- 1Object and scope of application
- 2Definitions
- 3The BECKSTAGE Platform
- 4User accounts and access to the Platform
- 5Bookings and participants
- 6Deals
- 7Accounting and financial information
- 8User obligations and acceptable use
- 9User content and uploaded materials
- 10Intellectual property
- 11Availability, maintenance and changes to the Platform
- 12Third-party services and integrations
- 13Fees and subscription
- 14Data protection
- 15Liability
- 16Suspension and termination
- 17Amendments to these Terms
- 18Applicable law and dispute resolution
- 19Assignment
- 20Severability
- 21Entire agreement
- 22Contacts
Welcome to BECKSTAGE.
These Terms and Conditions govern access to and use of the BECKSTAGE Platform.
By accessing or using the Platform, the User agrees to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.
1Object and scope of application
The BECKSTAGE Platform is owned and operated by BECKSTAGE TECHNOLOGIES, LDA, a company incorporated under the laws of Portugal, with registered office at Rua Vera Lagoa, 10, 18 A, Lisboa, legal person identification number 519520211 and email address hello@beckstage.music (hereinafter referred to as “BECKSTAGE”).
These Terms govern access to and use of the Platform and the services and functionalities made available through it by all Users of the Platform.
The Platform is designed to support the organization and management of concerts and other musical events and to facilitate the coordination of the artists, musicians, technicians, producers, promoters and other professionals and entities involved in such events.
2Definitions
For the purposes of these Terms:
- “Account” means the registered user account created by a User to access and use the Platform, including the associated login credentials.
- “Artist” means a musician, performer or other individual whose artistic services may be the subject of a Booking or Deal.
- “Booking” means a concert, performance or other engagement created or managed through the Platform.
- “Deal” means the record, within the Platform, of certain terms of an existing representation arrangement between an Artist and an agency or other representative, including, where applicable, the commission and scope of representation.
- “Platform” or “Beckstage Platform” means the BECKSTAGE website, mobile application and related services.
- “Party” means BECKSTAGE or a User, and “Parties” means both of them.
- “Representative” means an agency or other User authorized, through a Deal, to act on behalf of an Artist within the Platform.
- “Role” means the function or capacity assigned to a User in connection with a Booking or within the Platform.
- “Terms” means these Terms and Conditions, as amended from time to time.
- “User” means any individual or entity accessing or using the Platform.
- “User Content” means any information, document, image or other content submitted or uploaded by a User through the Platform.
Capitalized terms defined in these Terms and Conditions may be used in the singular or the plural and shall retain the same meaning.
3The BECKSTAGE Platform
BECKSTAGE provides digital tools designed to support the organization and management of Bookings and the coordination of the Users involved in them.
Depending on the User’s Role and the functionalities available, the Platform may allow Users to create and manage Bookings, invite other Users, share and manage information, assign responsibilities and manage logistical, technical and financial information relating to a Booking.
Where an agreement between an Artist and an agency or other representative is recorded through a Deal, the Platform may allow such agency or representative to create and manage Bookings on behalf of the Artist, according to the terms recorded through the Platform and the permissions available.
Information regarding Bookings and the amounts recorded through the Platform is provided on the basis of information entered by Users. BECKSTAGE does not verify such information and does not process or make payments between Users.
4User accounts and access to the Platform
Access to and use of the Platform require the User to create and maintain an Account and provide the information requested for registration. Users may be invited to join the Platform by other Users through the use of their email address, but must complete the registration process and create an Account before accessing any information or using any functionality of the Platform.
Users must be at least 18 years of age to create an Account and use the Platform. By creating an Account, the User represents that they meet this age requirement.
Users must ensure that the information provided is accurate, complete and up to date and are responsible for keeping their login credentials secure and confidential.
Users are responsible for all activity carried out through their Account and must immediately notify BECKSTAGE of any unauthorized access or use.
Access to certain functionalities and information may vary according to the User’s Role and the permissions assigned through the Platform.
Where a User accesses or uses the Platform on behalf of an entity, the User represents that they are duly authorized to act on behalf of that entity. The User shall remain solely responsible for any acts or omissions in connection with such use and shall indemnify and hold BECKSTAGE harmless from any claims, losses or damages arising therefrom.
