Terms of Service

Version dated September 10, 2021 STAGE INC Terms of Use

Welcome to Stageverse (“Stageverse” or “Service”) a virtual world that is owned and operated by Stage, Inc. (“Stage”). Whether you discover Stageverse through the website, after downloading the mobile application or downloading the Virtual Reality (“VR”) Application to your Oculus Quest, (collectively “App” or “Apps”) these Terms of Use (“Terms”), the Stage Privacy Policy, the DMCA copyright dispute policy, and any other policies identified herein and/or provided to you prior to or during your use of the App represent a legal agreement between you and Stage regarding your use of the App and our operation of the App. By accessing and using the App you are agreeing to be bound by and comply with these Terms of Use and the Privacy Policy. Please do not use this App if you do not agree to all of these Terms including the terms of the Privacy Policy. The latest Terms and Privacy Policy can be found on our website here (Terms) and here (Privacy Policy). Stage has the right to revise these Terms at any time in its sole discretion. If Stage makes a material revision to the Terms we will let you know on the App and/or via email and/or text message (depending on how you authorize us to contact you). Your continued use of the App will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms unfortunately you will not be able to continue visiting Stageverse. If you do continue visiting Stageverse, you are agreeing to accept the new Terms and Conditions. Since this is a contract, Stage has the right to terminate it and prevent you from using the App and visiting Stageverse if you violate these Terms, in addition to pursuing any and all claims of relief available to Stage under the law. You must be at least 13 years old in order to use the App and agree to these Terms. If you are agreeing to these Terms and using the App on behalf of a company, you acknowledge and agree that you are legally entitled to bind the company to these Terms and that your use of the App on behalf of the company is fully authorized by your company. Stageverse is a social, virtual world of interaction, discovery, private clubs, events and activities in a 3D environment, attended by avatars, and featuring both original Stage and third-party creations in art, music, film, sports, fashion, games, private clubs and technology and including virtual goods and NFT’s (collectively “Events”). To do this, Stage has relationships with record labels, publishing companies, artists, performers, concert promoters, brands, technology providers and other intellectual property owners to market and offer the Events to you. Events are presented in 360° video, so you have the option of experiencing Stageverse in virtual reality (“VR”), and you will need to use an Oculus Quest to view them in VR. Events may be available for free or for purchase. When you purchase or otherwise gain access to an Event, Stage may indicate how long the Event will be available to you for viewing, engagement and/or use (in the case of virtual goods). Stage has no obligation to refund any fees paid for Events. Stage does not collect or store personal credit card or other payment information. Please see our Privacy Policy for more information on what information we collect and how we store and use the information we collect. If you download and access the Service, you will be required to give us a valid email address or mobile phone number and create a password. All of your Events are stored under your email address and/or mobile phone number and your email address and/or mobile phone number must be used to recover access to a purchased Event. Thus, you must notify us immediately of any changes to your email address or mobile phone number following your purchase of an Event.

Intellectual Property:

Everything on this App except your personal information that you provide us through the App is owned by Stage or our third-party partners. It is not owned by you. You cannot steal it, scrape it, record it, copy it, revise it, reverse engineer it, or use it in any way other than how we have presented it to you on the App. Any violation of these Terms or improper use of the intellectual property on the App or with regard to the Service is a violation of law and Stage will cooperate with the intellectual property owners to prosecute such violations to the fullest extent of the law. Any commercial distribution, publishing or exploitation of the App, or any content, code, data, intellectual property and/or materials on the App (collectively “Content”), is strictly prohibited unless you have received the express prior permission of Stage or the applicable rights holder. Once you have legally purchased an Event on the App by registering, reading and agreeing to these Terms and paying the fee, if any, you may experience the Event as many times as you wish for so long as the Event is available. The Event is made available only for your personal use. You may not otherwise record, copy, reproduce, distribute or otherwise exploit the Event. If you post any photos and/or video of you experiencing an Event on your social media channels, Stage and/or its third party partners have the right to claim and/or take-down any photo or video Content you post. If you make other use of the Event or this App, or the Content therein, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Stage and its third-party Content providers will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to criminal prosecution.

