Terms & Conditions

Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via cluj-napoca.xyz, digital television, PDA, mobile phone and RSS feeds.

In these terms and conditions, when we say the “Cluj-Napoca.XYZ website” we mean the digital information network operated by or on behalf of Cluj-Napoca.XYZ and affiliates (collectively “Cluj-Napoca.XYZ”), regardless of how you access the network, as well as any Cluj-Napoca.XYZ services whether you access those via a Cluj-Napoca.XYZ website or a third party site.

However you access the Cluj-Napoca.XYZ website, you agree to be bound by these terms and conditions. If you have accessed the Cluj-Napoca.XYZ website from the United States or Australia, you also agree to be bound by additional terms contained at the end of these terms and conditions.

1. Registration

You may access areas of the Cluj-Napoca.XYZ website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Cluj-Napoca.XYZ website, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the Cluj-Napoca.XYZ website.

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Cluj-Napoca.XYZ website.

(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by sending an email to removeme@cluj-napoca.xyz. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Cluj-Napoca.XYZ website. Continued use of the Cluj-Napoca.XYZ website indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Cluj-Napoca.XYZ website immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the Cluj-Napoca.XYZ website

Your use of the Cluj-Napoca.XYZ website is for your own personal and non-commercial use only. You acknowledge that, as between Cluj-Napoca.XYZ and you, except for user content and advertisements (as discussed below), Cluj-Napoca.XYZ is the sole owner of all content on the Cluj-Napoca.XYZ website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Cluj-Napoca.XYZ website (“Cluj-Napoca.XYZ Content”). The Cluj-Napoca.XYZ website and the Cluj-Napoca.XYZ Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Cluj-Napoca.XYZ Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Cluj-Napoca.XYZ Content for any other purpose without our prior written approval. Except as expressly authorised by the Cluj-Napoca.XYZ, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Cluj-Napoca.XYZ website.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at sharing@cluj-napoca.xyz. Under no circumstances should you publish or share Cluj-Napoca.XYZ Content on any paid-access service. Any paid access to our content will result in legal action and recovery of any due income in accordance with the terms and conditions presented on this page.

For all other inquiries about distribution or reproduction of the materials, please contact sharing@cluj-napoca.xyz.

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Cluj-Napoca.XYZ Content. Nothing in the Cluj-Napoca.XYZ Content is provided for any specific purpose or at the request of any particular person, with the exception of Cluj-Napoca.XYZ Community submitted content (discussed below). For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Cluj-Napoca.XYZ Content or any part of it. You can access other sites via links from the Cluj-Napoca.XYZ website. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Cluj-Napoca.XYZ website or the Cluj-Napoca.XYZ Content. In particular, we do not warrant that the Cluj-Napoca.XYZ website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Cluj-Napoca.XYZ website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

If you are accessing the Cluj-Napoca.XYZ website from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.

5. Third party advertising on the Cluj-Napoca.XYZ website

You will see advertising material submitted by third parties on the Cluj-Napoca.XYZ website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on the Cluj-Napoca.XYZ website, please email the user help team at advertising@cluj-napoca.xyz, and they will pass your details on to our advertising sales team.

6. Cluj-Napoca.XYZ Community Submitted Content

Users of our site may be permitted to submit content for publication in various areas of the Cluj-Napoca.XYZ website. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at https://cluj-napoca.xyz/terms/community-standards/ which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Cluj-Napoca.XYZ website.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Cluj-Napoca.XYZ website.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Cluj-Napoca.XYZ website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Cluj-Napoca.XYZ, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Cluj-Napoca.XYZ website.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to:

  1. Post content which is deliberately intended to upset or harm other users
  2. Use the Cluj-Napoca.XYZ website to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability
  3. Post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Cluj-Napoca.XYZ website or any computer software or hardware or telecommunications equipment
  4. Upload or otherwise transmit any content, or take any other actions with respect to your use of the Cluj-Napoca.XYZ website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability
  5. Use the Cluj-Napoca.XYZ website for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Cluj-Napoca.XYZ website may involve transmissions over various networks and changes to content to conform and adapt to technical requirements of connecting networks or devices. Cluj-Napoca.XYZ assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Cluj-Napoca.XYZ website.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.

