Condizioni di Utilizzo
 

Condizioni di Utilizzo

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND ORGANIZER OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

This Agreement was written in English. To the extent any translated versions of this agreement conflict with the English version, the English version controls.

Last updated: September 28th 2014

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs Stagend SA's relationship with users and others who interact with Stagend.com and impose legal obligations on both you and Stagend.com. By using or accessing Stagend.com, you acknowledge that you have read, understood and agree the Terms and Conditions.

Stagend provides an online platform that connects artists with event organizer seeking to organize music entertainment (collectively, the "Services"), which Services are accessible at www.stagend.com and any other websites through which Stagend makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of and Conditions ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Stagend. Please also read carefully our Privacy Policy at http://www.stagend.com/info/privacypolicy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ARTISTS (DEFINED BELOW) CREATE LISTINGS (DEFINED BELOW) FOR ENTERTAINMENT (DEFINED BELOW) AND ORGANIZER (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ENTERTAINMENT DIRECTLY WITH THE ARTISTS. YOU UNDERSTAND AND AGREE THAT STAGEND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ARTISTS AND ORGANIZER, NOR IS STAGEND A REAL ARTIST BROKER, AGENT OR INSURER. STAGEND HAS NO CONTROL OVER THE CONDUCT OF ARTISTS, ORGANIZERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ENTERTAINMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms

"Stagend Content" means all Content that Stagend makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Organizer (as determined by Stagend in its sole discretion), within which an Artist may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Stagend Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Organizer" means a Member who requests from an Artist a booking of an Entertainment via the Site, Application or Services, or a Member who has booked an Artist.
"Artist" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Artist Page that is listed by an Artist as available for hiring via the Site, Application, and Services.
"Member" means a person who completes Stagend's account registration process, including but not limited to Artists and Organizers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), fees (such as convention center fees) that entertainment providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of Artists ("Entertainment"). Such Entertainment are included in Listings on the Site, Application and Services by Artists. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Entertainment or create a Listing, you must first register to create an Stagend Account (defined below).

As stated above, Stagend makes available an online platform or marketplace with related technology for Organizers and Artists to meet online and arrange for bookings of Entertainment directly with each other. Stagend does not own, sell, resell, furnish, provide, hire, re-hire, manage and/or control Artists. Unless explicitly specified otherwise in the Stagend platform, Stagend's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Artists for the purpose of accepting payments from Organizers on behalf of the Artists.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE ARTISTS AND ORGANIZERS CONNECTING AND BOOKING ENTERTAINMENT DIRECTLY WITH EACH OTHER. STAGEND CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ENTERTAINMENT. STAGEND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ENTERTAINMENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE ORGANIZER'S OWN RISK.

1. Registration and Account Security

In order to access certain features of the Site and Application, and to book an Entertainment or create a Listing, you must register to create an account ("Stagend Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Stagend Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Stagend through the Site, Services or Application; or (ii) allowing Stagend to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Stagend and/or grant Stagend access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Stagend to pay any fees or making Stagend subject to any usage limitations imposed by such third-party service providers. By granting Stagend access to any Third-Party Accounts, you understand that Stagend will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Stagend Account and Stagend Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Stagend Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Stagend's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Stagend Account and your Third-Party Accounts, at any time, by writing us an email. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Stagend makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Stagend is not responsible for any SNS Content.

We will create your Stagend Account and your Stagend Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Stagend Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Stagend reserves the right to suspend or terminate your Stagend Account and your access to the Site, Application and Services if you create more than one (1) Stagend Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Stagend Account, whether or not you have authorized such activities or actions. You will immediately notify Stagend of any unauthorized use of your Stagend Account.

