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Updated September 22nd, 2023
Stage Portal is an online platform that allows users to manage equipment, people and venues for live events and also offer your equipment, services and venues to other users. Please read our service agreement carefully below prior to using our platform and its services as it governs your use of our platform.
Importantly, this Usage Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Section 4 below. If you do not agree to all the terms and conditions of this Usage Agreement, including those governing disputes in Section 4, you may not use our platform or services.
This Stage Portal Services Agreement (“Agreement”) is a contract between Wratten Enterprises Limited (“Stage Portal” or “we”) and the person(s) that are registered with Stage Portal (“user” or “you”). This Agreement describes the terms and conditions that apply to your use of the Stage Portal platform to book or list equipment, venues or other event services through our website or apps and governs your event services for other users; and establishes the obligations owed between you and Stage Portal, and between you and other users.
Throughout this Agreement, the term “function” means the ability to book equipment, venues, artists or crew or offer equipment, venues or event services to others through our website or apps (the “Platform”).
The term “Artist” means an individual or group registered as part of the Artist platform. The term “Company” refers to production or event companies registered to their respective platform.
A “Venue” is the physical space that is made available to a company or artist to use during specific times, and subject to specific Fees and any site-specific terms or limitations.
“Equipment” is the physical assets that are made available to a company or artist to use during specific times, and subject to specific Fees and any equipment-specific terms or limitations.
“Crew” are individuals available to hire to undertake Event Services, which may include Audio Engineering, Production, Photography, or other Services.
A “Performance” is the performance of an artist for specific times and subject to specific Fees and any performance-specific terms or limitations.
A “Service” is equipment, performances, event services or a venues offered by Companies or Artists. A “Provider” is any user offering a Service.
“Providers” may “List” a “Service” by providing certain details including availability, pricing, and terms or limitations of use; these users are called “Providers” and this posting is called a “Listing.”
Users may “Book” a Service by accepting the times, fees, and any additional terms (such as fees for Additional Engineering or venue Services) or limitations of the
Listing. A “Booking” is (i) only the grant of a limited, temporary, revocable license to use equipment, and (ii) if applicable, a contract for Venue services, and (iii) if applicable, a contract for a performance or crew service, in the manner, for the time, and subject to all restrictions provided, subject to this Agreement, and as confirmed through the Platform. The scope of the use, including times, specific fees, and other additional terms or limitations, constitutes a “Booking Agreement” that incorporates the terms and conditions of this Agreement and referenced policies. A Booking does not provide you a lease but only allows you limited access to use the Venue, equipment or other service only as permitted in the Agreement and, as applicable, the Booking Agreement.
This Agreement is organised into 5 sections:
Stage Portal provides you access to Services through the Platform. You may access the Platform through our website or apps. You may use the Service to, List a performance as an artist, event services as crew, List Equipment, Venues as a Company, Book Venues as an Artist or Company, Book Equipment, Crew or Performances as a Company, communicate with other users, and access your Account.
We are continuously improving the Platform or Service for all users and reserve the right to make changes at any time. Changes we make to the Platform or Service, including discontinuing certain features, affect all users and we try to minimise disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform or Service adversely affect how you use them.
Before using the functionality of our Platform or Services, you must create an account with Stage Portal (“Account”) and provide us with information about yourself or your company. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details about artists, freelancers, companies or payment information. Any employees, contractors, or third-parties opening a new or using an existing account (collectively, “Agents”) represent and warrant that they have authorisation to act on behalf of a person or entity they claim to represent; and if such authorisation is not provided by the person or entity, such Agents acknowledge personal liability for all obligations and liabilities arising from or related to use of the Account by such Agents.
You will be required to provide an email address and password to keep your Account secure (“Credentials”) and agree to keep your Credentials private and secure. You are responsible for any actions taken on your Account using your Credentials whether or not authorised or taken by Agents to use the platform. You are solely responsible for the actions or communications of your Agents. We are not responsible for and disclaim all liability for use of your Account by your Agents.
