Regulations

Rules and Regulations

§ 1. Definitions

Act - Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2019, item 123)

Active User - User who has at least 1 Coin in his User Account.

Artist - an individual or entrepreneur who wants to make his or her performances (own materials) available to Users through Stagebay and creates an Artist Account for this purpose

Coins - virtual tokens with which you can fund your Stagebay User Account and use them to make purchases on Stagebay (in particular tickets for Events, gifts for Artists)

Event - an event made available live on or posted on Stagebay for a specified period of time to enable users to play it; events include concerts, stand-ups, cabarets and other entertainment events

Organizer - an individual or entrepreneur organizing events with the participation of the Artist or Artists, who wants to make these events available to Stagebay Users and creates for this purpose an Artist or Organizer Account

Rules and Regulations - the present Rules and Regulations for the provision of services by electronic means

Services - services provided by Stagebay by electronic means, i.e. entirely through the telecommunications network, without the parties being physically present at the same time

Stagebay - S200, address: ul. Koscielna 4, 44-200 Rybnik, Poland, NIP: 6422910584, REGON: 240461519, being a service provider within the meaning of the Act

User - any natural person using the Services; if the User is under 18 years of age, he or she must have the consent of a parent or legal guardian to use the Services; in order to use the Stagebay Services and the offer of Events made available on Stagebay by the Organisers and Artists, the User must create a User Account; whenever these Terms of Use refer to Users, this also applies to Artists and Organisers - in order to create an Artist/Organiser account, you must also have a User Account

Website - website at www.stagebay.com

§ 2 General Provisions

1. The idea of Stagebay is to enable Artists and Organisers to create events - either broadcast live or made available for viewing by Users from anywhere in the world through the Website.

2. The Rules and Regulations specify:

a. the types, scope and rules for the provision of the Services by Stagebay through the Site and by e-mail, including the technical requirements necessary for the cooperation with the information and communication system used by Stagebay,

b. conditions for conclusion and termination of service contracts,

c. rules of using the Services by Users, Artists and Organisers,

d. the complaint procedure.

3. The Rules and Regulations are available free of charge on the Websiteite, in a form allowing everyone to display and record them.

4. The User is obliged to read the content of the Rules and Regulations before using the Services, to accept the content of the Rules and Regulations and to comply with their provisions. By using the Services, you accept the Rules and Regulations.

5. If you are under the age of 18, your parent or legal guardian should review the Rules and Regulations. By permitting a person under the age of 18 to use the Services, your parent or guardian is subject to the terms of the Rules and Regulations and is responsible for the User’s acts and omissions in connection with the use of the Services.

6. If the User is using the Services on behalf of another person, legal entity, organization, or other entity, he/she acknowledges that they have appropriate authority to act on behalf of that entity and that entity accepts the Rules and Regulations.

7.  The User is fully responsible for the content he presents and makes available (verbal, graphic, video, audio, including Events, descriptions and names of Events, names and descriptions of User Accounts, their graphic design etc.). It is forbidden for the User to provide, share and introduce illegal or harmful content, including pornographic content, spreading hatred and encouraging violence, in particular against persons or groups of persons due to race, ethnic origin, religion, sex, sexual orientation, age, disability or membership of social groups. Drastic, harmful, dangerous, misleading, spam (pushy, unwanted or repetitive content), as well as offensive, degrading content shall be prohibited. It is also prohibited for the User to take any action that is unlawful (including harassment and persecution of other Users, invasion of privacy, disclosure of data, use of threats, extortion and copyright infringement), that is contrary to the Rules and Regulations or that may cause disruption to the use of the Services or damage to Stagebay or other Users' systems.

8.  If the User notices content which in their opinion contravenes the terms of the Rules and Regulations or applicable law, they may report this to Stagebay via the contact form on the Website or by sending an e-mail to office@stagebay.com.

9.  Stagebay is entitled to remove or block content that does not comply with the terms of the Rules and Regulations or the law.

