Users of the Services offered by App Backstage acknowledge and accept these terms and conditions.
Via Varisco 2
24125 - Bergamo (BG)
Paid up shared capital: 11.100 Euro
Fiscal Code and VAT number IT4091250169
Chamber of Commerce of Bergamo
Owner contact email: firstname.lastname@example.org
App Backstage is an application dedicated to the Promoters whose events are published on the platform UGO. App Backstage offers the technical tools to manage the events from within the application and gives the Promoters access to statistics and analytics about the performances of their events.
This document is a legal agreement between you, the User, and the entity providing App Backstage. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages App Backstage as outlined in the present document. “App Backstage” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use App Backstage, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
The Client account on App Backstage is created by the Owner. Once the account is created, the Client will receive their login credentials (i.e. userid and password). For security reasons, the Client must change the password after the first access. The login credentials must not be disclosed to third parties but must remain strictly confidential. In the event that the Client suspects or becomes aware of the fact that their credentials have been disseminated or there have been unauthorized accesses, they are required to immediately notify the Owner. The Owner reserves the right to cancel and/or suspend the account of the Client where he suspects, according to its own judgement and at its own discretion, that the relevant account has been violated and/or there is the risk that crimes or other legal offences are being, or have been, perpetrated through said account.
In order to have their account cancelled, the Client is requested to contact the Owner at the contact details available in this document.
The content available on App Backstage is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on App Backstage, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on App Backstage, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through App Backstage, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
The Owner does not moderate the content or links provided by third parties before their publication on App Backstage. The Owner is not responsible for the content provided by third parties or for its availability.
Users are responsible for their own content and that of third parties that they share through App Backstage, that they upload and post on or through App Backstage, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain App Backstage.
Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through App Backstage, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Users may use third-party services or content included in App Backstage, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
The Client account is created on the application UGO by the Owner's staff, who is tasked with making the events visible on the same application only upon final approval by the Client. On the other hand, the access to the App Backstage application is subject to the rules established in the "Registration" section of this document. The sole activation of the Client's profile on the UGO application automatically grants the Client the right to publish posts ("Service Posts") on the entertainment services ("Entertainment Services") offered. The assignment and creation of a profile on the application App Backstage also gives the Client the right to use some basic features (including access to some general statistics on the performance of the Entertainment Services published on UGO). To access the advanced features, the Customer must activate the subscription plan that best suits their needs according to the terms of sale described below.
App backstage provides for additional services or subscriptions available upon payment of a fee. The fees, duration and conditions for the accounts and paid services are highlighted in the relevant page of App Backstage.
In the event that App Backstage offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by App Backstage. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
App backstage uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
The Client undertakes to promptly pay the amount due according to the chosen subscription plan.
The Client also undertakes to use the applications correctly, and in particular they undertake to:
The Client also undertakes to actively cooperate with the Owner in resolving any disputes with Consumers, also by making available any useful information in its possession or otherwise disposal.
The Services provided free of charge do not imply any obligation on the Owner nor do they give the Client the right to raise any claim.
In the other cases, the Owner undertakes to provide the Client with a reserved area within the applications through which the Client can easily access to, and manage, all the functionalities provided according to the subscription plan chosen by the Client.
The Client acknowledges and agrees that the information and statistics made available by the Owner are carried out using digital analytics tools provided, in some cases, also by third parties.
The Owner undertakes to use the required professional and technical diligence, in order to provide the Service and allow the web application to work smoothly and without any interruptions. However, the Client acknowledges and agrees that the continuous and uninterrupted availability of the application can not be guaranteed and that Service interruptions may be caused by technical problems, happening also outside of the sphere of control of the Owner, maintenance work or other causes of force majeure.
The Client is not entitled to request that UGO, App Backstage or the Services be maintained under certain conditions.
The Promoter mandates the Owner, who accepts, to sell, through the UGO application and/or other digital platforms owned by the Authorised Seller, the Tickets at the price conditions agreed upon with the Organizer. Such terms of sale shall be defined by the Promoter, from time to time, by selecting the options available in their reserved area on App Backstage. The mandate given by the Promoter is no more revokable once the Tickets for the relevant event are available for sale through the UGO application and/or other digital platforms owned by the Authorised Seller.
