Version 1.1 – 1 May 2018
1.1 Welcome to our mobile application, I’M IN (App). The App is published by Nopster BV, a company registered in the Netherlands under company number 64427994 whose registered office at Raamgracht 6, 1011 KK, Amsterdam, the Netherlands.
1.2 This page (together with the documents referred to in it) sets out the terms and conditions (Terms) in accordance with which you may make use of the App. Please read these Terms carefully before you start to use the App.
1.3 In these Terms reference to Nopster,I’M IN, we, us, our and ours means Nopster BV.
1.4 By downloading or otherwise accessing the App you agree to be bound by the Terms and our privacy and cookies policy . If you have any queries about the App or these Terms, you can contact us by any of the means set out in paragraph 17 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
2. USING THE APP
2.1 You must be 18 years or older to download the App and play the games within it. By downloading the App you confirm that you are not less than 18 years of age.
2.2 Before using, and in order to use, the App you must register your I’M IN account. As part of the registration process we will ask for personal information from you. You must ensure that the personal information you provide is correct. The App’s effectiveness relies on you providing the correct personal information. If we find, or have reason to believe, that you have provided incorrect personal information, we may at our sole discretion decline you access to the App, delete the account and/or any other such steps in order to prevent your further use of the App. You can login to and use the App as soon as you have completed the registration process.
2.3 You are solely responsible for the security of your account. This means it is your responsibility to protect your username and password from unauthorised use. An I’M IN account is personal and may not be shared with or transferred to others. If we find that an I’M IN account is being or has been misused, we may at our sole discretion decline you access to the App, delete the account and/or any other such steps in order to prevent your further use of the App. You may be liable for any loss or damage incurred as a result of misuse of your account.
2.4 You may not have more than one I’M IN account. If we find or have reason to believe that you are operating or have operated more than one account, we may at our sole discretion decline you access to the App, delete the account and/or any other such steps in order to prevent your further use of the App.
2.5 We recommend that you ensure that you use the latest version of the App. Use of older versions and/or more than one versions simultaneously may result in presentation of incorrect information and/or affect your use and/or enjoyment of the App. We will not be liable in the event of any of the foregoing, therefore you should regularly check for updates.
2.6 You acknowledge that, unless we are aware of and have consented to use of your I’M IN account by someone else, we will assume that you are the only user on your I’M IN account and that all activity has been yours.
2.7 The App uses your personal information. We do everything we can to ensure compliance with current EU privacy and data protection laws. Please see our privacy and cookies policy for more information.
3. GENERAL RULES RELATING TO CONDUCT
3.1 The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable EU laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
3.2 You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
3.3 You hereby indemnify us and our group companies in full and on demand from and against any loss, damage, costs or expenses which we or they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
3.4 If you use of the App otherwise than in accordance with these Terms or Applicable Laws, we may at our sole discretion:
(a) report you to such authorities as we see fit;
(b) provide personal information relating to you including your name, address, IP address, and other identifying information to any third party who registers a formal complaint about an activity of yours which we consider plausible in our reasonable opinion; and/or
(c) decline you access to the App, delete your I’M IN account and/or take such other steps as we deem necessary in order to prevent your further use of the App.
4. RULES OF PLAY
4.1 As soon as you register your I’M IN account you will have access to the App, including the games and offers available within it.
4.2 To play the premium games within the App you will need to enter a unique code when prompted. In the I’M IN app there will be an explanation of how to get the unique code. The unique code does not guarantee a play of the premium game; only a limited number of players with a unique code will be able to play each premium game. After the relevant number of players has been reached, no further players will be able to access that game.
4.3 A bonus spin is a free play on a game in the App.
4.4 We may award or deduct bonus spins to or from you I’M IN account according to how you use the App. For example, if you attend an event you have won tickets to through the App or if you introduce new users to the App we may award bonus spins, and if you fail to attend an event without cancelling your ticket on sufficient notice we may deduct bonus spins. Precise details will be given in the app and you should check the information on a regular basis.
4.5 Bonus spins may carry additional conditions, such as time restrictions, and you should check the information provided in each case.
4.6 If you breach our rules including these Terms, we may cancel or remove any bonus spins won by you and credited to your I’M IN account.
4.7 A bonus spin can only be used when it is played immediately after the regular game has ended. If you leave the game by navigating elsewhere within the App before playing a bonus spin you will no longer be able to use your bonus spin for that particular game.