5Bookings and participants
Users may create, manage or participate in Bookings through the Platform, according to their respective Role and permissions.
Users may invite other individuals or entities to participate in a Booking and may share information with them through the Platform.
The creation of a Booking or the sending or acceptance of an invitation through the Platform does not, in itself, establish any contractual or professional relationship between the relevant Users, unless otherwise agreed directly between them through an enforceable agreement.
6Deals
The Platform may allow Users to create and manage a Deal recording certain terms of an existing representation arrangement between an Artist and an agency or other representative, including the applicable commission, scope of representation and territory.
Users are responsible for ensuring that the terms recorded in a Deal accurately reflect the agreement between the relevant parties.
A Deal will become active within the Platform when all relevant parties to the Deal have accepted the terms recorded in it. Such confirmation may enable the agency or representative to access and use the relevant functionalities of the Platform on behalf of the Artist, in accordance with the scope of representation recorded in the Deal.
BECKSTAGE provides the technical functionality to record and manage Deals but does not negotiate, determine or verify their terms and is not a party to the underlying agreement between the relevant parties to the Deal.
Any replacement or termination of a Deal shall be made by the relevant parties in accordance with the terms agreed between them and, where applicable, through the functionalities made available by the Platform.
7Accounting and financial information
The Platform may allow Users to record and organize financial information relating to a Booking, including fees, expenses, commissions, earnings and amounts payable or receivable.
Users are responsible for the accuracy of the financial information entered into the Platform and for verifying such information before closing or locking the relevant Booking accounts.
Once the accounts of a Booking are closed and locked through the Platform, certain financial information may no longer be editable, subject to the functionalities made available by BECKSTAGE.
BECKSTAGE does not process payments between Users. Any payment, collection, reimbursement or settlement of amounts recorded through the Platform shall be made directly between the relevant parties.
Any indication that an amount has been marked as paid, settled or otherwise completed through the Platform reflects information entered or confirmed by Users and does not constitute confirmation by BECKSTAGE that the relevant payment has actually been made.
8User obligations and acceptable use
Users shall use the Platform in accordance with these Terms and applicable law and shall, in particular:
- a.provide accurate and up-to-date information;
- b.keep their Account credentials confidential and not allow unauthorized persons to access their Account;
- c.not impersonate another person or entity or otherwise provide false or misleading information;
- d.not use the Platform for unlawful, fraudulent or unauthorized purposes;
- e.not upload or share content that infringes the rights of BECKSTAGE or third parties, including intellectual property, privacy or confidentiality rights; and
- f.not interfere with the security or proper functioning of the Platform.
Users are responsible for the information and content they provide or share through the Platform.
9User content and uploaded materials
Users may submit, upload or otherwise make available User Content through the Platform.
Users remain responsible for the User Content they provide and must ensure that they have the necessary rights and authorizations to use and share such content through the Platform.
By submitting or uploading User Content, Users grant BECKSTAGE a non-exclusive right to store, reproduce and otherwise process such content to the extent necessary to operate and provide the Platform and its functionalities.
BECKSTAGE may remove or restrict access to User Content where reasonably necessary to comply with applicable law, these Terms or a request from a competent authority.
10Intellectual property
All intellectual property rights in and to the Platform, including its software, design, interfaces, trademarks, logos, texts and other content made available by BECKSTAGE, belong to BECKSTAGE or its licensors.
Subject to these Terms, BECKSTAGE grants Users a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for its intended purposes.
Users shall not copy, modify, reproduce, distribute, reverse engineer or otherwise exploit the Platform or any of its components, except where expressly permitted by law.
11Availability, maintenance and changes to the Platform
BECKSTAGE will use reasonable efforts to keep the Platform available and operational, but does not guarantee uninterrupted or error-free access.
The Platform may be temporarily unavailable or have limited functionality due to maintenance, updates, technical issues, security incidents or circumstances beyond BECKSTAGE’s reasonable control.
BECKSTAGE may modify, update or discontinue functionalities of the Platform where reasonably necessary, including for technical, security or legal reasons.
12Third-party services and integrations
The Platform may use or integrate with services and technologies provided by third parties, including hosting, communications, authentication, analytics or other technical services.