Stagend.com users provide real names. Here are the following commitments you make to us when registering and maintaining the security of your account:

  • a) Stagend.com is only available to you if you are over 18 years old.
  • b) If we disable your Stagend Account, you will not create another one without our permission.
  • c) You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • d) You will not use your Stagend Account to advertise your own business.
  • e) You will not use Stagend.com if you are a convicted sex offender.
  • f) You will not transfer your Stagend account (including any page you administer) to anyone without first getting our written permission.
  • g) If you select a username for your Stagend account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
2. Sharing Your Content and Information

You own all of the content and information you post on Stagend.com, and you can control how it is shared through your privacy settings. In addition:

  • a) You grant Stagend.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your name and logo and use your content like photos and videos ("IP content"), for purposes of providing our Services, promoting you through our channels and promoting our Website. No compensation will be paid with respect to our use of your content under this grant.
  • b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • c) When you publish content or information on your Account, it means that you are allowing everyone, including people off of Stagend.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  • d) We appreciate your feedback or other suggestions about Stagend.com. You understand that we may use them without any obligation to compensate you for them. The founders of Stagend.com reserve anyway the right to award ideas you might want to bring, if perceived to be really valuable by the founders themselves to the improvement of Stagend.com services.
3. Safety

We do our best to keep Stagend.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  • a) You will not send or otherwise post unauthorized commercial communications (such as spam) on Stagend.com.
  • b) You will not collect users' content or information, or otherwise access Stagend.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  • c) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Stagend.com.
  • d) You will not upload viruses or other malicious code.
  • e) You will not solicit login information or access an account belonging to someone else.
  • f) You will not bully, intimidate, or harass any user.
  • g) You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • h) You will not show in your account any picture, videos or word containing alcohol-related or other mature content (including advertisements).
  • i) You will not offer any contest, giveaway, or sweepstakes ("promotion") on Stagend.com.
  • j) You will not use Stagend.com to do anything unlawful, misleading, malicious, or discriminatory.
  • k) You will not do anything that could disable, overburden, or impair the proper working of Stagend.com, such as a denial of service attack.
  • l) You will not facilitate or encourage any violations of this Statement.
  • m) The founders of Stagend.com reserve the right to cancel any content that seems not appropriate or that violate the here above statements, and might block or ban its author off the Stagend.com platform;
  • n) contact an Artist for any purpose other than asking a question related to a booking, such Artist's Entertainments or Listings;
  • o) contact a Organizer for any purpose other than asking a question related to a booking or such Organizer's use of the Site, Application and Services;
  • p) recruit or otherwise solicit any Artist or other Member to join third-party services or websites that are competitive to Stagend, without Stagend's prior written approval;
  • q) use the Site, Application, Services or Collective Content to find an Artist or Organizer and then complete a booking of an Entertainment independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Stagend's provision of the Services or for any other reasons;
  • r) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • s) systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • t) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Stagend or any of Stagend's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; or
  • u) advocate, encourage, or assist any third party in doing any of the foregoing.

Stagend has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Stagend may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Stagend or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Stagend , its users, or members of the public . You acknowledge that Stagend has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Stagend reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Stagend, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

We respect other people's rights, and expect you to do the same.

  • a) You will not post content or take any action on Stagend.com that infringes or violates someone else's rights or otherwise violates any laws in Switzerland or laws in your country.
  • b) We can remove any content or information you post on Stagend.com if we believe that it violates this Statement.
  • c) You will contact us in case of intellectual property rights Infringement.
  • d) We can in any moment remove your content if we believe that this is infringing someone else's copyright.
  • e) If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • f) You will not use our copyrights or trademarks (including Stagend.com and picks Logos), or any confusingly similar marks, without our written permission.
  • g) If you collect information from users, you will: obtain their consent, make it clear you (and not Stagend.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • h) You will not post anyone's identification documents or sensitive financial information on Stagend.com.
  • i) You will not send email invitations to non-users without their consent.
5. Special Provisions Applicable to Pages

If you create or administer a Page on Stagend.com, you agree to the next points:

  • a) Free pages are special profiles that may only be used to promote music artists or a Organizer.
  • b) You may only administer a Stagend.com Page ("Artist", or "Organizer") if you represent and can prove that you have authority to act on behalf of the subject of the Page.
  • c) If any "artist" includes registered members under the age of Majority, we assume that you have parental consent to participate in our Services and use Stagend.com.
  • d) Pages can only post public content and information, except the phone number and email that are private.
  • e) When you publish content or information to your Page we have no obligation to distribute your content or information to users.
  • f) Always keep a copy of the content (pictures, documents,...) that you upload to your page, because we cannot assure that your content will be always available.
  • g) You cannot display any content on your Page that is third party's advertising or could be construed and interpreted as such.
  • h) You may not establish terms beyond those set forth in this Statement to govern the posting of content by users on a Page you administer.
  • i) You will restrict access to your Page in order to comply with all applicable laws.
  • j) Our Content Support Team can improve your page (by adding videos, pictures, description, translations, and all available field on artist page) without your permission, for the benefit of your Page appeal.
6. Booking tool

The "booking tool" is the ensemble of tools that Stagend.com provides to "Artist", or "Organizer" with regards to organizing concerts.