When creating or using your Account, you may be required to provide information about yourself, band or your company. You will only provide Content to us that you own or have authorisation to provide and ensure that Content is accurate and complete. You must keep any Content current, including your contact or payment information. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information. You will provide us any additional information to verify the accuracy or completeness of any Content that you provide, and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us as and when we request it, we may suspend or terminate your Account.
If you are not at least 18 years old, you may not open an Account, access the Platform, or use the Services. Users (including Agents) who use the Services or the Platform on behalf of individuals under 18 years old or provide access or use of services by individuals under 18 years old, accept personal liability for all acts or omissions of such individuals.
You may close your Account at any time by emailing us at info@stageportal.gg. You are responsible for all activity associated with your Account made before it is closed including payment of Fees, Taxes, or other Payments; providing use of equipment to other parties as previously Booked; or other liabilities caused by or resulting from use of the Platform or Service. You understand that we may retain Content and continue to display and use any public Content (including reviews of companies) provided to us prior to closing your Account.
At our sole option, we may suspend or terminate your Account at any time.
As used in this Agreement, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements . You will comply with all Laws applicable to your use of the Equipment, Services, Platform, Venue services, whether as a Company or Artist. While we may provide information to help you understand certain obligations of using [P1] venues or equipment, we are not authorised to provide and do not provide any legal advice. You are solely responsible for your compliance with Laws and may only use the Platform or Service in compliance with applicable Laws. If you are unsure how to comply with Laws, you should seek legal advice related to using the platform.
(a) Fees, Overtime. You are responsible for payment of fees, expenses, and other amounts related to Bookings (“Fees”). Fees include amounts paid to Stage Portal, Companies, and Venue services and as described in our Fees Overview. Stage Portal receives Fees for providing use of the service. Companies, Artists and Venues receive fees for their relevant services. The specific Fees charged are to be paid directly to the party outside of the platform. Please review the cancellation policy for services booked prior to submitting a Booking request. You should contact companies through the Platform before Booking if you don’t understand the Fees listed or the cancellation policy that will be applicable. Please email us at info@stageportal.gg at any time if you do not understand Fees or have questions regarding them.
(b) Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to the running of an event including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Stage Portal will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for activity without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Stage Portal for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the Platform (collectively, “Fines”). You understand and agree that Stage Portal does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advice to consult with your tax advisor for any required advice or guidance regarding Taxes.
(c) Payment. You will timely and fully pay any Fees, Taxes, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as bank transfer). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.
Acceptance and payment of funds between users or Stage Portal on the Platform (“Payment Processing”) is provided by Paddle. Your use of Payment Processing is subject to the Paddle Agreement that includes the Paddle Service Agreement as may be modified by Paddle from time to time (collectively, the “Paddle Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorise us to share this information with Paddle. All bank and credit card information is sent directly to and stored with Paddle using their security protocols. Stage Portal does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditional upon your compliance with the Paddle Agreement, and if the Paddle Agreement is terminated by Paddle you may not be able to use the Platform, or may have your Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
We may communicate with you and provide you information or notices regarding your Account or transactions through email or through messaging on the Platform. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to use the Platform or Services.
We may send you notices to the email address or physical address included in your Account, through messaging on the Platform. You may send any notices to us at info@stageportal.gg . You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal affect as if it were physically delivered to you.
You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close your Account.
If you have problems receiving messages, please first please contact us at info@stageportal.gg.
The Platform allows you to communicate with other users without disclosing sensitive personal contact information. It is your responsibility to use good judgment in the information you provide to other users. You may use the Platform only to organise events, communicate with us or other users, resolve disputes, or use other functionality we provide to you through the Platform. You may not use the Platform to send messages that are unwanted or unrelated to organising an event through the Platform, use the Platform to harass or attempt to market other services to users, or send spam.
We strongly recommend that you should use the Platform to communicate with other users. If you use other means of communication, you understand that you may be putting your personal contact information at risk of misuse. You also understand that any communications made outside of the Platform may impair your ability to recover all or some amounts owed to you in the event of a dispute between you and another user.
We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users, or communicating or engaging with users outside of the Platform.
