Terms of Use

SofaConcerts.org is an online platform for living room concerts and special events with live music. Music fans can discover and contact local and international musicians and, as the organizers, book them for concerts in different settings. In addition, music fans can create new stages by offering their venues as a concert stage. SofaConcerts' platform provides performers with a virtual stage to present themselves - including images and samples -. They are promoted by SofaConcerts for free on the platform, and receive assistance in the safe and efficient processing of assignments, including pre-formulated communication, assistance with the creation of invoices and other tools. In addition, the artists can also contact hosts directly and also initiate concerts. We want to create value and benefits for everyone using the platform. That's why there are some rules and guidelines that you must follow when using it. If you decide to participate in the SofaConcerts community, you accept the following rules by clicking on the check mark upon registration. SofaConcerts GmbH Neuer Kamp 32, 20357 Hamburg, represented by the managing directors Marie-Lene Armingeon and Miriam Schütt (hereinafter referred to as "SofaConcerts"), offers an internet platform on the website www.SofaConcerts.org, connecting artists with hosts of living room concerts and other events with live music (hereinafter referred to as "SofaConcerts" or "SofaConcerts Marketplace"). The following terms of use govern the participation in the SofaConcerts Marketplace for both artists and hosts as well as fans. For the use of the electronic payment system MANGOPAY the Mangopay Terms and Conditions apply.

§ 1 Scope: Legal Relations between Artists, Hosts, Fans and SofaConcerts

(1)
Definitions: Whoever offers his services as a musician, band or other ensemble on SofaConcerts, is an artist. Anyone who books an artist for a performance is the host of a concert. Registered users can ask hosts for permission to attend the concert. Fans may only be persons who are in personal relationship with the host. Otherwise, it should be noted that the event can be considered public (see note below regarding the role of the organizer).
(2)
Organizer role: SofaConcerts expressly draws the attention of all users that the host of a concert is responsible as the organizer of the event and that all concerts are governed by applicable laws on event and copyright. In particular, in the public reproduction of works in Germany, it should be noted that the concert must be registered with the GEMA. For public events in the living room frame (i.e., events without profit intentions, maximum 150 visitors) is a fee of 22.80 euros, cf. price discount for events for concerts of light music and word cabaret, as of 01/2015 (information without guarantee). For current and binding information on events with live music we refer to the website of GEMA. For questions concerning the individual case, the responsible regional directorate of GEMA will also help.
(3)
Legal Relations: These Terms of Use, as in force at the time of use, apply to all legal relationships between artists, hosts, fans and SofaConcerts on the www.sofaconcerts.org website. Artists, hosts and fans will be referred to collectively as "participants" of the SofaConcerts Marketplace.
(4)
Validity: These conditions of use become valid, if the participant has accepted them with the registration and are also an essential component of each concluded contract, as far as no particular deviations are agreed upon in individual cases. They also apply to future business relationships with the participant, without requiring their renewed explicit inclusion.
(5)
Deviating terms and conditions: Deviating terms and conditions of the participants as well as changes and additions to these terms and conditions of use are only valid if they are recognized in writing by SofaConcerts.
(6)
Changes: SofaConcerts reserves the right to change or delete parts of the SofaConcerts website offer at any time and without prior notification or approval requirement. Furthermore, SofaConcerts is entitled to change the Terms of Use at any time. Changes to the Terms of Use will be announced on the SofaConcerts website. The further use of the services of the SofaConcerts website and the taking of actions in the marketplace shall be deemed to be in agreement with these changes after notification of the relevant changes, unless the participant objects to the changes within 10 days of notification.
(7)
Accessibility: SofaConcerts guarantees an annual accessibility of the website of 95%. This does not apply to periods of regular maintenance that is only possible in offline mode, and times when the website can not be accessed due to force majeure, external manipulation or other problems beyond the control of SofaConcerts or its vicarious agents.