§ 3. Types of Services

1. Stagebay provides the following Services to Users:

a.         Newsletter - commercial information sent to Users by e-mail to the address provided by the User, in particular by sending them information about planned or already available events or services offered by Stagebay and its partners, current and planned business activities of Stagebay via the Site,

b.         Contact - a service provided by duly authorised Stagebay staff via the contact form available on the Website or via e-mail after the User has sent an enquiry to office@stagebay.com,

c.         User Account - a service offered to Users consisting in the possibility for the User to set up an Account in order to purchase tickets through the Website and participate in live events or play recorded events, purchase Coins, as well as support artists by means offered by Stagebay (transfer of coins, transfer of electronic gifts purchased for coins); the User Account also enables the creation of an account for creating one's own events as an Artist (directly; "Artist Account") or as an Organiser (employing artists and performers; "Organiser Account"),

d.         Artist/Organiser Account - a service dedicated, respectively, to artists who want to share their own events through Stagebay or to organisers who employ artists under separate contracts with the artists and are authorised to broadcast and share events involving these artists;

e.         Marketing and promotion actions - organised competitions, promotional actions, running loyalty programs, both through the Site and by e-mail, under the terms of separate regulations each time.

2.  The Services are provided free of charge, unless Stagebay expressly states that it is possible to use certain Services against payment and that the User uses the Services so marked and thus agrees to payment.

§ 4 Technical Requirements

1. In order to use the Services it is necessary for the User to have a multimedia device with access to the Internet, in the case of services requiring the User to provide an e-mail address, the User must also have an e-mail.

2. Detailed technical requirements are specified in Technical Requirements.

3. Due to technological changes, the above technical requirements may be subject to alterations. A change in that respect shall not be treated as an amendment to the Rules and Regulations.

4.  Stagebay reserves the right to carry out maintenance works and modifications to the information and communication system that may make it difficult or impossible to use the services for the duration of such works.

§ 5.  Safety Measures

1. The safety measures protect the User in particular against viruses in the devices used by the User and against unauthorized access to the Account and to the User's devices.

2. The User using the Services and the Website should use legal software, have a constantly updated anti-virus software and an activated firewall.

3. The User's Internet browser should have security settings at a minimum average level.

4. The password established by the User should be sufficiently strong (it is recommended to use at least 8 alpha-numeric characters, including at least one upper-case, one lower-case letter and one digit and at least one special character).

5. The User is obliged to take care of storing the access data to the User Account (login and password) in a safe place and not to entrust it to third parties. Using the User Account requires each time positive verification of the login and password.

6. The User is responsible for the accuracy of the data provided by him.

7. Stagebay ensures that all due diligence is carried out in order to provide Services which are secured against access by third parties.

8. Stagebay takes all due care to ensure the security of the data transfer and authorisation process, in particular through the use of the SSL protocol and systems with appropriate security features.

§ 6. Conclusion and Termination of the Service Agreement

1. The User may use the Services referred to in § 3 of the Rules and Regulations, subject to meeting the technical requirements specified in § 4 of the Rules and Regulations.

2. In order to use the Newsletter Service, the User:

a. accepts the Rules and Regulations, the Privacy Policy and consent to receive the marketing materials by ticking the appropriate check box next to the declarations and consent and provides his/her e-mail address,

b. then sends the form by clicking the appropriate button on the page - "Subscribe",

c. in order to activate the service, the User opens a link sent automatically to the e-mail address provided by the User - at the moment of activation the contract for the provision of the Service is concluded.

The Newsletter contains information, promotional or advertising content on Stagebay. Graphic elements and the content of the Newsletter are the subject of copyrights or other rights vested in Stagebay or third parties and are subject to legal protection.

