Last updated: 20 April 2021
1.2 If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to legally bind such entity to these Terms. You may not use the Services if you do not have such authority.
1.3 We may make changes to these Terms at any time. Any changes will be effective immediately when we post a revised version of these Terms on the Site. The Terms were last updated on the date above stated and apply to all purchases made on or after this date.
1.4 You understand and agree that to use the Services you must be either (i) at least 18 years of age, not be a minor under the laws applicable in the jurisdiction where you are a citizen, and not be under guardianship, or (ii) have your parents’ or legal guardian’s consent.
1.5 If you have any questions or comments regarding the Services, please contact Doors at [email protected].
2.1 The Site is a platform developed by Doors where fans and event attendees (together, “Attendees”) can purchase tickets and watch livestream music concerts or other types of related livestream events (“Events”).
2.2 Through the Services, Doors provide Event Organizers the possibility to register for an account, connect artists to the account, and use the account to arrange Events (such Events are herein referred to as “Self-Service Events”).
2.3 For the purposes of these Terms, “Tickets” shall mean the tickets sold by Doors to Attendees for your Self-Service Events.
3.1 You need to create an Event Organizer account to log in and access the Services. Your account is personal and may not be transferred or shared with others, except for other users to whom you have delegated permission or invited from your Event Organizer account. For the avoidance of doubt, you are responsible and liable for activities conducted through your Event Organizer account, regardless of whether such activities are conducted by yourself or someone authorized by you to use your account. You must notify us immediately in writing if you discover any unauthorized use or other security breach related to your account. We will not be liable for any losses related to the disclosure of your account credentials or the use by anyone else of your account credentials.
3.3 We reserve the right to change your account credentials if we believe your account is no longer secure or if we believe that your username is offensive, vulgar or obscene, or if we receive a complaint that you or your username impersonates someone else or violates the rights of someone else. We may refuse a registration for any reason.
3.4 In order to connect artists to your Event Organizer account, you may be required to provide sufficient verification, such as linking the artist’s Facebook, Instagram, Songkick, and similar accounts.
4.1 You agree and warrant that you will not:
∙ alter, change, copy, reproduce, record, transfer, perform, display, transmit, resell, sublicense, or make available any part of the Services to the public, or otherwise use the Services in any way that is not strictly necessary in order to arrange Self-Service Events or otherwise explicitly permitted under the Terms or applicable law, or otherwise constitutes an infringement of any part of the Services;
∙ bypass any security measures, engage in any systematic reading or listening, use any kind of software or device to “crawl” or spider any part of the Services, reverse engineer (or similar actions) any aspect of the Services to access source codes, algorithms and similar, or otherwise interfere with the security or functionality of the Services;
∙ remove or alter any copyright notices or similar that is included in any part of the Services;
∙ collect information about other users of the Services for example for the purpose of sending spam or junk mails or selling such information;
∙ pretend to be someone else when using the Services;
∙ access the Services for purposes of monitoring its performance or functionality, or for any other competitive purposes;
∙ publish or otherwise make available on the Site anything that is false, misleading, harassing, offensive, inappropriate, repulsive or contains pornographic or threatening content, or spam, viruses, corrupted data, malicious software or other programs that may harm computers or other property, or that constitutes illegal activity or incitement or otherwise violates the rights of others, including but not limited to intellectual property rights and privacy rights, or that, in our discretion, contravenes the content or purposes of the Terms;
∙ use the Services in breach with any applicable laws or regulations.
5.1 With respect to Self-Service Events, Doors is responsible for the following only:
∙ host and provide the Site using a commercially reasonable level of skill and care;
∙ handle all communication with Attendees regarding the Services, such as managing ticket sales to Attendees and providing a reasonable level of customer service. For the avoidance of doubt, any and all communication with Attendees regarding your Self-Service Events will go through Doors;
∙ handle PRO clearance and fees, related to making the musical compositions included in the Self-Service Event available on the Site, provided that you have submitted a complete and accurate set list to Doors as instructed on the Site; and
∙ provide customary technical support to the Event Organizer.
