Terms and conditions
- Live on Demand B.V. (“Live on Demand”) is a company with limited liability established and existing under the laws of The Netherlands, having its registered office in (1017 XD) Amsterdam, the Netherlands, at Weteringschans 165, registered with the Chamber of Commerce under number 55844073. The Service is provided on the website available via the URL www.liveondemand.com ("Website") and any underlying or related webpages.
C. Live on Demand
- The Live on Demand service (the “Service”) is available via the Website and aims to organize events using the power of the crowd. You can start an event request (an “Event Request”) for a live performance (the “Event”) of an idol of your choice (the "Hero") by creating an Event Request in the manner described on the Website. You can also subscribe to Event Requests made by other users.
- Several stages are distinguished from the moment an Event Request is created until the moment the Event eventually takes place. Each Event Request is first validated by Live on Demand. Once the Event Request is validated, it becomes visible to other users, who can then commit to buy tickets, including a limited number of "golden tickets" (the "Seeding Stage").
- Users can share the Event Request with friends via social media. Once all golden tickets have been sold, Live on Demand will contact and invite the Hero to perform the Event. If and when possible, Live on Demand will make a provisional booking for the Event. If a provisional booking is made, an optional location, date and time will be published on the Website (the "Option Stage").
- Once a certain, predetermined number of tickets has been sold, the Event Request will change to "Booked Stage". Live on Demand will then finalize the date, time and location for the Event and publish this information on the Website. Users can continue to buy tickets via the Website until the Event is fully booked.
- The Service is performed free of charge. Users only have to pay for tickets they order via the Service.
- Each and every use of the Service by you is for your own risk and responsibility. You accept that the Service contains only the functionalities and information that you find at the moment of use ("as is" and "as available").
- Live on Demand does not guarantee the Service’s fitness for a particular purpose or that the Service shall meet any of your requirements, that the Service shall be available to you at all times and without interruptions or disturbances or that the information on the Website is accurate, up to date or complete.
- Live on Demand is at all times entitled, without prior announcement and without in any way becoming liable to you:
- to make functional, procedural or technical alterations and/or improvements to the Service; and
- to (temporarily or permanently) discontinue, limit or terminate the Service or your Account.
- Live on Demand is not responsible for:
- the purchase and/or the proper operation of your infrastructure;
- loss, damage, inaccuracy and/or incompleteness of any Content.
- transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet; or
- any unauthorized use or attempted use of the Service.
- To use the Service, you are required to create an Account as described on the Website. You can also register using an existing Facebook-account or, if the Service provides such an option, via certain other third party services. You warrant that all information you provide and have provided to Live on Demand, including the information you provide during registration is accurate, complete and up-to-date at all times.
- When creating an Account you must provide your name, a photo, email address, date of birth and place of residence. You must also provide a username and password. You are responsible for maintaining secrecy with regard to your username and password. As soon as you know or have reason to suspect that these are no longer secret, or that the Account is being abused, you must notify Live on Demand immediately and take all necessary steps to prevent unauthorized access. Live on Demand is not liable for any loss or damage from unauthorized access or use of your Account due to your failure to keep your username and password secret.
- It is not permitted to:
- create more than one (1) Account.
- create an Account for another natural person or legal entity.
- create an Account using the name of another natural person or legal entity.
- provide access to your Account to another natural person or legal entity.
F. Your obligations and use of Live on Demand
- You may not resell, distribute, or in any other way make profit of the Service.
- You are not permitted to, and you guarantee not to, use the Service for a purpose as listed below, and/or make content - including all information, data and materials ("Content") – available:
- which is unrelated to the purpose of the Service;
- which, at the discretion of Live on Demand, is discriminating or is otherwise deemed hurtful, offensive or inappropriate;
- in which personal data is processed, other than in compliance with applicable law;
- which contains scrapers, spiders, viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, which can appropriate it or which is intended to circumvent technical protection measures of the Service, the Website and/or the computer systems of Live on Demand;
- which infringes the rights of Live on Demand and/or third parties, including but not limited to intellectual property rights or rights concerning the protection of privacy;
- which qualifies as or transmits unwanted or unsolicited material or content (spam);
- You acknowledge and agree that your Account and the Content you make available through Live on Demand is available for and can be used by other users.
- Live on Demand reserves the right, without prior notice, to abridge, alter, refuse and/or remove Content if this is necessary in Live on Demand's opinion, without this resulting in any liability.
- You can choose to share Events and Event Requests via social media, such as Twitter and Facebook. Live on Demand is not responsible with respect to the availability and well-functioning of these third party websites and services, nor for the correct functioning of the link between Live on Demand and such websites and services.
- The Service and the Website may contain links to third party websites that are not owned or controlled by Live on Demand and Live on Demand assumes no responsibility for the content, privacy policies or practices of any third party websites.
G. Ticketing, Prices and Refunds
- Golden tickets may grant the buyers a special treatment, which is determined by Live on Demand in its full discretion per Event, such as a meet-and-greet with the Hero.
- Prices for tickets are determined by Live on Demand in its sole discretion, mostly depending on the Hero that is being invited. Prices paid for tickets during Option Stage or Booked Stage may be higher than during Seeding Stage.
- Any prices paid for tickets are prefixed prices. If the price for tickets in later stages is higher than this prefixed price, buyers will not be required to pay an additional fee. Ticket prices are however comprised of a base fee and taxes. Tax rates are susceptible to changes not under control of Live on Demand. Prices may therefore be adjusted if such is necessary due to an increase in rates for taxes, levies or duties.