3. To use the Service User Account, the User:

a. accepts the Terms and Conditions and the Privacy Policy, may also agree to receive the Newsletter (marketing information) by ticking the appropriate check boxes next to the relevant statements and consents, and provide the e-mail address, the name of the Account (login) and the password for accessing the Account in the form, and select the country and the appropriate time zone to view the offer of events with their own date and time and the language to receive messages that they understand,

b. then sends the form by clicking the appropriate button on the page - "Register", at the moment of clicking the button a contract for provision of the Service is concluded.

4. In order to use the Artist/Organiser Account, the User should create a User Account and additionally in subsequent steps, shall provide information necessary to create an Artist/Organiser Account:

a.         The user chooses whether to set up an Organiser Account or Artist Account by selecting the appropriate box ("Artist" or "Organiser") and completing the required information; by selecting "Artist", the user gives the pseudonym of the artist, under which he will be visible on Stagebay, the country and the artistic category, and provides a telephone number for the verification of the account and the possible resolution of technical problems; by selecting "Organiser", the user gives the official name under which he will be visible on Stagebay and provides a telephone number for the verification of the account and the possible resolution of technical problems;

b. after receiving the SMS code to the given telephone number, the User enters the received code in the appropriate field and activates the Artist/User Account Service by clicking the "Confirm" button; upon activation, the contract for the provision of the Service is concluded;

c. upon activation of the User/ Artist/ Account, the User shall provide billing data as a private person or a person conducting business activity by selecting the "I have a company" or "Private person" field as appropriate; it will be necessary to provide the name of the company/name and surname, address, country of business activity / residence, in the case of business activity also the Tax Identification Number and acceptance of relevant notices; the billing data provided shall be accepted by clicking the "Save" field; the condition for receiving payments is having a PayPal account;

5. In order to use the Contact Service, the User:

a. using the contact form provided on stagebay.com, enter your enquiry and provide your e-mail address, agree to the processing of your data and then send the form by clicking on the appropriate button on the site, or send an e-mail with the enquiry to office@stagebay.com,

b. the Service Agreement is concluded at the moment of sending the enquiry,

c. Stagebay will respond to your enquiries within 15 working days of receiving your enquiry between 9:00 and 17:00 UTC/GMT +1.

6. In order to use the marketing and promotional campaigns organised by Stagebay, the User follows the instructions set out in the rules of the given Action.

7. The User may at any time, without giving reasons, resign from the Service, the use of which requires disclosure of his/her data (including personal data), by sending an e-mail to office@stagebay.com with a request to discontinue the service. Stagebay confirms the termination of the agreement by sending a message to the user's e-mail address. If the use of the Service requires a payment to be made by the User, cancellation of the Service is possible after the due payment has been made.

8. The cancellation of the Newsletter service may also be effected by withdrawing consent to receive commercial information via e-mail.

9. Cancellation of the User's Account service may also be executed by clicking "Delete account" in the Account panel. Regardless of the choice of the method of resignation, as a result of the resignation, the account and all data collected thereon shall be irretrievably deleted, subject to the provisions of the Regulations, Privacy Policy and the regulations of the law. Deleting a User Account shall also result in deleting the related Artist/Organiser Account. After resigning from the Service, the User may at any time start using the Service by re-creating a new Account.

10. Stagebay is entitled to terminate the agreement to provide the Services when:

a.         The User violates the Rules and Regulations,

b.         Stagebay will take reasonable, reliable information that the action of the User is contrary to the law, morality, personal rights or legitimate interests of Stagebay,

c.         The User uses the services contrary to their purpose,

d.         The User has not made the required payment for the Service.

11. Stagebay may refuse to provide the Services to you if this is justified for safety reasons and in other cases under applicable law.

§ 7 Terms of Use of Stagebay for Users

1. Through the Stagebay Website Users can browse the offer of Events offered by Artists and Organisers. In order to participate in a live Event or play a recording of the Event, the User must have an active User Account on the Site.

