GENERAL TERMS AND CONDITIONS
the online platform www.webstagemusic.com
1 Object of use
(1) Linkplicity GmbH, Donaufelder Straße 6/6, 1210 Vienna (hereinafter referred to as 'Linkplicity') operates an online streaming platform (hereinafter referred to as 'Online Platform,' “Webstagemusic”) under the domain www.webstagemusic.com (or any successor domain) for the purpose of organizing and providing live audiovisual concerts (hereinafter referred to as “livestream”) of artists, artist groups or concert providers (hereinafter referred to as “concert provider,” ”he,” ”she,” “his,” “her”) to end customers (hereinafter referred to as “ user,” “viewer,” “audience,” “customer”) via streaming worldwide.
(2) The subject of these General Terms and Conditions (GTC) is the regulation of the use of this online platform for such live concerts by concert providers and end customers, including the sale of tickets for such by concert providers to end customers.
2 Rights and duties of the artist
2.1 Use of www.webstagemusic.com
(1) The concert provider shall use the online platform exclusively for the purposes stated in items 1(1) and 1(2).
(2) For this purpose, the concert provider must first create an account for general registration. The following information must be entered for this purpose:
(3) After confirmation of these GTC by the concert provider, the concert provider can create an individual concert provider profile and also link it to his or her social media accounts. The concert provider profile serves the artist for the administration of his presence on the online platform and his or her activities on www.webstagemusic.com.
Components of the concert provider profile are:
(4) The concert provider is obliged to provide truthful and complete information when registering; he or she is responsible for keeping his or her personal access data confidential and not making it accessible to any unauthorized third party. The concert provider is responsible for all activities carried out via his or her profile, no matter by which persons these are carried out and in which actual or legal relationship he stands to them. He or she is obliged to take all necessary and useful steps to ensure that his or her access data is kept secure and not accessible to any unauthorized third party; he or she will inform Linkplicity immediately if there is reason to be concerned that a third party has gained knowledge of his or her access data or has used it in an unauthorized manner or if such use is likely.
(5) The concert provider is obligated to keep all entries for the administration of his or her profile up to date and to inform Linkplicity immediately of any changes.
(6) The concert provider is obliged to refrain from any improper use of the website www.webstagemusic.com and his or her profile on this website, in particular such uses that impair the operation of the website of Linkplicity, endanger public order and safety, violate the rights of third parties of any kind whatsoever or violate applicable laws or morality. All entries or uploads are to be designed in such a way that such improper use is prevented.
(7) The concert provider will refrain from doing anything that could harm the good name and/or reputation of Linkplicity.
2.2 Live streaming and ticket sales at www.webstagemusic.com
(1) The concert provider has the possibility to announce a livestream with his or her concert provider profile and states the genre, date, the program with the programmed works including copyright designations as well as the available ticket categories and their prices. The publication of an announcement must be approved by Linkplicity in writing (e-mail is sufficient).
(2) The ticket categories can be defined by the concert provider, whereby in addition to standard tickets that entitle the end customer to call up the live stream, ticket categories can also be defined in which viewers are allowed to request titles or a mention is made as sponsors of the event.
(3) The ticket price must be at least 5 (five) Euros and may not exceed 400 (four hundred) Euros. The applicable VAT rate (currently 5% or 0% if not subject to VAT) is indicated by the artist when attaching the concert announcement. The ticket prices indicated on the website are inclusive of VAT.
(4) The viewers have the option to purchase tickets of the livestream via www.webstagemusic.com. The purchase price is paid via a payment service provider using a credit card or another secure online means of payment; Linkplicity is free to choose the service provider and the means of payment. Only viewers who have purchased a ticket for the respective livestream will be able to watch and listen to the livestream and, if applicable, chat with the artist.
(5) The conclusion of the contract with the end customers takes place directly between the concert provider and the end customers. Linkplicity acts only as an intermediary of the offer and online platform operator.
(6) The concert provider acts in his or her own name as well as on his or her own account and at his or her own risk when selling tickets and performing the livestream on Linkplicity's website. The concert provider is the primary contact for interested parties and end customers regarding all aspects of processing and fulfillment in connection with the offered services, unless the contracting parties have expressly agreed otherwise.