§ 2 Subject matter of the contract, parties to concerts mediated via the SofaConcerts marketplace, conclusion of contracts for concerts

(1)
Subject of the Agreement: SofaConcerts is an online marketplace for the organization of living room concerts and live music events. SofaConcerts thus gives artists and hosts of concerts the opportunity to meet via SofaConcerts and to conclude a contract for an artist's concert in the living room of the host or other venues ("Concert").
(2)
Contracting Parties: Parties to a concert are exclusively the participating artists and hosts; they alone are entitled and obliged on the basis of the concluded contract. Artists and hosts agree on the fee, the venue, the time of performance and the general conditions of the gig individually and legally binding via the booking system. Artists commit themselves to handle follow-up booking requests exclusively via the SofaConcerts booking tool.
(3)
Responsibility of the organizer: The host is the organizer of the concerts and is responsible for ensuring that the event does not conflict with any legal regulations. If applicable, GEMA and artists’ social security fund fees are borne by the host and paid on an independent basis. The host is fully liable for the personal security of the artist at the venue as well as for damages (in particular theft and vandalism) on the equipment of the artist, which are created by third parties in the area of responsibility of the host. The host provides the electrical supply and at outdoor events for a rain protection of the stage and the artist.
(4)
Right of Withdrawal, Cancellation: If the host is a consumer (i.e. a natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their professional activity), he has a right of withdrawal under the law, on its existence / failure he is instructed by the artist in the respective contract and as exemplified in the text below.

§ 3 Fees and service charges

(1)
SofaConcerts Fees: For the use of the platform of SofaConcerts, the tools for the simplification of communication as well as the billing, SofaConcerts receives a fee from the artist. SofaConcerts charges a basic fee of currently 0 / month plus a variable fee of 20% of the value of all services that the artist has agreed to receive with the host. For concerts without minimum fee, the host carries a fee of . ("Fee")
(2)
Transaction Costs: Insofar as the parties follow the recommendation of SofaConcerts and choose the payment provider MangoPay, the settlement will be handled via the framework agreement between SofaConcerts and Mangopay. Unless otherwise agreed by the parties, the host will incur only 2% of the payment ("transfer fee").
(3)
Concerts without Fee Guarantee: For concerts without a guaranteed minimum fee, SofaConcerts recommends that parties agree that the host will pay the artist's fee of (VAT included). This usage fee is non-refundable.
(4)
Rescheduling Concerts: SofaConcerts recommends that the parties agree that appointments can be postponed at any time and free of charge in agreement between artists and hosts if the concert can not be held on schedule.

§ 4 Obligations within the SofaConcerts Marketplace; Registration as a Participant

