General terms and conditions for use of the HELLO STAGE Internet platform
From February 8th, 2015
The aim and purpose of HELLO STAGE is for artists, ensembles, managers, agencies and promoters in the classical music arena to connect with each other, to arrange contacts and to facilitate the process of searching and establishing contacts in order to ultimately promote collaboration on a professional level. Simple and easy access to information and data about artists and ensembles will be provided above all to managers, agencies and promoters using information displayed within the scope of a profile, with a platform offered for professional presentations and a forum for establishing mutual contacts.
By registering as a user on HELLO STAGE you (hereafter also referred to as the “user”) accept the following terms and conditions of use (hereafter “T&Cs”) for this platform and for using the services on offer. HELLO STAGE is a registered trademark of HS US, LLC. The user enters into the usage agreement for the Internet platform with HS US, LLC (hereafter “HELLO STAGE”), registered in Delaware, US, with its headquarter at 1355 Market St. #488, San Francisco, CA 94103, USA. Further details on HELLO STAGE can be found in the Company Information section. These T&Cs govern the contractual relations between HELLO STAGE and the user for the term of the contractual relationship.
These T&Cs can be printed or downloaded at any time – including once the agreement has been entered into – at „AGB“.
Any references solely to males in the T&Cs apply equally to both genders.
1. Subject matter of the agreement
The subject matter of the agreement is a free and a fee-based access and a free and a fee-based use of this Internet platform as a forum for presentation and communication, and for exchanging business contacts.
The services offered are aimed exclusively at individuals of legal age and at legal entities.
By registering, the user makes a contractual offer which is accepted by HELLO STAGE by activating the account (profile) and providing access. There is no legal right to activation. As a result, the agreement goes into effect when the activation takes place.
The fees for the PRO access and PRO use (usage fee) are due for immediate payment upon billing. Billing generally takes place upon activation. The associated invoices (or any payment reminders) are only sent electronically via e-mail. Two different methods for payment are offered: a) annual payment of the entire amount or b) monthly instalments. The precise amount of the usage fee along with the payment methods are stated separately on the homepage. The usage fee amount differs depending on the length of usage. The usage fee may be increased when the agreement is extended, although the user must agree to the increase.
Payment may be made by credit card or PayPal. The user will bear all costs incurred in cases where the fee cannot be collected.
HELLO STAGE will provide the data and information stated by the user to the other users. In addition, users are free to make their data and profile public, i.e. also accessible to unregistered visitors to the platform/homepage. HELLO STAGE is entitled to remove the data or information stated without prior notice if it is illegal or is in breach of statutory regulations or of these T&Cs.
In the event that agreements are entered into between the users, HELLO STAGE acts solely as an intermediary. The T&Cs and contractual provisions applicable to these agreements are those of the relevant users, who are also the contractual and contact partners in this case. In the event that users enter into agreements via the Internet platform and the websites offered, HELLO STAGE is not a party to these agreements and does not become a contractual partner in this regard. These users themselves are responsible for the content, implementation and fulfilment of the agreements they enter into between each other. HELLO STAGE does not accept any liability whatsoever in connection with the agreements entered into between the users or any resulting breaches of obligation.
HELLO STAGE merely provides a platform for searching and presenting and for establishing contacts for users, and offers the technical concepts which enable searching and presenting and establishing contacts in this manner. HELLO STAGE does not accept any liability whatsoever in the event that no agreement is entered into once contact is established between users. HELLO STAGE also does not participate in any communication that takes place between users.
2. Access and registration
The user acknowledges that 100% availability of the websites offered at http://www.hellostage.com is not technically possible, and that despite the best of endeavours, access which is unimpeded at all times cannot be guaranteed by HELLO STAGE. For instance, maintenance or security requirements or events outside of HELLO STAGE’s control (such as power failures, hacking activities, etc.) may in particular result in temporary disruptions or temporary cessation of the homepage and the websites offered.
Registration is required prior to using the services on the platform and the websites. The registration must in all cases include the name, address, date of birth, telephone number and e-mail address, and in the case of companies (legal entities), also the name (company name), registered office, registered commercial number (number on the commercial registry) and the names of the individuals authorised to represent the company. With registrations of groups (ensembles) the registration must also be made by an authorised representative who must provide the required data (name, address, etc.).
Users are under an obligation to provide notification of changes to their information without delay.