(7) If an end customer books a ticket for a Livestream Concert of the concert provider via the online platform of Linkplicity, the end customer will be notified of the booking by Linkplicity on behalf of the concert provider via an automatically generated email. The execution and the further processing and fulfillment of the service takes place exclusively between the concert provider and the end customer. Paid tickets can be canceled up to three days before the start of the concert, an upgrade to a higher ticket category is possible at any time.
(8) The concert provider may specify a minimum amount of proceeds from ticket sales when creating the event announcements. If the proceeds remain below this amount, he is entitled to cancel the concert without further justification; in this case, the reservations will be canceled; the paid purchase prices will be transferred back to the end customers with deduction of transfer fees. The same applies to justified cancellations by the artist for other important reasons (e.g. illness). In case of cancellation of a concert without a credible important reason, Linkplicity can block the artist on the website for future livestreams.
(9) The concert provider is fully responsible for the execution of the livestream and bears all costs and expenses for this. He or she receives a test link under which he or she can test the quality of the stream.
(10) During the concert, a chat function is available; spectators can also transfer 'tips' in addition. Paid tickets can be canceled up to three days before the concert begins. An upgrade to a higher ticket category is possible at any time. There is no right of cancellation under the Distance and Out-of-Home Transactions Act.
(11) In case of justified cancellations or interruptions of livestreams, Linkplicity will endeavor to repeat the event at a later date in coordination with the artist.
3 Rights and obligations Linkplicity
(1) Linkplicity provides the concert provider with the online platform for offering and selling tickets and for broadcasting the online live concerts via livestreaming.
(2) Linkplicity is responsible for the website operated under the domain www.webstagemusic.com and the online platform operated there. However, it is not itself a service provider with regard to the products and services offered and presented, but only serves as a platform for the offers, presentations and performances of the artist.
(3) Linkplicity is entitled to compile statistics on all aspects of the purchasing behavior of website visitors or purchasers, in particular the frequency and frequencies with regard to the access or retrieval of individual products and services and/or the website or subpages as well as the purchase of individual products and services, in compliance with data protection regulations, and to reuse them anonymously.
(4) Linkplicity is entitled to contact visitors to its website or buyers of products and services offered on its website in any way possible, in particular to inform them appropriately in (regular) newsletters about the products and services offered on the website, events, promotions and special offers, as well as about the artists' and concert providers' activities with regard to the online platform and Linkplicity. Linkplicity is entitled to advertise the products and services offered on its website as a whole, individually or by product category, as well as the offering Artists and concert providers in relation to the products and services offered, in all media, in particular on the Internet (in blogs, social media, etc), on the radio and in the press, as well as in all other possible ways, through advertising placements, storytelling, interviews, interview placement, as well as all other common advertising and PR means. Linkplicity is also entitled to involve third party advertising and marketing partners with regard to the advertising and marketing measures described above, to enter into advertising and marketing cooperations or to promote the sales of the products offered on its website in any other way through or via third parties. All this, however, limited to the advertising of the activities according to Sections 1.1. and 1.2.
(5) Linkplicity reserves the right to change, supplement, temporarily or permanently shut down, delete or temporarily or permanently cease publication of the website and/or individual sub-pages and/or the entire product and service offering without separate notice. In particular, Linkplicity is also entitled not to put individual concert announcements online if they do not comply with legal regulations and/or the moral or artistic claims of Linkplicity.
(6) In the case of a use in the sense of Section 2.1.(6) Linkplicity reserves the right to temporarily or permanently block and/or delete the entries and/or the profile of the concert provider or to change the content accordingly. Linkplicity will inform the concert provider in such a case without delay and give him or her the opportunity to comment on it and to clear up the grievances in the short term. In case of imminent danger or obvious infringement, Linkplicity may refrain from informing the concert provider, but this must be done in a timely manner.
(7) Furthermore, Linkplicity will also refrain from doing anything that could harm the good name and/or reputation of Linkplicity.
4 Charges and billing
(1) The online placement of an concert provider's profile and the announcement of the live stream concerts that are the subject of the contract are free of charge for the artist.
(2) Linkplicity receives a share of 25% from each ticket sold by the artist via the Online Platform and from 'tips' for the contractual services (operation, support and maintenance of the website, provision of the streaming service and the provision and integration of the payment service provider).
