The Openstage Platform Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

OPENSTAGE TERMS OF SERVICE

Openstageit Ltd, a company registered in England with number 08322164  (“Openstage” which is also referred to as “Us”, “We” and “Our“).

These terms and conditions (as amended by Us from time to time, “Terms”) govern Your access to and use of the services we make available, including Our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, experiences and commerce services (collectively, the “Services”) and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

In these Terms “You” and “Your” mean you, being the individual agreeing to these Terms. If You are accessing and contributing Content or using the Services on behalf of a company, organization, government or other legal entity, you (the natural person agreeing to these Terms) represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “You” and “Your” as used in these Terms shall refer to such entity as well as to you as an individual.

1. INTRODUCTION

By using the Services You agree to be bound by these Terms.

You may only access or contribute Content and use the Services if You may lawfully do so. You may not use the Services unless You are at least 13 years old. If You are under 13 years old, You should not use the Services. In some territories local rules govern how old You must be to use online services, You should adhere to these rules.

You agree that the information that We ask You to provide will be true, and that You will not provide false details to Us.

2. LIMITS ON USE

You may not use the Services for any unlawful purposes or in furtherance of illegal activities. By using Openstage, You agree to comply with all applicable laws governing Your online conduct and provision and use of content.

You agree not to use Our logo, badges or other branding for any commercial purpose without Our permission or in any way that may be detrimental to Our interests or derogatory to Us or any other person who has provided Content (in their capacity as such). You agree not to assert any association, approval or endorsement by Us other than to the extent that We have specifically agreed with You in writing that You may make such assertion.

You agree not to seek to access, tamper with or use non-public areas of Openstage’s systems or interrupt, circumvent, probe or challenge any of the Services or transactions facilitated by Openstage or security provisions incorporated in any part of the Services or interfere with the proper operation of the Services.

3. PRIVACY

Our Privacy Policy (https://www.openstage.live/privacy) describes how We handle the information You provide to Us when You use the Services.

By accessing and contributing Content and using the Services You consent to the collection and use of Your personal information, including the transfer of this information throughout the world for storage, processing and use by Openstage and members of the same group of companies or persons to whom You have given Us consent to share Your data. If You sign-up to follow, connect with or communicate with another user of the Services (such as an artist, performer, brand or other corporation) You shall in doing so be deemed to have consented to Our sharing Your personal data with that other user to the extent reasonably necessary for that other user to take advantage of the consent You have given (and also for that other user to share with Us any personal data relating to You that the user holds).

You may need to create an account to use some of the Services. You are responsible for safeguarding Your account, so use a strong password and limit its use to this account. We accept no liability for any loss or damage arising from Your failure to comply with these Terms.

You agree that We may use any data We learn about You on an anonymous aggregated basis (that is to say in a way which does not allow anybody to identify You or to link You with the data We use).

4. CONTENT

You are responsible for Your use of the Services and for any Content You provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that You are comfortable sharing with others.

You may not submit, post, or display any video or other content on or through the Services that includes third-party advertising, such as pre-roll video ads or sponsorship graphics, without Our prior consent.

You may not use the Services to send “spam” messages or to post content which is unlawful, offensive or which We acting reasonably determine is inappropriate (“Prohibited Content”). The following are examples of Prohibited Content, content that:

• gives details of another person’s private information;

• violates another person’s intellectual property rights or right to privacy,

• impersonates or creates the impression that it has been made available by another person

• promotes, endorses or encourages any unlawful, abusive, hateful, discriminatory, demeaning or harassing conduct or assists a person to engage in any unlawful or immoral activity or debases an individual in the eyes of another;

• disseminates false or misleading information;

• We deem inappropriately depicts violence, injury or procedures or is pornographic (and/or may be intended to cause sexual arousal);

• incorporates, distributes or promotes malware, phishing or analogous code;

• promotes a commercial activity or is intended to result in financial gain; and 

• is in breach of any of these Terms or any of Our policies (as updated from time to time).

We reserve the right to remove any Content.

We are not responsible for the accuracy of Content posted by others using the Services. Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated it. We are not obliged to monitor or control the Content posted via the Services and, We take no responsibility for such Content.

The Services are protected by copyright, trademark, and other laws protecting tangible and intangible assets. Nothing in the Terms gives You a right to use the Openstage name or any of the Openstage trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by You) are and will remain the exclusive property of Openstage and its licensors (which including other users). 

5. RIGHTS IN THE CONTENT

You retain Your rights to any Content You submit, post or display on or through the Services. What’s yours is yours — You own Your Content (and Your incorporated audio, photos and videos are considered part of the Content). By using the Services You do not acquire rights in any Content.

We may promote any Content to You when You are using the Services. You accept that there is a risk that Content provided by a third party may be upsetting to You, that is not Our intention and if You are upset by Content please let Us know as soon as possible (email: contentabuse@openstagelive.com). We may also choose to promote Your Content to others. We are under no obligation to do so, and assume no liability for doing so.

By submitting, posting or displaying Content on or through the Services, You grant Us a worldwide, non-exclusive, perpetual, assignable and irrevocable royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content (in full or in part) in any and all media or distribution methods (now known or later developed). This license authorizes Us to make Your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Openstage to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals and for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services. Such additional uses by Openstage, or other companies, organizations or individuals, may be made with no compensation paid to You or any attribution to You and applies to all Content that You submit, post, transmit or otherwise make available through the Services.

You represent and warrant that You have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant by You the rights granted in these Terms for any Content that You submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless You have necessary permission or are otherwise legally entitled to post the material and to grant Openstage the license described above.