A distinction must be made between the registration and the profile. The profile is for the purposes of presenting and showcasing artists, ensembles, managers, agencies and promoters, particularly within the scope of the platform. Upon activation following the registration users become entitled to create a profile as part of their account.
Users give their binding assurance that all of the data provided during registration is truthful and complete and that they are of legal age at the date of registration. Users also give their binding assurance that all of the data, information, reports, disclosures and references provided in the account and the profile are truthful.
Users acknowledge that pseudonyms, stage names or fake names may not used for registration. If a user is known under a stage or similar name, then this may of course be used for presentation purposes in the profile or when the profile is created. Groups (ensembles) as well as companies may also be presented using their relevant name (company name). However, in the case of ensembles the name of at least one member of the ensemble or of an agent/manager must be provided as a contact and an authorised executive body must be stated for company profiles (legal entities).
Each user may only register once. However, members of an ensemble may register both as a group as well as an individual.
HELLO STAGE is unable technically or de facto to determine with certainty whether a user registered on the platform is actually the person whom he purports to be. HELLO STAGE does not warrant and does not accept any liability for a user’s actual identity. Every user must personally satisfy himself of another user’s identity.
Upon approval/activation users gain access to their account and profile which they are free to design in accordance with the T&Cs and within the scope of the statutory provisions.
All users select a password upon registration for the purposes of protecting access to their account (profile), and undertake to keep the password secret and not to forward the password to third parties.
3. Term of the agreement and termination thereof, blocks
The term of the agreement for fee-based usage is either one year or one month in accordance with the selection made.
Fee-based usage may be terminated without explanation by e-mail (contact form) on the last day of the month and with adherence to a 14-day notice period, and it then remains valid until the end of the term.
If the agreement is not terminated in good time before the term expires, then the term of the agreement is automatically extended by the same period as relevant.
The agreement for fee-based usage may be terminated for good cause at any time without requiring adherence to a notice period (premature termination). Good cause is provided in particular if continuation of the contractual relationship until the end of the statutory termination period is unreasonable in view of all of the circumstances. Good cause is provided in particular for HELLO STAGE’s purposes if the user does not comply with statutory regulations, if the user breaches his contractual obligations (in particular point 4 of the T&Cs) or if the user causes harm to one or more of the other users.
If good cause is provided in accordance with point 3.4., HELLO STAGE may irrespective of any termination for good cause also impose the following sanctions against the user: it may delete the content which the user has placed online or made accessible to other users within the scope of his account and or delete the user’s entire profile and/or block access to the platform and/or block the user.
In the event of a premature termination by HELLO STAGE the user may not claim reimbursement of the fees already paid in advance. Reimbursement is also ruled out if the user or an account and/or profile is blocked or deleted for good cause. A reimbursement of fees already paid in advance is also ruled out in the event of termination by the user (with the exception of termination by the user for good cause).
If an account or profile is abused or not used in accordance with its purpose, then HELLO STAGE may also block this account or this profile on a temporary or permanent basis.
In the event that access is terminated, the user will no longer have access to the data provided after the end of the term. The profile and/or the account can no longer be accessed either from this point in time. After the end of the statutory retention period, HELLO STAGE will delete the data and information entered. The user’s data and information will be removed from the platform within 24 hours following the end of the agreement, meaning that other users will no longer have access to the data and information entered.
4. Rights and obligations of the user
Users are under an obligation solely to make truthful and correct statements in their registration, on their profile and in their account. Users may not use false identities or pseudonyms. Stage names are permitted provided that the user is known in public by this name.
Users are under an obligation not to make any copyright-protected material (photos, videos, films, texts, music, etc.) accessible on their account unless they possess the necessary rights or are entitled to publish them. Breaches of copyright law are thereby expressly prohibited. Users are also prohibited from using other content protected by law (e.g. protected by brand, sampling or patent rights) unless they possess the corresponding rights for this.
Users are expressly forbidden from using disseminating insulting, libellous, obscene, offensive, discriminatory or racist content or using content of this type in communications. Users are also prohibited from using, disseminating, advertising or offering pornographic content or content which glorifies violence or which breaches youth-protection or other laws (in particular criminal law).
Users are prohibited from annoying other users unreasonably through unsolicited or unapproved advertising and promotional material, spam, junk mail, chain letters or pyramid systems or similar items or from sending content of this type.