(3) Each end customer will automatically receive an online invoice for the purchased ticket or a given tip on behalf of the artist through Linkplicity via the Online Platform. The artist will receive electronic copies of online invoices sent to viewers. After complete performance of a Livestream Concert, Linkplicity will transfer to the artist the sum of the proceeds (ticket sales and 'tips') less Linkplicity's participation in the amount of 25%, issuing an online invoice. Furthermore, the concert provider will receive the videos of the livestream for download.
(4) If the proceeds remain below the minimum amount specified by the concert provider in the announcement of the livestream concert and the concert provider cancels the livestream (see item 2.2 (8)) or if the concert provider cancels the livestream for another important reason or if the livestream has to be canceled for technical reasons (see item 2.2 (11)), the purchase price will be transferred back to the end customers with deduction of transfer fees. This applies accordingly to any withdrawal of the purchaser of a ticket (Section 2.2 (10)) and in the case of unjustified non-performance of an announced livestream concert. The artist will not receive any payments in this case.
5 Intellectual property rights
(1) The concert provider grants Linkplicity the non-exclusive and non-transferable, but temporally and spatially unlimited (worldwide) royalty-free license to publicly reproduce, in particular to make available, the online live concert organized by the concert provider to the public in whole or in part (excerpts) via digital networks of any kind by way of streaming or a successor technology (§ 18a UrhG), and to make the necessary reproductions for this purpose.
(2) The granting of rights according to the previous paragraph applies accordingly to the concert provider profile created by the concert provider, including all texts, biographies, images. (2) The granting of rights according to the preceding paragraph applies accordingly to the concert provider profile created by the concert provider, including all texts, biographies, illustrations, photographs and photographic works (databases), with the provision that the permission of use granted to Linkplicity is also unrestricted in terms of content and includes in particular reproduction, distribution, broadcasting, making available and other public reproduction, editing and other modification. All this, however, is limited to advertising as well as marketing and PR purposes for Linkplicity's activities to a reasonable extent. This includes the right to one's own image and all other personal rights of the concert provider (right of publication, protection of correspondence, general personal rights, etc.).
(3) The granting of rights pursuant to the preceding paragraphs shall also include the recording (reproduction) and permanent storage for archiving and documentation purposes as well as for (time-delayed) use within the meaning of the second paragraph.
(4) In all other respects, all rights shall remain with the concert provider, unless expressly agreed otherwise.
(5) The concert provider warrants that he is entitled to the aforementioned rights and that he or she is entitled to freely dispose of them. Furthermore, the concert provider warrants that he or she does not infringe any intellectual property rights and/or personal rights and/or other rights of third parties whatsoever through the online live concert that is the subject matter of the contract, or that he or she has demonstrably acquired such rights to the required extent and is entitled to transfer them to Linkplicity.
(6) In the case of ensembles and bands, the concert provider shall in particular also warrant that the (registered) person acting on behalf of the ensemble is solely authorized to negotiate and conclude contracts, irrespective of the legal form chosen for the ensemble, whereby this person shall in any case have unlimited personal liability. The same applies if the concert provider acts as an organizer and does not himself appears in the livestream concert.
(7) The concert provider further guarantees that his or her online live concert does not contain any advertising (product placement, etc.) for third parties.
(8) The concert provider shall indemnify and hold Linkplicity harmless with respect to the warranty set forth in paragraphs 5 to 7. In the event that third party rights are asserted, the concert provider shall assist Linkplicity in defending such claims in every possible way, make all necessary declarations and provide documents of any kind, in particular contracts and confirmations. Linkplicity, for its part, undertakes to inform the artist without delay in the event of an assertion of third party rights.
(9) The foregoing warranty of the artist does not extend to the required copyright permission in relation to the streamed musical works (with and without lyrics), which is obtained by Linkplicity from AKM and austro mechana, to the extent that these are administered by collecting societies, which is generally not the case in particular for moral rights and/or adaptations and arrangements. This, however, only to the extent of the license granted to Linkplicity in each case, which currently only covers live audiovisual concerts without an audience, whereby the program may not include more than 15 musical works (with and without lyrics). The right to make changes is expressly reserved. For all copyrights not covered by the license granted to Linkplicity, the warranty by the artist regulated in the preceding paragraphs applies accordingly.
6 Warranty and liability
(1) The concert provider is solely responsible for all content, its legality, correctness, completeness and/or up-to-dateness, which he or she provides via the Linkplicity website, in particular by means of livestream, both towards Linkplicity and towards third parties, and holds Linkplicity - without prejudice to Section 5 - fully harmless and without complaint for this.
