Soundstage.fm and related web, mobile and other software programs and applications (collectively the “Site”), is owned by Vexigen, SL, a Spanish sociedad de responsabilidad limitada (“SoundStage,” “Company,” “we,” or “us”). In order to use the Site or any Services (as defined below) offered, you must agree to be bound by the most recent version of the Terms of Service available on Soundstage.fm (the “Terms”). If you do not agree to the Terms, you cannot use SoundStage or any Services offered. We may change these Terms at any time. The Company will alert you to an update in the Terms by posting notice of the update on Soundstage.fm for a reasonable period of time.
1. Using SoundStage Services
- a. SoundStage, through the Site, provides a web and app-based Service (“Service(s)”), which provides Users (as defined below) with a platform which connects Users with musical artists, wherein Users can purchase access to live or pre-recorded “digital” musical performances by such artists, to be streamed over the internet, right in the Users’ home or in favorite party venue.
- b. We have created community guidelines in order to make the Site safe and enjoyable for all users. By using this Service, you agree to the following rules:
- In order to use the Services, you must be at least 18 years of age or, if you are under the age of 18, but above the age of 13, you may use the Services only with the consent and supervision of a parent or legal guardian.
- You are not permitted to use the Services if: (a) You cannot enter into a binding contract with SoundStage; (b) You are located in a country embargoed by the EU or the United States, or if you are on an EU or U.S. Agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (c) You have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.
- You may be required to create an Account (as defined below), and select a password and user name.
- You will follow any and all applicable laws, rules, and regulations when using the Services offered by SoundStage.
- You hereby represent and warrant that any and all information that you provide to SoundStage is accurate, complete, and truthful.
- You will not use the Services to stalk, defame, harass, or interfere with any other person.
- You will not use the Services in any way that may be illegal or contrary to any law.
- You will not index, crawl, decompile, scrape, or reverse engineer any part of the web, mobile application or any other platform or Service offered by SoundStage.
- You will not interfere with, attempt to interfere with, or assist anyone else in interfering with or disrupting SoundStage's security or network.
- c. We can terminate or restrict your use of the Service at any time and for any reason. If you create an Account with SoundStage, we may block your Account at any time.
- d. We reserve the right to discontinue or modify SoundStage or the Services offered at any time and for any reason, with or without notice.
2. Your Account
- a. For the purpose of these Terms of Service, any person visiting the Site or accessing the Services shall be deemed a “User”.
- c. You will be required to create a username and password, which will help to protect your Account from any unauthorized access. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. It is your sole responsibility to guard and protect this login information. We are not responsible for any activities or damages resulting from any unauthorized use of your Account. If you change your email address or no longer have access to the email you used to register, you must update your information. We reserve the right to reject or block any username which could be deemed to be offensive, an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity. To use the Service, you cannot be a person barred from receiving the Service under the laws of Spain, the United States, the EU, or other applicable jurisdictions, including the country in which you reside or from where you use the Service. The security and confidentiality of your Account are solely your responsibility and you agree to immediately notify us of any security breach of your Account. SoundStage, its officers, affiliates, employees, or vendors shall not be responsible for any losses arising out of the unauthorized use of your Account.
3. User Information
- b. You or we may update, delete, or modify your Information at any time. It is your responsibility to ensure that you keep your User Information up-to-date in our system. In order to update your Information in the event of any changes, please email your request to: firstname.lastname@example.org.
- c. Users may choose from one of the following Account types when creating a new Account, and will be granted the following uploading/accessibility to the Site upon enrolling:
- User Packages:
- General User: This type of Account is for those Users seeking to purchase a musical performance from the artists available through the Site, and will grant the User access to the listings and booking dates of available Artists for live stream musical performances.
- Artist: This type of Account is for musical artists who are interested in being featured on the Site, who wish to seek bookings for live stream performances through our platform. This type of Account may require an additional application and a review period prior to approval, and the approval of such Accounts may be subject to the execution of an Artist Agreement, hereby incorporated through reference, which shall be entered into by and between SoundStage and the Artist.
4. Third-Party Interactions
- a. The Site and Services made available thereon may include links to third-party services and/or third-party services may be made available to you via the Service. These services are subject to the respective third-party terms and conditions and constitute an agreement between you and the applicable third-party service provider.
- b. Third-party content and links are provided as a convenience to you. You agree that SoundStage is not responsible for examining or evaluating the content or accuracy and SoundStage does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that SoundStage is not in any way responsible for any such use by you.
- c. SoundStage has no control over how third parties operate their platforms, including the pricing, payment and billing policies applicable purchases, and therefore SoundStage shall not be liable for any expense, damages, costs, or losses incurred through the use of such Third-Party content.
