GENERAL TERMS AND CONDITIONS ATTENDEE

• Provider, General

  • The contractual partner and party responsible for the digitalstage service, which can be accessed at the website www.digitalstage.io and all associated sub-country domains (hereinafter referred to collectively as the "Portal"), is Digital Stage GmBH, Rosenthaler Straße 34-35, 10178 Berlin (registration court: Amtsgericht Berlin (Charlottenburg) HRB 222254 B, info@digitalstage.io ("Provider").
    The purpose of the Portal is to provide a technical platform for the mediation and transmission of live streamed audiovisual content at specific dates ("Event") between Hosts ("Host") and Attendees ("Attendee"). The Provider mediates and presents the Hosts' Events in the Portal, provides the technical platform and takes over the billing of the Attendees on behalf of the Host. Only a limited number of Attendees can participate in each Event.
    These General Terms and Conditions (“GTC”) apply between us as the Provider of the Portal and you as the Attendee ("User") for the use of the Portal and in particular for the participation in Events. Prerequisite for the registration and use of the Portal as a Attendee is the completion of 14 years of age.
    For the use of the Portal the previous registration on the website of the Portal is necessary. Registration is free of charge for you as a User; participation in Events is generally subject to a fee. When you book an Event, you will be informed of the costs and the respective amount of the remuneration for participation ("Participation Fee"). If an Attendee participates in an Event or books such an Event, an independent contractual relationship is established between the Host and the Attendee for the respective Event. The Portal exclusively serves the mediation as well as the technical and accounting handling of an Event. We have no influence on the contents of the Events.
    The services of the Portal are provided exclusively via our website.
    The contractual language is German; the Portal provides its services to Users worldwide. The use of chargeable services is only possible from countries of the European Economic Area and Switzerland, as far as these are served by our payment service provider. You can find a list here: https://stripe.com/global
    In the case of any discrepancy between this document and the German version, the German version takes priority.

• Services of the Provider

  • The Portal permits the simultaneous (live) participation of a limited number of Attendees in Events offered by Hosts, i.e. live streamed audiovisual content including interactive additional services such as chat function or interactive voice services. On behalf of the Host, the Provider provides the technical execution of the Events as well as the payment processing for the Attendees. The Participation Fee determined in each individual case and by the Host for an Event is to be paid in advance by the Attendee and is handled exclusively via the Portal and its payment service providers.
    For each Event there is a minimum and maximum number of participants. The respective amount depends in particular on the technical requirements and is indicated for each Event. The maximum number of Attendees per Event is currently limited to 100 participants. If the minimum number of participants is not reached at the beginning of an Event, the Event will not take place, unless otherwise agreed in individual cases. If an Event does not take place, no Participation Fee is to be paid.. Claims against the Provider due to the failure to reach the minimum number of participants and/or the cancellation of an Event are excluded. If the Provider takes part in an Event for the purpose of improving the quality of service in a concealed manner or marked as such, this has no relevance for the minimum and maximum number of participants in an Event.
    The Host is solely responsible for the execution of the Events and, in particular, their content as well as the moderation and use of interactive services (chat etc.). The fulfilment of the mediated Events is not an obligation of the Provider.
    The Events provided by the Host including all associated content ("Content") are, in the relationship between the Attendee and the Host, exclusively the property of the Host. Saving or recording of Events or parts thereof for the purpose of permanent storage is not permitted. The Attendee is also not allowed to further stream Events or make them available to third parties in any other way.
    The Attendee may not remove or change the copyright notices, trademarks and other legal reservations in the Content.
    An internet connection is required for the use of the Portal and in particular for participation in Events. The costs for this shall be borne by the Attendee. Participation in Events is currently possible from the European Union and Switzerland. Participation from countries other than those mentioned above is not excluded, but cannot be guaranteed by the Provider.

• Offer, Conclusion of Contract

  • The presentation of the Events in the Portal is in each case an offer directed towards the conclusion of a contract between Host and Attendee. When booking the Event you will be informed about the amount of the participation fee, the topic of the Event and its beginning, as well as the expected duration. By booking by clicking on "BUY NOW", a contract for participation in an Event is concluded between the Attendee and the Host and the agreed Participation Fee is to be paid in advance immediately before the Event. However, we grant you a right of withdrawal until the beginning of each Event. Should you not be willing to participate in an Event or should an Event not take place, a Participation Fee already paid at the time of booking will be refunded.
    Cancellation is no longer possible at the beginning of the Event.

• Cancellation Policy

  • A right of withdrawal for consumers does not exist for contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance (§ 312g para. 2 sentence 1 no. 9 BGB). The Events that we arrange provide specific dates and are regularly in connection with leisure activities. There is therefore no right of revocation for such Events. Independent of this, however, we grant you a right of withdrawal until the beginning of an Event.
    

    The following applies to all other contracts:
    

    RIGHT OF REVOCATION

    You have the right to revoke this contract within fourteen days without giving reasons.
    The revocation period shall be fourteen days from the date of conclusion of the contract.
    In order to exercise your right of revocation, you must inform us Digital Stage GmbH, Rosenthaler Straße 34-35, 10178 Berlin by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this Agreement. You can use the attached template revocation form, which is not mandatory.