(1)
Registration: When registering the user account, the participant is required to provide his name and e-mail address. In addition to the user account, the participant can create an artist profile and / or a host profile. With the admission of the participant through SofaConcerts and the establishment of a user account, a user contract is concluded. Registering a user account is free of charge.In addition to the free user account, SofaConcerts offers a paid PRO membership to artists ("PRO membership"). Further details and information on the PRO membership, in particular the conclusion of the contract, the remuneration and the cancellation policy are regulated in § 3 under "PRO membership".
(2)
Correct Information: The participant warrants that the information provided to SofaConcerts when registering and creating profiles is true and complete. If he gives incorrect or incomplete information, SofaConcerts is entitled to delete and terminate the user account without notice and not to forward the invitations and booking requests.
(3)
Identity: SofaConcerts can only verify the identity of the participants to a limited extent. The contracting party is at liberty to ascertain the identity of its respective contracting party.
(4)
Multiple registrations: In principle, only one user account is allowed per participant. Therefore, a participant is not allowed to register multiple times for the online marketplace on SofaConcerts. SofaConcerts may allow exceptions in individual cases upon request.
(5)
Access data and password: The participant is not authorized to pass on his access data and access password to third parties. Should third parties nevertheless have access to the user account of the participant or the participant has other indications for the misuse of his account, the participant must inform SofaConcerts immediately and change his access data.
(6)
Transfer of data: The participant undertakes not to disclose to third parties or in any way commercially use data from its contractual partners, which were obtained in the context of the use of the SofaConcerts marketplace. Without the prior express consent of SofaConcerts, commercial e-mails may not be sent to other subscribers or they may otherwise be contacted beyond what is necessary for the settlement of transactions made on SofaConcerts Marketplace.
(7)
Inadmissible links: The participant undertakes not to place any links or references to external websites, advertising for offers outside the SofaConcerts Marketplace or any other content not directly related to the SofaConcerts Marketplace.
(8)
Transfer of Rights of Use: The Participant transfers to SofaConcerts a non-exclusive, royalty-free, comprehensive right of use limited to the duration of the contractual relationship within the scope of the purpose of the contract to the texts, illustrations, pictures, videos and other content made available in the profiles, in particular for reproduction, distribution, editing and making publicly available. This includes the right to use this content for promotional purposes for SofaConcerts in the interest of the artist.The non-exclusive license also includes company marks, registered trademarks, work titles, other similar distinctive brandings, or works submitted by a participant to SofaConcerts. Again, the use is limited to the purpose of the contract.
(9)
Partnership: The participant will refrain from anything that endangers or interferes with the operation and functioning of SofaConcerts and the successful interaction of the participants. In particular, the participant is prohibited from
  • • choosing a username of third party rights (especially copyrights, privacy rights, trademark rights, corporate rights, etc.) which injures or offends the good manners, for example, violates religious feelings of others, is racist or discriminatory. SofaConcerts expressly distances itself from such behavior.
  • • choosing an e-mail or web address as username.
  • • using, discontinuing, publishing or linking to offensive or libelous content on a third party website, regardless of whether these content concerns other participants or other persons or companies.
  • • political, immoral, pornographic, morally reprehensible, offensive, violent, violence glorifying, sexist, right-wing or left-wing extremist content or against laws, in particular youth protection laws and the Youth Media Protection Treaty,
  • • using, discontinuing, publishing or linking to infringing content on a third-party website
  • • or to advertise, offer or distribute pornographic or anti-legal acts, in particular youth protection laws, infringing products.
  • • violating applicable laws or to request violations of the law or to link to corresponding contributions.
  • • harassing other participants unreasonably (in particular by spam) (see § 7 of the law against unfair competition, UWG, in particular, but not exclusively by the sending of unsolicited messages, advertising or for any other commercial or commercial purpose without the legal consent of the recipient).
  • • publishing legally protected content (e.g. by copyright, trademark, patent, design or utility model law), reproducing, making publicly available or distributing without being entitled to do so.
  • The following actions are furthermore forbidden:
  • • To promote, offer or distribute goods.
  • • To advertise, offer or distribute services that are not artistic performances.
  • • To engage in or promote anticompetitive activities, including progressive consumer advertising (such as chain, snowball or pyramid schemes).
  • • To request other participants to provide personal data for commercial or unlawful purposes or to provide access data.
  • • To organize or promote commercial activities and / or sales of third parties (also by link), eg. ads, sweepstakes, contests, sweepstakes, barter, pyramid schemes.
  • • To reproduce a picture of another person or make it publicly available without the written consent of the person concerned.
If you find content on SofaConcerts that you believe violates existing laws or the Terms of Use, you will notify SofaConcerts, e.g. by e-mail to our support team. If we become aware of improper content or suspicion of such content, we are at any time entitled to remove this content from the platform.

§ 5 SofaConcerts PRO Membership

In addition to the free user account, SofaConcerts offers a paid PRO membership ("PRO membership"). The PRO membership enables further functions whose concrete content can be found on the artist FAQ page. Artists can apply for PRO membership to take advantage of it. There is no entitlement to be accepted to the membership.