Stage Portal, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information.
Stage Portal owns all right, title, and interest in the Platform, Functions, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Function for the purposes described in this Agreement and only as provided to you through the Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Function, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Function, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Function.
We have established Community Guidelines that set our expectations for all users on the Platform. You will review and abide by the Community Guidelines whenever using the Platform or Functions, communicating with other users, or using or providing use of Services. If you believe that another user is violating the Community Guidelines, please email us at info@stageportal.gg. Stage Portal shall have no duty to monitor users’ compliance with or to enforce the Community Guidelines and shall have no liability for any violation of the Community Guidelines.
(a) Posting Content. You represent and warrant that you are authorised to provide Content to the Platform and that any Content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any Content that is copyrighted by third parties without their express permission. You grant Stage Portal a fully-paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Platform or Functions) or external use (such as in marketing or online advertising). If you cannot provide us the above grant then you may not provide Content to us. You agree to indemnify, defend and hold us harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.
(b) Restrictions on Certain Content. You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a venue, service or equipment; (v) contains marketing or promotional content unrelated to the details of a venue, service or equipment; or (vi) includes sensitive personal information, including payment, contact information, or personal account details.
(c) DMCA Notices. If you believe that any Content posted violates your copyright, please notify us at info@stageportal.gg. This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorisation to enforce the rights of the copyright owner. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement[P2] . We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
Our Privacy Policy describes our collection, use, storage, and sharing personal information. This includes personal information included in Content and information collected through use of the Platform. We may anonymise, pseudonymise, or aggregate any information, including personal information or Content, and use this information for any purpose including improvement of the Platform or Function, or creating or distributing public marketing collateral.
(a) Listings. When you List a Service, you must provide details about the Service including a description, the cost of a Booking, current pictures, and other details about potential uses and condition (collectively, “Description”). While it is important to communicate the benefits of your Service, the Description must be accurate and give potential users a reasonably good understanding of how they may use the Service for their Booking. Descriptions may not include any additional contractual obligations or alter Users legal liabilities from those described in this Agreement.
(b) Transacting with Users. All Providers must comply with our Community Guidelines when Listing a Service, providing a Description, and in transacting with users. You are responsible for maintaining the Equipment and Venue so that users may reasonably use them as provided in the Description and Booking. Equipment and Venues must be in good working order and provided to users in a safe, clean and usable condition as described.
(c) Conduct and Fees. As a Provider, you are solely responsible for ensuring that the Service complies with all applicable Laws including any local ordinances related to the condition, licensure, or registration of Service, Venue or Equipment for use by users, and payment of Taxes. We may condition your continued use of the Platform and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time.
(a) Bookings. As a user, you should review the Description and availability to confirm they are appropriate for your Booking. The Platform allows you to confirm details or ask the Provider any specific questions about the Service, or confirm details of a Booking, without sharing your personal contact information. Booking Fees and chargers for hire of services will be settled outside of the platform. You are responsible for all Fees and Taxes associated with the Booking.
When you Book a Service, you are only provided with a license to use the Service as described in the Booking and confirmed by the Provider, subject to this Agreement and any Booking Agreement. A Booking does not provide you a lease or access or use of the Service beyond the specified time and Description.
(b) Conduct and Fees. You will comply with the Community Guidelines and any Booking Agreements throughout[P3] the Booking and use the Service only as permitted or agreed upon and consistent with the Description, and assure that any attendees do the same. During your Booking, you are responsible for (i) the behaviour of others in contact with the service, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) complying with applicable Laws. You are responsible for and accept all liability for any damage done to equipment or venues during your Booking by yourself or others in attendance whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree that Booked Venues or equipment will be in substantially the same condition as provided to your or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify Providers of any damage done.
(a) Required Insurance. Every user will acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, those attending the Booking, third parties, equipment, and deciding what coverage, limits and providers are appropriate for you.
All cancellations and any refunds that may be available to you are subject to the providers' own Cancellation and Refund policies.
