Terms of Service
THESE TERMS INCLUDE AN ARBITRATION CLAUSE (WHERE APPLICABLE) AND A WAIVER OF CERTAIN RIGHTS. YOUR USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS.
You must be at least 18 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 spaces, including land plots and experiences in art, music, film, sports, fashion, games, private clubs and technology and including virtual goods and NFT’s (collectively “Spaces”). Stage has relationships with record labels, publishing companies, artists, performers, concert promoters, brands, NFT communities, technology providers and other intellectual property owners who, along with Stage, create and operate their own Spaces (“Owners”). As all Spaces live on the Stageverse technology platform, whenever you are in Stageverse, these Terms apply. In some cases, Owners may add additional rules and terms to governing the use of their Spaces. In the event of a conflict between the rules and terms of a Space and these Terms, these Terms will control. Some Spaces, presented in 360° video, will give you the option of experiencing these specific Stageverse Spaces in virtual reality (“VR”), and you will need to use an Oculus Quest to view them in VR. Not all Spaces will be accessible in VR.
Spaces may be available for free, may require you to be a member of a community or may be ticketed, some may be public and some may be private. Each Space is controlled by an Owner. When you purchase or otherwise gain access to a Space, the Owner may indicate how long the Space will be available and/or how long an event within a Space may be available to you for viewing and/or engagement. Stage has no obligation to refund any fees paid for access to any Spaces and/or events within Spaces.
Stage does not collect or store personal credit card or other payment information. Please see our https://stageverse.com/privacyfor more information on what information we collect and how we store and use the information we collect. If you download and/or otherwise access the Service, you will be required to give us a valid email address and create a password. You will also have the ability to link your Metamask and/or Coinbase crypto/token wallets to enable you to display your existing NFT’s stored in your wallet. Connecting one or more wallets to Stageverse must be done solely through the integration provided by Stage. You agree to assume all risks of connecting your wallet(s) and displaying or otherwise using your NFT’s in Stageverse. Stage has the right to terminate your wallet integration and remove you from the platform at any time if it becomes aware of or believes, in its sole discretion, that you are violating laws prohibiting money laundering, fraud, or any other law in any jurisdiction in which Stage operates. All of your activities within Stageverse are stored under your wallet, email address and your email address must be used to recover access to any digital non-NFT purchase and engage with Stageverse communities. Thus, you must notify us immediately of any changes to your email address.
NFT’s and Virtual Goods, Events and Services and Metadata (“Assets”):
Stage enables its users to participate in the Stageverse economy by operating events, selling virtual goods including as NFT’s and advertising and/or promoting and/or selling their goods and services through their own Spaces. Additionally, Stage may offer, advertise, promote and sell its own virtual goods, avatars and other items including as NFT’s and access to events and other activities.
Stage Assets and Content:
As between you and Stage, the technology that powers the App and enables the Stageverse is owned by Stage or other third-party providers. 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. Stage owns any Assets it develops except to the extent such Assets are sold and Stage elects to transfer any and/or all of its rights in such Assets as evidenced by terms of the smart contracts and any other terms associated with an NFT at the time of purchase. 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 owned by Stage (collectively “Content”), is strictly prohibited unless you have received the express prior permission of Stage or the applicable rights holder. If you make other use of Assets or this App, or the Content, 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.
If you buy Land in Stageverse, you should read and understand the Terms and Conditions of your Land ownership which can be found at https://stageverse.com/terms/land-nft-1.
User Assets and Content:
Users own their Assets, subject to Stage’s rights of enforcement and removal as detailed herein. Users may create, upload, and sell Assets that comply with the following:
- Assets can be created using tools provided by Stage or you can upload your own Assets using our uploading tools and/or from your wallet(s).
- Assets must comply with any specifications provided at the time of upload and may not violate these Terms and/or the Privacy Policies.
- Assets must be unique and owned and/or legally controlled/licensed by you for use in Stageverse. Assets may not infringe the work of anyone else, including but not limited to, other user and/or Stage Assets available on Stageverse. Assets must comply with all applicable laws, including but not limited to privacy rights, rights of publicity, copyright, trademark, trade dress and/or other intellectual property rights. Stage retains the right to moderate and review Assets for compliance with these Terms and to remove Assets from that violate these Terms. If Assets are removed for violating the Terms, Stage has no obligation to preserve the Assets nor to return them to the user.
- Assets must not be pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, anti-semitic, sexist, xenophobic, seditious, or illegal, as will be determined by Stage in its sole discretion.
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, including but not limited to, Assets, 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; or (iv) 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:
Virtual Reality experiences have been reported to cause disorientation, dizziness, vision disturbances and other symptoms of discomfort. You should stop viewing the App in VR if you experience any type of discomfort and consult a physician. If you choose to use experience the App in VR, you do so at your own risk.
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, COMPATABILITY 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, User Creations, Events, and/or Intellectual Property or any portion thereof, for any reason; (2) modify or change the Apps, Services and/or Assets 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.
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) including your wallet(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.
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 DepartmentStage, Inc.
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 July 24, 2022