(1)
Legally binding order: By clicking on the "Confirm PRO membership" button, the participant submits a legally binding order for PRO membership. After the payment of the annual subscription, the membership is automatically started.
(2)
Fees: PRO membership fees are listed on the info page. The PRO membership runs for a period of one year and will be renewed without a new application process for the next year. The artist can pause the renewal of the PRO membership at any time.
(3)
Payment: Fees for the PRO membership can be paid by Sofort transfer / Klarna and credit card. The participant is responsible for ensuring that the billing information is current and complete.
(4)
Invoicing: The Participant agrees to receive electronic invoices from the platform. Electronic invoices are sent via e-mail in PDF format and are also visible in the user account in the booking overview.
(5)
Input error: If the participant accidentally inputs errors, or there are disturbances in the order transmission because, for example, if the application was accidentally sent twice by double-clicking or the internet connection was interrupted, it is possible that the participant will not receive the electronic confirmation or receive it twice. In this case, the participant is obliged to send an e-mail to our support team immediately after detection of the error. Our staff will take care of the problem.
(6)
Age of majority: The participant must have reached the age of 18 in order to be able to conclude a contract for PRO membership. By registering and / or placing the order, the participant confirms that he is of legal age, fully capable of acting and able to pay the membership fee.
(7)
Offsetting: The participant is only entitled to offset against claims of SofaConcerts, provided that his counterclaims are recognized by SofaConcerts, are undisputed or legally established.
(8)
Right of retention: The participant is only entitled to assert a right of retention insofar as the claims are based on the same contractual relationship.
(9)
Right of Withdrawal, Cancellation: If the participant is a consumer (i.e. a natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their professional activity), he is entitled to a right of withdrawal according to the statutory provisions on its existence / failure he is instructed in the respective contract and in the text below.

§ 6 Terms of Payment, Payment Methods

(1)
Payment ProcessingSofaConcerts recommends tools / payment providers for payment processing. SofaConcerts does not make any declarations of intent in relation to the payment to be made between the parties and therefore does not accept any liability or guarantee for the correctness of the submitted declarations of intent.
(2)
Methods of payment: SofaConcerts usually proposes to the parties the fiduciary payment system MangoPay. Upon request to our customer support alternative payment methods can be discussed and agreed.

§ 7 Cancellation Policy

In order to minimize negative consequences and dispute in the unlikely event that a booked concert cannot take place due to illness or other force majeure, SofaConcerts recommends artists and fans to agree on the recommended booking framework and the cancellation policy defined there.

§ 8 Offsetting, Right of Retention

(1)
The host is only entitled to offset against claims of artists, provided that his counterclaims are recognized by the artist, undisputed or legally established.
(2)
The host is only entitled to assert a right of retention insofar as the claims are based on the same contractual relationship.

§ 9 Claims for Performance Disruptions

Claims due to performance disruptions can only be asserted against the respective contractual partner. Contracting Parties are exclusively the participating artists and hosts. In the event of a concert cancellation by the artist out of goodwill and without acknowledgment of any legal obligation, SofaConcerts offers the host personal assistance in finding an alternative artist for the planned date via the SofaConcerts platform.

§ 10 Rating System

(1)
Evaluation option: The artists and hosts have the opportunity to rate the contract partner after a concert. Artists and hosts are exclusively authorized to use the rating system offered on the SofaConcerts website for this purpose.
(2)
Content of the evaluation: Each participant is obliged to publish only truthful and factual information in the evaluation, to make no insults or unacceptable disparaging remarks and to communicate only circumstances in direct connection with the respective concert.
(3)
Invalid self-assessment: It is inadmissible to evaluate yourself. SofaConcerts is entitled to remove corresponding reviews.
(4)
Control: SofaConcerts will not conduct a review of the ratings without specific suspicion.
(5)
Inaccurate Assessment: If an artist or host believes that someone else has made an incorrect or otherwise ineligible assessment, they may contact our team. SofaConcerts will ask the author of the review for comment. If the author refuses to change or revoke his rating, SofaConcerts will, at its discretion, decide if the rating will continue to appear on the platform.
(6)
Infringement and damages: If a participant violates these evaluation principles, he is obligated to compensate SofaConcerts for the resulting damage. In particular, he is obliged to exempt SofaConcerts from claims of third parties asserted against SofaConcerts for an unreasonable rating.