(a) Term and Termination by User. You consent to this Agreement when you first access or use the Platform or Functions, and your continued use of the Platform and Functions constitutes your ongoing consent to this Agreement as amended from time to time. You may terminate this Agreement by closing your Account with us, however this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any obligations to pay for Bookings, to honour any Bookings made before termination, or to pay Fees, Taxes or Fines due; or any liabilities that you incurred prior to termination.
(b) Suspension or Termination by Stage Portal. We may suspend your Account--including your ability to communicate with other users or receive payments, or complete a Booking--or terminate this Agreement and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Stage Portal, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with this Agreement or applicable Law.
(c) Survival. The following provisions will also survive termination of this Agreement: Sections 1.3 (Compliance with Laws), 1.4 (Fees and Taxes), 1.6 (Communication and Notices), 1.7 (Communication with Other Users), 2.1 (Ownership, License, Restrictions), 2.2 (Content), 2.4 (Privacy and Data Usage), Section 3.1(Conduct and Fees) for Services, Section 3.2(b) (Conduct and Fees) for Artists, 3.3 (Required and Supplemental Insurance), 3.4 (Cancellations and Refunds), 4 (Termination, Disputes, and Binding Arbitration), and Section 5 (Additional Legal Terms).
(d) Refund or Payment upon Termination. Access to the platform begins as soon as your initial payment is processed; your payment is non-refundable. If this agreement is terminated by You or Us in accordance with Section 4.1 (a) or 4.1 (b), You will pay any unpaid fees covering the remainder of the term. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.
This section describes how disputes or claims arising under this Agreement between you and Stage Portal or between you and another user (not resolved through the process set forth in Section 4.3) will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting this Agreement—you may not use the Platform or Functions if you do not agree to this section.
(a) Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this Agreement or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted. You may opt-out of this class action and jury waiver described in Section 4.2(a) by emailing us at info@stageportal.gg within 30 days of your first use of the Platform or Functions. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section 4.2(a) and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Section 4.2(a), please note that all other provisions in this Agreement will remain intact and in full force and effect.
(b) Conflict of Rules. If any provision of this Section 4.2 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.
This section describes how disputes or claims arising under this Agreement between you and another user will be resolved. Please read this section carefully before accepting this Agreement—you may not use the Platform or Functions if you do not agree to this section.
(a) Initial User Dispute Resolution. You agree to make a first attempt to resolve any disputes, disagreements, or claims that you have with other users (“User Dispute”) in good faith through the Platform. If you are unable to resolve the User Dispute, you then will submit the User Dispute to us at info@stageportal.gg. In our sole discretion, we may (i) require that you submit additional details regarding any User Dispute, and/or (ii) hold any pending payments or reverse any payments already made to you and hold such payments pending final resolution of the User Dispute. We will review the summary and communications made on the Platform. We may, but are not required to, also review communications made outside of the Platform. Upon review and investigation, we will either (a) provide you and the other user with our conclusion based on the summary provided, which you agree to accept as final and binding determination with the same force and effect as if determined through arbitration as provided in Section 4.2; or (b) require that the dispute is resolved through binding arbitration adjudicated by a third party as provided in Section 4.2(a). The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Stage Portal. As a part of the User Dispute, you may also seek to recover these costs if you prevail. Any payments held by Stage Portal pending final resolution of a User Dispute shall be disbursed by Stage Portal as determined by Stage Portal, the arbitrator, or a court of competent jurisdiction.
Any proceedings pursuant to this Section 4 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
We may amend or modify this Agreement at any time by posting the modified Agreement on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Functions after we amend or modify this Agreement constitutes your consent to the revised Agreement.
Stage Portal is not responsible or liable for non-performance caused by communication failures or non-performance of providers.
Cancellations of Bookings, whether with or without cause, or caused by events outside of your reasonable control, are subject to individual provider's Cancellation and Refund Policy. Please review it carefully before Booking a equipment, crew or artists.
