee on event pages posted by an Organizer on the Services will be shared with the applicable Organizer and may also be used by Boat Party Ibiza in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Attendee. Note that Payment Data (as defined below) will not be shared with Organizers. Each Attendee acknowledges and agrees to this sharing and understands and agrees that each Organizer is solely responsible for the use of Attendee Information that was provided to such Organizer through the Services and that Boat Party Ibiza is responsible only for its own use of Attendee Information. Each Organizer represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Attendee Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and (c) upon a request of a given Attendee or as permitted in Section 8.2 of these Terms of Use, Boat Party Ibiza is authorized at its discretion to delete or anonymize Attendee Information of a requesting Attendee from the Services at which time it will no longer be available to Organizer through the Services or will no longer be linked to an identifiable Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organizer’s own databases if transmitted prior to Boat Party Ibiza receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests but excluding Payment Data.

14.3 Payment Data

Boat Party Ibiza will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.

Payment pages may be included on Boat Party Ibiza website or also Attendee payment information may be inserted in a third party payment service (ex. PayPal)