StageHive Terms of Use

This document sets out the general terms and conditions for the use ("Terms of Use") of the services provided by StageHive Kft. (registered seat: H-6724 Szeged, Ipoly sor 4. B. ép.; company registration number: 06-09-025348; registering court: Fővárosi Törvényszék Cégbírósága; tax No: 26126678-2-06; e-mail: [email protected]; tel.: +36-30 4630725; represented by: Cortés Tuna Sebastian Gábor as managing director; our host service StageHive: https://integrity.hu; managed by: ID-PENTACOM Marketing Tanácsadó és Internet Fejlesztő Kft., (seat: 1063. Budapest, Anker köz 2-4.; e-mail: [email protected]) („StageHive”, „We” or „Us”) via www. stagehive.eu website via www. stagehive.eu website ("Website") and StageHive application ("Application").

By accepting this Terms of Use, the person who uses the services provided by StageHive via the Website and/or the Application ("User") agrees to be bound by the provisions of this Terms of Use and enters into an agreement with StageHive.

The agreement concluded according to this Terms of Use may be a consumer agreement ("B2C Agreement") or a business agreement ("B2B Agreement"). The nature of the agreement depends on whether the user enters into the agreement as a consumer or a professional. Schedule 1 of this Terms of Use applies only to Users qualifying as consumers.

Separate Privacy Policy applies to issues on how we process the User’s personal data. The Privacy Policy is available on our Website and/or in the Application.

1. Services

The purpose of the Website and the Application is to provide the performing arts professional Users and non-artists Users with online social media platform services and crowdfunding services via the Website and the Application ("Services"). The Services include the following functions:

  • Browsing and uploading profiles,
  • social media platform for performing arts professionals and those who are interested in the world of performing arts,
  • project sharing platform where the Users are able to share their artistic projects and/or projects related to performing arts with the aim to find contributors and partners, and
  • crowdfunding platform through which the Users are able to raise and/or provide funds for their/others' artistic projects and/or projects related to performing arts on crowdfunding basis.

2. Use of the Services as a visitor without registration

The User may access a limited scope of elements of the Services without registration. The User is able to visit the Website and browse without registration except for fully accessing the social media platform and the project sharing platform. The User is able to browse crowdfunding campaigns and provide funds for artistic and/or performing arts related projects through the Crowdfunding Platform without registration as well. Any other Services are accessible only with registration.

3. Use of the Services as a registered User

Registration is required prior to using certain Services offered by StageHive on the Website or the Application including fully accessing the social media platform and the project sharing platform. To register on the Website or Application, the User shall click on the "Register" button, provide a user name, an e-mail address and a password. To complete the registration the User shall carefully read the Terms of Use and the Privacy Policy then agree to be bound by these documents by clicking on the tick box. By accepting the Terms of Use and the Privacy Policy the User declares an unequivocal intention of entering into an agreement with StageHive and gives unequivocal consent to data processing carried out by StageHive as set out in the Privacy Policy. If StageHive confirms the registration via e-mail sent to the e-mail address provided by the User during the registration, then the confirmation establishes an agreement between the User and StageHive. Under the agreement concluded between the User and StageHive, the User is obliged to use the Services in accordance with the Terms of Use in particular the User must pay fee for certain fee-based Services and StageHive is obliged to provide the Services according to this Terms of Use. Upon the confirmation of the registration by StageHive, the User gets access to his account and is entitled to create a profile as part of his account. Simple registration without creating a profile provides access to the Services in a limited manner only.

The User is entitled to modify any data or information provided during the registration and during the creation of the profile by Edit Profile function. The User is entitled to delete his account and profile at any time by an e-mail sent to the above e-mail address.

Protecting the password attached to an account is the User's responsibility. In the event of the User becomes aware of that an unauthorized person obtained their password, they must change the password immediately and in case it may be assumed that an unauthorized person used the password, they must notify StageHive immediately.

Users give their binding assurance that all of the data provided during registration is truthful and complete and that they are of legal age at the date of registration. Users also give their binding assurance that all of the data, information, reports, disclosures and references provided during registration and in their profile are truthful.

Users acknowledge that pseudonyms, stage names or fake names may not be used for registration. If a user is known under a stage or similar name, then this may of course be used in the profile. Groups (ensembles) as well as companies may also be presented using their relevant name (company name).

Each user may only register once. However, members of an ensemble may register both as a group as well as an individual.

