Die Deutsche Version der AGBs ist noch nicht verfügbar. Im Folgenden haben wir die wichtigsten Punkte zusammengefasst, die ihr in Kenntnis nehmen müsst, wenn ihr Stagend.com benutzen möchtet, um neue Engagements zu finden.
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: 23.05.2018
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.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ENTERTAINERS (DEFINED BELOW) CREATE LISTINGS (DEFINED BELOW) FOR ENTERTAINMENT (DEFINED BELOW) AND ORGANIZER (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ENTERTAINMENT DIRECTLY WITH THE ENTERTAINERS. YOU UNDERSTAND AND AGREE THAT STAGEND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ENTERTAINERS AND ORGANIZER, NOR IS STAGEND A REAL ENTERTAINER BROKER, AGENT OR INSURER. STAGEND HAS NO CONTROL OVER THE CONDUCT OF ENTERTAINERS, 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.
"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 an Organizer (as determined by Stagend in its sole discretion), within which an Entertainer 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 Entertainer a booking of an Entertainment via the Site, Application or Services, or a Member who has booked an Entertainer. "Entertainer" means a Member who creates a Listing via the Site, Application and Services. "Listing" means an Entertainer Page that is listed by an Entertainer 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 Entertainers 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 Entertainers ("Entertainment"). Such Entertainment are included in Listings on the Site, Application and Services by Entertainers. 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 Entertainers 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 Entertainers. 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 Entertainers for the purpose of accepting payments from Organizers on behalf of the Entertainers.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE EntertainerS 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.
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:
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:
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:
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.
If you create or administer a Page on Stagend.com, you agree to the next points:
The "booking tool" is the ensemble of tools that Stagend.com provides to "Entertainer", or "Organizer" with regards to organizing entertainment moments (Events).
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Entertainer 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 Entertainer Page must have valid email address and a phone number. 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 an 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 an 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 Entertainer'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 Entertainer, you understand and agree that Stagend does not act as an insurer or as your contracting agent. If an 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 Entertainer for the purpose of accepting, on behalf of the Entertainer, payments from Organizers of such amounts stipulated by the Entertainer (including other fees and/or Taxes).
If you are an Entertainer, 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 Entertainer, you are responsible for your own acts and omissions.
Stagend recommends that Entertainers 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 Entertainers the option of having photographers take photographs of their Entertainments. If you as an Entertainer 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:
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 Entertainer or to accept a booking request from an 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 Entertainer against Stagend regarding the remittance of payments received from an Organizer by Stagend on behalf of an Entertainer, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
"Entertainment Fees" or "Gage" or "Cachet", means the amounts that are due and payable by an Organizer in exchange for the Entertainment. The Entertainer alone, and not Stagend, determines these amounts. The Entertainer may in his or her sole discretion decide to include in these amounts Taxes that the Entertainer determines that he or she has to collect. This Fee is exactly the sum Stagend.com will payout after the event. "Organizer Fees" or “Service fees”, means the fee that Stagend charges an Organizer for the use of its online platform, which is calculated as a percentage of the Total Fee. The Organizer Fees is included in the amount displayed to the Organizer in the discussion page, and will be displayed in the final invoice. "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 Entertainers
If you are an Entertainer 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 an Organizer confirm a booking, Stagend will send you an email, text message and/or message via the Application confirming such booking.
Stagend will collect the Total Fees at the time of booking confirmation (when both the Entertainer and Organizer confirm the booking). In case of the Organizer chose the invoice payment method, the collection of the total fees is not done at the booking moment but on a later stage and also the cancellation policies are not valid before the money arrived in our bank account. We can initiate the payout for the Entertainment Fees to the Entertainer within 24 working hours after the event and ONLY if we got the money on our bank account (for the invoice payment method scenario).. (except to the extent that a refund is due to the Organizer). The time it takes for the Entertainer to receive payouts may depend upon the method for receiving payouts chosen by the Entertainer. 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 Entertainer, including by deducting their charges from the payout amount.
Appointment of Stagend as Limited Payment Collection Agent for Entertainer
Each Entertainer hereby appoints Stagend as the Entertainer’s limited payment collection agent solely for the purpose of accepting the Entertainment Fees from Organizers.
Each Entertainer agrees that payment made by an Organizer through Stagend, shall be considered the same as a payment made directly to the Entertainer, and the Entertainer will make the Entertainment available to the Organizer in the agreed-upon manner as if the Entertainer has received the Entertainment Fees. Each Entertainer agrees that Stagend may, in accordance with the cancellation policy selected by the Entertainer 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 Entertainer understands that Stagend accepts payments from Organizers as the Entertainer’s limited payment collection agent and that Stagend’s obligation to pay the Entertainer is subject to and conditional upon successful receipt of the associated payments from Organizers. Stagend does not guarantee payments to Entertainers for amounts that have not been successfully received by Stagend from Organizers. In accepting appointment as the limited authorized agent of the Entertainer, Stagend assumes no liability for any acts or omissions of the Entertainer.
