Terms and Conditions for viewers

IMAGIEN's platform and services include the possibility to view live performances (collectively referred to as the “Service”). In these Terms ”IMAGIEN” means Imagien AB, with headquarters at Saltmätargatan 7, 113 59 Stockholm, Sweden.

These Terms constitute a legally binding agreement between you and IMAGIEN governing your use of the Service. We therefore encourage you to read the Terms carefully.

These Terms apply to all users who view live performances at IMAGIEN.

To use the Service you must accept these Terms. Should you not accept the Terms, you will not be entitled to use the Service.

To use the Service you must be at least 18 years of age or otherwise old enough in order to enter into a legally binding agreement according to the local law in your residing state. If you do not meet this requirement, you may only have your own account with the consent from your parents or guardians. You are never allowed to use the Service if it is prohibited or if you are otherwise not entitled to use the Service according to the local law in your residing state.

IMAGIEN reserves its right to make any additions or changes to these Terms. IMAGIEN will inform you of any additions or changes to the Terms by keeping them available on, or via link from, the platform for your approval.

You accept and agree to any additions or changes to the Terms when you accept the updated version of the Terms, which will apply from the date set out in the updated Terms. All updated Terms must be accepted and agreed to for continuously use of the Service.

To use the Service you may be required to create an account. Please note that it is very important that you provide IMAGIEN with correct and complete information when you create an account. It is also of the utmost importance that you keep your password secret and that you handle it in a safe and secure manner.

Should you discover any breach of security terms or unauthorized use of your account, you are responsible to immediately report this in writing to IMAGIEN.

When you make a purchase in the Service, you accept that IMAGIEN creates an account for you.

By creating an account, you accept that you are solely responsible for all activities carried out via your account.

In the capacity as a data controller, IMAGIEN will process uploaded information and certain other personal data generated by using the Service.

Before you start using the Service, you will therefore be encouraged to confirm that you have read IMAGIEN's privacy policy, available here. IMAGIEN's privacy policy contains information on how IMAGIEN will handle personal data provided for the use of the Service.

When you use the Service, you undertake not to:

• share any part of the Service, otherwise as permitted by IMAGIEN, for example by using IMAGIEN's sharing functions,
• change or alter any part of the Service,
• access any material in any other way than through the media player permitted by IMAGIEN,
• in any way contribute to disrupting the functions of the Service or in any other way restrict the use of the Service,
• use the Service for commercial purposes, for example by selling availability to the Service or to announce or advertise products provided at IMAGIEN's platform, unless such functions are not provided in the Service by IMAGIEN,
• publish anything offensive, inappropriate, repulsive or illegal in a chat message,
• publish anything in a chat message infringing a third party's rights, including but not limited to material that constitutes an infringement of a third party's copyright,
• collect information about other users of the Service for the purpose of mass mailings of spam and junk mail or to sell such information to a third party,
• collect material in any way other than what is permitted by the use of the Service, which means that downloading, copying, distribution, and the use of another users material outside of the Service is deemed as illegal unless the owner of the material has permitted the use,
• copy, reproduce, distribute, send, demonstrate, sell, license or use another users or IMAGIEN's material without the written approval from the owner of the material, and violate applicable laws and regulations.
• As a user, you acknowledge and accept that you are solely responsible for the information which you provide and any messages that you write in the chat or similar function in the Service.

IMAGIEN provides the possibility for you as a viewer to purchase tickets from IMAGIEN to access a content creators livestream event (the payment is referred to as a “Fee”). A part of the Fee will be transferred to the content creator. You will be able to choose payment method through our payment solution provider Adyen. The amount that you accept for the Service is the total amount that will be charged.

As a viewer you understand that IMAGIEN does not take any responsibility for the payment solution that is provided by Adyen or for any losses due to unauthorized use of your debit card, credit card or other sources of funds that is provided by a third party in conjunction with your use of the Service. In the case of any conflicts between the provisions in these Terms and a third party's terms and conditions, these Terms will apply between you and IMAGIEN.

Any local tax, inclusive but not limited to VAT, might be applied to the purchase in accordance with the law that is applicable where you reside. By accepting these Terms you understand and agree as a viewer that IMAGIEN is not responsible for how the payment of the Fee is regulated from a tax (or other legal) perspective.

IMAGIEN provides, inter alia, the possibility to view live performances via the platform as part of the Service.

As a viewer, you must have an Internet connection and a device that meets the requirements set out at each time. You can try your setup here. If your Internet connection does not live up to such requirements, you cannot expect to view the performance without any errors or defaults. In such case, you agree to that you are not entitled to any refund of the ticket price from IMAGIEN.

If a live performance or uploaded material does not meet the promised quality or if the content creator infringes a third party's rights, violate applicable laws and regulations or uploads material with offensive, inappropriate, repulsive or illegal content on IMAGIEN's platform, you must report this to IMAGIEN.

Such report does not guarantee a right to a refund of the ticket price from IMAGIEN. Furthermore, reporting must be made within 2 hours from when the live performance ended.

If you purchase access to a live performance, the performance will be available for you as long as the stream is live in the Service. Live performances are not recorded and you will not have access to any recorded material afterwards.

If you have purchased a ticket to a live performance which is cancelled due to; the content creators inability to fulfill IMAGIEN's quality requirements, infringement of third party rights, violation of applicable law, or illegal content, you have the right to a refund corresponding to the Fee paid. IMAGIEN decides, at own discretion, whether a live performance should be cancelled or discontinued.