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Artist to be listed, including, but not limited to, live video, picture, description, setlist, email address, availability. In order to be featured in Listings via the Site, Application and Services, all Artist Page must have valid email address. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Entertainment via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Organizer requests a booking of your Entertainment, you may not request the Organizer to pay a higher price than in the booking request.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Organizer's book at, an Entertainment in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as Booking Agency, Agent, Managers or other similar agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Entertainment included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Stagend assumes no responsibility for an Artist's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Stagend reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Stagend, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.

If you are an Artist, you understand and agree that Stagend does not act as an insurer or as your contracting agent. If a Organizer requests a booking of your Entertainment and book your Entertainment, any agreement you enter into with such Organizer is between you and the Organizer and Stagend is not a party thereto. Notwithstanding the foregoing, Stagend serves as the limited authorized payment collection agent of the Artist for the purpose of accepting, on behalf of the Artist, payments from Organizers of such amounts stipulated by the Artist (including other fees and/or Taxes).

If you are an Artist, Stagend makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Entertainment. You acknowledge and agree that, as an Artist, you are responsible for your own acts and omissions.

Stagend recommends that Artists obtain appropriate insurance for their Entertainments. Please review any insurance policy that you may have for your Entertainment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Organizers (and the people invited to the Entertainment event, if applicable) while at your Entertainment.

Stagend may offer Artists the option of having photographers take photographs of their Entertainments. If you as an Artist choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Stagend.com Verified Photo" or similar wording ("Verified Images"). All images, materials and content created by these photographers provided by Stagend, including Verified Images, constitute Stagend Content, regardless of whether you include them in your Listing.

Other important points:

  • a) Stagend.com does not finance the "slot" fees.
  • b) You understand that by applying to a slot in Stagend.com you have no guarantee that the Organizer will choose you.
  • c) You understand that the free page have 10 trial credits to check the tool. After using them, you may decide to not upgrading your profile or upgrading your account to a premium account.
  • d) If a Organizer does not find an Artist responding to its needs, it has the right to withdraw the booking offer without selecting any applicant. Shall this be the case, you will be given back the credits used to apply to that offer.
  • e) You understand that Organizer pages accept Voluntary Applications by default. If a Organizer denies voluntary applications a second time, your credit will be refunded.

Organizer

  • f) As a Organizer, you insert only correct booking offer information.
  • g) If you publish a "slot" on Stagend.com, you shall close that booking through the platform. You can't book other artists for the same "slot" using other channels (such as other media tools or personal contacts) before having properly closed the slot on Stagend.com.
  • h) In the case of any dissatisfaction (less than 10 artist applications and no artist that suits your requirements), you must inform Stagend.com immediately, by writing an email to support@stagend.com, and if Stagend.com agrees, the booking offer can be canceled.
  • i) Stagend.com and you as a "Organizer" have exclusive rights to offer the "slots" via our own channels (website, facebook page, etc).
  • j) You as a "Organizer" have full freedom and control over the final selection of the artist among those who have applied for the "Slots", but must comply with point 6.i.
  • k) You as a "Organizer" understand that Stagend.com does not finance the "slots" fees and has no responsibility about the authenticity of the information provided by the artists.
  • l) You as a "Organizer" understand that you are able to receive voluntary applications by default and you understand that you can disable this feature at any time in your settings.
  • m) You as a "Organizer" commit to respecting the terms of this agreement and will not to do anything that can harm the success of your "slots" (e.g.: cancelling the "Slots" with no objective reasons). Should this happen Stagend.com might take action to ban you from Stagend.com
  • n) You as a "Organizer" accept to receive email notifications about the summary of voluntary applications. You understand that at any time you can disable this notification in your settings.
  • o) Stagend.com can use the name of the Organizer or its entity for promotion purposes (e.g.: as testimonial) linked to the "slots", through Stagend's own channels and elsewhere (e.g.: online and offline advertising).

