MyStage Terms of Service

Last updated: 10/31/24

1. Acceptance of Terms
   Welcome to MyStage (the “App”), provided by MyStage, Inc. (“Company,” “we,” “us,” or “our”). By accessing or using our App, you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, you must not use the App. We reserve the right to modify these Terms at any time, and it is your responsibility to review these Terms periodically. Your continued use of the App following the posting of any changes constitutes acceptance of those changes.
2. Eligibility
   You must be at least 13 years old to use the App. By accessing or using the App, you represent and warrant that you are at least 13 years of age. If you are under 18, you confirm that you have obtained parental or guardian consent to use the App and that you and your guardian agree to abide by all applicable laws and these Terms.
3. License and App Access
   We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not reproduce, duplicate, copy, sell, or exploit any portion of the App, use of the App, or access to the App without our express written permission.
4. Payments and Billing
   Certain features or content within the App may require payment. You agree to pay all applicable fees in connection with your use of such features. All fees are non-refundable, except as required by law. We reserve the right to change our pricing and fees at any time.
5. No Refunds
   All sales and transactions within the App are final. We do not provide refunds or credits for any reason, including, but not limited to, unused services or accidental purchases.
6. User-Generated Content
   The App allows you to post, upload, and share content, including video, images, text, and other media (collectively, “User Content”). By posting User Content, you represent and warrant that:
   
   • You own or have all necessary rights, licenses, and permissions to post the User Content.
   • Your User Content does not infringe on any third-party intellectual property rights, privacy rights, publicity rights, or other legal rights.
   • Your User Content complies with all applicable laws, regulations, and these Terms.
   • By posting or uploading User Content, you grant us a perpetual, non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media format or channel.

1. Responsibility for User Content and Release of Liability
   You are solely responsible for your User Content and any harm resulting from it. We do not assume any responsibility or liability for User Content, including any claims, damages, or losses arising from it. You agree to indemnify and hold harmless MyStage, Inc. from any claims arising out of or relating to User Content.
2. Content Moderation
   Our App uses a combination of user reporting, AI analysis, and manual review to moderate User Content:

1. • Filtering Mechanism: AI analysis scans comments, photos, and videos for objectionable material, such as hate speech, threats, explicit material, illegal activities, and cyberbullying. Content flagged as potentially inappropriate is reviewed by our staff before being displayed to other users.
   • Reporting Tools: Users can report any content they believe violates these Terms using our in-app reporting feature. Reports will be reviewed, and necessary action will be taken, including content removal and account suspension or ban if warranted.
   • Account Actions: We reserve the right to monitor IP addresses and suspend or permanently ban users who engage in prohibited activities.

1. Prohibited Content
   Users may not post, upload, or share any content that:

1. • Contains hate speech, threats, explicit material, cyberbullying, or references to illegal activities.
   • Violates any applicable laws, regulations, or third-party rights.
   • Contains defamatory, abusive, hateful, harassing, threatening, or obscene material.
   • Is intended to defame, abuse, harass, stalk, or otherwise harm individuals or groups. We reserve the right to suspend or terminate accounts associated with such content.

1. Blocking Abusive Users
   The App provides a feature for blocking users. If you block a user, they will not be able to view or interact with your content.
2. Intellectual Property
   All content, trademarks, logos, and other intellectual property available within the App are the property of MyStage, Inc. or our licensors. You are prohibited from using any of these materials without our prior written consent.
3. Privacy Policy and COPPA Compliance
   We are committed to protecting your privacy and ensuring compliance with the Children’s Online Privacy Protection Act (COPPA). Our Privacy Policy explains how we collect, use, and share personal information. We do not knowingly collect, use, or disclose personal information from children under 13 without parental consent, in line with COPPA requirements. By using the App, you consent to the collection, use, and sharing of your information as outlined in our Privacy Policy.
4. Analytics
   We may use third-party analytics tools to monitor and analyze the usage of the App. These third-party service providers have their own terms and privacy policies, and you should review them as applicable.
5. Third-Party Data Processors
   In order to provide our services, we may use third-party service providers who process data on our behalf. By using the App, you acknowledge and consent to the transfer and processing of data by these third parties.
6. DMCA Notice and Takedown Procedure
   If you believe that any content in the App infringes on your intellectual property rights, please contact us at: MyStage, Inc.
   DMCA Compliance
   448 Prospect St, Combined Locks, WI, US
   Email: support@dodl.es

Please include a detailed description of the alleged infringement, including sufficient information for us to locate the allegedly infringing content. We will respond in accordance with the Digital Millennium Copyright Act (“DMCA”) and remove or disable access to the allegedly infringing content as required by law.

1. Limitation of Liability
   To the fullest extent permitted by law, MyStage, Inc. disclaims any liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of the App. Our total liability to you shall not exceed the amount paid by you, if any, to use the App.
2. Indemnification
   You agree to indemnify, defend, and hold harmless MyStage, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or related to your use of the App or your violation of these Terms.
3. Arbitration and Dispute Resolution
   Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Outagamie County, Wisconsin, and the arbitrator’s decision will be binding and final. You waive any right to participate in a class-action lawsuit or class-wide arbitration.
4. Governing Law
   These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.
5. Termination
   We reserve the right to terminate or suspend your access to the App, at our sole discretion, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive.
6. Contact Information
   For any questions or concerns regarding these Terms, please contact us at:
   MyStage, Inc.
   448 Prospect St
   Combined Locks, WI, US
   Email: support@dodl.es
7. Entire Agreement
   These Terms constitute the entire agreement between you and MyStage, Inc. regarding your use of the App and supersede any prior or contemporaneous agreements.