4. Fee-based Services

The User can only use certain Services in return for the advance payment of annual / monthly fees as specified in Pro, Deluxe, and Institution packages to be found on the Website / Application

The User may place purchase orders regarding any fee-based Services via the Website and the Application. The User shall follow the instructions on the Website or in the Application and provide the necessary information as indicated. Prior to placing the purchase order, the User shall review all the information as to the purchase order on the order summary page. The User is able to make corrections regarding the purchase order with stepping back to the information page. The User has to read the Terms of Use and the Privacy Policy then agree to be bound by these documents at registration. If StageHive confirms the purchase order via the e-mail address provided by the User during the placement of the purchase order, then the confirmation qualifies as an acceptance of the purchase order and it establishes an agreement between the User and StageHive. Within forty-eight (48) hours as from the placement of the purchase order, the User is bound by his purchase order.

In the event of the User discovers any errors or mistakes in in the confirmation e-mail he shall notify StageHive immediately as to the errors or mistakes.

Any fees indicated on the Website or in the Application are gross amounts including VAT and other taxes. The fee covers the full cost of the Services for the whole subscription period.

The fee to which a User agreed shall not be changed during the subscription period. If the fee is changed after the expiration of the subscription period, StageHive shall notify the User as to the change of the fee and the subscription may be renewed only if the User expressly agreed to renewal of the subscription with changed fees.

The User can pay the fees in advance by credit or debit card (MasterCard, Maestro, Visa, Visa Electron or American Express) through the system maintained by OTP Bank Nyrt. The system through which the payment shall take place is fully maintained and operated by the OTP Bank Nyrt. StageHive does not receive or access to any information provided on the payment page of the system operated by operated by the OTP Bank Nyrt. The payment is carried out via secure SSL (Secure Socket Layer) payment module. Invoices will only be sent electronically via email.

StageHive will grant access to the purchased Services after it has received the fees of the purchased Services.

If a User does not renew their subscription upon expiration, the User account will automatically be moved to free Basic package; in the case of institutional Users, accounts will be temporarily blocked until the subscription is renewed. Campaigns and projects which surpass the limits of Basic package will be deleted automatically.

5. Special rules for using the Crowdfunding Platform

The User is able provide/raise funds via the crowdfunding platform. In order to provide funds for crowdfunding campaigns, the User may simply provide funds without registration.

StageHive does not participate in any agreement concluded between supporters and fundraisers who use the Crowdfunding Platform. StageHive provides only the Crowdfunding Platform through which the supporters and the fundraisers may enter into agreements with each other. StageHive does not act in any circumstances as an intermediary between the supporters and the fundraisers.

StageHive does not carry out any financial service (e.g., taking deposits and receiving other repayable funds from the public, money transmission services, financial intermediation services, safe custody services, money processing activities etc.) or investment service (e.g., investment advice or other investment service or ancillary service).

The User that subscribed to a fee-based Service is entitled to upload crowdfunding campaigns.

For the purpose of starting a crowdfunding campaign, the User must provide the necessary information required on the crowdfunding project launching page.

In case the User would like to support a campaign, he must provide the necessary payment information.

For the purpose of starting a crowdfunding campaign, the User must specify the exact amount to be raised within the campaign period as set on the Website and Application. Any funds provided by the Users will be transferred from their bank accounts at the end of such period, so long as the goal amount has been reached. In case the total amount of funds raised by the end of the campaign period does not meet the goal set on the campaign page, no transfer will be performed whatsoever. The success of fundraising on the crowdfunding platform is the exclusive responsibility of the User who has uploaded the campaign. StageHive does not guarantee in any form that campaigns will meet their goals.

In order to ensure the operation of the crowdfunding platform, StageHive will deduct 10% of the total amount of funds raised by any successful campaign covering among others bank transaction costs, taxes, mentor’s and StageHive’s costs.

After successfully ending a campaign, the User who has uploaded the campaign must create a Report sheet on the Website and / or the Application. If the User does not fulfil this requirement, StageHive may block the User from creating any further campaigns on the crowdfunding platform.

The User may terminate the campaign before the end of the campaign period, in which case all funds raised by that point will be returned to Users who have provided these funds.

By accepting these Terms of Use, the User declares that the funds raised on the StageHive Crowdfunding Platform are to be considered as revenue after which the User shall declare and pay all compulsory taxes, in accordance with applying local taxation rules.