4.8 We may at our sole discretion cancel a bonus spin that you have won and/or not reward you with a bonus spin if we decide at our sole discretion that there is cause to do so.
4.9 If you win a ticket and commit to going to that event by validating your ticket, we expect you to go to that event and make use of the ticket. If we find from our scanner data from the events and/or GPS results that you have not used your ticket, we may cancel or remove any bonus spins credited to your I’M IN account.
4.10 A bonus spins does not guarantee that you will win a game. A bonus spin gives you the chance to win, and you have no further rights in this regard.
5.1 In each game you will have the chance to win event tickets and/or other prizes referred to at the start of the game. You will know immediately upon completing a game whether you have won and which prizes, if any, you have won.
5.2 If you win a Ticket on the App you will need to validate it before the prize can be assigned to your name. You validate a ticket by entering your personal information on the App as requested at the time. When you validate a ticket, a barcode will be assigned to that ticket, and that barcode will be unique. If you cancel a prize, including a ticket, we will cancel that prize and such cancellation will be irreversible.
5.3 A ticket or other prize won via the App is personal to the user who wins it and is non-transferable. A user is not permitted to sell, gift, or otherwise dispose of a ticket or other prize. If we find or have reason to believe that you have acted in breach of this clause 5.3, we may at our sole discretion decline you access to the App, delete the account and/or take any other such steps in order to prevent your further use of the App. In the case of such breach, you will be liable in full and on demand for any loss, damage, costs or expenses which we, our partners, customers, sponsors and/or users suffer or incur directly or indirectly, and you hereby indemnify us to such extent.
5.4 You acknowledge that the events listed on the App are organised by third parties. We will not be liable for changes to or cancellation of these events, or for any loss or injury suffered by you as a result of or in connection with your attendance at these events.
5.5 Any ticket won by you on the App is subject to the terms and conditions of the third party putting on the event. We recommend that you read the terms for each event carefully before trying to win a ticket. If you are denied entry to an event for breach or non-compliance with the event’s terms and conditions, we will not be liable.
5.6 When you enter an event, your ticket and will be checked and you will be asked for personal identification. It is your responsibility to ensure that your digital ticket is legible on your mobile device. If your ticket cannot be checked due to a defect with your device, you will be denied entrance to the event. In these circumstances we will not be liable.
5.7 In the event you do not win a ticket but are offered the chance to purchase discount tickets or other products, we will be acting as agent. Should you make any such purchase, you would be purchasing discount tickets or other products from a third party and we would not be a party to that contract.
5.8 We may cancel a ticket or other prize if we find or have reason to believe that you have won it in a way that is not in accordance with these Terms or that is otherwise unlawful. For the avoidance of doubt this includes without limitation circumstances in which a ticket or other prize is awarded due to technical and/or human error. In such circumstances we may at our sole discretion cancel the ticket or prize, in which case we will first contact you to explain that the ticket or prize has been awarded not in accordance with our Terms.
6. AVAILABILITY AND MAINTENANCE
6.1 We do our very best to ensure that the App is available for you at all times, however we cannot avoid altogether interruptions, mistakes, flaws and/or information which is not up to date.
6.2 We carry out maintenance on the App from time to time to ensure optimum service. We make every effort to schedule maintenance at times when user traffic is low. We will notify you in advance of scheduled maintenance whenever possible. Maintenance in response to unforeseen disruption may be required at any time, and for this kind of unscheduled maintenance we will not be able to notify you in advance.
6.3 We may from time to time modify, alter or otherwise change the functionality of the App. During such modifications it is possible that information within the App may be altered and/or deleted. In such circumstances we will not be liable for any loss, direct or indirect, suffered by you in connection with such modifications.
6.4 We welcome your feedback about how our maintenance of the App affects you and suggestions about how you think we could improve it. For feedback and suggestions please use the email address provided in these Terms.
7. SERVICE SUSPENSION
Nopster reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
8. CONTENT AND INTELLECTUAL PROPERTY
8.1 The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“ Material“) is owned by or licensed to Nopster or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Nopster’s express permission.
8.2 The trademarks, service marks, and logos (“Trade Marks “) contained on or in the App are owned by Nopster or its group companies or third party partners of Nopster. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Nopster or the relevant group company or the relevant third party partner of Nopster.