Any queries regarding copyright and your content should be directed in the first instance to rights@cluj-napoca.xyz.

Readers of our print products submitting content to Cluj-Napoca.XYZ News & Media should read our terms here.

7. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at https://cluj-napoca.xyz/terms/privacy-policy.

8. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Cluj-Napoca.XYZ website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Cluj-Napoca.XYZ website after it has been posted.

9. Governing law & jurisdiction (except for US users)

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of the Cluj-Napoca.XYZ website in the United States is governed by Section below entitled Governing law & jurisdiction (for US users)

10. Indemnification

You agree to defend, indemnify, and hold harmless Cluj-Napoca.XYZ and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

11. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Cluj-Napoca.XYZ.

Additional terms of use for users in the United States and Australia

12. Additional restrictions on user content for US users

In addition to section 6 the terms in Section above, you agree not to use the Cluj-Napoca.XYZ website to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

13. DMCA notice for US users

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Cluj-Napoca.XYZ website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

  1. Identification of the copyrighted work or works claimed to have been infringed.
  2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  3. Your contact information including name a address, telephone number, and, if available, an email address.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Your physical or electronic signature.

Cluj-Napoca.XYZ’s designated copyright agent to receive notifications of claimed infringement is: dmca@cluj-napoca.xyz. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

14. Additional disclaimers

Visitors to the Cluj-Napoca.XYZ website agree that their use of the Cluj-Napoca.XYZ website is at their own sole risk. The Cluj-Napoca.XYZ website is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Cluj-Napoca.XYZ website and any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.

Cluj-Napoca.XYZ also makes no representations and warranties as to any linked sites and Cluj-Napoca.XYZ has no liability or responsibility with respect to your use of such sites.

In some instances, content made available on the Cluj-Napoca.XYZ website may represent the opinions and judgments of providers or users, such as user content. Cluj-Napoca.XYZ and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Cluj-Napoca.XYZ website by anyone other than authorised Cluj-Napoca.XYZ employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Cluj-Napoca.XYZ website, including, without limitation, those damages or injuries occurring as a result of any error, omission, deletion, or defect in the content available on the Cluj-Napoca.XYZ website or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Cluj-Napoca.XYZ does not warrant or guarantee that access to the Cluj-Napoca.XYZ website will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

15. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL CLUJ-NAPOCA.XYZ OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE CLUJ-NAPOCA.XYZ SITE, INCLUDING (WITHOUT LIMITATION):

  1. DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS.
  2. ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS.
  3. ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE CLUJ-NAPOCA.XYZ SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF CLUJ-NAPOCA.XYZ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, CLUJ-NAPOCA.XYZ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMISING CLUJ-NAPOCA.XYZ’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

16. Exclusion of warranties (for Australian users)

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by Cluj-Napoca.XYZ of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 14 and 15 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would contravene the relevant statute or cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cluj-Napoca.XYZ are expressly excluded under these terms and conditions.

17. Non-Excludable Obligations (for Australian users)

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), Cluj-Napoca.XYZ’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to, in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again and, in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

18. Purchases and Refunds

We also sale a number of different products and services through our website. Depending on the purchase you make and the service or product you are obtaining, the terms can vary. Below you can find a summary of our Terms and Conditions for payments and refunds, organised by product or service type:

Event Tickets

All purchases for event tickets will involve 2 parties. Cluj-Napoca.XYZ and the organiser(s). For this reason, the refund policy regarding ticket sales can vary and is divided into 2 types. Non-Refundable tickets and Standard Tickets.

Non-Refundable tickets

The ticket will be labelled as Non-Refundable during the purchase and checkout process. Upon completing the purchase process for the ticket, no refund for the ticket can be made under any circumstances, except those of force majeure.