(2) Linkplicity does not assume any liability for products and services that are purchased from the concert provider or used by end customers of the Linkplicity online platform. In this regard, a legal relationship exists only between the end customer and the concert provider. In particular, the concert provider indemnifies and holds Linkplicity harmless against all claims directly or indirectly related to the execution and fulfillment (including the reversal) of contracts.
(3) Linkplicity assumes no liability for the content of linked third-party websites. For the use of these linked websites, only the conditions, guidelines or statements published there apply.
(4) Linkplicity is liable within the legal framework only for intent and gross negligence. Linkplicity assumes no liability for direct or indirect damages including consequential damages of the artist or third parties, in particular due to technical problems, server malfunction, blocking or failure, loss of data, transmission errors or other reasons that may arise in connection with the use of the website www.webstagemusic.com.
(5) In all other respects, the statutory liability provisions shall apply.
7 Secrecy and data protection
(1) The contracting parties shall treat as confidential and keep secret from third parties all information and documents, in particular trade and business secrets, which come to their knowledge in connection with this contractual relationship and which are not generally known, also and to the extent that they relate to third parties. Trade secrets also include technical know-how, operating methods, security measures, sales, finances and special marketing measures (hereinafter collectively referred to as 'Information').
(2) The obligation to maintain secrecy pursuant to subsection 1 shall not apply if and to the extent that the party subject to the obligation to maintain secrecy proves that
(a) the information in question was in the public domain, i.e. published or generally accessible, at the time it was obtained; or
b) became apparent after obtaining it through no fault of the party, or
c) were already known to the party at the time of obtaining or
d) have been made public by third parties in a lawful manner after obtaining them, i.e. without breaching a duty of confidentiality.
(3) Furthermore, the obligation to maintain secrecy shall not apply to information that must be disclosed due to official or court orders or legal obligations. The parties shall agree on such measures among themselves without undue delay.
(4) Compliance with this confidentiality obligation shall survive the effective period of these GTC.
(5) The contracting parties undertake to strictly comply with all applicable provisions of data protection law and shall furthermore take all measures within their business relationship that are prescribed and appear necessary to protect the interests of the respective other contracting party under data protection law.
8 Effectiveness, termination and amendment of the GTC
(1) Linkplicity bases its business relations with the concert provider exclusively on these General Terms and Conditions; therefore, they constitute the entire content of the contract, notwithstanding any special agreements recorded in writing. Other terms and conditions of the concert provider are not recognized unless expressly agreed in writing.
(2) The right to amend these GTCs is expressly reserved. The changes to the terms and conditions apply to all contracts concluded or otherwise communicated to the concert provider after the publication of the same.
(3) In any case, these GTC become effective with their explicit acceptance by the concert provider; however, they are also considered accepted if the concert provider, aware of these GTC, opens an Account according to Section 2.1 (2) and/or makes uses in the sense of Section 1. Thus, a contractual relationship is established between the concert provider and Linkplicity for an indefinite period of time with respect to the object of use described in Section 1 of these GTC.
(5) The contracting parties may terminate the contractual relationship prematurely in writing with immediate effect if one of the contracting parties commits a material breach of contract and the breaching contracting party does not completely remedy the breach of contract despite a grace period of 14 days. The setting of a grace period may be waived if this is unreasonable for the other contracting party due to the seriousness of the breach of contract and/or if it is impossible or refused to remedy the breach.
9 General provisions
(1) All indemnities and actions under these GTC shall be understood to include the reasonable costs of an extrajudicial and/or judicial legal defense.
(2) No provision of these GTC shall be construed as creating any kind of corporate or employment relationship.
(3) The transfer of rights and obligations under these GTC by the artist to third parties requires the prior express written consent of Linkplicity.
(4) Notifications provided for in these GTC or in the law shall be sent by e-mail to the e-mail addresses of the contracting parties last disclosed.
(5) These GTC shall be governed by Austrian law to the exclusion of its conflict of law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contracting parties agree that the court with subject-matter jurisdiction in Vienna, Austria shall be the place of jurisdiction for legal disputes arising out of or in connection with these Terms and Conditions.
(6) Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the remaining terms and conditions. These provisions will be automatically replaced by valid and enforceable ones that achieve the intended purpose as well as possible.