- a. In order to use the Services offered through the Site, Users seeking to view any performances of Artists, may be required to pay a fee for access to the viewing of such performances. The Company may from time to time, offer different pricing and subscription structures, however, the option to do so shall be within Company’s sole discretion and may be removed from the Site at any time. The descriptions of the live stream events and the artists available for performances, along with the costs of each performance shall be detailed on the respective artists profile page of the Site. The costs of these performances and the access/amenities provided with each are subject to change at any time at the Company’s discretion. Any updates or changes in pricing will be posted on the respective artists profile page of the Site. In order to make said payments required for the events and Services offered through the Site, you may be asked to input personal and/or business banking information, including but not limited to, credit card information, billing addresses, bank account information, or account information for other payment Services offered, such as PayPal or other similar payment methods made available at that time. The Company hereby reserves the right to add, retract, change, or discontinue the allowance of the use of any particular payment method offered on the Site, in Company’s sole discretion. Any payments made on the Site shall be immediately converted into SoundStage Credits, for use by User, as further detailed below. The two primary methods in which Users will be permitted to purchase access to such performances shall be as follows, and the availability of each method shall be detailed in the description of each artist/performance listed:
- b. Event Registration
- In this type of registration, Users seeking to purchase access to view a particular performance by an artist of their choice may be required to purchase tickets through a general ticket sale, and such purchases may be required to be made by a specific date leading up to the show. In some instances, the price of the tickets will be pre-determined, whereas in other cases, the price may be set by the artist, and vary as the time gets closer to the cut-off date for purchases. Certain artists may offer performances which may be available to be booked and paid for by a sole purchaser (in the case of a party or special event).
- Through this type of registration, the fees paid by the Users for access purchased to such events shall be deemed to be earned immediately upon receipt, and shall be considered non-refundable, unless the artist fails to perform on the announced date and time, in which case refunds may be issued in SoundStage’s sole discretion.
- c. Stream Rallies
- In this type of registration, Users seeking to purchase access to view a particular performance by an artist, will be contributing funds through SoundStage during the funding period, until a pre-determined amount or funding goal is reached. This funding goal shall represent the amount required by the Artist for the performance to take place. Users will be able to view and monitor the progress of the contributions made towards the funding goal.
- If the funding goal is reached by the end of the funding period, then the performance will take place. In the event that the funding goal is not reached in time, the performance will be cancelled, and SoundStage will refund the amounts paid back to each User, pursuant to the refund stipulations below, and the funding pot and the funding period will start over from zero dollars.
- d. Fees
- In most cases of performances booked through SoundStage using the methods detailed above, SoundStage will receive payments by each User, and such payment shall be transferred to the performing artist, minus a pre-determined fee to be paid to SoundStage. In certain instances, SoundStage may elect to forgo such fees, or may direct that such fees be paid instead to a charity or cause rather than directly to SoundStage, and such determinations shall be made in SoundStage’s sole discretion.
- e. SoundStage Credits
- Any and all payments made by Users on the Site, whether such payment is made via credit card, PayPal, or through any other medium then accepted on the Site, shall be immediately converted into “SoundStage Credits,” which can then be “spent” by said User on the Site. All such SoundStage Credits shall be stored in the User’s digital wallet, which will be integrated with their SoundStage Account. Upon logging into the User’s Account, the User will be able to view and track the amount of SoundStage Credits they currently have in their digital wallet. Pricing for the purchase of access to any event listed on the website, shall be displayed in the number of SoundStage Credits necessary to reach, rather than USD, and every individual SoundStage Credit shall have a value equivalent of $1.00 USD, with a ratio of 1:1. In the event that any refunds are issued by SoundStage, such refunds shall be returned to the User’s digital wallet in their Account in the form of SoundStage Credits, and will not be refunded back to the card or other payment medium used to make they initial payment.
- User expressly acknowledges and agrees that the use of the SoundStage digital wallet is at User’s sole risk. To the extent permitted by applicable law, the ability to use User’s SoundStage digital wallet is provided to User "as is" and "as available,” with all defects that may exist from time to time and without warranty of any kind, and SoundStage, on behalf of itself and its affiliates, hereby disclaims all warranties and conditions with respect to the digital wallet, whether express, implied or statutory, including, but not limited to, the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. SoundStage, on behalf of itself and its suppliers, also does not warrant against interference with User’s enjoyment of the digital wallet, or that the functions contained in the digital wallet will meet User’s requirements, that the operation or availability of the digital wallet will be uninterrupted or error-free, or that defects in the digital wallet will be corrected. No oral or written information or advice given by SoundStage, any of its authorized representatives or any third-party shall create any warranty to User.
- f. Gratuities For Artists
- While participating in certain events, and for a designated period of time after the event, where such designated period of time may be subject to change at any time within SoundStage’s sole discretion, Users may be permitted to provide tips/gratuities directly to the artists who are performing or who have performed in the particular event. Such tips/gratuities can be made via a designated button or link which may be made available on the interface of the platform where the performance is being viewed, and may additionally be provided to each viewer via email to the address under which said User has registered with SoundStage. Any and all tips/gratuities made by Users through this feature shall be final and non-refundable.
