These Terms and Conditions (T&Cs) are for the use of the UpStage instance hosted at https://upstage.live and are effective from 1 January 2021.

If you are using a different UpStage instance (for example hosted by a university or other organisation) you should refer to that instance’s T&Cs.

If you are the Admin of another instance of UpStage, you are welcome to adapt these T&Cs for your own use.

Terms and Conditions

By creating an account on UpStage.Live you agree to accept the following Terms of Service.

The Service is provided as is and without support, and UpStage Live makes no commitment or guarantee, and has no obligation, relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/inoperation of the Service. You acknowledge and agree that the Service will not be uninterrupted, error-free, or available 100% of the time. The Service is not intended to, and should not, be used for back-up or long-term storage of data, and UpStage Live shall not be responsible for any such exported content or any loss of such stored content.

UpStage Live may at its own discretion, at any time, with or without notice, and without any obligation or liability to you or any other party, suspend, terminate, limit, change, modify, downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, Integration or component thereof.

Use of the Service

You agree to use the Service in accordance with these Terms and in accordance with any and all applicable laws and regulations, including by obtaining all required consents, licenses, rights, authorizations, and/or permits. You shall be solely responsible and liable for your use of the Service, including without limitation for any and all content transmitted, streamed, communicated, recorded, received, and/or stored to or through the Service by you (“Your Content”).

In your use of the Service you agree to abide by UpStage’s Code of Conduct and you agree not to use the Service:

• for any fraudulent, criminal, defamatory, harassing, or tortious purpose, or to participate in  or promote any illegal activity;
• to breach, violate, or infringe intellectual property, privacy, or other rights, or to misappropriate the property, of any third-party; or
• to transmit, distribute, or store any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware, or similar programs or materials.

You can stop using the Service at any time. UpStage Live may at its sole discretion, at any time, with or without notice, and without any obligation or liability to you or any other party, suspend, alter, or stop providing the Service to you or any other party for any or no reason, including without limitation if you do not comply with these Terms or if we are investigating suspected misconduct.

You should not place any reliance on the Service being offered for any commercial or other purposes. UpStage Live is operated primarily by volunteers in order to maintain an open platform where independent artists can experiment and present their work. If you require a stable, reliable Service please speak to UpStage Live about a hosted instance and paid technical support packages.

Your Content

UpStage Live operates a Creative Commons policy with regard to media uploaded to https://upstage.live. The Permissions tool allows you to set permissions for your individual media items. You acknowledge that you will respect and abide by the permissions settings of media uploaded by other users of UpStage Live.

You retain ownership of any intellectual property rights that you hold in your Content.  When you transmit, stream, communicate, record, receive, and/or store content to or through the Service, you give UpStage Live a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content solely for the limited purpose of operating and enabling the Service to work as intended for you and for no other purposes. Make sure you have the necessary rights to grant us this license for any content that you submit to or through the Service.

Privacy

UpStage’s Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. By using the Service, you agree that UpStage Live can use your data in accordance with its privacy policy.

Representations, Warranties, and Disclaimers

You affirm that you are fully able and competent to enter into these Terms, and to abide by and comply with these Terms.

UpStage Live provides the Service using a reasonable level of skill and care, but does not make any specific promises, warranties or commitments with regard to the Service, the Content created and presented within the Service, the specific functions of the Service or their reliability, availability, or ability to meet your needs. The Service is provided “as is”.

Liability for the Service

UpStage Live is not responsible for lost profits, revenues, data, financial losses or punitive damages as a result of using the Service.

Business Uses of the Service

If you are a legal entity or business using the Service or on whose behalf the Service is being used (“Business User”), you will hold harmless and indemnify UpStage Live and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. The Business User is responsible for the activities of participants who use the Service on behalf of or as a result of the Business User, and the Business User agrees to ensure that any and all such participants will comply with these Terms.

Waiver of Class Action

The parties expressly waive any right to bring any action, lawsuit, or proceeding (collectively, “Action”) as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. No Action will be combined with another without the prior written consent of all parties to all affected Actions. If the class action waiver in this Section is found to be illegal, invalid, or unenforceable as to all or some parts of a dispute, then this Section will not apply solely with respect to those parts. Instead, those parts will be severed and proceed in a court of law separately.

Other

UpStage Live may modify, change, amend, replace or update these Terms or any additional terms that apply to the Service at any time and in any manner by updating the web page on which these Terms reside. You should look at these Terms regularly. Any such modification, change, amendment, replacement or update shall be effective on the date of such update to the applicable web page, or on such later date specified by UpStage Live. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service

If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.