The campaign page uploaded to the Crowdfunding platform will be revised by the mentor for a quality and content check. If necessary the mentor will contact the User via e-mail and inform them of any deficiencies and/or problems. Once the campaign page is properly made, the mentor will launch the campaign, which will thus become public on the Website and Application.

6. Rights and obligation of the User

Users are obliged to make truthful and correct statements in their registration, on their profile and in their account. Users may not use false identities or pseudonyms. Stage names are permitted provided that the user is known in public by this name.

Users are expressly prohibited from using disseminating insulting, libellous, obscene, offensive, discriminatory or racist content or using content of this type in communications. Users are also prohibited from using, disseminating, advertising or offering pornographic content or content which glorifies violence or which breaches youth-protection or other laws (in particular criminal law).

Users are prohibited from annoying other Users unreasonably through unsolicited or unapproved advertising and promotional material, spam, junk mail, chain letters or pyramid systems or similar items or from sending content of this type.

Users are prohibited from using the profiles of other Users, unlawfully gaining access to other profiles or attempting to gain access to other profiles illegally.

Users must refrain from infringement of any laws.

Users must refrain from committing any acts which are liable to cause harm to the Website and/or the Application or to affect its operation in a negative manner. For instance no software viruses, worms, spyware or other files or programmes may be uploaded, sent by e-mail, used or offered.

Users are entitled to access the personal information and data entered and controlled by them, to change or delete this and to delete the account and profile in accordance with the provisions of the Terms of Use and to terminate the contractual relationship with StageHive.

Users are responsible for communications and interaction among themselves. However, in exceptional cases (e.g. following complaints of harassment), StageHive is free to prevent communication between individual users via the Website and/or Application if technically possible.

7. Liability

StageHive cannot be held liable in cases where non-fulfilment of its obligations is attributable to an unforeseeable force majeure event falling outside of StageHive’s control.

StageHive offers no guarantee or warranty whatsoever that that the Website and/or the Application as well as the accounts and profiles are available without interruption and are free from defects. Any liability for direct, indirect or other damage, irrespective of its cause, which arises from the use, an interruption, functional errors or unavailability of the data or information on the Website or the Application is excluded to the maximum extent allowed by applicable law. StageHive shall not be liable for any loss or damage resulting from using the Internet and specifically from interruption of service, hacking or intrusion or the presence of computer viruses.

In the event that agreements are entered into between the Users, StageHive is not a party to these agreements and does not become a contractual partner in this regard. These Users themselves are responsible for the content, implementation and fulfilment of the agreements they enter into between each other. StageHive does not accept any liability whatsoever in connection with the agreements entered into between the Users or any resulting breaches of obligation. StageHive does not accept any liability whatsoever in the event that no agreement is entered into once contact is established between Users.

StageHive is unable technically or de facto to determine with certainty whether a User registered on the platform is actually the person whom he purports to be. StageHive does not warrant and does not accept any liability for a User’s actual identity. StageHive is under no obligation to monitor use of the Website and/or the Application by the Users and the statements made by them, and therefore StageHive accepts no liability whatsoever for identity theft or any misuse of identities and the damage resulting from this.

StageHive does not check the data, information or content provided on the platforms or stated in profiles on the Website or in the Application for accuracy, completeness, truthfulness or lawfulness. As a result StageHive excludes liability whatsoever for the data, information or content provided by Users. StageHive accepts no liability whatsoever for any damage arising from breaches of copyright caused by Users. No liability is assumed either for any links and/or linkage provided by users to external websites or their content.

StageHive accepts no liability for cases where voluntary or mandatory data to be provided by Users is misused or used or forwarded in breach of the law by other users or by third parties.

StageHive accepts no liability for the content of linked sites in the event that references and/or links to other / third-party Internet sites are implemented by StageHive, despite careful controls being implemented with the linking. This also applies to those websites which provide references to StageHive websites. The operators of the linked sites are exclusively responsible for their content.

The User must indemnify StageHive for all claims which other Users, third parties or government authorities assert against StageHive on account of infringement of the rights by the User or on account of a breach of the provisions and obligations in these Terms of Use by the User. The User undertakes to indemnify StageHive and hold it harmless in relation to all of these third-party claims. The User will also be responsible for paying all costs (e.g. reasonable legal fees) and losses incurred by StageHive from the fact that third parties, government authorities or other Users initiate legal steps against StageHive on account of an infringement of rights by the User or on account of a breach of the provisions and obligations in these Terms of Use, or which occur through the fact that accusations are made and investigations are initiated justifiably in this regard.