2. Events may be free of charge or paid for.

3. In the case of paid Events, it is necessary to purchase a ticket; payment for the ticket shall be made in Coins. The purchase of Coins is possible from the User's Account. Payment for Coins is possible using a payment card or User's PayPal account.

4. The User may top up his or her account with any number of Coins from the available packages, but not more than 5000 per day. The price of individual Coins or packages is notified to the User each time before making a purchase. A service fee of 15% of the value of the transaction will be added to the price of purchased Coins. Coins purchased by the User are not subject to exchange for money.

5. Coins can be transferred  to the Artist or Organiser in the selected number or exchanged for virtual gifts to the Artist or Organiser currently available on Stagebay. Coins and virtual gifts are umeant to support the Artists and Organisers and are accumulated in the Artist/Organiser Account. The Artist/Organiser may exchange Coins for real money once they have reached the limit specified in the present Rules and Regulations.

6. The provision of Coins and gifts to Artists and Organisers is possible at both free and paid Events.

7.  Stagebay distinguishes 5 types of tickets:

a) free tickets - dedicated to free Events, costs 0 Coins; purchase of a free ticket is possible only by Active Users,

b) regular tickets - entitles one to enter the selected live Event once, the price for the ticket is given at a given Event in Coins; the price is fixed and non-refundable, regardless of whether you have viewed the entire Event or only a part of it; the ticket is purchased for one’s own use (only the User or the User together with their close family);

c) tickets paid per minute - entitles the User to use the Event (participation in a live Event) for any time, provided that they have a sufficient number of Coins; the calculation of minutes starts with the click "watch for minutes", the fee in Coins is charged for each commenced minute; the calculation of minutes is interrupted the moment the Event is put off - the remaining minutes may be used at any time; the ticket is purchased for one’s own use (only the User or the User and their close family);

d) commercial tickets - dedicated to Users who want to make the Event available to a greater number of people - one commercial ticket entitles the User to reproduce the Event for a maximum of 100 people at a time (e.g. in a catering establishment); if there are more than 100 people in the place where the User makes the Event available at the same time, the User is obliged to purchase a correspondingly number of tickets (e.g. for 350 people 4 commercial tickets must be purchased);

e) gift tickets - tickets purchased by the User for another person, provided to that person by Stagebay via e-mail; in order to use the gift ticket, the recipient must create a User Account; the ticket is for personal use (only by the User or the User together with their close family).

8. In case of purchasing a ticket described in point 7.b,  7.d and 7.e above, if the Event for which the ticket was purchased does not take place, the Coins paid for the ticket are returned to the User's Account.

9.  Having a ticket means that you possess a licence to view and play the Event. It is forbidden to use the tickets against their purpose as defined in the Rules and Regulations. Any attempt to play the Event without purchasing a ticket or using the ticket by unauthorised persons, as well as downloading, copying and further making the Event available shall constitute a violation of the law and may result in the User incurring civil (including financial) or criminal liability.

10. The User may use the content made available by the Artist/Organiser in a manner other than its reproduction only with the express consent of the Artist/Organiser.

11. The User may use the Stagebay to track their favourite Artists and Organizers in order to receive information about the Events they organise. By choosing to track the Artist/Organiser, the User agrees to receive information about the Artists/Organisers and their Events via Stagebay. The User may at any time opt out of tracking the Artist/Organiser.

12. Stagebay may suspend or delete the User's Account in case of the User’s violation of the provisions of the Rules and Regulations or the law, as well as in case of Stagebay's decision to discontinue its current activities. As far as possible, Stagebay will inform the User of the reason for the suspension or cancellation of the User Account.

§ 8 Rules of Using Stagebay for Artists and Organisers

1. The condition for using the Website and placing the content on the Website as an Artist or Organiser is that the User has set up an Artist Account or Organiser Account respectively.

2. The Artist/Organiser may create Events of any name and description, setting the time when the Event will take place (the Event may be created in advance or spontaneously). The Artist/Organiser decides whether the Event will be free or paid for and sets the ticket prices.

