PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AIRSTAGE® APP AND WEBSITE
Welcome to Airstage® brought to you by Airstage® Inc. In the following text, when we refer to a User we mean You – the individual, using our Services. These Terms set out important information regarding the rights, obligations, and restrictions that may apply to You as a User. Namely, when You access our Website and/or access, use or download the Airstage® App, App (or simply called App) available on Devices, and use any Services offered in conjunction with the App or Website. You should understand that by using our Website or by installing our App, You agree to be bound by these Terms. These Terms constitute a legal and enforceable contract between You and Airstage® Inc. If You do not agree with these Terms, abandon the registration process and do not use or install our Website or App. In the version of our App, a User may register as either an Artist, a Fan, or a Venue. For further information, please refer to the following definitions listed below:
We, us, our = Airstage®
You, your = Artist, Fan, or Venue
1.1. Airstage® The mobile and web services we offer to our users
1.2. Website Located at https://www.airstage.co
1.3. Airstage® App The Airstage® Mobile Application
1.4. Devices Smartphones and tablets, and/or computers – desktop or laptop
1.5. Artist User – musician, band, DJ, dancer, performer, etc. that can be booked to perform at an Event or supported
1.6. Fan User – an individual or business that can book artist/s to perform at an event or can follow artists
1.7. Event A happening, which involves the booking of an artist by a user to perform at an event for
1.8. Venue An in-door place where the Event is performed
1.9. (Total) Fee A Fee – The amount payable by the user to finalize the artists booking; constitutes of an Artist Fee plus a Service Fee
1.10. Artist Fee Equals the fee payable to the artist/s
1.11. Service Fee Equals the fee payable to Airstage®
Airstage® will not provide any technical support, maintenance, or any other services for the App. Still, if You experience issues and You would like to inform us about them, feel free to send us an email at email@example.com
You may not:
You agree to provide Airstage® with feedback regarding the App consisting of, without limitation, Your suggestions, comments, or any other feedback, whether it is required or provided on a voluntary basis (Feedback). If You decide to provide Airstage® with any Feedback, as part of the testing and evaluation of the App, You agree that: (a) Airstage® may freely use, disclose, reproduce, license, distribute and otherwise commercialize Your Feedback in any Airstage® product, specification or other documentation; and (b) You will not give Airstage® any Feedback (i) that You have reason to believe is subject to any patent, copyright, or other intellectual property claims or right of any third party; or (ii) that is subject to license terms that seek to require any Airstage® product incorporating or derived from any Feedback, or other Airstage® intellectual property, to be licensed to or otherwise shared with any third party. Feedback can be provided by emailing us at firstname.lastname@example.org or by completing the survey that was shared with You in your welcome email sent by us.
Once the booking request has been accepted by the artist, saved on the system, and made visibly, amendments can still be made, however, cancellations may result in a penalty. Penalties and cancellations are discussed in more detail further in this policy.
Failure to do so will result in a bad rating and review for the artist, which will have a negative effect and overall decrease the chance of appearing in our artist discovery searches on the Airstage® App.
As compensation to the user, Airstage® will recommend or attempt to provide a replacement artist for the already scheduled event.
If the artist cancels within 7 calendar days of the event date, this will result in a bad rating and review, weakened appearance in our artist discovery searches on the Airstage® App, as well as temporary or permanent suspension from all Airstage services.
The same applies in the case of a “No-show” or “Late arrival”. Airstage reserves the right to permanently suspend the artist from using all Airstage services if two or more “No-show” or “Late arrival” are associated with the artist’s Airstage® App account.
Failure to do so will result in a bad rating and review for the user, which will have a negative effect and overall limitation of the searchability and discoverability options offered by the Airstage® App.
As compensation to the Artist, Airstage® will attempt to provide a replacement performance for the already scheduled event date.
If the user cancels within 7 calendar days of the event date, this will result in a bad rating and review, overall limitation of the searchability and discoverability options offered by the Airstage® App, as well as temporary or permanent suspension from all Airstage® services.
The same applies in the case when the booking has automatically been canceled by the system due to insufficient funds in the user’s payment card and failure to provide a new payment method. The user is deemed responsible in such a scenario.
Below you can see a recap of the aforementioned:
|More than 7 calendar days prior to the event date||Artist||The artist has to find a suitable replacement act for the user. Only if successful, and the substitute act is approved by the user, there will be no penalty.|
|Failure to find a substitute act – a bad rating and review for the artist, as well as weakened appearance in artist discovery searches on the Airstage® App.|
|User, booking the artist||The user has to offer another performance to the artist in the following month. Only if the new event date is suitable and the artist accepts the new booking request, there will be no penalty.|
|Failure to offer another performance to the artist – a bad rating and review for the user, as well as overall limitation of the searchability and discoverability options offered by the Airstage® App.|
|Within 7 calendar days of the event date||Artist||Or in the case of “No-show” or “Late arrival” – a bad rating and review, weakened appearance in artist discovery searches on the Airstage App, as well as temporary or permanent suspension from all Airstage ® services.|
|User, booking the artist||Or in the case of automatically canceled booking by the system due to insufficient funds in the user’s payment card – a bad rating and review, overall limitation of the searchability and discoverability options offered by the Airstage® App, as well as temporary or permanent suspension from all Airstage® services.|
We at Airstage understand that situations beyond our control do happen, such as Force Majeure’s situations. By definition, these can be: “Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in the law.” In case an artist or user cancels a confirmed event booking due to a Force Majeure situation, no penalties are to be applied.
The following shall apply to You if You download and/or use the App on an iPhone, iPad, iPod Touch, or other Device provided by Apple, Inc. (Apple), or if You downloaded the App from Apple Inc. App Store (the App Store).
You are solely liable for any and all activity on Your account, whether or not You authorized such activity. You agree that:
These Terms (together with the documents to which they refer) contain the whole agreement between You and Airstage relating to the use of the Airstage App and all the Services and supersede all previous agreements between You and Airstage relating to it. You acknowledge that in agreeing to these Terms You have not relied on any representation, warranty, or other assurance except those set out herein.