DAYSTAGE’S TERMS & CONDITIONS

Last update: May 2018

Updated: November 28, 2018

Daystage ("Daystage", "we", "our", "Company") welcome you (the "User(s)", or "you") to our primary website at http://www.daystage.com/ (collectively, the "Site"). Our Site offers basic information regarding our Company and our services ("Service(s)" as further detailed below). Each of the Site's Users may use the Site in accordance with the terms and conditions hereunder.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site and/or the Services (as further detailed below), you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy www.daystage.com/privacy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Daystage and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICES IN ANY MANNER.

The Site is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.

  1. The Site and the Services

 

Daystage offers a platform for artists such as musicians, dancers actors and other performers to create their own profile pages and post their videos throughout the Site. The Site currently provides multiple services and tools that allow Users to obtain exposure for themselves, including, inter alia, participating in contests through the Site and setting up on-line profiles which may be used to provide information about such artists. The Service includes social platforms, enabling Users to share various kinds of information, including texts, photos, videos and other expressions (the "User Generated Content" as further detailed below).

(Collectively: the "Service(s)")

 

The Site may provide you with comprehensive information and news regarding the Company, job opportunities available at Daystage and resources such as chats, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, the Site provides Users who sign up for our newsletter certain services, for example, provide Users with updates via e-mail regarding the Company's developments, new services, etc. (the "Newsletter Subscription"). Further, the Site provides the Users the ability to contact our support team via the Contact Form available in our Site ("Contact Form").  

 

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE (OTHER THAN THE USER GENERATED CONTENT) ARE RESERVED TO DAYSTAGE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. DAYSTAGE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN AND/OR THE USER GENERATED CONTENT.

 

YOUR USE OF THE SERVICES AND/OR THE SITE AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

 

YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE SERVICE PARTICULARLY IF YOU CHOOSE TO MEET THEM IN PERSON. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS OWN SAFETY.

 

IT IS HEREBY CLARIFIED THAT DAYSTAGE IS NOT A PARTY TO ANY AGREEMENTS EXECUTED AMONG ITS USERS, WITH RESPECT TO, INTER ALIA, SCHEDULED EVENTS AND PERFORMANCE TRANSACTIONS, AND THAT IT DISCLAIMS ALL LIABILITY IN CONNECTION THERETO. WE DO NOT ENDORSE ANY USER OF OUR SERVICES, AND DAYSTAGE CAN NOT MAKE ANY REPRESENTATION WITH RESPECT TO THEIR IDENTITY AND WHETHER SUCH USER IS TRUSTWORTHY.

 

Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

  1. Use Restrictions

 

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Daystage's sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Daystage, you may not (and you may not permit anyone  to: (a) use the Site and/or the Content and/or User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Daystage or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the User Generated Content and/or Content made accessible by Daystage on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Daystage's proprietary rights, including Daystage's Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Daystage’s prior written consent; (l) create a browser or border environment around Daystage Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Services and/or Content and/or User Generated Content; (n) frame or mirror any part of the Site without Daystage's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (s) infringe and/or violate any of the Terms

  1. Registration and User Account

 

Visitors of the Site are not required to open an account. However, using the Service and/or the Interactive Areas (as defined below) requires you to open an account (the “Account“). Registration can be made by completing the registration process in the Site which requires you to provide the Company your full name, e-mail address, gender, birthday and a password. Registration may also be done by using an existing social network account (e.g., Facebook), as further detailed in our Privacy Policy.

 

Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. 

You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.

You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Daystage. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.

If you wish to either change your user name or password to log-in to the Service, or cancel and remove your Account, you may use the settings menus or you can send us an e-mail of your request to: team@daystage.com. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy).

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

  1. User Generated Content

The Site includes a social platform, enabling Users to share and upload, post, publish or make available their own copyrightable materials such as drawings, designs, animations, literary works, texts, images, photos, videos and any other proprietary materials (collectively, the “User Generated Content”).

The following terms apply to your User Generated Content:

You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights, privacy rights or publicity rights.

THE USER GENERATED CONTENT THAT YOU UPLOAD IS PUBLICLY AVAILABLE TO OTHER USERS; AND, THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.

You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content. Daystage will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.

You expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.

You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Daystage to use or possess in connection with the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).  

Although Daystage has no obligation to screen, edit or monitor any of the User Generated Content, Daystage explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content and replacing any User Generated Content you post or store on the Site at your sole expense.

Daystage takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the Site, or for any loss or damage thereto, nor is Daystage liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.

Daystage may create limits on the use of the Site including limitation on size and storage space available for Users to upload User Generated Content.

The Site is accessible from around the world but this does not mean all Services or service features are available in your country, or that the User Generated Content is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services including the User Generated Content is legal in the country where you live.

As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the Site and/or App is offensive harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content and please contact our Misconduct Agent or our Copyright Agent, as applicable (for more information see below).

  1. License to User Generated Content

As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes and in order to enable different functions in the Site.

When you upload, post, publish or make available any User Generated Content on the Site, you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content), store and use such User Generated Content, in connection with the Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving Daystage and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.

When you upload, post, publish or make available any User Generated Content, you grant to each User of the Site a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content on our Site. Please note that the Company cannot monitor or control what other Users do with your User Generated Content.

DAYSTAGE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES, NOR IS DAYSTAGE LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER WITH RESPECT TO THE USER GENERATED CONTENT.

  1. Interactive Areas

The Site offers an online platform for registered Users wherein they can interact with each other through private chat features, "Applause" to artists, hire artists, follow artists, and through which Users can discuss, review, comment etc., on User Generated Content uploaded to the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk

As a provider of such Interactive Areas, Daystage is not liable for any statements, representations or User Generated Content provided by its Users in such Interactive Areas.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing restrictions specified in these Terms, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the Service.

  1. Misconduct and Copyright Agent

We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address which appears in the Site.

Daystage respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Daystage's Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Daystage's Copyright Agent can be reached at the e-mail address at: team@daystage.com.  

  1. Contacting us via the Site

You do not have to register in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form https://www.daystage.com/help.The Contact Form requires the User's e-mail address and full name. In addition, the User may also provide his/her phone number in the text box (optional).

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in details in our Privacy Policy at www.daystage.com/privacy which is incorporated herein by reference. You agree that Daystage may use personal information that you provide or make available to Daystage in accordance with the Privacy Policy. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Daystage (“