Terms of use of the online platform at www.webstagemusic.com

1 Welcome to www.webstagemusic.com

Www.webstagemusic.com (hereinafter referred to as “we,” ” us,” “our,” “Webstagemusic“) is an online streaming platform of Linkplicity GmbH, Donaufelder Straße 6/6, 1210 Vienna (hereinafter referred to as Linkplicity), for the purpose of organizing and providing live audiovisual concerts (hereinafter referred to as “livestream”) of artists or artist groups or concert providers (hereinafter referred to as “concert providers”) to end customers (hereinafter referred to as “you,” “ user,” “viewer,” “audience,” “Consumers”) via streaming worldwide. You can purchase tickets to livestream concerts of numerous artists via Webstagemusic and watch the live stream concert.

Linkplicity GmbH offers IT services and is registered under FN 498320z in the commercial register of the Commercial Court of Vienna. You can reach us at the address Donaufelder Straße 6/6, 1210 Vienna, or by e-mail at [email protected].

The subject of these Terms of Use is the regulation of the use of the online platform www.webstagemusic.com as an end customer. If you would like to register as an concert providers on www.webstagemusic.com, please note our Terms and Conditions for concert providers at https://webstagemusic.com/general-terms.

All terms and conditions of your contractual relationship with Linkplicity are available for download and storage on the website https://webstagemusic.com/terms-of-use. The contract language is German.

2 Technical requirements for use

(1) In order to use www.webstagemusic.com, you must have Internet access with the necessary bandwidth to access and stream electronic services and media. The costs of the Internet data traffic lie exclusively with the user and depend on your contract with the service provider (access provider).

(2) The use of www.webstagemusic.com requires a technical device (such as a PC, tablet, smartphone) including software (browser) with which content can be accessed via the Internet.

3 Registration at www.webstagemusic.com

(1) A visit to the online platform is generally possible without registration.

(2) In order for you to use the services of the online platform as an end customer, you must create an account for general registration and provide us with the following information:

  • Username
  • E-mail address
  • Password
  • Payment data (card or bank account data, name of the holder, country or region)

(3) You are obliged to choose a secure password, to keep your access data secret and to protect it from unauthorized access by third parties. Misuse or unauthorized use must be reported to Linkplicity immediately in writing.

(4) The specification of an E-mail address and payment details is sufficient if you only want to watch a one-time livestream without chat and tip. You can add username and password to this preliminary user profile latter.

4 Ticket sales and livestream concerts

(1) The concert provider has the possibility to announce a livestream concert on his concert providers account, indicating the genre, date and program as well as the available ticket categories and their prices.

(2) The ticket categories are determined by the concert provider himself, for example, in addition to standard tickets that entitle you to call up the live stream, ticket categories can also be determined in which the viewers may request songs or a mention is made as sponsors of the event. However, the concert provider is not obligated to comply with any wishes of the audience (for example, if the desired song does not fit into the repertoire).

(3) The ticket price is determined by the artist, but must be at least 5 (five) euros and may not exceed 400 (four hundred) euros. The ticket prices stated on the online platform include VAT (currently 5% or 0% if not subject to VAT).

(4) You have the possibility to buy tickets of the Livestream concerts via www.webstagemusic.com. The purchase price is paid via a payment service provider using a credit card or another means of payment offered on www.webstagemusic.com. The first time you make a purchase, you will be asked to enter your credit card or bank account details (card details, bank account details, name of the holder, country or region). By clicking the '<amount> pay' button, where <amount> is the price of the ticket you purchased in Euros, the purchase is completed and you agree to Linkplicity charging the specified card for this and future payments according to their terms. For all future purchases, you can switch to another means of payment and go through the same process, or you can confirm the purchase by clicking the 'Buy Binding' button using the current means of payment.

(5) Only viewers who have purchased a ticket for the respective livestream can watch the livestream and chat with the artists during it. Tickets purchased by you appear under the menu item 'My tickets'. Paid tickets can be canceled up to three days before the start of the concert by clicking the 'Refund' button. An upgrade to a higher ticket category is possible at any time. There is no right of withdrawal according to the Distance and Foreign Transactions Act.

(5) The conclusion of the contract for the ticket purchase and the execution of the livestream concert takes place directly between you and the concert provider. Linkplicity serves only as an intermediary of the offer and online platform operator.

(6) The concert provider acts in its own name and for its own account when selling tickets and conducting the livestream on the online platform. The concert provider is the primary contact for interested parties and end customers with regard to all aspects of processing and fulfillment in connection with the services offered. Once you have purchased a ticket, you can exchange messages with the concert provider under 'My tickets' using the 'Contact' button.

(7) If you have purchased a ticket for a livestream concert of an concert provider via our online platform or donated within the chat, you will be notified by us on behalf of the artist via automatically generated E-Mail about the booking and receive an invoice.

(8) When creating the event announcements, the concert provider can specify a desired amount that he expects as revenues. If the revenues remain below this value, he may cancel the concert without further justification, the reservations will be canceled in this case and the purchase prices will be transferred back.

