TERMS AND CONDITIONS OF USE: Club Sensation
Effective Date: DECEMBER 15 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING CONTRACT.
Welcome to the “Site“
Club Sensation and its subsidiaries and affiliates (“Club Sensation,” “us,” “we,” “our”) provide website access, features, content and services to you subject to the following Terms and Conditions of Use (the “Terms”). The Terms govern your use of and access to the Site, as well as any of our affiliated websites (together with the Site, the “Sites”) and any services, features and content offered by us on or through the Sites (the “Services”). You may use the Sites and Services only on the condition that you abide by these Terms. Therefore, it is crucial that you read and comprehend these Terms.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. Any continued use of the Sites and/or the Services implies that you have read and consent to the Terms (and all other policies set forth on the Sites) without limitation or qualification. If you do not agree to the Terms, such policies, or any modifications thereto, please do not use the Sites. Additionally, as a condition of your use of the Sites, you represent and warrant to us that YOU WILL NOT USE THE SITES, ANY CONTENT ON THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THESE TERMS.
By visiting our site and venue you’re in compliance with our GDPR policy which can be reviewed here: GDPR POLICY
By using the Sites and/or the Services, you are representing you are 18 years of age or older and are legally capable to enter into contracts. If you are under 18, you may use the Sites and/or the Services only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Sites and/or Services.
Purchasing any ticket for Club Sensation Events is a purchase of event entry and not a purchase with the right of a certain artist performing. You’re purchasing your ticket for the entrance of Club Sensation. You’re NOT purchasing a ticket for the specific DJ on the line up as this can in extreme circumstances change.
Should you not be able to attend an event due to sickness, travel cancellation or personal matter this is a matter you need to resolve with your travel insurance. Club Sensation can only be held accountable for your inability of attending a party / event within circumstances that are initiated by Club Sensation s.a. but not limited that Club Sensation does a cancellation of the party / event.
In the highly unlikely event that a Force Majeure scenario forces a cancellations of Events it is Club Sensation’s intent to facilitate a refund in the means of: Similar product of value, Voucher for future purchase or financial refund. All financial refunds will be administered within 6 months. Any cancellations/ adjustments or re-scheduling compensations will only be activated in the events of: Decision by GEMP or the Greek authorities. GEMP can not be held responsible for compensations triggered by: You and your health, your travel partner, your government.
The ticket facilitator is TicketApp.nl. TicketApp.nl is solely to be viewed as a facilitator for processing, administrating and delivering ticketing solutions for GEMP. TicketApp.nl holds no financial liability nor any responsibility in regards to financial claims between you and GEMP related to, but not limited to: Refunds, timing of such and delivery of such. TicketApp.nl can be used by the consumer in regards to questions involving the proposition: “How?” all other claims, questions and inputs should be delivered to GEMP via Club Sensation (website)
All questions and concerns regarding the Terms should be directed to Club Sensation via our official instagram.
All tickets are subject to a refund policy in terms of vouchers only(1:1 exchange of tickets) in terms of cancellation out of the hands of Club Sensation. A voucher will be issued, with the same value for a related product (Club Air/ Chersonissos Booze Cruise). In the case that Club Sensation actively closes its doors and does not operate on the night of the event, then a voucher will be issued with the same value, for a future event and can be used within 12 months
MODIFICATION OF THE TERMS
We reserve the right to change, update, delete or add to the Terms at any time without notification to you. Any changes to the Terms will be effective immediately upon posting, and any continued use by you of the Sites and/or the Services after changes have been posted constitute your acceptance to those changes. It is your responsibility to review the Terms and applicable policies periodically for changes.
All text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, software and artwork (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Sites and/or the Services is owned or controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. All other trademarks not owned by us that appear on the Sites and/or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
YOU MAY NOT copy, use, republish, download, post, publically display, transmit, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission, unless expressly permitted in the Terms. Nothing on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Sites or on, or through, the Services, without the prior express written permission of the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features designed to protect the Content, is strictly prohibited.
By submitting User Content through any of the Communication Services, you grant us an irrevocable, perpetual, non-excusive, royalty free, freely transferrable, sublicensable, worldwide license to use, copy, sell, publically display, transmit, publically perform, create derivative works of, reformat and distribute your User Content for any purpose without compensation to you.
Club Sensation is not liable for the contents of any User Content made available through the Communication Services and has no responsibility to monitor or evaluate the User Content. You understand that by visiting the Sites or using the Services, you may be exposed to content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Club Sensation be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of the Sites or the Services.