No Endorsement

Stagend does not endorse any Member or any Entertainment. You understand that Verified Images are intended only to indicate a photographic representation of the Entertainment at the time the photograph was taken. Verified Images are therefore not an endorsement by Stagend of any Member or any Entertainment. Members are required by these Terms to provide accurate information, and although Stagend may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Stagend about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book an Artist or to accept a booking request from a Organizer, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Stagend with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Artist against Stagend regarding the remittance of payments received from a Organizer by Stagend on behalf of an Artist, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

Bookings and Financial Terms

Key Definitions

"Entertainment Fees" means the amounts that are due and payable by a Organizer in exchange for the Entertainment. The Artist alone, and not Stagend, determines these amounts. The Artist may in his or her sole discretion decide to include in these amounts Taxes that the Artist determines that he or she has to collect.
"Organizer Fees" means the fee that Stagend charges a Organizer for the use of its online platform, which is calculated as a percentage of the applicable Entertainment Fees. The Organizer Fees is included in the amount displayed to the Organizer in the discussion page, and will be displayed in the final invoice.
"Artist Fees" means the fee that Stagend charges an Artist for the payout, which is a fixed amount as reported in the pricing table.
"Service Fees" means collectively the Organizer Fees and the Artist Fees
"Total Fees" means collectively the Entertainment Fees and the Organizer Fees (plus any Taxes in respect of Organizer Fees, such as VAT in Europe).

Bookings and Financial Terms for Artists

If you are an Artist and a booking is requested for your Entertainment via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you the first name of the Organizer who has requested the booking. If after a booking confirmation you are unable to perform, any amounts collected by Stagend for the requested booking will be refunded to the applicable Organizer’s account. When you confirm a booking requested by a Organizer, Stagend will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Stagend will collect the Total Fees at the time of booking confirmation (when both the Artist and Organizer confirm the booking) and will initiate payment of the Entertainment Fees (less Stagend’s Artist Fees and any Taxes in respect of the Artist Fees, such as VAT in Europe) to the Artist within 24 hours after the event. (except to the extent that a refund is due to the Organizer). The time it takes for the Artist to receive payouts may depend upon the method for receiving payouts chosen by the Artist. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Artist, including by deducting their charges from the payout amount.

Appointment of Stagend as Limited Payment Collection Agent for Artist

Each Artist hereby appoints Stagend as the Artist’s limited payment collection agent solely for the purpose of accepting the Entertainment Fees from Organizers.
Each Artist agrees that payment made by a Organizer through Stagend, shall be considered the same as a payment made directly to the Artist, and the Artist will make the Entertainment available to the Organizer in the agreed-upon manner as if the Artist has received the Entertainment Fees. Each Artist agrees that Stagend may, in accordance with the cancellation policy selected by the Artist and reflected in the relevant conversation page, (i) permit the Organizer to cancel the booking and (ii) refund (via Stagend) to the Organizer that portion of the Entertainment Fees specified in the applicable cancellation policy. Each Artist understands that Stagend accepts payments from Organizers as the Artist’s limited payment collection agent and that Stagend’s obligation to pay the Artist is subject to and conditional upon successful receipt of the associated payments from Organizers. Stagend does not guarantee payments to Artists for amounts that have not been successfully received by Stagend from Organizers. In accepting appointment as the limited authorized agent of the Artist, Stagend assumes no liability for any acts or omissions of the Artist.

Bookings and Financial Terms for Organizers

The Artists, not Stagend, are solely responsible for honoring any confirmed bookings and making available any Entertainments reserved through the Site, Application and Services.