(9) If you have purchased a ticket for a livestream concert, the online platform will provide you with access to the concert livestream on the specified concert date. We use a streaming provider for this purpose. All you need to do is log in to your account and click on the relevant concert under 'Your tickets'. During the concert, a chat function is available and spectators can also transfer tips.

(10) In case of cancellation of livestream concerts or in case of technical interruptions of the livestream, we will try to repeat the event at a later date in coordination with the concert provider. In this case, you have the option to watch the livestream concert at the later date or to cancel the ticket.

5 Cost

(1) The use of the online platform www.webstagemusic.com is generally free of charge.

(2) The purchase price of tickets for livestream concerts is determined by the concert providers themselves and is at least 5 (five) euros and a maximum of 400 (four hundred) euros. You will automatically receive an invoice from us via the online platform for the purchased ticket or the given tip on behalf of the concert provider. Webstagemusic is financed by a 25% commission on the ticket and tip income agreed between us and the artists. After the livestream concert, the amounts received will be transferred to the artist, deducting the share for Linkplicity.

(3) If a livestream concert is canceled because the revenue targets set by the concert provider were not reached (§ 4.8) or otherwise canceled or technically canceled (§ 4.10) or you canceled your ticket (§ 4.4), you will automatically be refunded the purchase price less transfer fees. Since we use an outside payment service provider, transfer fees in the amount of 3% of the ticket purchase price plus 25 cents will be incurred, which we cannot reimburse you for. All amounts are in euros.

6 Rights of use

The content transmitted via www.webstagemusic.com is legally protected, in particular by copyright and ancillary copyright. By purchasing a ticket for a livestream concert via our online platform, you acquire the right to watch the livestream concert online. A recording for re-publication or other exploitation of the livestream is not permitted and would have to be agreed separately by you with the artist.

7 Warranty and liability

(1) Linkplicity makes every effort to ensure the functions and proper operation of the online platform Webstagemusic. We do not guarantee that www.webstagemusic.com as well as the services provided via the website will function without errors or malfunctions at all times and that functional errors will be corrected within a certain period of time.

(2) We reserve 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 range of products and services without separate notice. In particular, we are entitled not to place individual concert announcements online.

(3) We are not liable for damages, including consequential damages, such as in particular loss or destruction of data, which you incur due to technical problems, such as in particular connection or transmission errors of the online platform, your browser or your communications service provider ('access provider'), in connection with the use of the online platform.

(4) As a platform operator, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legal provisions remain unaffected. In any case, liability in this regard only comes into consideration after knowledge of a concrete violation of the law. If we become aware of illegal content, we will remove it immediately.

(5) We are not liable for links to external websites of third parties over whose content we have no influence. This applies in particular to links made by the artists. The responsibility for the content of linked pages lies exclusively with the respective provider or operator of these pages. We have checked linked pages for possible legal violations at the time of linking. Illegal contents were not recognizable for us. A permanent control of the content of linked pages is not possible and without concrete evidence of violations of the law is also not reasonable. Should we become aware of such violations, we will immediately remove links to such sites.

(6) Linkplicity assumes no liability for products and services that you purchase or use on the online platform from third parties, especially from the artists. In this regard, a legal relationship exists between you and the artist (provider).

(7) In all other respects, the statutory liability provisions shall apply.

8 Data protection

The protection of your personal data is very important to us. We have implemented technical and organizational measures to protect your personal data and comply with all data protection regulations. For more information about data protection, please read our privacy policy (https://webstagemusic.com/privacy).

9 Effectiveness, termination and amendment of the Terms of Use

(1) These Terms of Use shall become effective upon acceptance of the Terms of Use and shall apply for an indefinite period of time.

(2) You have the option to delete your account at www.webstagemusic.com at any time and thus terminate the contractual relationship with us.

(3) We reserve the right to change or amend these Terms of Use at any time. We will notify you in advance of any intended changes or additions and set a 14-day deadline for you to accept the change or addition. If you do not accept the change or addition within this period, we are entitled to terminate the contractual relationship with immediate effect.

10 General provisions

(1) Notifications provided for in these Terms of Use or bylaw may be made by e-mail to the e-mail addresses of the contracting parties, provided that no mandatory statutory provisions prevent this.

(2) These Terms of Use conclusively regulate the legal relationships of the contracting parties. Any agreements concluded before or at the time of their conclusion, declarations made or other circumstances of legal relevance shall lose their validity upon the effectiveness of these Terms of Use.

(3) These Terms of Use are subject to 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 place of performance and jurisdiction for all lawsuits arising from a contractual relationship with Linkplicity GmbH is Vienna, Austria. Mandatory consumer jurisdictions are not affected by this.

(4) Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the remaining provisions. These provisions will be automatically replaced by valid and enforceable ones that achieve the intended purpose as well as possible.

11 Online dispute resolution platform

(1) Consumers have the possibility to submit complaints regarding this contractual relationship to the EU online dispute resolution platform: https://ec.europa.eu/odr.

(2) You may also submit your complaint directly to us at the following email address: [email protected]