- Until the Event is in Booked Stage, any tickets sold, including golden tickets, merely represent the commitment of the user to buy a confirmed ticket for the price paid. Once the Event is in Booked Stage, the ticket is confirmed and grants the user the right to access the Event.
- All prices are in Euro's and are stated on the Website either including VAT or with the VAT and any other taxes, levies or duties stated separately. User agrees to pay the full price for the tickets as stated on the Website, increased with such taxes, levies or duties.
- The number of tickets that needs to be sold for an Event to enter into Booked Stage is decided by Live on Demand in its sole discretion, mostly depending on the Hero that is being invited.
- If you have bought a ticket to an Event, whether through direct or postponed payment, and whether in Seeding Stage, Option Stage or Booked Stage, and you are unable to attend the Event, you can request a refund of your ticket by sending an email to support[at]liveondemand[dot]com. Such a request must be done within 7 days from the moment the confirmed date, time and location of the Event have been communicated by Live on Demand. Any requests after that moment will give the user no right to a refund.
- Tickets are sold to users by Live on Demand directly. Live on Demand may however offer different kinds of payment methods offered by third parties such as iDeal, Paypal and credit card, for which services additional costs may be due.
- Buyer permits Live on Demand to keep trying to withdraw the amount corresponding to the number and price of the tickets ordered using the payment details provided by buyer, until the transaction is successful.
- Live on Demand may offer the user the possibility to choose between postponed payment or direct payment. Postponed payment means that the buyer provides Live on Demand with payment details when opting to buy a ticket and the actual payment will be withdrawn by Live on Demand 7 days before the Event date, using the provided payment details. The date and amount of the withdrawal will be announced to buyer 14 days before the Event date.
- Buyer guarantees to provide Live on Demand with valid payment details. Live on Demand will check the payment details provided by buyer on validity and creditability.
- Any questions or complaints about payments and or refunds shall be directed to Live on Demand.
- Corporate clients can choose to pay by invoice and may submit a request for invoice via the Website. Such a request may be denied by Live on Demand. Invoices must be paid within 15 days. A service fee applies to payment via invoice.
I. Personal data
J. Intellectual Property Rights
- You retain all IP-rights to the Content you provide through Live on Demand. By making available or uploading Content to the Website you automatically grant Live on Demand a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use, make available and communicate to the public this Content insofar as related to the Service, including for promotional purposes.
- You warrant that you hold all the rights relating to the Content and fully indemnify Live on Demand for any infringement claims and for all related damages and costs.
- Live on Demand does not accept any liability for damages resulting from an attributable failure in the performance of the Service and/or on account of an unlawful act or otherwise, insofar as permitted under law.
- If Live on Demand is liable for damages arising from any cause whatsoever, this liability is at all times limited to direct damages up to an absolute maximum of EUR 500,- per event (a sequence of events will be regarded as one event).
- Direct damage is understood to mean exclusively:
- damage to property;
- reasonable costs incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based;
- reasonable costs incurrent in determining the cause of the damage.
- Any liability of Live on Demand for damage other than direct damages ("indirect damages"), including - but not limited to - consequential damages, loss and/or damage of data, loss of profits and loss of sales, is excluded.
- The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Live on Demand or its managers ("own actions").
- No right to damages shall exist unless you notify Live on Demand in writing of the damage promptly after it has arisen. Any claim for damages against Live on Demand shall become extinguished by the mere lapse of twelve (12) months after the claim has come into being.
- Live on Demand is released from all contractual obligations and liability (e.g. for damages) if Live on Demand's performance is prevented or effected by an event of force majeure such as fire, flood, earthquake, windstorm or other natural disaster or interruption or failure of utility services including (but not limited to) electric power, gas, water or telephone and internet service and/or any other event or circumstance that is beyond the reasonable control of the party in question.
L. Notification of unlawful Content
- Live on Demand is not liable for any damages in connection with the (illegal) use of the Service. Live on Demand will only, under the conditions as set out in this Article, be obliged to remove or block access to Content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
- Any alleged illegal Content available through the Service can be reported to Live on Demand This can be done via a notification to support [at] liveondemand [dot] com.
- Live on Demand reserves the right to not grant a request to remove or block access to the Content or to stop an activity in case it has reasonable grounds to doubt the accuracy of the notification or in case a balancing of interest requires this. In such a situation Live on Demand can require a court order from a competent court in The Netherlands, to demonstrate that the material or the activity is manifestly unlawful.
- Live on Demand will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification.
- The person making the notification indemnifies Live on Demand against all claims of third parties in relation to the blocking or removal of Content or the stopping of activities. The indemnification includes all damages and costs Live on Demand suffers, could suffer or which Live on Demand incurs in relation to such a claim, including but not limited to the compensation of legal assistance.
- Live on Demand respects and protects the privacy of those who provide notifications. All personal data that it receives as part of a notification will always be processed in accordance with the Dutch Data Protection Act and will be used to process the notification.
M. Term and Termination
- You can terminate your Account at any time.
- In the event the Account is terminated, there will be no reversal of that which Live on Demand has already delivered. You will not receive any refunds for tickets already purchased for one or more Events, other than as described in Clause G hereof.
Upon termination of the Account, Live on Demand shall immediately make the Account inaccessible to you. Live on Demand may delete the Content saved into the system and has no obligation to restore the Content or assist in any data conversion.