General Terms and Conditions
General Terms and Conditions
Revised as of August 1st, 2016.
THE WEBSITE ONSTAGE.IO (THE “SITE”, “ONSTAGE”, “WEBSITE”) AND RELATED PLATFORMS, PRODUCTS, AND SERVICES AVAILABLE ON OR FROM THE SITE (THE “SERVICES”) ARE OWNED AND OPERATED BY CODEBERRY, INC. (TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).
BY ACCESSING AND USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, OUR
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AGREEMENTS. IF YOU USE THE SITE AND THE SERVICES ACTING AS THE REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH INDIVIDUAL OR ENTITY WITH THESE TERMS AND CONDITIONS.
WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE OR THE SITE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY, TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.
1. Content Liability
You hereby acknowledge and agree that Onstage (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of User Content that you upload, post or distribute to, on or through the Onstage, and to the extent permissible by law, Onstage excludes all liability with respect to all Content (including User Content) and the activities of its users with respect thereto.
Onstage and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Onstage or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
2. Fees and Payments
- Service Fees. Certain parts of the Site and Services may be accessed and used without charge. For use of certain Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. Current fee schedules are available on the Site or in your Subscription Management. You are responsible for payment of all applicable fees incurred by your Site account. All fees due from you to us hereunder, including to the extent applicable, monthly subscription fees, annual subscription fees, recurring fees, annual renewal fees, applicable taxes, charge-back fees, resubmission fees, late payment fees, takedown fees, change request fees, and reinstatement fees, are referred to herein as “Service Fees”.
- Payment of Service Fees. You agree that we may charge all Service Fees to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in your Dashboard. You are responsible for the timely payment of all Service Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “Codeberry, Inc.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
- Charge-back Request. In case of a Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt the service provided to you until the Charge-back Request has been formally settled between Onstage and the Merchant Service Authority. This process may take more than a few weeks. If you are disputing any billing issues, Onstage encourages you to first contact Onstage Support to resolve such issues to avoid having the service for your account be interrupted on notification of a Charge-back. Onstage maintains the right to reject any service to you while a Charge-back Notice is pending investigation by the Merchant Service Authority.
3. Responsibility of Contributors
If you post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, 'Content'), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- Onstage does not claim any ownership rights in the Content, and you hereby expressly acknowledge and agree that the Content remains your sole responsibility;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within the Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Website.
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Onstage for inclusion on our Site, you grant Onstage a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Onstage will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Onstage has the right (though not the obligation) to, in Onstage’s sole discretion (i) refuse or remove any content that, in Onstage’s reasonable opinion, violates any Onstage policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Onstage's sole discretion. Onstage will have no obligation to provide a refund of any amounts previously paid.
4. Your Onstage Account
If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify Onstage of any unauthorised uses of your account or any other breaches of security. Onstage will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
5. Intellectual Property Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing us with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If we receive a copyright or complaint in relation to content you have on the Website that a third party claims violates their copyright, trademarks or other rights, we reserve the right to investigate and take down the complained of material including the right to disable your site on the Website while we investigate or in order to comply with a request from a third party.
6. Beta Software
From time to time, Onstage may post, publish, distribute, present for download or otherwise make available Beta versions or portions of its Site, Service or Software (“Beta Software”) for public use. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software you are encouraged, but not required, to identify potential errors and improvements (“Feedback”). You hereby grant Onstage the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Software, Site or Service and to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or your computer to malfunction or cause a loss of data. If you do not wish to accept these risks, please do not install or use the Service. Furthermore, Onstage is not obligated to correct errors or correct the effects of errors (e.g., fix your computer or recover lost data) or provide any technical support related to use of Beta Software. The current state of Onstage is Beta until further notice.
7. End User License
The Services and the information and materials that it contains, are the property of Onstage and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the Onstage name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.
You agree to defend, indemnify, save and hold Onstage harmless from any and all demands, liabilities, losses, potential losses, claims, costs and expenses (including attorney's fees), asserted against Onstage, its affiliates, subsidiaries, partners, agents, customers, officers, contractors, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you and any content you make available through the Service.
THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
We may, under certain circumstances terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to You or any third-party for any termination of Your access to removal of any of the materials uploaded by You through the Services.
We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice.
We cannot and do not make any representation or warranty concerning security of the communication to or from the services. Do not attempt to connect to the services using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
14. Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Onstage.
15. Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, United States, without giving effect to any principles of conflicts of law.
16. Excessive use of Bandwidth
Onstage does not place a cap on a customer's bandwidth use, or charge customers for the amount of bandwidth used, but reserves the right to take measures to address any customer's excessive use of bandwidth, which can negatively impact Onstage Services or its users.
Bandwidth use is considered to be excessive when it significantly exceeds the usage characteristic of a typical user of the Services. This will be determined by Onstage in its sole discretion.
If a customer’s use is deemed to be excessive, Onstage will make every effort to contact the customer and review the matter. However, where Onstage, in its sole discretion, determines that the usage potentially impacts Onstage ability to provide its Services or that its network resources need to be protected, it reserves the right to suspend or terminate service in response to a customer's excessive bandwidth use, without notice to the customer.
17. Bandwidth Management
Onstage reserves the right to monitor bandwidth, usage, transmissions, and content in order to identify violations of this Terms, protect the network and its users.
