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:
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
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
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.
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 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.
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.
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
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.
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.
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.
Schedule 1 - Specific rules applicable to Consumers (B2C Agreements)
1. Right of 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.
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
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
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.
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-1124 Budapest, Pagony u. 32-34. B. ép. fszt. 1.; company registration number: 01-09-303316; registering court: Fővárosi Törvényszék Cégbírósága; tax ID: 26126678-2-43; 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:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
By clicking the Redirect button the Customer accepts StageHive Kft. (székhelye: 1124 Budapest, Pagony utca 32-34. B. ép. fszt. 1.) 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.