Terms and Conditions
1. General and Definitions
- These terms and conditions (“Terms”) constitute an agreement between you as the End-User and Stagecast AB (reg. 559070-8425), a company incorporated under the laws of Sweden (“We”). We provide an app, app integration or website for live interaction during Events. These terms of service shall apply to all End-Users using the Service (“you”).
- “App” means the web-based audience response system developed and provided by Stagecast in which the Event Organizer creates online Interactions that the Audience participate in via their computers or mobile devices. The results are shown in real time. The "App" is accessed via the Android or iOS Stagecast Application, an integration inside of third-party mobile applications, on the Stagecast Website via any internet browser or on third-party websites via an internet browser.
- “End-User” means the individual using the Service offered via the App.
- “Event” means a concert, theater, film, sports event, festival, show, presentation or other type of cultural event.
- “Moment” means an activity during an Event which you can actively participate in via live interactions, such as quizzes, votings or selfie collages.
- “Organizer” means an Event organizer, Sports club or Event Advertisement Rights Holder.
- “Performer” means an individual, a group of individuals or a company to which the individuals have transferred or licensed their performing rights regarding the live interaction services offered through the App.
- “Private Content” means the photos, videos and messages that you take during an Event.
- “Public Content” means the photos, videos and messages that you take during an Event for further use by other End-Users and the Performer.
- “Rights Holder” means the copyright holders associated with an Event.
- “Service” means the live interaction services before, during and after an Event as offered by Stagecast through the App.
- “Venue Owner” means the party offering the Event space.
2. Acceptance of Terms
- We reserve the right to modify these Terms at any time in our sole discretion. We will notify you by e-mail 30 days in advance of any changes taking effect and also post the updated Terms on the Website. Your continued use of the Service after such notification constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use the Service.
3. The Service
- The purpose of the Service is to facilitate the communication and interaction between End-Users and Performers, Organizers, Rights Holders, Advertisers and Venue Owners before, during and after an Event. The live interactions called Moments may for example consist of messages, photo and/or video streams, filters, light show participations and polls. During an Event, End-Users may upload photos and/or videos to a photo stream which may be made available for all End-Users participating in the same Moment. Photos taken by End-Users using the Service at an Event will be combined into an interactive timeline, thereby creating a so-called Stagecast of the Event.
- It is voluntary for End-Users to participate in a Moment. An End-User participates by opening the App at an Event.
- A Performer may at its sole discretion choose if and what kind of interactions it wants to invite the End-Users to.
- Premium services, such as sales of merchandise, may from time to time be made available as part of the Service. More information will in such case be provided in the App.
4. Access Rights
- In order for us to facilitate the Service, you grant us the right to use the processor, bandwidth, storage, location service, camera, microphone, speaker, flashlight, screen, accelerator and vibrate function on your device, as well as send you push notifications.
- You further agree that we and our business partners may provide advertisement and other information to you as part of the Service.
5. Public Content
- By uploading Public Content, you transfer ownership rights including all intellectual property rights to Stagecast. You will have no ownership or any other claim to the Public Content once the transfer is made under these Terms. You acknowledge and agree that you have no right to compensation for the Public Content.
- By uploading the Public Content, you decline all moral rights that you may have to the Public Content, including the right to be named, as Stagecast makes the Public Content available to the public, transfers or licenses the Public Content to Performer’s on another third party, uses it in collaboration with partners or for marketing, in all media and in all countries.
- The End-User warrants that Public Content uploaded to the Platform is free from any third party dependencies or third party rights and that the End-User has the right to transfer ownership and all intellectual property rights to Stagecast. Consequently, the End-User warrants that Stagecast or Stagecast’s customers’ use of the Public Content will not infringe any third-party intellectual property rights.
- The End-User warrants that Public Content uploaded to the Service is in compliance with applicable laws and regulations.
- If the End-User is notified of or otherwise becomes aware of any claims related to the aforementioned warranties, the End-User shall immediately inform Stagecast thereof and shall assist Stagecast in any actions that Stagecast shall see fit to take.
- Further, you represent and warrant that the posting and use of your Public Content does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and the posting of your Public Content does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person because of Public Content you post on or through our Service.
7. Termination of Accounts
- You may terminate your use of the Service and close your account at any time. These Terms will apply until your account has been closed. Information on how to close your account can be found in the App, or send us an email to firstname.lastname@example.org.
- We reserve the right, in our sole discretion, to terminate your account and your right to use the Service without liability for any damages in relation to you.