If StageHive’s liability can be established, then StageHive limits its liability for any direct damages to the amount of the annual fee actually paid for our Services by the User. We exclude our liability for consequential and indirect damages (e.g. loss of profit) to the maximum extent allowed by applicable law.

8. Intellectual Property

All information, solutions, concept, methodology and know-how related to the Services, the Website and the Application as well as the software underlying the Services, the Website and the Application are the exclusive intellectual property of StageHive (“StageHive Intellectual Property”). Upon the confirmation of the registration StageHive grants a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to the User regarding the StageHive Intellectual Property for the purpose of using the Services in accordance with this Terms of Use. The licence is limited for the period the User pays the fees for the fee-based Services in accordance with this Terms of Use. The licence is strictly limited to the use of StageHive Intellectual Property that is necessary for the lawful use of the Services. In particular Users are expressly prohibited from copying or modifying the Website and the Application or decompiling, reverse engineering or further developing the source code of the software underlying the Services, the Website and the Application. The content provided via the Website and the Application may not be copied, reproduced or otherwise commercially exploited. Reproducing, changing, disseminating, selling or leasing the software underlying the Services, the Website and the Application are also forbidden.

The User grants StageHive with worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable licence to use, exercise, commercialize, and exploit the copyright, trademark, and database rights with respect to any material uploaded by the User to the Website or the Application. The User grants StageHive with the right to edit, modify, reformat, excerpt, delete, or translate any material has been uploaded by the User to the Website or the Application.

The User shall not upload any copyrighted material or other material that is subject to other third-party intellectual property rights, unless he has permission from the rightful owner of the material, or he is otherwise legally entitled to disclose the material and licence the rights specified above. The User is solely responsible for all materials that have been uploaded by him/her/it to the Website and the Application and the User must indemnify StageHive for any third party claims arising out of infringement of third party’s intellectual property rights by the User.

9. Term and termination

The term of the agreement for fee-based Services is either one year or one month in accordance with the selection made. The term of the agreement for free-of-charge Services is an indefinite period.

Agreement for fee-based Services may be terminated by any Parties without reasoning by e-mail with adherence to a 14-day notice period. Agreement for free-of-charge Services may be terminated by any Parties without reasoning by e-mail without any notice period.

If the agreement is not terminated in good time before the term expires, then the term of the agreement is automatically extended by the same period as relevant.

If the subscription period for fee-based Services expires, and within a fifteen (15) day period before the expiration day the User does not declare that he would like to terminate his subscription, the subscription for fee-based Services will automatically be extended by the same period as relevant.

The agreement for fee-based Services may be terminated with reasoning by email at any time with immediate effect if the other Party materially breaches any of its obligations. Material breach of obligation by the User includes in particular if the User does not comply with statutory regulations, if the User breaches his contractual obligations (in particular point 6 and 8 of the Terms of Use), if the User fails to pay the fees for the fee-based Service for more than 60 days, or if the User causes harm to one or more of the other Users.

If any suspicion of material breach of obligation by the User arises, then StageHive may irrespective of any termination also impose the following sanctions against the User: it may delete the content which the User has placed online or made accessible to other Users and/or delete the User’s entire profile and/or block access to the Website or Application and/or block the User.

In the event of immediate termination by StageHive the User may not claim reimbursement of the fees already paid in advance. Reimbursement is also ruled out if the User and/or an account and/or profile is blocked or deleted in accordance with this Terms of Use. StageHive is not obliged to reimburse any fees already paid in advance in the event of termination by the User (with the exception of immediate termination by the User).

If an account or profile is abused or not used in accordance with its purpose, then StageHive may also block this account or this profile on a temporary or permanent basis.

In the event that access is terminated, the User will no longer have access to the data provided after the termination, the profile and/or the account can no longer be accessed either from this point in time.

10. Miscellaneous

StageHive reserves the right to revise and/or amend this Terms of Use at any time. Agreement to the changed Terms of Use will be necessary in order to continue to use the Services. StageHive shall request the User to agree or to reject such before the entering into force of the modification of the Terms of Use.

The language of the agreement concluded according to this Terms of Use is English.

Any agreement concluded according to this Terms of Use shall not be seen as written agreement and StageHive does not record or file it.

The Terms of Use is governed by Hungarian law.

This Terms of Use is effective as of June 25th 2018.