You may not assign this Agreement or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this Agreement upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
STAGE PORTAL PROVIDES THE PLATFORM AND FUNCTION TO MANAGE AND BOOK VENUES, EQUIPMENT, CREW AND ARTISTS, FUNCTIONS, AND COMMUNICATE WITH OTHER USERS. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY EVENT FUNCTIONS. COMPANIES, ARTISTS, AND VENUE FUNCTION PROVIDERS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY STAGE PORTAL. COMPANIES AND ARTISTS SET THEIR OWN PRICES, USE THEIR OWN RESOURCES, AND MAY CONDITION FUNCTIONS AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND FUNCTIONS ARE AT YOUR OWN RISK. STAGE PORTAL IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON ARTISTS, COMPANIES, OR VENUE FUNCTIONS PROVIDERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONDITION OF FUNCTIONS OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING ARTISTS, COMPANIES, OR VENUE FUNCTIONS PROVIDERS IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. STAGE PORTAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY ARTISTS, COMPANIES, OR VENUE FUNCTIONS PROVIDERS WILL BE PROVIDED TO YOU AS DESCRIBED. STAGE PORTAL DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING FUNCTIONS.
THE PLATFORM AND FUNCTIONS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE PLATFORM OR FUNCTIONS ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE; OR THAT THEY ACCURATELY REPRESENT EQUIPMENT, VENUES OR FUNCTIONS. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR FUNCTION, OR FEATURES OF EITHER, AT ANY TIME.
By opening your Account, you represent and warrant that (a) you are authorised to use the Platform and Functions and have authority to execute this Agreement; (b) that you have only one Account with us and have not had an Account terminated by us previously; (c) all information provided to us is accurate and complete; (d) you will not use the Platform or Functions in violation of Law or the Community Guidelines, to commit fraud, to deceive other users, or for any other improper purpose; and (e) you are authorised to provide any Content to us.
When using the Platform or Functions as a provider, you further represent and warrant that (f) you are permitted under applicable Laws to List any equipment provided; (g) your Listing of equipment and the equipment itself comply with applicable Laws; and (h) you will reasonably facilitate the use of, and not obstruct the use of, the equipment as Booked by users.
When using the Platform or Functions as an user, you further represent and warrant that (i) you will comply with any Booking Agreements; (j) you will not use Services in a manner that violates Laws or Community Guidelines, or that facilitates the violation of either by third parties; and (k) that any payment Credentials provided to us may be used as described in this Agreement.
You will indemnify, defend and hold Stage Portal and its owner(s), agents, members, information providers, attorneys, or affiliates (collectively, “Stage Portal Affiliates”) harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of your Venue or Venue service (for Venues), or use of Equipment or Equipment services (for Providers); (b) Content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your obligations under this Agreement, and (f) any contract or other agreement between you and any other user other than through the Platform. This indemnification will survive termination of this Agreement.
EXCEPT TO THE LIMITED EXTENT OF THE STAGE PORTAL FEES (AS DEFINED BELOW) UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL STAGE PORTAL OR ITS OWNERS, AGENTS, MEMBERS, INFORMATION PROVIDERS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FUNCTION, SERVICES OR VENUE FUNCTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR FUNCTIONS, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND FUNCTIONS.
AS USED HEREIN, “STAGE PORTAL FEES” SHALL MEAN THE AMOUNT PAID BY YOU TO STAGE PORTAL, EXCLUDING ANY AMOUNTS THAT WERE PAID OR PAYABLE TO COMPANIES OR VENUE FUNCTIONS, FOR USE OF THE PLATFORM OR FUNCTIONS.
THE LIMITATION OF LIABILITY SET FORTH ABOVE APPLIES TO THE EXTENT PERMITTED BY LAW.
This Agreement together with any Booking Agreement constitutes the entire agreement between you and Stage Portal governing your use of the Platform or Functions. This Agreement takes precedence over any conflicting terms between a Booking Agreement made through Stage Portal and any other agreement made with the Provider except where expressly stated otherwise and agreed upon in writing by both parties.
(a) Any monetary amounts described in this agreement will be in GBP and “£” will be read to mean Great British Pound.
(b) The jurisdiction that is applicable in this Function and these terms of use is that of the Guernsey, unless something else is required by binding law.