You agree that except to the extent expressly agreed by Us in writing addressed to You, nothing in the arrangements between You and Us operates to transfer any intangible or intellectual property rights to You.

If You believe that Your Content has been copied on the Services in a way that constitutes copyright infringement, please report this by contacting Us at copyright@openstage.live.

6. LIABILITY

We will not be liable for any errors or omissions in any Content. We do not guarantee the identity of any other users of the Services. You rely on Content at Your own risk. We do not guarantee that the Services are secure or free from Prohibited Content.

Unless We enter a separate express written agreement with You pursuant to which We assume a duty of care, liability or obligation to You, We exclude all such duties, liabilities and obligations to the fullest extent permitted by law (laws operate to restrict Us excluding liability in respect of Our own fraud or for certain types of physical harm occasioned by Our negligence), and by using the Services You agree to waive any duty, liability or obligation that We may, but for such waiver, owe You. 

The Services may facilitate transactions. You agree that unless You are making payment to Us and We have expressly agreed to assume some liability or obligation, We have no liability or obligation to You in respect of any transaction facilitated through the Services.

The Services are evolving. We may stop (permanently or temporarily) providing the Services or any features within the Services to You or to users generally. We also reserve the right to create and implement limits on use of the Services and storage provided by Us at Our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services or suspend or terminate Your (or any other user’s) access to or use of the Services or any other service provided by Us and to reclaim usernames without liability to You.

7. SALES

We may agree to sell You tickets or other access tokens. Subject as provided below, such sales are final, and unless We expressly agree to the contrary at the time to supply, no refunds or exchanges will be issued except to the extent required to be issued by law.

If We sell You a ticket, pass or other access token (“Ticket”), We reserve the right to cancel or reschedule an event at any time for any reason, and Our liability shall be limited to the price paid by You to Us for that Ticket. You may be required to present a valid ID and/or confirmation to collect or use Ticket(s). You must adhere to any additional terms and conditions subject to which the Ticket was issued or of the venue or event, including but not limited to dress code, age restrictions, and prohibited items. All intangible content, including but not limited to music, videos, merchandise, and digital downloads, are sold “as is” and (except to the extent provided by law) cannot be returned or exchanged. You are not authorised to share or distribute any content purchased from Us without Our express written consent. We reserve the right to modify, suspend, or discontinue any Content for any reason and without notice.

All goods, including but not limited to clothing, accessories, and physical media, are sold “as is” and cannot be returned or exchanged. We are not responsible for any loss or damage suffered to goods after We have arranged for their despatch. You are responsible for any customs fees, taxes, or other charges that may apply to international orders. You agree that by buying content, goods or services You are not acquiring any intellectual property rights other than to the extent necessary for proper enjoyment of the purchase, and You acquire no tradable right, title, or interest in or to any intellectual property of Our (or Our licensors). You also agree that You shall not use any of Our (or Our licensors’) intellectual property without express written consent from the person who owns the relevant intellectual property.

We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the sale of content, goods or services. Our liability for any direct damages shall be limited to the total amount paid by You for the relevant content, goods or services.

Nothing in these Terms derogates from any rights conferred by law on You as a consumer, and those rights are expressly preserved.

Third parties who user the Services or who contract with Us (including, for example, artists, performers, brands and corporations) may offer to provide information, goods or services to You through the Services. You accept that (except to the extent that We may have liability or responsibility under law which We cannot lawfully contract out of) unless otherwise expressly agreed in writing by Us addressed to You, We shall have no liability or responsibility in respect of any such offering, arrangement or transaction.

8. PERSONAL DATA, ADVERTISING AND PROMOTIONS

In consideration of Openstage granting You access to and use of the Services, You agree that Openstage may use Your personal data and make promotions to You. We may also use Your Content to make promotion to others. In this context “promotions” includes all forms of advertising.

You agree to accept and comply with all Our data protection privacy policies which are available here (https://www.openstage.live/privacy) and other terms and conditions notified to You from time to time.

You may opt out of receiving certain communications from the Services. We may however need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent Us from communicating with anyone who acquires Your old number.

Any feedback, comments, or suggestions You may provide regarding Openstage, or the Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.

9. ENDING OUR RELATIONSHIP 

You may end Your legal agreement with Openstage at any time by deactivating Your accounts and discontinuing Your use of the Services.

To deactivate and delete Your account please do one of the following (and read the paragraph below as well):

• contact Openstage by email at support@openstage.live with the subject, “Delete my account”

If We receive a message purporting to come from You We may freeze Your account until You next log in to it and then ask You to confirm that You intend to delete it. When We delete an account We shall, except to the extent then required by law or regulation (or You otherwise agree with Us), We shall also delete all the personally identifiable information that We hold about You on all Our active systems. We may retain this data for a period in case You change Your mind (but are under no obligation to do so) or on historic back up systems but shall not (except to the extent then required by law or regulation) permit any access to or use of such data without Your consent whilst We do retain it. Once We have deleted Your account it may not be possible to recover any data previously associated with it.

We may terminate or suspend Your continuing use of the Services if We believe that You or Your account has been used to publish or promote Prohibited Content or otherwise breached any of these Terms or the policies.

10. UPDATES

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://www.openstage.live/terms, will govern Our relationship with You. Other than for changes addressing new functions or made for legal reasons, We will notify You 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with Your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Openstage’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If You do not agree to these Terms of use, You must not use Our access or contribute Content or use the Services.

11. APPLICABLE LAW

Subject to overriding applicable consumer laws, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Thank You for visiting Our site.