5.2 As the Event Organizer, you are solely and fully responsible for the Self-Service Events that you create and arrange, including all content and aspects relating thereto (except for what is specifically listed as Doors’ responsibilities above). Your responsibilities include (without limitation) the following obligations to:
∙ provide a true and accurate description of the experience included in of each your Self-Service Events on the Site. Doors reserves the right to change the description of each Self-Service Event, including the price of the Ticket;
∙ ensure that the Self-Service Event is produced and performed in accordance with the description provided to the Attendees, and that the experience is of first-class technical quality and will be produced to first-class commercial standards. If a Self-Service Event needs to be postponed, rescheduled or cancelled, you must immediately notify us in writing and cooperate in our rescheduling and cancellation procedures. You agree to use best efforts to provide the experience in such postponed, rescheduled or cancelled Self-Service Event at reasonable later date;
∙ provide all facilities, equipment and materials necessary to produce your Self-Service Event, select and engage all artists, musicians and other individuals required (“Participants”), and obtain from Participants all releases, authorisations, waivers, licences and/or consents required (“Releases”);
∙ finance and bear all costs relating to the production of your Self-Service Events, which shall include (without limitation) the obligation to pay any and all fees due to the Participants and for all Releases (for the avoidance of doubt, excluding payment of PRO Fees for which Doors is responsible);
∙ submit a complete and accurate set list to Doors as instructed on the Site in relation to each of your Self-Service Events;
∙ monitor each of your Self-Service Events to ensure that neither the performance nor any online discussions on the Site in connection therewith (such as the chat function), contains any false, misleading, harassing, offensive, inappropriate, repulsive, pornographic or threatening content, or constitutes illegal activity or incitement or otherwise violates the rights of others, including but not limited to intellectual property rights and privacy rights; and
∙ obtain and maintain an insurance at your own cost, such insurance to cover your liabilities pursuant to these Terms (without limiting such liabilities), including any errors, omissions and/or the negligence or wilful misconduct of you or Participants, public liability, any infringement of third party rights by you, Participants or Doors, and defamation.
6.1 For the purposes of these Terms, “Performance Profits” shall mean revenues actually received by Doors from the sale of Tickets exclusive of VAT or sales tax (if and as applicable) less: (i) payment of royalties and fees to collection societies or performance rights organisations (“PRO”) for the public performance of the musical compositions included in the Self-Service Event at a seven percent (7%) rate in the United States, and a twelve percent (12%) rate in the rest of the world; and (ii) losses and costs incurred by Doors in relation to any currency exchange.
6.2 You and Doors will split the Performance Profits in the following ratios:
You/Event Organizer: 70%
7.1 Subject to you not being in breach of your obligations under the Terms, Doors shall account to you your share of the Performance Profits within thirty (30) days after the date of the relevant Self-Service Event.
7.2 Upon registration, or otherwise when using the Services, you may be asked to provide further information necessary to process the payment of your share of Performance Profits, and/or to fulfil any necessary obligations, such as passing a Stripe verification.
7.3 We may cancel or suspend payments to you for any reason, including (without limitation) the following:
∙ if you attempt to use the Services in breach of any applicable law or regulation, if we suspect fraudulent, unlawful or improper activity, or if you otherwise use the Services in breach of these Terms;
∙ if we receive complaints from Attendees or any other third party regarding your Self-Service Events; or
∙ if you fail to cooperate and provide additional information when requested.
7.4 You acknowledge that any consideration paid to you by Doors pursuant to these Terms in conjunction with your Self-Service Events includes all equitable remuneration in connection with all uses by Doors. Doors shall not be liable to you for any royalty or residual payments due to you or any Participant.
8.1 The Services and the Site, including all content viewable, discoverable or otherwise residing on the Site, such as all HTML code, source code, software, data, text, graphics, logotypes, designs, images, artwork, photographs, audio and video content, (together, the “Doors IP”) are protected as trade secrets and/or intellectual property in various ways, including but not limited to copyrights, designs, domain names, trade names, trademarks, and patents.
8.2 Doors or our licensors own all present and/or future rights and interests in and to the Doors IP. Nothing in these Terms nor your use of the Services shall be construed as a transfer or grant of rights to you regarding the Doors IP. For the avoidance of doubt, you will have no ownership in your Event Organizer account or your username.
8.3 As between Doors and you, you or your licensors own all present and/or future rights and interests in and to the Production Results, subject to the rights granted to Doors as described below. “Production Results” shall mean the results from the production of your Self-Service Events, including (without limitation) any text, graphics, audio, visual (including still visual images) and/or audio-visual material, software, applications, data, database content or other multimedia content, information and other material, including meta data relating thereto. The performances by Participants included in your Self-Service Events, and the use of Participants’ name, likeness, voice, approved biographical information and recordings of any backstage or interview footage (and any excerpts thereof) with Participants produced or otherwise presented in connection with your Self-Service Events also constitute Production Results for the purpose of these Terms and the ownership and license provisions herein.
8.4 You hereby grant to Doors, on an exclusive, no-cost, sub-licensable and worldwide basis, all rights to use the Production Results to the extent necessary to provide the Services, as follows:
∙ Doors may use (or authorize a third party to use) the Production Results to distribute your Self-Service Events on the Site, such use to include (without limitation) any and all ways of deployment on the Site, such as copying, hosting, electronically storing, caching, displaying, communicating, transmitting, making available and distributing to Attendees, as well as changing and modifying to the extent technically necessary for enabling our live streaming service on the Site; and
∙ Doors may use (or authorize a third party to use) extracts of the Production Results for promotional purposes in relation to the Service, such use to include (without limitation) promotion of Events, and making of promo videos regarding Doors and the Site, such as demo reels, show reels, trailers and teasers.