Schedule 1 - Specific rules applicable to Consumers (B2C Agreements)

This schedule 1 applies only to agreements concluded based on this Terms of Use with Users qualifying as consumers. “Consumer” means any individual acting for purposes which are outside of his/her profession, occupation or business activity.

1. Right of withdrawal

The User has the right to withdraw from the agreement established based on this Terms of Use within 14 days from the day of the conclusion of the agreement without giving any reason.

To exercise the right to withdrawal/cancellation, the User must inform StageHive as to his decision to withdraw from this agreement by an unequivocal statement (e.g. a letter sent by post or e-mail) sent to the addresses indicated above in this Terms of Use. The User may use the model withdrawal form attached to this Terms of Use, but it is not obligatory. If the User uses this option, StageHive will, without any delay, communicate to him/her/it an acknowledgement of receipt of such a withdrawal.

To meet the withdrawal/cancellation deadline, it is sufficient for the User to send his statement concerning his exercise of the right of withdrawal before the withdrawal deadline expires.

If the User withdraws from the agreement based on this Terms of Use as set out in this section, StageHive shall reimburse all fees received from him/her/it without undue delay and in any event not later than 14 days from the day on which StageHive has been informed about the User's withdrawal. StageHive will carry out such reimbursement using the same means of payment as the User have used for the initial transaction, unless the User have expressly agreed otherwise; in any event, the User will not incur any costs as a result of such reimbursement.

However, if the User expressly requested the commencement of the provision of the Services prior to the expiration of the 14-day withdrawal period and the User exercises his right to withdrawal, then the User must pay proportionate fee for the Services to StageHive.

The statutory right of withdrawal does not apply for agreements on the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

2. Warranty and guarantee

Warranty offered by StageHive is limited. Please see point 7 of the Terms of Use.

In the event of defective performance of StageHive, the User may enforce his warranty right against StageHive in accordance with the provisions of Act V of 2013 on Civil Code.

The User may, at his own discretion, enforce the following warranty claims: The User may request repair or replacement, except, if the claim chosen by him is unenforceable or leads to disproportionate additional costs for StageHive compared to other claims. If the User has not requested repair or replacement, or could not requested it, then he may apply for a proportionate discount, he may do repairs/have repairs done to the expense of StageHive or, as a last resort, withdraw from the agreement.

The User shall report the defective performance after its detection immediately, but not later than two months after the defective performance was detected. The User may not enforce his warranty claims after an expiry of two years from the fulfilment of the agreement.

StageHive does not provide any guarantee for the Services.

3. Operation of the digital content, security measures, software and hardware compatibility

As regards the operation of the Website, Application and the Services please see points 1-6 of the Terms of Use.

The Website and the Application are compatible with browser versions commonly used in Austria, Germany, Hungary and Poland and latest versions of Android, IOS operation systems as well as previous three versions.

StageHive makes all reasonable measure to protect the Website and the Application against any cyberattack, data leakage and security risks.

4. Remedies

The User is able to lodge his complaint concerning the Services to StageHive via the e-mail and postal address set out above in the Terms of Use. StageHive shall effectively reply to written complaints within thirty (30) days of receipt. If StageHive rejects the complaint, it must do so in a reasoned statement.

The User is also able to turn to the conciliation committee attached to the Budapest Chamber of Commerce (seat: 1016 Budapest, Krisztina krt. 99, Hungary, http://bekelt.hu/). The User is also able to enforce its rights in litigation proceedings.

If the User wishes to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

To StageHive Kft. (registered seat: H-6724 Szeged, Ipoly sor 4. B. ép.; company registration number: 06-09-025348; registering court: Fővárosi Törvényszék Cégbírósága; tax ID: 26126678-2-06; e-mail: [email protected],; represented by: Cortés Tuna Sebastian Gábor as managing director)

I hereby give notice that I withdraw from my agreement for the provision of the following service:

Ordered on:

Name of consumer:

Address of consumer:

Signature of consumer (only if this form is notified on paper):

Date:

Simplepay statement

By clicking the Redirect button the Customer accepts StageHive Kft. (székhelye: 6724 Szeged, Ipoly sor 4. B. ép.) at stagehive.eu to provide the following personal data stored in its user database to OTP Mobile Ltd. (1093 Budapest, Közraktár utca 30-32.) Provided data: family name, given name, country, phone number, e-mail address.

The purpose of data transmission: customer support for users, confirming transactions and fraud-monitoring for users defence.