PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AIRSTAGE® APP AND WEBSITE
Welcome to Airstage® brought to you by Airstage® Inc. In the following text, when we refer to a User we mean You – the individual, using our Services. These Terms set out important information regarding the rights, obligations, and restrictions that may apply to You as a User. Namely, when You access our Website and/or access, use or download the Airstage® App, App (or simply called App) available on Devices, and use any Services offered in conjunction with the App or Website. You should understand that by using our Website or by installing our App, You agree to be bound by these Terms. These Terms constitute a legal and enforceable contract between You and Airstage® Inc. If You do not agree with these Terms, abandon the registration process and do not use or install our Website or App. In the version of our App, a User may register as either an Artist, a Fan, or a Venue. For further information, please refer to the following definitions listed below:
We, us, our = Airstage®
You, your = Artist, Fan, or Venue
1.1. Airstage® The mobile and web services we offer to our users
1.2. Website Located at https://www.airstage.co
1.3. Airstage® App The Airstage® Mobile Application
1.4. Devices Smartphones and tablets, and/or computers – desktop or laptop
1.5. Artist User – musician, band, DJ, dancer, performer, etc. that can be booked to perform at an Event or supported
1.6. Fan User – an individual or business that can book artist/s to perform at an event or can follow artists
1.7. Event A happening, which involves the booking of an artist by a user to perform at an event for
1.8. Venue An in-door place where the Event is performed
1.9. (Total) Fee A Fee – The amount payable by the user to finalize the artists booking; constitutes of an Artist Fee plus a Service Fee
1.10. Artist Fee Equals the fee payable to the artist/s
1.11. Service Fee Equals the fee payable to Airstage®
- USER CONDITIONS
- Airstage® may update or amend these Terms at any time. Airstage® will communicate such changes to You.
- These Terms apply to You regardless of how you have accessed the Website and/or the App, and regardless of the state or territory, in which you live.
- AIRSTAGE® APP; LIMITED WARRANTY AND LIABILITY
- Although utilizable by experienced users, App is still being developed, tested, and evaluated. Airstage® App has not been released for sale, distribution, or any use by the general public.
- Airstage® App is provided to You “as is” without warranty of any kind, either expressed or implied, including, but not limited to, any warranty of merchantability, non-infringement, or fitness for a particular purpose. Use of Airstage® App is entirely at Your own risk and may void the warranty on your product. Should Airstage® App prove defective, You assume the cost of all necessary maintenance, servicing, or repair. It is therefore Your responsibility to take adequate precaution against possible damages resulting from the use of the Airstage® The app should under no circumstances be used on sensitive and/or valuable data. If You are in any doubt, please do not install and/or use the Airstage® App.
- To the maximum extent permitted by applicable law, Airstage® will not be liable to You for any damages arising out of the use or inability to use Airstage® App (including but not limited to loss of data or data being rendered inaccurate or losses sustained by You or third parties, or a failure of app to operate with any other programs). In no case shall Airstage®’s liability exceed the price you paid for using the Airstage® App, if applicable.
- We expressly state that the Airstage® App is not a final product and, as such, may contain various errors, defects, and it may be unstable. We do not recommend you install the Airstage® App unless You are an experienced user.
- NO TECHNICAL SUPPORT
Airstage® will not provide any technical support, maintenance, or any other services for the App. Still, if You experience issues and You would like to inform us about them, feel free to send us an email at firstname.lastname@example.org
- NO UPDATES
- COPYRIGHT LICENSE
You may not:
- Copy, modify, or distribute the App or Website for any purpose;
- Transfer, sublicense, lease, lend, rent, or otherwise distribute the App to any third party;
- Decompile, reverse-engineer, disassemble, or create derivative works of the App or Website;
- Make any features or functionalities of the App or Website available to multiple users through any means; or
- Use the Website or the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. We and/or our affiliates and licensors are exclusive owners of all rights, title, and interest, including all associated intellectual property rights, and we reserve any rights not explicitly granted in this Section.
You agree to provide Airstage® with feedback regarding the App consisting of, without limitation, Your suggestions, comments, or any other feedback, whether it is required or provided on a voluntary basis (Feedback). If You decide to provide Airstage® with any Feedback, as part of the testing and evaluation of the App, You agree that: (a) Airstage® may freely use, disclose, reproduce, license, distribute and otherwise commercialize Your Feedback in any Airstage® product, specification or other documentation; and (b) You will not give Airstage® any Feedback (i) that You have reason to believe is subject to any patent, copyright, or other intellectual property claims or right of any third party; or (ii) that is subject to license terms that seek to require any Airstage® product incorporating or derived from any Feedback, or other Airstage® intellectual property, to be licensed to or otherwise shared with any third party. Feedback can be provided by emailing us at email@example.com or by completing the survey that was shared with You in your welcome email sent by us.
- BOOKING, PAYMENT, AND CANCELLATION POLICY
- The booking of an artist to perform at an event is done by a user. Airstage® serves only as a mediatory facilitating this action. The booking agreement is solely a responsibility of the artist and user booking the artist and is thus negotiated between them.