§ 11 Termination of the Contract of Use between SofaConcerts and Participants

(1)
Termination by Participant: The Participant may terminate the contract at any time without notice. The obligations to SofaConcerts and / or other participants already established by the participant during the contract period remain unaffected by the termination. If a PRO membership is purchased, there will be no refund of fees.
(2)
Booking fee: Outstanding usage fees and other charges are due upon termination of the contract.
(3)
Termination by SofaConcerts: SofaConcerts can terminate the contract properly with a notice period of two weeks to the end of the month. The right to terminate without notice for good cause remains unaffected. SofaConcerts may in particular terminate the contract without notice if the participant deliberately gives incorrect information in the context of the rating system, makes incorrect or incomplete information during registration, receives repeated negative assessments within the rating system and these are not obviously unjustified, the participant repeatedly violates other contractual duties or obligations or fails to comply with SofaConcerts’ request to change this behaviour.
(4)
Text form: Any notice must at least be in text form. Notice of termination by e-mail is the text form.
(5)
No new user account: As far as SofaConcerts has terminated the contract, the participant is not entitled to set up a new user account, not even under a different name or title.
(6)
Deletion of date: Participants agree that personal information will be immediately removed from the platform after an unsolicited application for deletion (for example via the account menu) and will be completely deleted from the database within 6 weeks. The legal basis for this arises from Article 6 (1) (a) and (f) DSGVO.

§ 12 Sanctions for Breaches of the Rules

Penalty rule violation: To the extent that a Participant breaches its contractual obligations as set forth in these Terms of Use, including, but not limited to, breaching the obligations to participate in SofaConcerts Marketplace, the rating system, or the law or morality , SofaConcerts may at its discretion - taking into account the interests of the participant - respond as follows:

(1)
Warning
(2)
Deletion of offers or content (e.g. reviews)
(3)
Limitation of the entitlement of the participant to use the SofaConcerts Marketplace
(4)
Temporary or permanent blocking of the user account and termination of the contract.

§ 13 Liability of Participants

(1)
Liability of Participants: Each participant is liable for the infringement of rights of third parties against them directly and indirectly. Each participant agrees to compensate SofaConcerts for any damages incurred as a result of culpable non-compliance with the obligations arising from these Terms of Use.
(2)
Exemption: Each participant indemnifies SofaConcerts from all claims asserted by other participants or other third parties towards SofaConcerts for violation of their rights by content provided by the participant or due to the violation of other duties. The participant also bears the costs of the necessary legal defense of SofaConcerts, including all legal and attorney fees. This does not apply, as far as the infringement of the participant is not their responsibility.