3. The Artist/Organiser may decide that the Event shall be available only live, or record and make the Event available for playback by the Users for a specified period of time.

4. Coins obtained for tickets and directly from Users, as well as the equivalent in Coins of gifts received from Users shall be credited directly to the Artist/Organiser's Account. Collected Coins, after reaching a minimum of 500 Coins, the Artist/Organiser may exchange for their current value in money. These funds will be transferred to the Artist/Organiser's PayPal account.

5. Coins can be exchanged for money no earlier than 14 days after receiving the Coins/present from the User and after the end of the Event in which the Coins/presents were handed over to the Artist/Organiser (both conditions must be met simultaneously).

6. The payment of money to the Artist/Organiser is made after Stagebay has deducted a commission of 20% of the funds paid out. In the event that:

a) The Artist/Organiser is an entrepreneur in Poland - the VAT rate (currently 23%) shall be added to the commission; the Artist/Organiser is obliged to settle the income tax on their own;

b) The Artist/Organiser is an entrepreneur outside Poland - is not subject to VAT in Poland, is obliged to settle and pay taxes in their country,

c) The Artist/Organiser is a natural person not conducting business activity - the amount of VAT at the applicable rate (currently 23%) is added to the commission; the Artist/Organiser is obliged to settle the income tax on their  own.

7. At the request of the User, the Artist/Organiser is obliged to issue an accounting document showing the equivalent of Coins or gifts received by the Artist/Organiser.

8. In the event that the relevant payment institution requests Stagebay to return the funds exchanged for Coins or gifts and given to the Artist/Organiser, e.g. if the funds came from a stolen card, Stagebay is obliged to return the funds as requested by the payment institution, which will result in the corresponding amount being deducted from the Artist/Organiser's Account. If the Artist/Organiser has already exchanged these funds for money, they are obliged to return the equivalent of these funds.

§ 9 Licence

1.  By posting on Stagebay any content (verbal, graphic, video, audio, including Events, their recordings, descriptions, names, graphic design, etc.), the User (including the Artist/Organiser):

a) declares that the content is their property or they are authorised to use it to the extent appropriate; in the event of claims made to Stagebay in connection with the content provided by third parties, undertakes to assume these claims and to indemnify Stagebay against liability;

(b) in return for the possibility of making the content available on the Stagebay platform, grants Stagebay a licence to use the content provided, without any territorial or temporal restrictions, at no extra charge, in the following fields of exploitation:

˗ to publicly demonstrate, make available, display in whole or in part by any means, including in such a way that anyone can access the content at a place and time of their choice,

˗ permanent or temporary recording or multiplication of the content in whole or in part, by any technique, without quantitative limitation, on any medium,

˗ using and distributing the content in whole or in part in any way, including for marketing and advertising purposes, placing the content in promotional materials in electronic or physical form,

˗ entering into computer memory (regardless of system, format or standard, making backups and disposing of these copies) and into the Internet, distribution on the Internet,

(c) agrees that Stagebay may dispose of and use content development (translations, adaptations, adaptations) in the fields of exploitation referred to in paragraph 1(b) above, including granting further authorisations to third parties,

(d) authorise Stagebay to exercise personal copyrights on their behalf,

(e) declares that their rights to content are not limited in such a way as to make it impossible to grant the authorisations and consents described in paragraph 1(b-d) above.

2. By making the content available on Stagebay to other Users, the User grants other Users a licence to use the content posted, without territorial or temporal restrictions to the extent permitted by the Rules and Regulations, in particular to display, make available and distribute it, as well as to make the necessary arrangements and use it (in particular to adjust sound and image when broadcasting on the basis of commercial tickets).