The Promoter grants the Owner full powers to carry out the mandate. To this end, the Owner shall be granted the right to set forth suitable contracts of sale for the Consumers to be published on the UGO application. The Owner shall also be granted full powers to carry out the tasks mandated by means of this Agreement, to such extent that, even if such faculties and powers are not fully explicated hereto, the lack or indeterminacy of powers shall not be objected to the Owner. The mandate entails the promise to deem the Owner's actions fully ratified and approved.
Unless otherwise stated, the Owner acknowledges and agrees that the mandate granted by means of this Agreement is not exclusive and, therefore, the Promoter has the right to directly and autonomously sell the Tickets, or, if the case may be, to enter into separate sale agreements with third-party resellers. Such separate agreements shall independently regulate the promotion, sale and distribution of the Tickets.
The mandate is granted to the Authorised Seller without territorial limits. Notwithstanding the above, the Authorised Seller shall carry out the mandate in such a way that complies with the laws and regulations of the countries where the Tickets are sold.
The Authorised Seller warrants that, at the date of signing this Agreement, the sale of the Tickets and the digital platforms through which such sale is carried out (in particular the application UGO), fully comply with the Italian laws, including the regulations, guidelines and statements of the SIAE and the Italian Revenue Agency ("Agenzia delle Entrate").
The Authorized Seller undertakes to:
The Promoter undertakes to:
The Promoter mandates the Authorized Seller, who accepts, to collect the proceeds resulting from the sale of the Tickets purchased by the Consumers through the payment tools available from time to time on the UGO application, which are chosen at the sole discretion of the Authorized Seller. The proceeds above, with the exception, if the case may be, of the sale commissions, will be transferred to the Promoter by using the payment tools chosen by the latter when setting their contractual options in their reserved area on App Backstage. Such transfer shall take place weekly or according to the different schedule agreed upon with the Promoter, for the whole Ticket sale period. In any case, the proceeds shall be transferred in full no later than 4 working days from the date of the event, and the value date of the payment shall coincide with the date on which such transfer takes place.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
App backstage and all functions accessible through App backstage are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
App backstage and functions accessible through App Backstage are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of App Backstage. Therefore, the Owner shall not be liable for:
The Owner, at its own discretion, reserves the right to suspend the Service, even without any prior notice, if one or more of the following circumstances occur:
The exercise of the right to suspend the Service shall never result into a claim against the Owner for the non-fulfillment or breach of the Agreement. In any case of suspension of the Service attributable to the Client, the Owner reserves the right to seek for the compensation of the damages suffered.
The data of the Consumers who purchase the Tickets via the UGO platform shall be processed, on behalf of the Client, in accordance with the rules set forth in the contract pursuant to art. 28 of Regulation 679/2016, which is incorporated hereto by reference and forms an integral and substantial part of this Agreement. Such contract is published on App Backstage.
The use of the UGO application by the Client is also governed by the terms and conditions published on the relevant application, that the Client is likewise requested to read and accept before using UGO.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning App Backstage are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on App Backstage are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
App backstage grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by App Backstage. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
The Owner reserves the right to make changes to the Contract at any time, by notifying the User through its publication in App Backstage, or through any communication tool suitable for the circumstance. In case of publication on App Backstage, the User who continues to use App Backstage after the publication of the changes, accepts without reservation the new terms.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to App Backstage must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
It is the User who uses the UGO platform to promote a recreational event. The Client is never a consumer according to the applicable law, since it acts for purposes related to their professional or entrepreneurial activity.
They are the electronic or printed receipts that allow the User to participate to en event promoted on the application UGO, under the terms and conditions published on UGO.
The Client who mandates the Owner to sell the Tickets via the application UGO.
The Owner of App Backstage and UGO who is mandated, according to the Agreement, to promote and sell the Tickets for the participation to the events promoted on the application UGO.
The individual who purchases the Tickets or, in any case, takes part to an event promoted on the application UGO, even if such participation is free of charge.
The services aimed at promoting and advertising an event offered to the Clients through the applications UGO and App Backstage.
The service provided by App Backstage as described in these Terms and in App Backstage.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Any user of the Service, whether a human being or legal entity.