Onstage Sites Terms and Conditions
IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE, THE FOLLOWING ADDITIONAL TERMS (“ONSTAGE SITES TERMS”) APPLY TO YOUR USE OF ONSTAGE'S ONSTAGE SITES SERVICE (THE “ONSTAGE SITES SERVICE”, “ONSTAGE SERVICE”). CAPITALIZED TERMS USED HEREIN AND NOT DEFINED SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE ONSTAGE SITES TERMS, DO NOT USE THE ONSTAGE SITES SERVICE.
1. Description of Service
Onstage Sites gives musicians a way to effortlessly create and maintain a professional website. You must be a registered user of the Site to use the Onstage Sites Service. Additional information about the Onstage Sites Service is located on the Site.
2. Design and Hosting
We grant to you a limited, revocable, non-transferable and non-exclusive license to use the Onstage Sites Service website design and build tools to create, update, and maintain a personalized web site. We will make commercially reasonable efforts to host your web site in a secure environment and make your web site available to users with the same level of availability as our Site is made available to our members.
3. Getting Started
To use Onstage Sites, you must be a registered user. A free trial of Onstage Sites is included for a limited period of time, after which you can purchase a paid subscription to maintain access to the service. After the trial period ends, we will downgrade you to a free plan. Your content such as audio, projects, pictures, video links and pages will remain available, but with a limited accessibility.
When you create an account, we store your information in our database. Members that have purchased a subscription will have to provide a valid credit card. For security purposes we do not store your credit card information and use the highly secure service Stripe for all transactions. We do not share your provided personal information with any other organization unless we have your approval, or the information is required to investigate or prevent illegal activities, fraud, or violation of our terms of service. For more information about our data practices please see our
4. General Rules
When using the Onstage Sites Service you agree to the following:
- You are 18 years of age at the time you signed up or older.
- You will keep a valid email address associated with your account at all times.
- You will use a secure, unique password for your account, and will not share access or take any steps that may threaten the security of your account.
- You will not upload, post, email, transmit or otherwise make available (for example through links to external websites) any material that:
- Is unlawful, abusive, obscene, pornographic, libelous, invasive of another's privacy, hateful, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site or that of any users or viewers of the Site or that compromises a user’s privacy;
- Interferes with or disrupts the Onstage Sites Service or probes, scans, or tests the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Accesses, tampers with, or uses non-public areas of the service, shared areas of the service you have not been invited to, our (or our service providers’) computer systems.
- You are granted a limited, non-exclusive, revocable license to use the Service, including any software, images, documentation, designs, fonts, trademarks, and themes that are its component parts (the "service components").
- Service components are owned by Onstage, and are protected by copyright, trade secret, and other intellectual property laws.
- You agree not to store, copy, publish, sell, assign, sublicense, translate, scrape, reverse engineer, or create derivative works based on any of the service components.
- Any use of the service components, outside of the terms of this agreement, without written approval of Onstage is prohibited.
- You may not use Onstage Sites Service to send unsolicited emails. We reserve the right to disable outgoing emails from your account if emails sent from it are marked as spam by recipients.
- You will not use the Onstage Sites Service in a manner that uses resources more heavily than would be the case for a standard user of the Site. This includes, but is not limited to email volume, data storage, bandwidth usage, and server CPU load.
- Onstage reserves the right to determine, in its sole discretion, if there has been a breach of any of these rules and may disable or delete member accounts without warning or compensation. If a breach of these terms results in damages or costs to Onstage, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.)
5. Subscription and Plans
Subscription is billed in advance, is non-refundable, and is rebilled annually.
You may upgrade or downgrade your subscription at any time. We will credit you the prorated amount of days of the new plan. If you downgrade your plan, your new downgraded subscription will start on the next billing cycle. No refunds or cash credits are provided for downgrades.
You may cancel your subscription any time in order to stop automated billing. To cancel your subscription, you must click on "Cancel subscription" in the Manage Subscription section of your Dashboard. Cancellation must be submitted 2 business days prior to the expiration date of your subscription. You consent to get access to your Onstage Sites subscription immediately, and acknowledge that there are no refunds or credits for partial months.
Credit card or chargebacks will incur a fee of $80 to reinstate the accounts. Users accounts that incur chargebacks will be permanently deleted.
6. Domain names
Onstage does not provide nor lease or subleases (SLD) Secondary Level Domains (e.g. example.com). You may use your own domain name with the service by acquiring a subscription to a paid plan and adjusting the DNS settings with your domain registrar or DNS provider.
By subscribing to Onstage Sites you will be automatically assigned a Third Level Domain under the onstage.io domain (e.g. username.onstage.io). You may use this domain for as long as you retain an active Onstage Sites user.
7. Your Content
You retain full ownership of your content. We don't claim ownership of the content you provide to the service. These Terms only grant us the limited rights that are needed to provide the Services. By submitting, uploading, posting or displaying content on or through the Onstage Sites Service, you grant us (and our agents) a nonexclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content as required to provide the Onstage Sites Service to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. In order to provide the Onstage Sites Service, we need the rights to make technical decisions on how to provide and administer the Onstage Sites Service. This includes, but is not limited to, how to store your content, how to secure your content. These rights extend to third parties we work with to provide the service, such as our hosting providers.
We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
If you have any questions about this Agreement, please contact us.