Users are prohibited from using the profiles of other users, unlawfully gaining access to other profiles or attempting to gain access to other profiles illegally.
Users are prohibited from engaging in anti-competitive acts.
Users are prohibited from publishing sensitive information, personal data and copyright-protected material from third parties without their express consent.
Users must refrain from infringement of any laws.
Users must refrain from committing any acts which are liable to cause harm to the homepage and/or the platform or to affect its operation in a negative manner. For instance no software viruses, worms, spyware or other files or programmes may be uploaded, sent by e-mail, used or offered.
Users are expressly prohibited from copying or modifying the homepage and/or the platform, deciphering the source code or using WebCrawler technology. The content provided via the platform may not be copied, scraped or crawled. Reproducing, changing, disseminating, selling or leasing the software used by HELLO STAGE or its search algorithms or programming are also forbidden. Furthermore the software used and the search algorithms or programming developed by HELLO STAGE may not be reverse engineered or further developed without consent, and no attempts may be made to extract their source code.
The content, software and programming for this homepage are protected by copyright. The information provided is only designed for the use stated in the T&Cs. Any use beyond this is prohibited, in particular saving in databases or any reproduction.
Users are entitled to access the personal information and data entered and controlled by them, to change or delete this and to delete the account in accordance with the provisions of the T&Cs and to terminate the contractual relationship with HELLO STAGE.
Users are responsible for communications and interaction among themselves. However, in exceptional cases (e.g. following complaints of harassment), HELLO STAGE is free to prevent communication between individual users via the platform if technically possible.
HELLO STAGE does not check the data, information or content provided on the platform or stated in profiles for accuracy or lawfulness. As a result HELLO STAGE accepts no liability or responsibility whatsoever for the content, information or data provided by users. In particular, HELLO STAGE does not warrant accuracy, completeness or lawfulness. Any liability in this regard is excluded. HELLO STAGE accepts no liability whatsoever for any damage arising from breaches of copyright caused by users. In addition there can be no guarantee provided that the contents and information created by users are truthful. HELLO STAGE also accepts no liability whatsoever for damage arising as a result of incorrect statements. No liability or responsibility is assumed either for any links and/or linkage provided by users to external websites or their content.
If users notice incorrect or illegal statements or statements in breach of the agreement on this platform from another user, they can report this to HELLO STAGE via e-mail, and HELLO STAGE will then initiate the appropriate contractual steps.
HELLO STAGE accepts no liability or responsibility for cases where voluntary or mandatory data to be provided by users is misused or used or forwarded in breach of the law by other users or by third parties. HELLO STAGE accepts no liability whatsoever for damage resulting from this.
HELLO STAGE offers no guarantee or warranty whatsoever that that the homepage and/or the platform as well as the accounts and profiles are available without interruption and are free from defects. Any liability for direct, indirect or other damage, irrespective of its cause, which arises from the use, an interruption, functional errors or unavailability of the data or information on this homepage or platform is excluded, to the extent that this is legally permissible.
HELLO STAGE is under no obligation to verify the identities of the users who register on the homepage or the platform. HELLO STAGE is equally under no obligation to monitor use of the homepage and/or platform by the members and the statements made by them, and therefore HELLO STAGE accepts no liability whatsoever for identity theft or any misuse of identities and the damage resulting from this.
HELLO STAGE also accepts no liability for malfunctions, unavailability of access or inadequate usage conditions which arise as a result of poor or inadequate equipment.
The user will indemnify HELLO STAGE and/or / HS US, LLC from all rights and claims (in particular claims for compensation) which other users, third parties or government authorities assert against HELLO STAGE and/or HS US, LLC on account of infringement of the rights by the user or on account of a breach of the provisions and obligations in these T&Cs by the user. The user undertakes to indemnify HELLO STAGE and/or HS US, LLC and hold it harmless in relation to all of these third-party claims.
The user will also be responsible for paying all costs (e.g. reasonable legal fees) and losses incurred by HELLO STAGE and/or HS US, LLC incurred from the fact that third parties, government authorities or other users initiate legal steps against HELLO STAGE on account of an infringement of rights by the user or on account of a breach of the provisions and obligations in these T&Cs, or which occur through the fact that accusations are made and investigations are initiated justifiably in this regard.
Any further claims for compensation by HELLO STAGE and/or by HS US, LLC against the user remain unaffected by this.
