Terms and conditions for the use of the Internet platform “scitch”

Date: June 2016

GmbH, Baumgasse 52/45, 1030 Vienne / Austria (FN 451495 p) is the owner and operator of the internet portal www.scitch.com. The following terms and conditions apply to all services offered on the internet portal www.scitch.com.

By registering with scitch, the user (henceforth referred to as “the User”) agrees to the following general terms and conditions (henceforth referred to as “the Terms and Conditions”). Registration with scitch creates a valid contract between the User and way2stage GmbH (henceforth known as “scitch” or “we/us”), residing at Baumgasse 52/45, 1030 Vienne / Austria.

Where this applies

These Terms and Conditions apply to all users of scitch. For the purposes of these Terms and Conditions, the following definitions shall apply:

a. “User” shall mean any natural or legal person, as well as any association of persons registering with scitch;

b. The User’s “Registration” shall be complete upon the creation of a login-account and one or more profiles;

c. The “Login Account” is the User’s means of access to the Portal. It is created when a natural person registers on scitch.

d. “Profiles” identify the Users of the Portal as artists or fans.

e. “Artist”, “Fan” shall mean the portrayal of the 2 different User types on the Portal.

Using the Internet platform 

Registering as a User on scitch requires the creation of a login account by signing up as a natural person and accepting the present Terms and Conditions. Persons over the age of 8 but under the age of 18 must obtain permission from their legal guardians. Persons under 8 years of age are prohibited from using the Portal. Personal information required for the User’s login is stored in an account where it is accessible to the User at any time. User-Name and location will be visible on the platform only. The User is under the obligation to provide truthful and complete information.

scitch assumes no responsibility for the real identity of a given Profile, since it has no control over the profiles’ content.

User fee

Registration on the Portal, as well as the use thereof is free of charge (henceforth known as a “Basic Contract”). This however limits the functions of the Portal. The user profiles “Fan” is free of charge at any time as well as the basis functionality of the user profile “artist”.

A monthly fee shall be charged as soon as a User changes his/her profile into a premium profile (“Artist Contract”). The amount of monthly fees for a Premium Contract depends on the latter’s content and duration and can be determined from the price list available on the website at the time.

Methods of payment

All monthly fees for Premium Contracts shall be due at the beginning of each month, unless otherwise agreed upon. The debtor of the aforementioned charges is always the current User of the profile in question.

Payments can me made using the payment methods available. scitch reserves the right to modify or expand the existing payment methods. The user confirms the rights to use this credit card or paypal account.

Payments between the User and scitch shall be handled by the service provider paypal (www.paypal.com) or wirecard (“wirecard”), (www.wirecard). All information required for the handling of payments shall be used by wirecard and scitch exclusively to that effect and transmitted securely using the “SSL” process. Wirecard is PCI DSS certified.

Disclaimer for user agreement

The platform enables users to connect and individually engage in different activities such as: joint concderts, fans supporting artist, direct communication („chat“) between users etc.

scitch is at no time neither part of such an individual initiation, nor in conneting nor consulting functions, is neither part of any contract, will not offer any events or support for artist and will not take part at any event happening. All agreements, which are legally necessary, have to be directly negotiated by the users involved.

Terms of Use

The Internet platform can not be used for prohibited, unlawful or illegal purposes, including the publication of prohibited, harmful, threatening, abusive, harassing, obscene, racist, ethnic or otherwise illegal and / or harassing material of any kind.

Uploaded content

The uploading, publication and transmission of content on the Portal is carried out autonomously by the Users. scitch claims no ownership of that content. scitch does not, in principle, carry out content monitoring or editorial control. scitch has no responsibility for the accuracy, adequacy, integrity or quality of such content. Scitch reserves the right to reject, block or delete (wholly or partly, as the case may be), with immediate effect and at their own discretion without stating reasons, any content available on the Portal.

By uploading and posting content, the User grants scitch the right of use of the content in question. This right of use is non-exclusive, temporally and locally unrestricted (though revocable at any time) but otherwise limited to making the content available on the Portal. This includes, in particular, the right to store, to make publicly available, to configure, to format, and to process technically, as well as the right to process the content for the purposes of transmitting and displaying it on multimedia devices. It also includes the right to use short text extracts from the uploaded content (“Samples”), to produce reduced size images of the uploaded images (“Thumbnails”) and to create copies of the Users’ microsites (“Screenshots”) and to make these publicly available on the Portal or to other third parties.

The User guarantees that he is in possession of all necessary rights pertaining to the content for which he/she uses scitch, and that this is not in violation of any rights of third parties. Any allegations concerning violations of the above-mentioned Terms and Conditions have to be addressed immediately to backstage@scitch.com.

Conclusion and Termination of the Contract

The User of scitch may terminate profiles free of charge at any time and without stating reasons. Premium profiles may only be terminated by the parties with a notice period of two weeks prior to the end of the contractual term in question. Should the User not terminate a premium profile within the contractual term, the Contract shall be renewed automatically for the contractual term agreed upon.

scitch reserves the right to terminate any login account and/or profile without notice, in particular if these violate the present Terms and Conditions or other legal provisions. The right to extraordinary termination remains unaffected for both parties.

Insofar as this is not possible on the Portal, termination occurs via a notification by the User/Administrator, sent from the e-mail address he/she has submitted to backstage@scitch.com. Cancellation of the login account/profile results in the termination of the User Contract. scitch can obtain the termination of the User Contract by addressing an email to the email address submitted by the User.

Disclaimer

The accuracy of the Internet platform for all conceivable uses can not be guaranteed. therefore scitch is not liable for failures of questions of their available Internet platform. scitch does not guarantee constant availability and timeliness of information. For failures scitch is neither liable for damages in law or in any other way.

General Obligations

The User is under the obligation to provide truthful and complete information, in particular concerning his/her being of legal age and the identity corresponding to a profile. The / the user is obliged to his / to keep their access data (for example, username, password, etc.) secret and protected against unauthorized access by third parties. The / the Licensees in writing to report misuse or unauthorized use of scitch immediately to backstage@scitch.com .

Data protection 

scitch guarantees the confidentiality of this information in accordance with the relevant legal provisions on data protection. The / the Licensees declares his / her consent that scitch stores personal data from or given by the Licensees, processed and used. scitch allowed users post, contact phone and e-mail, provided they do not contradict via email to backstage@scitch.com.

Changes of Terms and Conditions

scitch reserves the right to change these terms at any time without giving reasons or supplement. Changes or other conditions are provided to all users in time through the Internet platform. They will take effect once been accepted by the / the Licensees. In the event that a / e Licensees changes not accepted, can scitch terminate the contractual relationship or any use of the Internet platform prohibit.

Different provisions

The application of conditions which deviate from these terms and conditions is excluded unless scitch has such express written permission. This also applies to the anchored in the preceding sentence written form.

Severability 

The ineffectiveness of individual stipulations does the validity of the remaining provisions of the Terms untouched and it takes the place of the invalid provision, an effective clause, the former is economically and legally to its end and the next. This applies mutatis mutandis to the case of a gap in the provisions.

Jurisdiction and applicable law

On the subject Conditions exclusively Austrian law excluding the referral rules of private international law apply. All from the Conditions of legal disputes arising, including their application, validity, termination or nullity, are subject to the jurisdiction of Vienna, Inner City. If the / the Licensees is a consumer under the Consumer Protection Act, jurisdiction over consumer contracts the / the user / to does not affect.