If you, as a Organizer, choose to enter into a transaction with an Artist for the booking of an Entertainment, you agree and understand that you will be required to enter into an agreement with the Artist and you agree to accept any terms, conditions, rules and restrictions associated with such Entertainment imposed by the Artist. You acknowledge and agree that you, and not Stagend, will be responsible for performing the obligations of any such agreements, that Stagend is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Stagend disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Stagend is not a party to the agreement between you and the Artist, Stagend acts as the Artist’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Artist. Upon your payment of the Total Fees to Stagend, your payment obligation to the Artist for the Entertainment Fees is extinguished, and Stagend is responsible for remitting the Entertainment Fees (less the Artist Fees and any Taxes in respect of the Artist Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Stagend does not remit any such amounts as described in these Terms, such Artist will have recourse only against such Stagend entity.

The Total Fees payable will be always displayed to a Organizer during all conversations with Artist. As noted above, the Artist is required to reply to the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a confirmed booking is cancelled by artist, any amounts collected by Stagend will be refunded to such Organizer, depending on the selections the Organizer makes via the Site and Application.

You as a Organizer agree to pay Stagend for the Total Fees for any confirmed booking in connection with your Stagend Account if such requested bookings are confirmed by the applicable Artist. Stagend will collect the Total Fees in accordance with these Terms and the pricing terms set forth during your negotiation.. Please note that Stagend cannot control any fees that may be charged to a Organizer by his or her bank related to Stagend’s collection of the Total Fees, and Stagend disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information to a third-party payment processor(s) (At the moment, we are using Postfinance). You agree to pay Stagend for any confirmed bookings made in connection with your Stagend Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by Postfinance or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, indirectly via a third-party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to Stagend’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Service Fees

In consideration for the use of Stagend’s online marketplace and platform, Stagend charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Artist Fees and Organizer Fees. Stagend deducts the Artist Fees from the Entertainment Fees before remitting the balance to the Artist as described in these Terms. Organizer Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Stagend to Artists via PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Artist's currency of choice, depending upon the selections the Artist makes via the Site, Application and Services. Amounts may be rounded up or down.

Please note that Stagend, may impose or deduct foreign currency processing costs on or from any payments or payouts by Stagend in currencies other than Swiss Francs (CHF) or Euro (EUR). More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at http://www.stagend.com/help/FAQs. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds

If, as a Organizer, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the Event date, the cancellation policy of the Artist contained in the applicable Listing will apply to such cancellation. Our ability to refund the Entertainment Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Organizer Fee is non-refundable regardless of the cancellation policy selected by the Artist.

If an Artist cancels a confirmed booking made via the Site, Services, and Application, (i) Stagend will refund the Total Fees for such booking to the applicable Organizer within a commercially reasonable time of the cancellation and (ii) the Organizer will receive an email or other communication from Stagend containing alternative Artists and other related information. If the Organizer requests a booking from one of the alternative Artists and the Artist confirms the Organizer’s requested booking, then the Organizer agrees to pay Stagend the Total Fees relating to the confirmed booking for the Entertainment, in accordance with these Terms. If an Artist cancelled a confirmed booking and you, as a Organizer, have not received an email or other communication from Stagend, please contact Stagend at http://www.stagend.com/help/contact_us

If, as an Artist, you cancel a confirmed booking, Stagend may apply penalties or consequences to youincluding (i) publishing an automated review on your Artist Page indicating that a reservation was cancelled, or (ii) keeping the calendar for your Artist unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts).

Rounding Off

Stagend may, in its sole discretion, round up or round down amounts that are payable from or to Organizers or Artists to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Swiss Francs, euro or other supported currency); for example, Stagend will round up an amount of CHF 101.50 to CHF 102.00, and CHF 101.49 to CHF 101.00.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

You as an Artist understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Stagend cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from an Artist, Stagend may issue a valid VAT invoice to such Artist.

Damage during Entertainments

As a Organizer or as Artist, you are responsible for any acts during the Entertainment.

Foreign Currency

Stagend's online platform facilitates bookings between Organizers and Artists who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. The currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Key definitions

"Booking Currency" means the currency in which a Organizer has to pay for his or her booking. At the time the Organizer submits a booking request, he/she can decide which currency to use. Stagend supports only a certain number of currencies as Booking Currencies: CHF and EUR.
"Payout Currency"means the currency in which an Artist’s payout will be paid to the Artist. The Payout Currency is the same of the booking currency.