We do not intend to create or imply any endorsement of any of the User Content nor do we verify or vouch for such content.
Once a customer enters Club Sensation, they are consenting to being photographed and/or filmed by our staff or via CCTV cameras on the premises. We reserve the right to use these images or videos on our website and any of our associated social media pages. We respect our customers’ privacy, however, any person entering the venue consents to our use of their image for promotional purposes.
Club Sensation owns all the rights to this content.
DMCA NOTIFICATION AND TAKE DOWN PROCEDURES
It is our policy to block or remove any User Content and other materials on the Sites and/or made available on or through the Services that we believe in good faith infringes the intellectual property rights of others.
If you are a copyright owner who believes that your rights have been violated by any materials, content or information on the Sites and/or made available on or through the Services, please send a notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Sites and/or the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Club Sensation to locate the material;
- Information reasonably sufficient to permit Club Sensation to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification, we will remove or disable access to the infringing material and notify the user that it has removed or disabled access to the material.
If the user believes in good faith that the material that was removed is either not infringing, or that the user has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside Greece, for any judicial district in which Club Sensation is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it may be restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
It is our policy to terminate repeat infringement offender’s access to the Site and the Services, and we reserve the right to do so.
TICKETING WEBSITE URL
You may purchase tickets to Club Sensation at www.sensationchersonissos.com
they go on sale, subject to availability. We use a third party ticketing company to manage and execute all ticket orders and customer service. Please review their Purchase Policy at www.sensationchersonissos.com
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ATTEND THE EVENT. BY PURCHASING TICKETS, YOU REPRESENT AND WARRANT TO US THAT YOU ARE, OR WILL, BE 18 YEARS OF AGE OR OLDER BY THE DATE OF THE EVENT YOU UNDERSTAND THAT NO REFUNDS WILL NOT BE GIVEN IF YOU ARE NOT ALLOWED ENTRY TO THE EVENT FOR BEING UNDERAGE.
WE MAY DISCONTINUE OR SUSPEND OUR SITES, SERVICES OR YOUR ACCESS
Club Sensation reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Sites and/or the Services, in its sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Sites and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend or terminate your access to the Sites and/or the Services, including the deletion of your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Sites and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms, including blocking IP addresses.
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Sites and/or the Services, or any portion thereof.
When you visit the Sites, use the Services or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LIMITED LICENSE TO USE SITE AND SERVICE
Subject to these Terms, you are granted a limited, non-sub licensable right to use and access the Sites and the Services and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Sites and Services or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Sites and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Sites and the Services (including the images found on the Sites or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Sites and Services remain the sole property of Club Sensation.
Any unauthorized use of the Sites and/or the Services terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Club Sensation, the Sites, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter or does not otherwise create an implication of endorsement by us. You may not use Club Sensation name, likeness, logo(s) or other proprietary graphic(s) or trademark(s) as part of the link without express written permission. If you place a link to the Site(s) on a third party website, you must adhere to Club Sensations linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Club Sensation and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Club Sensation; (iii) when selected by a user, the link must display the Site(s) on full-screen and not within a frame on the linking site; and (iv) Club Sensation reserves the right to revoke its consent to the link at any time and in its sole discretion.
THIRD PARTY CONTENT AND SERVICES
The Sites and Services are operated from Greece. We do not represent or warrant that the Sites and/or the Services (or any part thereof) are appropriate or available for use in any particular country other than Greece. In choosing to access the Sites and/or the Services you do so at your own risk, and are responsible for complying with all local laws, rules and regulations.
IF YOU ARE A USER ACCESSING THE SITES AND/OR THE SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF GREECE, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITES AND/OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO GREECE AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING GREECE) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
DISCLAIMER OF WARRANTIES
THE SITES AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CLUB SENSATION MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND/OR THE SERVICES IS AT YOUR SOLE RISK. CLUB SENSATION DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES, AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE SITES AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITES AND/OR THE SERVICES.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Club Sensation or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Sites or Services, your use of the Sites and/or the Services available on our Sites or Services, even if Club Sensation and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites and/or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Sites or Services, the software, unauthorized access to or alternation or your transmissions of data, statements or conduct of any third party on the site, any other matter relating to the Sites or the Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
CLUB SENSATION AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE STATED, YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITES AND/OR THE SERVICES.
You agree to defend, indemnify and hold Club Sensation, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Sites and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Sites and/or Services.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Club Sensation as a result of the Terms or your use of the Sites or the Services.
Assignment. Club Sensation may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Club Sensation’s express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Equitable Remedies. You hereby agree that Club Sensation would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.