6. License and Rights
- a. Artists
- Upon electing to offer viewing privileges to any livestream performance through the Site, or the uploading of any performance through the Site, the Artist making such an election thereby expressly consents and agrees to provide SoundStage with a limited license as provided for in a separate Artist Agreement by and between the Artist and Soundstage.
- b. General Users
- Upon electing to view any performance content by an artist offered through the SoundStage platform, General Users will be provided with a strictly limited and temporary sub-license in the performance content by SoundStage, which shall be limited to personal use. In doing so, General Users thereby expressly agree that the viewing of such content shall be strictly for personal use only, and that the General Users are strictly prohibited from attempting to record, copy, duplicate, replicate, mirror, monetize, publicize or otherwise commercialize the viewing of such performance content. General Users shall be strictly prohibited from sharing, posting, or otherwise streaming such content on any social media platform, or through any other medium. In the event of a live stream performance, said limited sublicense granted in the General User shall be immediately revoked in full, upon completion of the performance. In the case of a pre-recorded performance, the limited sublicense granted in the General User shall remain in effect only for the permitted period of time in which access to such content has been granted to the User, as specified in the purchase details of the respective performance.
7. Security and Safety
- a. In the event that you believe that another user of our Services is violating these Terms or creating on unsafe or unwelcome environment on SoundStage, please let us know immediately. You can contact us by email at email@example.com, or directly on Soundstage.fm through the platform.
- b. You shall at all times implement and maintain reasonable technical and physical security measures sufficient to protect the shared/streamed content against any and all unauthorized or unlawful processing, disclosure, use, accidental loss, destruction or damage. Such measures shall include, by way of example and not limitation, firewalls, intrusion detection systems, and other appropriate physical and electronic security mechanisms, including current revisions of all software releases and all software security patches.
8. Intellectual Property & DMCA Safe Harbor Compliance
- a. All materials available through SoundStage, including (but not limited to) the name SoundStage and our logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other rights which are owned by or licensed to us or the respective third-party owner of such intellectual property. You agree not to copy, reproduce, duplicate, display, or otherwise distribute these materials without our written permission.
- b. You are responsible for videos, photos, audio, text, graphics, or other data you transmit through the Service and you agree to comply with all applicable laws, rules and regulations regarding the use of intellectual property. You agree that your use of the Service, including content you post, will not infringe the rights of any third party. We reserve the right to block or terminate your Account, at our sole discretion and without notice or liability to you, if you transmit any content alleged to infringe on the intellectual property rights of a third party.
- c. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please requirements to SoundStage’s Copyright Agent as required by the Digital Millennium Copyright Act (“DMCA”):
- Information reasonably sufficient for SoundStage to contact you: name, address, phone and e-mail address (if available).
- A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works.
- Information reasonably sufficient to permit SoundStage to locate your work on the Site.
- A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf.
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- d. Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to SoundStage by mail, fax or email as set forth below:
SoundStage Copyright Agent
Can Bruixa 26, Ent 1ero, Barcelona, 08014, Spain
9. LIMITATION OF LIABILITY AND DAMAGES
- a. NO WARRANTIES. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. COMPANY MAKES NO WARRANTIES AS TO THE ACCURACY OF ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE.
- b. LIMITATION OF DAMAGES. UNDER NO CIRCUMSTANCE WILL THE COMPANY BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR USE OF THE SITE OR SERVICES, OR THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM.
- a. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Affiliates”), from and against all claims, demands, suits, and liabilities by any third party or other User arising out of or relating to (i) your access to or use of the Site, (ii) your interaction with any third-parties or third-party websites, through the use of the Services (iii), your violation of these Terms, (iv) any transactions between you and any other User or third-party, or (v) the infringement by you, or any third-party using your Account, of any content, intellectual property or other right of any other person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
11. Additional Terms
- a. The construction, validity, and performance of any and all contracts executed, or Services provided in accordance herewith, shall be governed by the Laws of the State of Delaware, and in the event that any dispute or claim arising therefrom cannot be resolved without intervention of the courts, such claim or dispute shall be subject to the exclusive jurisdiction of the state or federal courts of Delaware.
- b. SoundStage uses or may use certain features of the device on which you access the Services from. You agree that SoundStage may access these features, and further agree that you may be charged by your phone, Internet, or data provider for the use of these Services. You hereby acknowledge and understand that you will be fully responsible for any charges incurred through your use of the SoundStage Services.
- d. If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent legally permissible.
- e. The delay or failure of either party hereunder to exercise or enforce any right or provision of these Terms, shall in no way constitute a waiver of such rights.
- f. Through your use of the Service, you also hereby expressly consent and agree to receive electronic communications from us.
- g. If you do not understand any of the Terms listed above, or if you have any questions or comments about such Terms, we encourage you to please contact us via email at: firstname.lastname@example.org.
12. Notice To California Residents
- a. Under California Civil Codes, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Services or to receive further information regarding use of the Services, including to cancel your Services, please email us at email@example.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.