- For Private Content, your material and account data will be deleted by us upon the deletion of your account. We will not retain any such information once your account has been closed.
- The Service is only available to individuals who can enter legally binding contracts. Consequently, the Service is not available to anyone under the age of eighteen (18) years old unless agreed to by a parent or legal guardian.
- We disclaim any liability related to the use of the Service by anyone under the age of eighteen (18).
10. User Responsibilities
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are solely responsible for Public Content communicated or transmitted through the Service and your account. Public Content includes for example text, pictures, sounds, data, video and links. You undertake to comply with the Terms and any applicable guidelines. Further, you may only use the Service in accordance with applicable law or regulation. You may not use the Service in a way that causes us or a third-party harm.
- Your account is for your own use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.
- In the event a photo that you wish to post depicts one or more individuals, it is your responsibility to ensure that you have collected the consent by such individual(s) prior to your posting of the photo.
- You agree not to communicate or publish information (including but not limited to text, pictures and video) that infringes or violates someone else’s right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation). You may not use any part of the Service for marketing purposes or other solicitation. By posting content to the App, you represent and warrant that public posting and use of your content will not infringe or violate the rights of any third party and that the posting is in accordance with all applicable laws and regulations.
- We reserve the right to, without prior notice and without compensation, remove any material that we find obscene, contains inappropriate material and/or in any other way could violate the Terms, Swedish law and/or may infringe someone else’s intellectual property rights.
- You may not copy the contents of the Service and the App, including Moments of Performers and other users, and you are prohibited from using any technology, method, or scheme to reproduce or mirror all or any portion of the Service and the App, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the Service and the App.
- The marks and trademarks “Stagecast” and the Stagecast logo are marks owned by us. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing on the App are the properties of their respective owners. You acknowledge the rights of us and the respective third parties in those marks and that you may not copy or use any of these marks, logos, or trade names without the prior written permission of the owner.
- You warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
11. No Warranty
- The app, the service, the information and materials contained and made available through the app and the service, including moments, text, graphics, information, links, or other items are all provided "as is" and "as available”.
- Stagecast does not: a) guarantee the accuracy, completeness, or usefulness of any information provided in the app, through the service or through the performer’s services, or b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any performer, organizer, rights holder or venue owner through our app or service. stagecast does not warrant that your use of the service will be secure, uninterrupted, safe, always available, error-free or will meet your requirements, or that any defects in the service will be corrected. in addition, stagecast makes no representation or warranties of any kind whether express or implied regarding the suitability and credentials of any performer.
12. Limitation of Liability
- Stagecast will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, arising out of or in any way connected with the service. You expressly agree to hold stagecast harmless for any claim, controversy, or damages that may arise from any dispute between you and any other end-users or third parties.
- Stagecast’s aggregate liability is limited to the price paid by you for the service. Stagecast expressly excludes all liability to any third party.
- You agree to indemnify, defend, and hold harmless stagecast from and against all claims, losses, expenses, or demands of liability, including but not limited to reasonable attorneys’ fees and costs in connection with any claim arising out of your use of the app or the service and your violation of these terms.
14. Terms Applicable to End-Users Using iOS
- You acknowledge and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, upon the End-User’s acceptance of the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against the End-User as a third-party beneficiary there of.
- Apple Inc. will not provide any support.
- In the event of any third party claim that the software infringes a third party’s intellectual property rights, Stagecast, not Apple inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Apple inc. will have no warranty obligation whatsoever or obligation to pay damage under the terms.
- You agree that we may communicate with you by sending electronic mail to the e-mail address you have registered with us or by providing information to you through our App, regarding these Terms, the Service, customer service matters, or any other communications related to your use of the Service. You agree to make sure that the e-mail address you have registered with us is accurate.
- You may not assign or pledge your rights and obligations under these Terms to any third party except with the prior written consent of us. We reserve the right to assign our rights and obligations under these Terms without notice to you or your consent.
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary and the Terms shall otherwise remain in full force and effect and remain enforceable between the parties.
- The contents of these Terms shall supersede all previous written or oral commitments and undertakings.
- This Agreement shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.
- Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with Stockholm’s district court (Stockholms tingsrätt) as the court of first instance.
16. Contact Information
If you have any questions regarding these Terms, or any question, complaint or claim with respect to the software, please contact us at:
Org. nr: 559070-8425
Linnégatan 89c, 115 23
If our help was not satisfactory, you can get assistance via www.stagecast.io