Foreign currency conversions on the Stagend platform

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Swiss Francs or Euro. Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Stagend.

7. Contest tool

If you use Stagend.com to administer a "Contest" (such as a contest or sweepstakes):

Organizer

  • a) you are responsible for the lawful operation of that "Contest", including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the "Contest" and all prizes offered in connection with the "Contest" (e.g., registration and obtaining necessary regulatory approvals)
  • b) Please note that compliance with these guidelines does not constitute the lawfulness of a promotion
  • c) Contests are subject to many regulations and if you are not certain that your promotion complies with applicable law, please consult with an expert
  • d) Contests on Stagend.com must be administered with a promotional tool supplied by Stagend.com
  • e) As a "Organizer", you will insert only correct contest information.
  • f) If you publish a "Contest" on Stagend.com, you have to reward only stagend.com users that enter to that "contest" on Stagend.com using the tool until the end of the process. You can't reward other users using other channels (such as other media tools or personal contacts).
  • g) The contest can be canceled only if the associated concert is canceled.
  • h) Both Stagend.com and you as "Organizer" have exclusive rights to promote the contest via our own channels (website, facebook page, etc).
  • i) You as a "Organizer" have full freedom and control over the reward system, but must comply with point 7.f.
  • j) You as a "Organizer" understand that Stagend.com does not finance the "contest" prizes and has no responsibility about the authenticity of the information provided by the FANS.
  • k) You as a "Organizer" commit to respecting the terms of this agreement and will do not going to do anything that could harm the success of your "contest" (e.g.: cancelling the "contest" with no objective reasons, no reward the winners). Should this happen, Stagend.com might take steps to ban the Organizer from Stagend.com listings.
  • l) Stagend.com can use the name of the Organizer or its entity for promotional purposes (e.g.: as testimonial) linked to the "contest", through Stagend's own channels and elsewhere (e.g.: online and offline advertising).

If you use Stagend.com to enter a "Contest" (such as a contest or sweepstakes):