Standard Tickets

The term “Standard Ticket” outlines any ticket sales which are not labelled as “Non-Refundable”. During the purchase and checkout process, standard tickets do not necessarily have a fixed name (Ex. VIP Ticket, Front Row, 4 Day Pass), but will be subject to the following conditions:

Ticket sales are individualised and considered final and are not transferrable. The event organiser(s) retain the right to refuse entry to any person(s) who are in possession of a ticket belonging to another individual. During the checkout process, it’s important to ensure you include the correct attendee’s name on the ticket, as this will be used to verify your entry.

Cluj-Napoca.XYZ does not enforce the verification of tickets, other than providing the ticket “as-purchased” to the individual(s). It’s at the event organiser(s) discretion to allow entry to their venue, under their own terms and conditions.

We encourage all individuals who are purchasing tickets to check the terms and conditions outlined by the organiser before completing their purchases.

If a refund is requested, it will be subject to the following refund policy.

Event Ticket Refund Policy

Non-Refundable ticket sales are final and no refund will be offered unless under circumstances of Force Majeure. A definition of Force Majeure can be found below.

Standard tickets are refundable, depending on their proximity to the event’s start date.

7 days before event start Full Refund
6-4 days before event start Full / Partial Refund (subject to organiser’s terms)
72 hours before event start Non-Refundable, unless under circumstances of Force Majeure
 Up to 5 days after event start Non-Refundable, unless under circumstances of Force Majeure

 

 

 

 

 

 

Requesting Event Ticket Refunds

Requests for refunds need to be made as soon as the attendee is aware that they will not be able to attend. Failure to request a refund within a timely period may result in no refund being issued.

Products and Merchandising

According to art. 9 of the Emergency Ordinance no. 34 of 2014 (art. 9 din Ordonanța de Urgență nr. 34 din 2014), you have 14 days from receiving the product to exercise your right of withdrawal, ie return the product without justifying your decision.

In addition to the above, we provide an additional 14 days (total 28 days) from purchase in which you can return the product and request a refund, subject to the below terms:

Receipt / Invoice

In order to make the return, it is necessary to present the tax receipt or the invoice on which the product to be returned is registered.

To complete the return, it is necessary to provide the identification data (name, surname, home address) according to art. 319 of the Fiscal Code (art. 319 din Codul Fiscal), and the signing of the payment order.

Situations under which returns are accepted

If the products you bought are not the correct size or colour or you find that they are not suitable for the purpose you purchased, Cluj-Napoca.XYZ  offers the possibility of returning them for the purpose of changing or reimbursing their current value.

IMPORTANT: Products must be new (not used) and return shipping fees are covered at your own expense.

Analysis of Returns

Cluj-Napoca.XYZ reserves the right to review and decide whether or not to grant the return for each request.

Requesting a Refund

If you would like to return the product and receive the equivalent, please fill in our RETURN REQUEST FORM, or send your request to our email address returns@cluj-napoca.xyz, along with the following information: first and last name, order number, IBAN, bank account holder name, bank name, bank address.

If you want to change the product to another or for warranty issues, please fill out the RETURN REQUEST FORM or send us your request at the address returns@cluj-napoca.xyz, along with the following information: name and surname, order number, phone number.

Returning products will be at your expense via the courier designated by Cluj-Napoca.XYZ.

Products for which we do not accept return / refund requests.

We do not accept the return of the following products: perishable products (Ex. food / drinks etc.)

Job Board Purchases

Cluj-Napoca.XYZ Jobs Terms and Conditions and refund policy links can be found during any check-out process. You can see these links prior to finalising any orders or purchases.

We apologise for any inconvenience but we do not provide refunds on any fees or charges, including partially used periods and bank/merchant fees.

Under the laws applicable in your jurisdiction, however, you may qualify for a refund. For example, if you are using our services for yourself (instead of on behalf of a business).

Force Majeure

The definition of Force Majeure is an event beyond the control of any participating parties which prevent a party from complying with any of it’s obligations, including but not limited to:

  • act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
  • war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
  • rebellion, revolution, insurrection, or military or usurped power, or civil war;
  • contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  • riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or
  • acts or threats of terrorism.