Bookings and Financial Terms for Organizers
The Entertainers, 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 an Organizer, choose to enter into a transaction with an Entertainer for the booking of an Entertainment, you agree and understand that you will be required to enter into an agreement with the Entertainer and you agree to accept any terms, conditions, rules and restrictions associated with such Entertainment imposed by the Entertainer. 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 Entertainer, Stagend acts as the Entertainer’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Entertainer. Upon your payment of the Total Fees to Stagend, your payment obligation to the Entertainer for the Entertainment Fees is extinguished, and Stagend is responsible for remitting the Entertainment Fees, in the manner described in these Terms. In the event that Stagend does not remit any such amounts as described in these Terms, such Entertainer will have recourse only against such Stagend entity.
The Total Fees payable will be always displayed to an Organizer during all conversations with Entertainer. As noted above, the Entertainer 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 Entertainer, 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 an 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 Entertainer. 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 an Organizer by his or her bank related to Stagend’s collection of the Total Fees, and Stagend disclaims all liability in this regard.
Monthly invoice with part payment option (PowerPay):
With the monthly invoice (PowerPay) - you can pay your online purchases easily by invoice with a part payment option. MF Group / PowerPay as an external payment service provider offers the payment method "payment via invoice". At the end of the payment process PowerPay takes over the resulting invoice requirement and handles the corresponding payment option. By selecting the monthly invoice you accept the terms and conditions of PowerPay. (powerpay.ch/en/agb).
Additional fees will apply according to the terms and conditions of PowerPay, if you choose to pay in instalments or if you do not meet the payment deadline of the invoice.
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 Service Fees, and will be included in the Total Fees.
Balances will be remitted by Stagend to Entertainers via PayPal, direct deposit or other payment methods described on the Site or via the Application, in the same currency of the Total Price. Amounts may be rounded up or down as described the “Rounding Off” section below.
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 https://www.stagend.com/help/start. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as an 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 Entertainer contained in the applicable Entertainer's Request 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 Entertainer.
If an Entertainer 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 Entertainers and other related information. If the Organizer requests a booking from one of the alternative Entertainers and the Entertainer 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 Entertainer cancelled a confirmed booking and you, as an Organizer, have not received an email or other communication from Stagend, please contact Stagend at https://www.stagend.com/help/contacts
If, as an Entertainer, you cancel a confirmed booking, Stagend may apply penalties or consequences to you including (i) publishing an automated review on your Entertainer Page indicating that a reservation was cancelled, or (ii) keeping the calendar for your Entertainer unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts).
Stagend may determine, in its sole discretion, to refund to the Organizer part or all of the amounts charged to the Organizer. You agree that Stagend and the relevant Organizer or Entertainer will not have any liability for such cancellations or refunds.
If any Event is altered or cancelled by you as Organizer for any reason, you accept full liability for all sums of money expended by the Entertainer or Stagend in connection with such cancellation or postponement of your Event, which will be deducted from any refund due to you.
If a dispute between Entertainer and Organizer arises, contact us directly as soon as possible to seek a resolution, by sending an email to [email protected]. If the dispute concern a payout, please report the dispute the day of the event. Consider that in case of no email of your part, we will proceed with the payout.
Stagend may, in its sole discretion, round up or round down amounts that are payable from or to Organizers or Entertainers 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.
You as an Entertainer 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 order to be able to perform in the event's country. 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 Entertainer, Stagend may issue a valid VAT invoice to such Entertainer.
Damage during Entertainments
As an Organizer or as Entertainer, you are responsible for any acts during the Entertainment.
Stagend's online platform facilitates bookings between Organizers and Entertainers 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.
"Booking Currency" means the currency in which an 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 Entertainer’s payout will be paid to the Entertainer. The Payout Currency is the same of the booking currency.
Foreign currency conversions on the Stagend platform
Stagend will not process a foreign currency conversion during the payout. In example: If the Booking currency is EUR, the payout will be in EUR. 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.
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.
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.
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.
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.
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.
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.
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.
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 [email protected]. 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.
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.
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 Entertainer or Organizer will be immediately terminated, (c) we may communicate to the Organizers or Entertainers 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 Entertainers 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 [email protected]. 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.
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 EntertainerS, 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 EntertainerS 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 EntertainerS, 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 EntertainerS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM ORGANIZERS ON BEHALF OF THE EntertainerS, STAGEND EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY ORGANIZER OR OTHER THIRD PARTY.
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 EntertainerS 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 an Organizer IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN Entertainer, 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.
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 an Entertainment
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.
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
If the Entertainer 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 [email protected]; 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.
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.
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.
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.
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.
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.
If you have any questions about these Terms or any App Store Sourced Application, please contact Stagend at [email protected].
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.
The following provisions apply to users outside Switzerland:
The sole place of jurisdiction is Lugano, Switzerland. Swiss law applies.