8.5 You hereby warrant that all Participants irrevocable waive any so-called moral rights in relation to Doors’ use of the Production Results on the Site, including their acknowledgement and agreement that the Production Results may be displayed in connection with, or be interrupted by, commercial, advertising, news or other messages.
8.6 You acknowledge that you are not allowed to use any of the Doors IP when you exploit the Production Results after your Self-Service Event has been livestreamed on the Site. For the avoidance of doubt, you are prohibited from including any Doors trademark, or otherwise make any references to Doors which could be interpreted as an association between you and Doors, without the prior written consent from Doors.
9.1 You shall indemnify, defend and hold harmless us and our respective owners, directors, officers, employees, agents and representatives from any and all claims, demands, suits, liability, damages, loss, charges, fees, costs (including reasonable attorneys’ fees) and other expenses resulting from or arising out of your breach of any of the provisions in these Terms.
10.1 You understand and agree that all Events are only accessible live at the time of the actual performance and that Attendees cannot watch any Events afterwards.
10.2 We will work hard to ensure that the Site and other parts of the Services are available and operational. However, you understand and agree that the Services are provided “as is”. This means that we do not warrant that:
∙ the results of using the Services will meet your expectations or requirements; or that
∙ the Services will always be available and function without any errors or defaults, or be secure or free from bugs or viruses.
10.3 We will work hard to ensure the protection of any content stored on the Site. We are however not responsible for any loss of files, documents, content or data uploaded or shared by you on the Site. You should therefore keep copies of all content or data that you upload or share on the Site.
11.1 We are not responsible for the actions of any users on the Site or any inaccuracies or errors in information provided by third parties and made available by us or any third party via the Services, and you release us from any claims and damages in connection with any claim you have against any such third party.
11.2 We take no responsibility with respect to the content or quality of the performances included in your Self-Service Events. We are not responsible for the performance of your or Attendees’ hardware, software and network connection. All Events are streamed using adaptive bitrate (ABR) which means that the quality of the video will depend on your and the Attendees’ individual network connections.
11.3 Your rights and remedies in the event of a breach by Doors of its obligations hereunder shall be limited to a right for you to recover damages (if any) and in no event shall you be entitled by reason of any such breach to any equitable or injunctive relief. Our liability is limited to the share of Performance Profits which you receive from us for the Self-Service Event to which the event of breach or claim relates.
12.1 We reserve the right to change, modify or cancel, temporarily or permanently, all or certain functions and features of the Services at any time. For example, changes to the Services may be necessary in order to adapt the content on the Site to new technical environments or to an increased number of users, or for other important operational reasons.
13.1 We reserve the right to suspend your access to the Services with immediate effect for any and no reason, including if you violate the rules of conduct or otherwise breach your obligations under the Terms, such as providing us with incorrect information of any kind.
13.2 All provisions that are obviously intended to survive shall remain in full force and effect even after the deletion of your account on the Site, including (but not limited to) limitations of liability and indemnities.
14.1 To provide the Services we will need to collect your personal data. You can find more information in our Privacy Notice (for Event Organizers) on how we process your personal data.
14.3 In connection with your arrangement of Self-Service Events, and for the purpose of marketing and promoting the artist to Attendees, you may decide to collect and process Attendee Personal Data necessary for these purposes. You shall be responsible for your collection and processing of such Attendee Personal Data under applicable laws.
14.4 If you are deemed to process personal data on behalf of Doors, you agree that our data processing agreement (available here) shall apply between you and Doors.
15.1 Doors has the right to transfer the Terms, in whole or partially, and is entitled to delegate any and all of its rights and obligations under the Terms. You have no right to transfer the Terms, in whole or in part, or to transfer or sublicense your rights and obligations under the Terms to a third party, without the written consent of Doors.
15.2 You agree to execute and deliver to Doors any and all documents and do any other acts as Doors may reasonably deem necessary to evidence and effectuate all or any of the rights acquired by Doors under these Terms.
15.3 These Terms constitutes the entire agreement between you and Doors and supersedes any previous agreements and representations save that nothing in these Terms shall exclude liability for fraudulent misrepresentation.
15.4 These Terms shall not be construed as creating an employment relationship, a partnership, any joint venture or unregistered partnership between you and Doors.
16.1 These Terms shall be governed by and interpreted in accordance with the laws of Sweden, without regard to its conflict of law principles.
16.2 Any dispute regarding the Terms shall be finally settled by Swedish courts, with the District Court of Stockholm as first instance. We reserve the right to bring motions for interim measures or otherwise initiate legal actions or proceedings in other jurisdictions.
Name: Live Doors AB
Registration no: 559261-6717
Address: Brahegatan 9, 3rd floor, SE-114 37 Stockholm, Sweden
Support email: [email protected]