The availability and use of certain functionalities may therefore depend on third-party services. BECKSTAGE shall not be responsible for interruptions or failures attributable to such third parties, except where otherwise required by applicable law.
13Fees and subscription
Access to and use of the Platform may be subject to fees or subscription charges, depending on the services and plan selected by the User.
Where applicable, the applicable fees, billing conditions and other relevant terms will be made available to the User before the relevant service is activated.
14Data protection
BECKSTAGE processes personal data in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 (General Data Protection Regulation). Further information on the processing of personal data in connection with the Platform, including the categories of data processed, the purposes and legal bases for processing, data retention periods and the rights of data subjects, is available in the BECKSTAGE Privacy and Cookies Policy, available at beckstage.music/privacy.
15Liability
BECKSTAGE shall provide the Platform with reasonable care and skill. However, BECKSTAGE does not guarantee that the Platform will always be available, uninterrupted or error-free.
BECKSTAGE is not responsible for the accuracy, completeness or legality of information or content provided by Users, or for the acts or omissions of Users in connection with their use of the Platform.
BECKSTAGE provides a technology platform and is not a party to any agreement or arrangement between Users, including any Deal or Booking, nor does it act as an agent, representative, employer, producer, promoter or other intermediary between them. BECKSTAGE is not responsible for the performance of such agreements or for disputes arising between the relevant parties.
BECKSTAGE does not verify the terms of any Deal, Booking or other arrangement recorded through the Platform and is not responsible for whether the information recorded accurately reflects the agreement between the relevant Users.
Information concerning fees, commissions, expenses, earnings, balances or other amounts displayed or calculated through the Platform is based on information provided by Users and does not constitute verification by BECKSTAGE of any payment obligation or entitlement. BECKSTAGE does not make, process or guarantee payments between Users.
Nothing in these Terms excludes or limits BECKSTAGE’s liability to the extent that such exclusion or limitation is not permitted by applicable law.
To the maximum extent permitted by applicable law, BECKSTAGE’s total aggregate liability to any User under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees paid by that User to BECKSTAGE during the twelve (12) months immediately preceding the event giving rise to the claim.
16Suspension and termination
Users may cease using the Platform at any time and, where applicable, request the closure of their Account.
BECKSTAGE may suspend or terminate access to the Platform or to an Account where reasonably necessary, including in the event of a breach of these Terms, unlawful or abusive use of the Platform, or where required for security or legal reasons.
Where reasonably possible, BECKSTAGE will inform the User of the suspension or termination and, where appropriate, provide an opportunity to remedy the relevant breach.
Suspension or termination of access to the Platform shall not affect any rights or obligations which, by their nature, are intended to survive termination.
17Amendments to these Terms
BECKSTAGE may amend these Terms from time to time, including to reflect changes to the Platform, its functionalities or applicable law. BECKSTAGE will provide Users with at least ten (10) days’ prior notice of any material amendments.
Any amendments will be made available through the Platform or otherwise communicated to Users where appropriate.
The amended Terms will apply from the date indicated by BECKSTAGE.
If a User does not agree with any material amendment to these Terms, the User may terminate their Account and cease using the Platform before the amended Terms come into effect. Continued use of the Platform after the amended Terms come into effect shall constitute acceptance of the amended Terms.
18Applicable law and dispute resolution
These Terms shall be governed by Portuguese law, without prejudice to any mandatory provisions of law applicable to the User.
Any dispute arising out of or in connection with these Terms shall, where possible, be resolved amicably between the parties.
Subject to any mandatory provisions of law applicable to consumers, the Portuguese courts shall have jurisdiction over any disputes arising out of or in connection with these Terms.
19Assignment
Users may not assign, transfer or sublicense any of their rights or obligations under these Terms without the prior written consent of BECKSTAGE. BECKSTAGE may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms.
20Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable by a court or other competent authority, such invalidity, illegality or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that most closely reflects the original intent of the Parties.
21Entire agreement
These Terms, together with the Privacy and Cookies Policy and any other policies or guidelines published on the Platform, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations or agreements, whether oral or written.
22Contacts
If you have any questions regarding these Terms or the Platform, you may contact BECKSTAGE at:
BECKSTAGE TECHNOLOGIES, LDARua Vera Lagoa, 10, 18 A, Lisboahello@beckstage.music