- The booking of the artist can be done a minimum of three calendar days in advance of the desired event date. It is only possible when both parties have provided their payment card details, in order to be able to send and/or receive funds.
- The user, looking for an act to perform at an event, contacts the chosen artist directly by sending a booking request through the Book option on the artist’s Airstage® App profile. Airstage® is not to be held responsible for any arrangements regarding the event, duration of the performance, amount of fee, etc. being made between the artist and the user.
- In case additional demands or needs arise from any of the artist or user’s sides, such as but not limited to performance requirements, food & beverage, transport, backline, etc., these are to be communicated directly between both parties, using the chat facilities provided by Airstage®
- All additional arrangements, related in any way to the event, established in the chat communication between the user and artist are also deemed as part of the booking agreement and must, as such, also will be considered.
- On the Airstage® App, the booking of an artist by a user to perform at an event is deemed completed only if the following conditions are met:
- The user approaches the desired artist directly via the artist’s Airstage® App profile;
- The user sends the artist a booking request, listing all event details in regards to date, time, duration, location, and proposed fee;
- The user and artist discuss the booking request details for any questions that may arise or additional information may be needed;
- The user updates the discussed booking request details;
- The artist accepts the finalized user’s booking request;
Once the booking request has been accepted by the artist, saved on the system, and made visibly, amendments can still be made, however, cancellations may result in a penalty. Penalties and cancellations are discussed in more detail further in this policy.
- Users and artists fabricating event bookings, in order to get a better rating and status on the Airstage® App, are subject to temporary or permanent suspension from the App and Website services. Airstage® takes very seriously any form of falsification. Anyone discovered being involved in such activity will be penalized.
- Users and artists arranging and/or confirming event bookings outside of the Airstage® platform, in order to avoid paying Airstage® its due Service fee, are subject to temporary or permanent suspension from the App and Website services. While Airstage® cannot and will not force its services on anyone, it would only be artists and users’ loss not to take advantage of the opportunities Airstage®
- On the Airstage® App, once the artist accepts the booking request of the user and the booking is confirmed, the following occurs:
- The total amount of the fee outlined in the booking gets blocked on the user’s chosen method of payment three to seven calendar days prior to the event date (depending on the card issuer and how many days prior to the event the booking has been made).
- One calendar day after the event, Stripe (the third-party secure payment software integrated on our platform) transfers the funds, blocked on the user’s payment card used to complete the booking, to the respective recipients. Namely the artist, entitled to an Artist fee equaling 90% of the total fee amount, and Airstage®, entitled to a Service fee equaling 10% of the total fee amount. These fees are payable by the user initiating the booking.
- On the occasion when there are insufficient funds in the user’s payment card provided to confirm the booking, the user is obliged to either provide a new payment method or add funds to the existing one in the following 24 hours. Failure to do so for whatever reason will result in the booking being automatically canceled on the Airstage® The latter may result in a penalty for the user (discussed in more detail further in this policy).
- On the occasion when something goes wrong before, during, or after the event, both sides are entitled to open a dispute. Since Airstage® is not liable for any related arrangements done by the artist and user prior to the event, it is also not liable for any arising issues post the event. Matters of such kind are to be handled solely by the user and artist. Reasons for opening a dispute could be but are not limited to failure of both sides to keep an already agreed arrangement, mistreatment, misbehavior, misinformation, misrepresentation, etc. In cases when no resolution can be obtained and/or monetary claims are being made, please write to firstname.lastname@example.org and we will do our best to sort the situation neutrally and fairly.
- Generally, the artist and user (booker) are not allowed to cancel an already confirmed event booking. If they do, certain penalties may apply:
- Artist: If the artist cancels more than 7 calendar days prior to the event, it is the artist’s duty to find a suitable replacement act for the user. Only if successful and the substitute act is accepted by the user, there will be no penalty.
Failure to do so will result in a bad rating and review for the artist, which will have a negative effect and overall decrease the chance of appearing in our artist discovery searches on the Airstage® App.
As compensation to the user, Airstage® will recommend or attempt to provide a replacement artist for the already scheduled event.
If the artist cancels within 7 calendar days of the event date, this will result in a bad rating and review, weakened appearance in our artist discovery searches on the Airstage® App, as well as temporary or permanent suspension from all Airstage services.
The same applies in the case of a “No-show” or “Late arrival”. Airstage reserves the right to permanently suspend the artist from using all Airstage services if two or more “No-show” or “Late arrival” are associated with the artist’s Airstage® App account.
- User: If the user booking the artist cancels more than 7 calendar days prior to the event, it is the user’s duty to offer another performance to the artist in the following month. Only if the new event date is suitable and the artist accepts the new booking request, there will be no penalty.
Failure to do so will result in a bad rating and review for the user, which will have a negative effect and overall limitation of the searchability and discoverability options offered by the Airstage® App.
As compensation to the Artist, Airstage® will attempt to provide a replacement performance for the already scheduled event date.
If the user cancels within 7 calendar days of the event date, this will result in a bad rating and review, overall limitation of the searchability and discoverability options offered by the Airstage® App, as well as temporary or permanent suspension from all Airstage® services.