§ 14 Liability, Damages of SofaConcerts

(1)
No liability for website use and consequences: SofaConcerts and its affiliated providers of telecommunications and network services are not liable for the reimbursement of any damage resulting from the use or non-use of the SofaConcerts website, in particular not that the website without crashes or works correctly. This includes, but is not limited to, the warranties of title, merchantability, merchantability, fitness for a particular purpose, availability, accuracy, reliability, or the content of the pages. SofaConcerts cannot be held liable for any direct, indirect or incidental damages or for consequential damages, lost profits or business interruptions based on the use or lack of use of the website and the services it contains. This also applies if SofaConcerts were informed of the possibility of such damages.
(2)
No liability for external influences: SofaConcerts assumes no responsibility in particular and is not liable for any damage caused by external influences on the participant's system or in the process of data transmission.
(3)
Scope of liability: The liability of SofaConcerts, as far as such should be given regardless of the above regulations, is in any case limited to damages caused intentionally or grossly negligently by SofaConcerts, its legal representatives or vicarious agents or to the breach of any liability for the contractual relationship are based on essential primary liability. The liability for damages is limited to the foreseeable, typically occurring damage, as far as SofaConcerts is not accused of intentional or grossly negligent breach of contract.For the loss or destruction of data by the participant, SofaConcerts is liable only up to the amount of the typical recovery effort, despite regular, state-of-the-art data backup.The liability for culpable injury to life, body or health remains unaffected. This also applies to the mandatory liability under the Product Liability Act.
(4)
No liability for information, advice or recommendation: SofaConcerts gives any information, advice and recommendations in principle to the best of its knowledge. There is no contractual principal or secondary obligation to provide information, advice or recommendations. Therefore, SofaConcerts is not obliged to pay compensation for any damage resulting from compliance with the information, the advice or the recommendation, unless liability arises from an unauthorized act or any other statutory provision. Information, advice and recommendations may be illustrations or texts, regardless of whether this information, advice or recommendations are publicly available (e.g. on the www.sofaconcerts.org website) or given to the participant personally.
(5)
Liability to artists and hosts: Any liability of SofaConcerts against artists and hosts is basically excluded and takes place only in accordance with the following provisions.SofaConcerts is liable for damages and reimbursement of futile expenses ("damages") for breach of contractual or non-contractual obligations only under the following circumstances:
  • • in case of intent or gross negligence,
  • • in case of negligent or intentional injury to life, body or health,
  • • in case of negligent or intentional violation of essential contractual obligations,
  • • because of the assumption of a quality guarantee,
  • • due to mandatory liability under the Product Liability Act and within the scope of § 44 a TKG or
  • • due to other mandatory liability.
The compensation for the breach of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless there is intent or gross negligence or liability for injury to life, limb or health or the assumption of a quality guarantee or product liability.The above limitations of liability also apply with regard to the liability of employees, shareholders, representatives, organs and their members, moderators, supporters and vicarious agents of SofaConcerts regarding their personal liability.
(6)
Disclaimer: Incidentally, any liability for compensation of SofaConcerts, for whatever legal reason excluded.

§ 15 Data Protection

(1)
The artists, hosts and participants agree to the storage of personal data in the context of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG (German law) and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract.
(2)
The rights arise in particular from the following standards of the GDPR:
  • • Article 7 (3) - Right to revoke a data protection consent
  • • Article 15 - Right to information of the data subject, right to confirm and provide a copy of the personal data
  • • Article 16 - right to rectification
  • • Article 17 - Right to be erased ('Right to be forgotten')
  • • Article 18 - right to restriction of processing
  • • Article 20 - Right to data portability
  • • Article 21 - Right of opposition
  • • Article 22 - right not to be subject to a decision based solely on automated processing, including profiling
  • • Article 77 - Right to complain to a supervisory authority
(3)
In order to exercise the rights, you are requested to contact SofaConcert by e-mail or in the case of a complaint please contact the responsible supervisory authority.

§ 16 Final Provisions

(1)
Written form: Changes or additions to these Terms of Use - including this written form clause - must be in writing.
(2)
Choice of law and jurisdiction: German law applies, excluding the UN Sales Convention (CISG United Nations Convention on Contracts for International Sale of Goods of 11.04.1980). The place of fulfillment and the exclusive place of jurisdiction is Hamburg, as far as both parties are merchants.

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.The revocation period is fourteen days from the date of conclusion of the contract.In order to exercise your right of withdrawal, you must withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail) to:   SofaConcerts GmbH   Neuer Kamp 32   20357 Hamburg   Telephone: +49-40-88-177-500   E-Mail: support@sofaconcerts.orgYou can use this model withdrawal form, which is not required.In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees.If you have requested that the services be commenced during the period of cancellation, you shall pay us a reasonable fee commensurate with the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of the service provided for in the contract.End of revocation. Special reference to the premature termination of the right of withdrawal: Your right of revocation expires prematurely, if before the expiry of the revocation period with the execution of the contract was started, after you have given your explicit consent and you have taken note of the fact that you lose your right of revocation as a result of the execution of the contract.

If you have any questions about our Terms of Use or our Privacy Policy, you can contact us at any time.