FAN

  • m) your email will remain private
  • n) If you win the "Contest", you will receive an automatic email in copy with the "Contest" administrator.
  • o) The "Contest" administrator and Stagend.com are not responsible for any problems with your entry, including technical failures related to computer, telephone, cable, and unavailable network or server connections, or other failures related to hardware, software or virus, or incomplete, late or misdirected entries
  • p) Acceptance of a prize constitutes the winner's consent to the use of his/her voice, name, biographical information and/or photograph by the "Contest" administrator for promotional or advertising purposes in connection with the Contest
  • q) "Contest" administrator reserves the right to disqualify any person tampering with the operation or conduct of the "Contest", including, without limitation, the entry process or the operation of the web site or otherwise violating these rules
  • r) "Contest" administrator reserves the right to cancel, terminate or modify the "Contest" if it cannot be operated, conducted or completed as planned, for any reason
  • s) Prizes listed may be substituted for other first prizes of equal value, based on availability
  • t) You as a "FAN" understand that Stagend.com provides a tool but has no responsibility for the authenticity of the information provided by or "Promoters" regarding the contest.
  • u) Stagend.com has no responsibility for any other contest you enter as "Fan" by any user of Stagend.com.
  • v) Stagend.com has no responsibility for the correct delivery of the prizes.
  • w) Stagend.com does not finance the "prizes".
8. Premium accounts
  • a) Stagend.com offers the option to enter the Organizers' network and be able to apply for a "slot" for a yearly fee. By doing so, your account will be converted to a Premium Account and will not be subject to restrictions placed on Free Accounts as described in the pricing section (www.stagend.com/info/artists).
  • b) Stagend.com accepts Credit Cards, PostCard, PayPal and will automatically charge your credit card yearly, depending upon which Premium Account you select. If any fee is not paid in a timely manner, or Stagend.com is unable to process your transaction using the credit card information provided, Stagend.com reserves the right to revoke access to your Stagend.com account. If you do not bring your Stagend.com balance up-to-date within fifteen (15) days after Stagend.com provides you with notification that your account is in expiring, Stagend.com reserves the right to use our discretion to cancel all your slot’s applies, and to convert your Stagend.com Premium Account to a Free Account (which is subject to the restrictions described below).
9. Billing (Payment, Refunds, Upgrading and Downgrading Terms for subscriptions)
  • a) The fees for your Premium Account will be billed from the date you select, or convert to, a Premium Account and on each yearly renewal thereafter unless and until you cancel your account. In the settings page you can see the starting date for your next renewal period. Stagend.com will automatically bill your Credit Card, Post Card or PayPal each year on the calendar day corresponding to the start of your Premium Account. If you pay with PostFinance/Post Card, you will have to confirm your subscription every year. You acknowledge that the amount billed each year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Stagend.com may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
  • b) Should you choose to upgrade your Premium Account, the starting date for your next renewal period will be reset and you will be billed for the year of the upgraded level of service on a pro-rata basis (calculated monthly). For example, if you begin your yearly billed Premium Account on March 2nd 2014, your next payment would be due on March 2nd 2015. On June 2nd 2014, you upgrade your Premium Account and pay the new amount associated with the upgraded Premium Account you have selected, less the amount equal to 9 months at your previous Premium Account rate. Your next payment would then be due on June 2nd 2015.
  • c) Stagend.com may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, at the moment of payment the payment system will ask you the new credit card. If your credit card reaches its expiration date, your continued use of the Stagend.com constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts.
  • d) Your Stagend.com Premium Account will continue to run unless and until you disable the autorenewal option to your Premium Account or we terminate it. You must disable the autorenewal option to your Premium Account before it renews each year in order to avoid billing of the next year's fees to your credit card. Stagend.com will bill the yearly fees associated with your Premium Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
  • e) Stagend.com Premium Accounts are prepaid and are non-refundable. STAGEND.COM DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL YEARS. You may disable the autorenewal of your Stagend.com Premium Account at anytime, and it will take effect immediately. If you wish to cancel your Premium Account you must contact us. If you choose to cancel your Premium Account, please note that you will not be issued a refund for the most recently (or any previously) charged yearly fees.
  • f) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for all payment of such taxes, levies, or duties. For Swiss Citizens, the fees are inclusive of VAT 8%.
  • g) Downgrading your Service causes the loss of Content, features, or capacity of your Account. Stagend.com does not accept any liability for such losses.
  • h) Stagend.com allows Free Account "Artist" to have some credits to apply for booking offers. Stagend.com reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the was previously mentioned, if a Free Account is inactive for ninety (90) days, then Stagend.com may delete your content without providing additional notice.
10. Amendments

Stagend reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

11. Privacy

See Stagend's Privacy Policy at www.stagend.com/info/privacypolicy for information and notices concerning Stagend's collection and use of your personal information.

12. Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Switzerland and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Stagend and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

13. Application Licence

Subject to your compliance with these Terms, Stagend grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Stagend reserves all rights in the Application not expressly granted to you by these Terms.

14. Stagend Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Stagend grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Stagend Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Stagend or its licensors, except for the licenses and rights expressly granted in these Terms.

15. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Stagend a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Stagend does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Stagend the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Stagend's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

16. Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Stagend is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Stagend of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Stagend platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

17. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Stagend used herein are trademarks or registered trademarks of Stagend. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

18. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at info@stagend.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Stagend and you hereby irrevocably assign to Stagend and agree to irrevocably assign to Stagend all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Stagend's request and expense, you will execute documents and take such further acts as Stagend may reasonably request to assist Stagend to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

19. Copyright Policy

Stagend respects copyright law and expects its users to do the same. It is Stagend's policy to terminate in appropriate circumstances the Stagend Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

20. Suspension, Termination and Stagend Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Stagend Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Stagend Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Stagend Account, your Member Content, or receive assistance from Stagend Customer Service, (b) any pending or accepted future bookings as either Artist or Organizer will be immediately terminated, (c) we may communicate to the Organizers or Artists that a potential or confirmed booking has been cancelled, (d) we may refund the Organizers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies,(e) we may contact the Organizers to inform them about potential alternate Entertainments with other Artists that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Stagend Account. You may cancel your Stagend Account at any time by sending an email to support@stagend.com. Please note that if your Stagend Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

21. Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STAGEND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, ORGANIZERS AND ARTISTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STAGEND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STAGEND MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ENTERTAINMENTS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STAGEND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ENTERTAINMENTS, YOUR ACCRUAL OF STAGEND TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STAGEND OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ARTISTS OR ORGANIZERS. YOU UNDERSTAND THAT STAGEND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW A ENTERTAINMENTS. STAGEND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ORGANIZERS AND ARTISTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY STAGEND. NOTWITHSTANDING STAGEND’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE ARTISTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM ORGANIZERS ON BEHALF OF THE ARTISTS, STAGEND EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY ORGANIZER OR OTHER THIRD PARTY.

22. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ENTERTAINMENTS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF STAGEND WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER STAGEND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ENTERTAINMENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STAGEND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE ARTISTS PURSUANT TO THESE TERMS, IN NO EVENT WILL STAGEND'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ENTERTAINMENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ENTERTAINMENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A ORGANIZER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN ARTIST, THE AMOUNTS PAID BY STAGEND TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED SWISS FRANCS (CHF100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STAGEND AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

23. Indemnification

You agree to release, defend, indemnify, and hold Stagend and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Entertainment, or (iii) creation of a Listing; (d) the book of an Entertainment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking of a Entertainment

24. Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Switzerland law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.

25. Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

  • You acknowledge and agree that (i) these Terms are concluded between you and Stagend only, and not Apple, and (ii) Stagend, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Stagend and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Stagend.
  • You and Stagend acknowledge that, as between Stagend and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Stagend acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Stagend and Apple, Stagend, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and Stagend acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If the artist you hired is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Stagend by contacting us and sending the police report at support@stagend.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

26. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Stagend and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Entertainments made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Stagend and you regarding bookings or listings of Entertainments, the Site, Application, Services, Collective Content and Referral Program.

27. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Stagend's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Stagend may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

28. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Stagend via email (in each case to the address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

29. Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of Canton Ticino and Switzerland, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Lugano, Switzerland for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

30. General

The failure of Stagend to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Stagend. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

31. Contacting Stagend

If you have any questions about these Terms or any App Store Sourced Application, please contact Stagend at info@stagend.com.

32. Disputes

WE TRY TO KEEP STAGEND.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING STAGEND.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT STAGEND.COM WILL BE SAFE OR SECURE. STAGEND.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR STAGEND.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR STAGEND.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED SWISS FRANCS (CHF 100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, STAGEND.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

33. Special Provisions Applicable to Users Outside Switzerland

The following provisions apply to users outside Switzerland:

  • a) You consent to having your personal data transferred to and processed in Switzerland.
34. Definitions
  • a) By "Stagend.com" we mean the features and services we make available, including through (a) our website at www.Stagend.com and any other Stagend.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) any social plugins similar to ‘like’ and ‘attending’ button offered on other websites and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  • b) By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Stagend.com or provide data to us.
  • c) By "information" we mean facts and other information about you, including actions you take.
  • d) By "data" we mean content and information that third parties can retrieve from Stagend.com or provide to Stagend.com through the Platform.
  • e) By "post" we mean post on Stagend.com or otherwise make available to us (such as by using an application).
  • f) By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  • g) By "active registered user" we mean a user who has logged into Stagend.com at least once in the previous 30 days.
35. Other
  • a) This Statement is an agreement between you and Stagend SA References to "us", "we" and "our" mean Stagend SA
  • b) This Statement makes up the entire agreement between the parties regarding Stagend.com, and supersedes any prior agreements.
  • c) If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • d) If we fail to enforce any of this Statement, it will not be considered a waiver.
  • e) Any amendment to or waiver of this Statement must be made in writing and signed by us.
  • f) You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  • g) All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • h) Nothing in this Statement shall prevent us from complying with the law.
  • i) This Statement does not confer any third party beneficiary rights.
  • j) You will comply with all applicable laws when using or accessing Stagend.com.
36. Applicable law and place of jurisdiction

The sole place of jurisdiction is Lugano, Switzerland. Swiss law applies.