The same applies in the case when the booking has automatically been canceled by the system due to insufficient funds in the user’s payment card and failure to provide a new payment method. The user is deemed responsible in such a scenario.
Below you can see a recap of the aforementioned:
|More than 7 calendar days prior to the event date||Artist||The artist has to find a suitable replacement act for the user. Only if successful, and the substitute act is approved by the user, there will be no penalty.|
|Failure to find a substitute act – a bad rating and review for the artist, as well as weakened appearance in artist discovery searches on the Airstage® App.|
|User, booking the artist||The user has to offer another performance to the artist in the following month. Only if the new event date is suitable and the artist accepts the new booking request, there will be no penalty.|
|Failure to offer another performance to the artist – a bad rating and review for the user, as well as overall limitation of the searchability and discoverability options offered by the Airstage® App.|
|Within 7 calendar days of the event date||Artist||Or in the case of “No-show” or “Late arrival” – a bad rating and review, weakened appearance in artist discovery searches on the Airstage App, as well as temporary or permanent suspension from all Airstage ® services.|
|User, booking the artist||Or in the case of automatically canceled booking by the system due to insufficient funds in the user’s payment card – a bad rating and review, overall limitation of the searchability and discoverability options offered by the Airstage® App, as well as temporary or permanent suspension from all Airstage® services.|
We at Airstage understand that situations beyond our control do happen, such as Force Majeure’s situations. By definition, these can be: “Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in the law.” In case an artist or user cancels a confirmed event booking due to a Force Majeure situation, no penalties are to be applied.
- Airstage® App, any information relating to the testing progress and results, the Feedback, any product-related information, and any other proprietary technology or know-how provided to You in whatever form by Airstage® through its Website or in connection with testing and evaluation of the App, is confidential (Confidential Information).
- You will keep and ensure that any and all persons, firms, companies, or organizations associated with You also keep all Confidential Information confidential, and not disclose it to anyone unless permitted under this clause. This confidentiality obligation does not apply to the disclosure of Confidential Information which: (a) is or comes into the public domain, except through a breach of the confidentiality obligation under this clause; (b) comes lawfully into Your possession from a third party that is not bound by a confidentiality obligation relating to such Confidential Information; (c) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body, or any law, provided that You will promptly notify Airstage® in writing, or (d) is disclosed by You with Airstage®’s prior written consent.
- Under no circumstances may any information regarding the testing progress and/or results be provided to individuals who are not involved in the testing process. Any publication of version testing results, reviews, or evaluations is only permitted with the prior written consent of Airstage®.
- APPLE DEVICE USER
The following shall apply to You if You download and/or use the App on an iPhone, iPad, iPod Touch, or other Device provided by Apple, Inc. (Apple), or if You downloaded the App from Apple Inc. App Store (the App Store).
- You shall at all times use the App in accordance with the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation to provide any support or maintenance with respect to the App. We shall be responsible for any such support.
- Apple is not responsible for addressing any claims by You or any third party relating to the App, including but not limited to (a) product liability claims, (b) any claims that the App fails to conform to any applicable legal or regulatory requirement, or (c) claims to arise under consumer protection or similar legislation. Any such claims should be directed solely to us for a response.
- You acknowledge that this Agreement is between Airstage and You and that Apple is not a party to the agreement created by these Terms. Apple and Apple’s affiliates and subsidiaries, as the case may be, are third-party beneficiaries of these Terms, and, upon Your acceptance hereof, Apple may enforce these Terms against You in such capacity.
- By downloading the App, You acknowledge that You are not located in a country that is subject to any U.S. Government embargo or designated as a terrorist-supporting country, and further, You acknowledge that You are not listed on any U.S. Government list of prohibited or restricted parties.
- CODE OF CONDUCT
You are solely liable for any and all activity on Your account, whether or not You authorized such activity. You agree that:
- Any form of communication that is deemed abusive, culturally or ethnically offensive, defamatory, indecent, obscene, profane, racist, or contains sexually explicit content is strictly prohibited.
- Your use of our Services is consistent with any and all applicable laws and regulations.
- At any point during the event booking request through Airstage®, You will not attempt to “go outside the app” – arranging or confirming the booking outside of the platform in order to avoid Airstage® receiving its due Service fee.
- Your activity does not promote violence, terrorism, illegal acts, or hate speech on the basis of sexual orientation, gender, ethnicity, culture, or religion.
- You will not post, copy, reproduce, or distribute in any fashion copyrighted content or other proprietary information without the prior consent of the Content’s owner.
- You will not present Yourself on Airstage® as anyone other than Yourself or falsify Your identity in any way.
- You will maintain current and accurate contact information on Your profile. Airstage® may edit or remove any information at any time.
- Airstage® has the right, but not the obligation, to supervise and settle disputes between users.
- ENTIRE AGREEMENT
These Terms (together with the documents to which they refer) contain the whole agreement between You and Airstage relating to the use of the Airstage App and all the Services and supersede all previous agreements between You and Airstage relating to it. You acknowledge that in agreeing to these Terms You have not relied on any representation, warranty, or other assurance except those set out herein.