    In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
    CONSEQUENCES OF THE REVOCATION

    If you revoke this Agreement, we shall reimburse you immediately no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for this refund, unless expressly agreed otherwise with you and in no event will you be charged for this refund.
    If you have requested that the Services be commenced during the withdrawal period, you will be required to pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of Services provided in the Agreement.
    NOTE ON EARLY EXPIRATION OF THE RIGHTS OF CANCELLATION

    In the case of a contract for the provision of services, your right of revocation expires before the end of its term if we have completely provided the service and have only begun to provide the service after you have given your express consent to do so and at the same time have confirmed your knowledge that you will lose your right of revocation if we have completely fulfilled the contract.
    End of the Cancellation Policy
    Template Withdrawal Form(If you want to cancel the contract, please fill out this form and send it back to us.)
    - Digital Stage GmbH, Rosenthaler Straße 34-35, 10178 Berlin

    - I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
    - Ordered on (*)/received on (*):
    - Name of the customer(s):
    - Address of the customer(s):
    - Signature of customer(s) (only for paper notifications)
    - Date:
    (* ) Delete as appropriate.

• Usage Data / Registration

  • When registering, the required information must be truthful and complete. In the event of changed data (e.g. new e-mail address), please immediately update this yourself in your user profile.
    The user must keep his/her access data and in particular his password secret and may not pass them on to third parties.
    The registration name to be chosen during registration must be checked for its legality by the user. In particular, it must not serve advertising purposes, infringe upon the (personal) rights of third parties or offend common decency.
    If the User enters photos, texts or other copyrighted contributions into his profile, publishes them on the Portal or makes them available to the Provider in any other way on his own initiative, he grants the Provider a simple, temporally and spatially unlimited and transferable right to use these contents for the fulfilment of the purpose of the contract, in particular to reproduce and distribute, publish, archive, store in databases, edit or shorten them. The User declares that the images and texts entered by him/her are free from the rights of third parties and that their contractual use on the Portal does not infringe any copyrights, personal rights or naming rights in particular. The User shall indemnify the Provider against all claims and demands asserted due to the infringement of such third-party rights.

• Prices and Terms of Payment, Billing

  • All prices quoted on the Portal are final prices in EURO and are subject to the following provisions, include all price components including statutory value-added tax where applicable.
    Payments can only be made by Paypal.
    The Host assigns his claims to remuneration (Participation Fee) against the Attendee to the Provider or to a factoring company commissioned by the Provider. All Events brokered via the Portal will be billed exclusively by the Provider or by the factoring company commissioned by the Provider.

• Intellectual Property Rights

  • The Attendee is exclusively entitled to live participation in the Events and not to their exploitation or the exploitation of the Content.
    The Attendee is exclusively entitled to receive the live stream, i.e. to digitally receive the transmission of the Event via the Internet from the Portal to a single terminal device (e.g. computer, smartphone). The data is transmitted for real-time viewing, but not for copying, saving, permanent downloading or passing on by the user. The retrieval of Content or Events for other purposes or in any other way than live streaming is expressly prohibited. In particular, it is prohibited to make the live stream itself publicly accessible, or to broadcast or redistribute it.

• Music Rights

  • All music streamed via the Portal is subject to license from GEMA under Tariff “VR-OD-10” and available only to end users in Germany. Use of the Portal from outside of Germany is not permitted.

• Liability

  • Our liability for damages shall be determined in accordance with the statutory provisions, unless otherwise specified below.
    In the event of breaches of duty - for whatever legal reason - we shall be responsible for intent and gross negligence within the scope of our liability for damages. In the case of simple negligence, we shall only be liable:
    - for damages resulting from injury to life, limb or health, and
    - for damages resulting from the breach of an essential contractual obligation (an obligation, the fulfilment of which is essential for the proper execution of the contract and the adherence to which the contractual partner regularly relies on and may rely on); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
    
    The above limitations of liability shall also apply to breaches of duty by persons whose fault we are responsible for in accordance with statutory provisions. Claims under the Product Liability Law ("Produkthaftungsgesetz") shall remain unaffected in all cases.
    The Host provides his service to the Attendee independently and at his own responsibility, the Provider is solely responsible for the mediation, technical implementation and billing of Events. The Host is therefore liable within the scope of the legal regulations for the implementation of an Event in relation to the Attendee himself/herself, in particular for any flawed execution of his/her activity or for damage caused in the exercise of the activity for the Attendee. The liability of the Provider is excluded in this respect.
    The data entered in the Portal and in particular in the Host's profiles are based exclusively on information provided by the Host. The Provider does not guarantee the accuracy of this data.

• Warranty

  • For any warranty claims due to legal and/or material defects, the statutory provisions shall apply.

• Term / Termination

  • Registration is for an indefinite period of time and may be terminated by either party at any time without cause. Each cancellation requires at least written form (e-mail and fax are sufficient).

• Data Protection

  • Please refer to our data protection policy, which can be accessed via our online service, for data protection questions and information.

• Amendment of the GTC

  • The Provider reserves the right to amend these General Terms and Conditions at any time with a reasonable period of notice of at least six weeks if the amendment is reasonable for the User, taking into account the interests of the Provider. The right to amend does not apply to essential provisions of the contractual relationship, in particular the type and scope of the agreed services and the duration. If the User does not object to the change within the period set by the Provider, the change shall be deemed approved. The Provider shall draw the customer's attention to this circumstance in the notice of change.

• Applicable Law, Dispute Resolution

  • German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
    The EU Commission provides a platform for out-of-court settlement of disputes. This gives consumers the opportunity to settle disputes in connection with their online order initially without the involvement of a court.
    The dispute resolution platform is accessible under the external link:
    https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE
    The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.