HELLO STAGE accepts no responsibility or liability for the content of linked sites in the event that references and/or links to other / third-party Internet sites are implemented by HELLO STAGE, despite careful controls being implemented with the linking. This also applies to those websites which provide references to the HELLO STAGE websites. By “clicking on” the links the user leaves the offer of information from HELLO STAGE. The operators of the linked sites are exclusively responsible for their content.
HELLO STAGE regularly sends newsletters to all registered users and to those individuals who register for the newsletter.
Through registration users provide their express agreement to receiving the newsletter.
The newsletter can be cancelled at any time using the “Unsubscribe link”.
HELLO STAGE provides information in the newsletter about current topics and news in connection with the homepage and the platform.
7. Data protection
As part of registration all users are under an obligation to transmit various types of personal data (i.e. personal information, e.g. name, date of birth, address, e-mail address, profession, area, etc.). The mandatory information can be viewed by other users at any time without restrictions.
Furthermore users can also make additional voluntary statements and provide information (e.g., professional experience, education, references) which allow other users to gain a better impression and an indication of their qualifications.
By registering on the homepage and by providing voluntary data, users provide their express consent for HELLO STAGE to process and use this data for its own purposes and to make it available to other users. HELLO STAGE is authorised in particular to use, process and save the data received during registration above all within the scope of accounting, user administration, user support and for marketing for its own purposes and for system access control and administration of user IDs for the data applications and for general user administration.
HELLO STAGE will not forward the personal data received via the homepage and/or the platform to third parties or make it accessible to users who have not yet registered, unless a user authorises HELLO STAGE to do so (see e.g. 7.5.). Individuals who have no right of usage will not have the data provided by users available to them, although users are free to make their data and profile public, i.e. also accessible to unregistered visitors to the platform/homepage.
By registering on the homepage users provide their express agreement to the following provisions on payment processing: HELLO STAGE uses the payment information transmitted, such as credit card data or PayPal data, for payment. HELLO STAGE works with paymentprovider Viveum/Ogone to process payments, which has the corresponding required certifications. HELLO STAGE provides the payment and personal data required to process payments to the payment provider. The payment provider uses this data as required to process payments and transmits it as required to the corresponding banks for processing financial transactions. The payment data provided by the user is saved by HELLO STAGE and/or the payment provider in order to guarantee seamless processing of payments and also an extension to the agreement, if desired. The payment data is deleted upon termination of the agreement.
HELLO STAGE guarantees that it will handle personal data in a prudent manner and use it in accordance with the statutory data-protection provisions.
Users are entitled at any time to revoke the consent for their data to be used and processed by closing the profile and terminating the contractual relationship with HELLO STAGE.
Use of ‘cookies’: HELLO STAGE is permitted to use ‘cookies’ and similar technologies in order to improve and develop the website and be able to recognise the user on a continuous basis. These can be controlled via the browser settings and other technical means. The user agrees to the use and placement of ‘cookies’.
The user acknowledges that if the user visits or leaves the homepage (e.g. by clicking on a link), HELLO STAGE automatically receives the URL of the website from which the user came or of the site to which the latter is forwarded. HELLO STAGE also receives the Internet protocol address ("IP") of the user’s computer or of the proxy server with which the user accesses the Internet, along with information on the computer’s operating system and the web browser used (likewise including the name of the Internet service provider or mobile operator with the use of mobile devices).
The user acknowledges and agrees that ‘Google analytics’ will be used within the scope of this platform. Information on the ‘Google analytics’ platform: http://www.google.at/intl/de/analytics/
The place of performance is the registered office of HS US, LLC as stated in Company Information.
The place of jurisdiction is the relevant court of the State of Delaware, USA.
The agreement is governed by the laws of Deleware. Any application of international private law and of the United Nations Convention on the International Sale of Goods is excluded.
HELLO STAGE reserves the right to amend these T&Cs at any time for any reason whatsoever. HELLO STAGE will notify users of amendments to the T&Cs and alert them to their subsequent right of objection (together with the time period). Unless the user objects to the applicability of the new T&Cs within six weeks following the notification, the amended T&Cs will be deemed to have been accepted and agreed to by the user.
In the event that individual regulations in these T&Cs are or become invalid this will not affect the validity of the remaining regulations.
In the case of inconsistencies in the English translations of the general terms and conditions, only the German version and text is authentic and shall be legally binding.