In connection with this, IMAGIEN also has the right to decide the conditions under which repayment is to be made.

These Terms do not limit your right to consumer protection under mandatory law of the country in which you reside. By accepting these Terms, however, you agree that the Service will be delivered immediately and that the content of the Service will be available to you immediately after your payment.

If your country of residence is Sweden, you hereby understand that you have no right to return the Service in accordance with the Act (2005:59) on distance contracts and contracts outside business premises.

If you provide material within the framework of the Service that infringes a third party's copyright, the content may be reported and immediately removed by IMAGIEN. You may also lose your right to use the Service due to such violation.

Furthermore, you may be subject to sanctions in accordance with the Act (1960:729) on copyright in literary and artistic works. Such sanctions can be of both a public law nature (eg fines or imprisonment) and civil law nature (eg damages). For removal of material that contains infringements, please refer to what is stated in the section the material below.

IMAGIEN does not take any responsibility for the material published and does not support the contents of the material in any way. IMAGIEN's platform and its Services are reviewed retroactively. This means that IMAGIEN does not preview any material published on the platform. Consequently, IMAGIEN does not guarantee that material published on the platform is legal or that it does not infringe a third party's rights. If, when using the Service, you discover that any published material violates these Terms or applicable laws and regulations, you must notify IMAGIEN. After receiving such notice, IMAGIEN will examine if there are any reasons to delete the material in question.

If IMAGIEN considers that uploaded material infringes a third party's rights, constitutes a violation of these Terms or applicable law and regulations, IMAGIEN will without any prior notice delete the material with immediate effect.

By uploading material, you guarantee that you have all the necessary rights and powers to do so. You also warrant that uploaded material has a legal content, that the material is not owned by anyone else or that the copyright to the material is held by someone else, unless you have permission to upload such material. By uploading the material, you also allow IMAGIEN to use the material when providing the Service.

If IMAGIEN considers that uploaded material constitutes an infringement of the rights of a third party, constitutes a violation of these Terms or applicable law, IMAGIEN will without prior notice remove the material with immediate effect.

By uploading your material to IMAGIEN's platform, you give IMAGIEN a global, non-exclusive, free and transferable right to use, distribute and display all or part of the material in a way that the Service's functions enable and for the purpose of marketing the Service.

As a user, you consent to indemnify and hold IMAGIEN harmless for all claims that may be made against IMAGIEN as a result of your violation of these Terms or applicable law and regulations.

IMAGIEN is constantly working with updating the Service in order to create the optimal user experience. You acknowledge and agree that the Service may change over time, without prior notice. IMAGIEN may also temporarily or permanently and without foregoing notice cease to provide the Service and thereby terminate your account.

In the event you violate any of the provisions set out herein IMAGIEN is entitled to terminate the agreement with you and to deny you continued access to the Service. Furthermore, IMAGIEN is entitled to terminate the agreement if changes to legislation make it illegal for IMAGIEN to provide the Service, of if the Service is no longer commercially acceptable.

As a user you are entitled to, at any time, terminate the agreement with IMAGIEN by sending a message to IMAGIEN or to request that your account is deleted.

IMAGIEN provides the Service without any warranties. The Terms in this agreement do not restrict or limit your rights according to applicable consumer laws. The Service is provided “as is”. That means that IMAGIEN does not warrant that the Service will function in accordance with your expectations or without any errors or defaults.

Furthermore, IMAGIEN does not warrant that the information made available within the provision of the Service is correct or reliable.

IMAGIEN is not liable for indirect damage or loss arising in relation to your use of the Service, such as loss of profit, loss of income or loss of goodwill, loss of data or any similar damage or loss.

IMAGIEN is not liable for defects and defaults in the Service beyond IMAGIEN's control. Nor is IMAGIEN liable for material that disappears, is deleted or altered within the provision of the Service.

The Service may contain links to other websites not owned or controlled by IMAGIEN. IMAGIEN does not take any responsibility for the content on such websites. IMAGIEN is not liable for any losses or damages that you may suffer due to the content on such external websites or other sources.

Cookies are used on the websites that use IMAGIEN's platform. By accepting the use of cookies for your use of the Service, you accept and consent to cookies from IMAGIEN and our partners according to your choices. Please refer to IMAGIEN's cookie policy here.

The Terms in this agreement apply in relation to you and all activities carried out via your account and the agreement cannot be assigned to another user. However, IMAGIEN is entitled to assign these Terms and the rights included herein without your approval.

Should the Terms or any part thereof be void, invalid or non-enforceable, the Terms shall be limited, amended or excluded to the extent required in order to remove such invalidity so that the other parts of the Terms can remain valid and enforceable.

If you are not satisfied with the Service, please contact us at support@gigset.io If our support team is not able to help you find a solution that you are happy with, you can also turn to your local Consumer Ombudsman (in Sweden, the National Board for Consumer Disputes, address Allmänna Reklamationsnämnden, Box 174, 101 23 Stockholm, Sweden) or to the European Commission's Online Dispute Resolution here. We do not undertake to participate in any alternative dispute resolutions, but will consider the issue if relevant.

These Terms shall be governed and interpreted in accordance with the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with these Terms shall be settled by the competent District Court. IMAGIEN reserves its right to submit any interim measures or initiate any other legal actions, including within other jurisdictions.