8.3 Information that you enter into or save on I'M IN is and remains your property. If you use the App, you are deemed to grant Nopster an irrevocable licence to publish such information on the App and for any publicity of ours relating to the App or Nopster (the “Licence”).
9. ADVERTISERS IN THE APP
9.1 We may from time to time carry advertising on the App, which enables us to make the App available to download for free. We accept no liability for or in relation to advertisements within the App. If you agree to purchase goods and/or services from any third party which advertises in the App, you do so at your own risk. The advertiser, rather than Nopster, is liable for such goods and/or services.
9.2 You will not block the advertisements in the App and if you have ad-blocking software installed on your Device you will disable it before using the App. If you breach this clause 9.2, we may at our sole discretion decline you access to the App, delete the account and/or take any other such steps in order to prevent your further use of the App.
10.1 If you take part in any competition, which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by us from time to time (“ Competition Rules“) and by our decisions relating to the Competition, which are final in all cases.
10.2 We will notify you by email of the results of the competitions you have entered and the games you have played. If you win tickets for an event via the App, we may contact you using the contact details you have provided regarding other offers and/or changes to events. If you do not win tickets for a particular event, we may contact you regarding any special offers connected to that event.
10.3 We reserve the right in our absolute discretion to disqualify any entrant and/or winner in without notice in accordance with the Competition Rules.
11.1 When you register on the App you will be deemed to consent to receiving our newsletter, and we will add your email address to our newsletter mailing list. You are free to unsubscribe from the newsletter at any time by clicking the relevant link at the bottom of the newsletter.
11.3 Please refer to our privacy and cookies policy for further information about how we will collect and use your personal data.
12. LINKS TO THIRD PARTIES
The App may contain links to websites operated by third parties (“ Third Party Websites“), which we may monetise through third party affiliate programmes. Notwithstanding such affiliate programmes, we have no influence or control over such Third Party Websites and, unless otherwise stated, we are not liable for any Third Party Websites or their content.
13. PRIVACY AND DATA PROTECTION
14. LIMITATION OF LIABILITY
14.1 USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NOPSTER EXCLUDES ALL LIABILITY TO THE FULLEST EXTENT PERMITTED UNDER LAW, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN NOPSTER AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
14.2 We will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
14.3 IF NOPSTER IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.
14.4 Nothing in these Terms shall be construed as excluding or limiting the liability of Nopster or its group companies for death or personal injury caused by its negligence or for any other liability, which cannot be excluded by Dutch law.
15. DURATION AND TERMINATION
15.1 Your agreement with us comes into effect immediately when you first download the App and continues until terminated by either you or us in accordance with these Terms.
15.2 You can terminate this agreement at any time by deleting your I’M IN account.
15.3 We may terminate this agreement in the event that you do not use the App for a period of eighteen (18) months. Prior to termination, we will send a reminder email to the email address on your account.
15.4 We may continue to store your personal information following the closure of your I’M IN account howsoever arising. We may use your personal information for market research. After two years we may delete or anonymously and securely store your personal information in our database.
15.5 If you would like Nopster to delete your personal information, you should notify us by e-mail using the e-mail address at the end of these Terms.
16. CHANGES TO THESE TERMS
16.1 We reserve the right to update these Terms from time to time. If we do so, the updated version will be effective immediately upon publication on the App. You can always access our current Terms via a link in the App. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them. No other variation to these Terms will be effective unless in writing and signed by an authorised representative on behalf of Nopster.
16.2 We will endeavor to notify you in advance of any amendments to these Terms.
16.3 If you do not accept an amendment to these Terms, you must delete your account immediately. If you do not you will be deemed to have accepted such amendment.
16.4 These Terms will apply retrospectively so that if you have registered and/or created an I’M IN account without being asked to accept them, these Terms will apply to you.
17.1 These Terms (as amended from time to time) constitute the entire agreement between you and Nopster concerning your use of the App.
17.2 These Terms shall be governed by and construed in accordance with Dutch law and you agree to submit to the exclusive jurisdiction of the Dutch Courts.
17.3 If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
17.4 Nopster’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nopster in writing.
17.5 Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Nopster and its group of companies.
17.6 Nopster may at any time assign or deal in any other manner with any or all of its rights and/or obligations under these Terms, provided that it gives prior written notice of such dealing to you.
18. CONTACT US
You can contact us by contacting through e-mail; firstname.lastname@example.org or telephone; 0031203080915, Nopster BV