User Interaction:

You can communicate with the avatars of users around you in Stageverse. All of your communications can be heard by those around you and may be recorded by Stage and/or by other users and shared on social media by Stage and/or other users. You may also use virtual goods to draw and create in Stageverse. All your drawings and/or creations may be seen by other users. Anything you create, speak, and/or share in Stageverse (collectively “User Creations”) are subject to the license agreement below and the terms and conditions herein. You are solely responsible for all User Creations. You represent that you have the sole and exclusive right to provide and license User Creations to Stageverse under the terms herein. You also agree that you will not speak, post, upload, share, store, or otherwise provide through the App any User Creations that: (i) infringe or violate any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation trademark, patent or copyrights) or contract rights; (ii) are defamatory, disruptive, unlawful, offensive, false, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, threatening, excessively violent, harassing, illegal or otherwise objectionable; (iii) incite, encourage or threaten immediate physical harm and/or promote or advocate racism, bigotry, sexism, religious intolerance or harm against any group or individual; (iv) promote personal business, brands or ventures without the express written consent of Stage; or (viii) that violate any law. Stage has the exclusive right to determine whether a user has violated one or more of these prohibitions and can immediately and without advance notice terminate your right to access the App, including any Events whether paid or free. You will not be entitled to a refund if you violate these provisions.

User Creations License:

Any User Creation will be considered non-confidential and non-proprietary, and you grant Stage a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Creation(s) throughout the world in any media, although any personal information shall be subject to the terms of the Privacy Policy.

VR:

Virtual Reality experiences have been reported to cause disorientation, dizziness, vision disturbances and other symptoms of discomfort. You should stop viewing the Events in VR if you experience any type of discomfort and consult a physician. If you choose to use experience Events in VR, you do so at your own risk.

Accounts:

In order to access Stageverse, you must create an account. You agree that all information you provide through the App during the account creation process will be accurate, truthful, current and complete and you agree to ensure such information remains current and accurate for so long as you use the App and Stageverse. You shall not impersonate any person or entity or misrepresent your identity or your affiliation with any person or entity. You also agree to promptly notify us of any unauthorized use of your name, likeness, or account in connection with the App. When you register with Stage and access Events, the information you provide to Stage may be shared with the licensor(s) of the Events you experience. Details about how and when Stage may share your personal information can be found at the Stage Privacy Policy.

Disclaimer:

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO STAGE OR ANY THIRD PARTY APPS OR SERVICES LINKED TO FROM THE STAGE APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT STAGE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF APP. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO ANY APP AND THE CONTENTS AND EVENTS AND WITH RESPECT TO ANY CONTENT YOU PROVIDE TO THIRD PARTY APPS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. We reserve the right to do any of the following, at any time, without notice, to: (1) modify, suspend or terminate the operation of or access to the Apps, Events, and/or Intellectual Property or any portion thereof, for any reason; (2) modify or change the Apps, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Apps, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability:

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL STAGE, INC. BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF STAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPS, SERVICES OR EXPERIENCES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APPS, SERVICES OR EVENTS; OR (III) ANY OTHER MATTER RELATING TO THE APPS, SERVICES OR EVENTS. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, STAGE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE APPS, SERVICES OR CONTENT, STAGE’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF THE TOTAL AMOUNT OF THE FEE(S) PAID BY YOU FOR EVENTS THROUGH THE APP OR $1,000. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification:

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, agents, representatives and other authorized users, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the App, the Events and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Location and Jurisdiction:

Stage, Stageverse, the Apps and all the Content therein is located in the United States of America. It may not be available or legal for your use in other jurisdictions. Your use of the App outside the United States is at your own initiative and you must comply with the terms and territorial limitations of the license agreements for the Events you access.

You agree that any action at law or in equity arising out of or relating to these Terms, the Privacy Policy and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles, CA and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Arbitration:

Any claim or controversy at law or equity that arises out of these Terms of Use, Stageverse and/or the Apps but not including claims regarding intellectual property infringements or infringements of the license terms herein (each a "Claim"), shall be resolved through binding arbitration. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Any Claim shall be arbitrated on an individual basis and shall not be consolidated with any Claim of any other party whether through class arbitration proceedings or otherwise.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any Claims (including but not limited to any claims, counterclaims, cross-claims, or third party claims).

If you reside within the United States and the parties have an intellectual property and/or license rights dispute, you and Stage agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in Los Angeles County, California. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

DMCA/Intellectual Property Infringement Claim Notice Procedure

In accordance with the Digital Millennium Copyright Act (“DMCA”) and the law, Stage has a policy of terminating, and/or suspending, in appropriate circumstances as determined by Stage, users who are determined to be infringing the intellectual property of third parties.

If you believe that your intellectual property has been used in the Apps or on the Service has been infringed, please submit a Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright Agent as follows:

Legal Department Stage, Inc.

support@stageverse.com

Please include all of the following in your DMCA Notice:

  • Identify the copyrighted work(s) that you claim has been infringed.
  • Identify the material that you claim is infringing, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material.
  • Provide your full legal name, mailing address, telephone number, and (if available) e-mail address.
  • Include the following statement in the body of the DMCA Notice:
  • I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the intellectual property or have express authorizing to act on the intellectual property owner’s behalf.
  • Provide your electronic or physical signature.
  • Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with us.

Effective as of September 10, 2021