3. Licences expire upon deletion of the content, except where the operation of the Stagebay Services requires the use of content to which prior consent has been given, or where the law provides otherwise or is justified by the purpose of evidence.  In particular, the removal of content by the User does not require Stagebay to remove copies which are reasonably necessary for legal purposes. In particular, it is always considered reasonable to keep the content for up to 30 days after the deletion of the content by the User - due to potential claims for damages, or Stagebay becomes aware (alone or from another User) that the content violates the Rules and Regulations, legal regulations or rules of social coexistence.

4. The User may remove content from Stagebay at any time. The User may also make a copy of their content before deleting it. The User must delete the content if he/she has lost the right to this content.

§ 10 Complaint Procedure and Withdrawal from the Contract

1. Complaints in matters concerning the Services should be submitted electronically to the

e-mail address: office@stagebay.com with the title "Complaint".

2. The complaint should contain the name, surname, correspondence address, User's e-mail address, description of the subject of the complaint, including specification of the request and its justification and signature of the person submitting the complaint.

3. Complaints will be dealt with by Stagebay within 14 days of their receipt. If a complaint cannot be dealt with within that period, Stagebay will inform the complainant within this period of time of the reasons for the delay and of the expected date of processing the complaint.

4.  Stagebay will immediately notify the user who is making the complaint by e-mail to the e-mail address provided in the complaint or by registered mail to the address stated in the complaint.

5. Stagebay reserves the right not to deal with complaints arising from ignorance of the Rules and Regulations or the law.

6. The User is not entitled to withdraw from the contract when concluding a contract with Stagebay for the provision of services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of provision of the service and if the service is provided in full with the User's consent. By purchasing a Coins, a ticket or a virtual gift, the user agrees to lose his right of withdrawal. Unused Coins are not subject to exchange or refund, subject to the provisions concerning the Artist/Organiser Account. The purchased ticket is not exchangeable or refundable, subject to the contrary provisions of the Rules and Regulations.

§ 11 Final Provisions

1 Stagebay is not responsible for the actions of the Users or third parties that are inconsistent with the provisions of these Rules and Regulations.

2. Users' personal data are processed for the purposes, to the extent and on the basis of the rules and principles set out in the Privacy Policy published on Stagebay.

3. The content of the Website, other then the content made available by the Artists/Organisers, including texts, graphics, photos, animated photographs, films, illustrations and in some cases sounds and software, is the property of Stagebay. This content is protected by copyright and other laws. Their use is only permitted with the express consent of Stagebay.

4. By accepting the Rules and Regulations, you agree to receive from Stagebay accounting documents relating to your transactions in electronic form.

5. Stagebay reserves the right to make changes to the Rules and Regulations, in particular those resulting from changes to the way Stagebay operates, changes to the law or for security reasons. Stagebay will inform the Users of the changes and will give them the opportunity to review the changes in advance, with the provision that changes relating to new features made available in the Service or introduced for legal reasons take effect as soon as they are introduced. The changes are effective with regard to future events, i.e. after the changes have been made. If you do not accept the modified conditions, you should remove any content you have submitted and cancel your use of Stagebay.

6. In the event that any of the terms and conditions of the Rules and Regulations  are not enforceable, the validity and enforceability of the remaining terms and conditions remain unaffected.

7.  Stagebay may assign the rights and obligations under these Rules and Regulations to another entity.

8. In matters not regulated by these Rules and Regulations, the generally applicable provisions of the Polish law apply, in particular: Civil Code; Act on the provision of electronic services of 18 July 2002. (Journal of Laws of 2002 No. 144, item 1204 as amended). In the case of disputes arising from these Rules and Regulations, the jurisdiction shall lie with the Polish courts, subject to the provisions applicable to the countries of the European Economic Area and Switzerland.

9. The User may submit any comments concerning the Website and the Services via the contact form available on the Website or via e-mail to: office@stagebay.com.

10. The Privacy Policy constitutes an integral part of these Rules and Regulations. The User is obliged to read both the Rules and Regulations and the Privacy Policy before using the Website and Services.