This Terms of Service was first made on [•] December, 2020.
I. Introduction; Your Agreement to these Terms of Service.
You have indicated your interest to join the Lan.space AG (“Lan.space” or “we” or “us”) social network, streaming platform and digital performance platform (called Lan.space, the “Platform”) consisting of Websites, services, podcasts, software applications, embeddable players, and syndicated ‘widgets’ (the “Service(s)”).
The Lan Space Service provides community members with access and two-way interaction with masters in their field, including artists, actors, scientists, authors, economists, mathematicians chefs, politicians, spiritual guides, etc. ( “Luminaries” ), via: (i) live sessions: class or workshop with Luminaries, (ii) one-on-one: live video chat with a Luminary (iii) propose: suggest a class, one-to-one session or an introduction regarding potential collaboration; (iv) curated content: films, podcasts and interviews with Luminaries accessible at any time. Agents of Lan.space ( “Ambassadors” ) serve as talent scouts globally to ensure new and meaningful events ( “Sessions” ) are available to users of the Platform and purchasers of “Session Tickets”.
The following terms of service (the “Terms of Service” ) for the Services is a legal contract between you, an individual user of at least 18 years of age or a single entity (“you”, “user” “User” or, collectively, “Users” ), and Lan.space regarding your use of the Services. If under 18 years old, the User must have the written consent of a legal guardian to use the Services and enter into a contract only with the legal guardian’s signature.
Lan.space reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Service at any time by posting amended terms to the Terms of Service. Lan.space will attempt to notify you when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the Platform and/or Services after the posting of changes constitutes your binding acceptance of such changes.
The Services are not available to persons under the age of 18 (unless with the explicit written consent of the legal guardian of such person) or to any users previously suspended or removed from the Service by Lan.space. BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR OPERATING WITH THE CONSENT OF YOUR LEGAL REPRESENTATIVE) AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES.
III. Ownership of Materials; Limited License
The data and materials on the Services, except the User Submissions (defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Services (collectively, the “Materials”) are the intellectual property of Lan.space, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Lan.space, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Lan.space or its affiliates and/or third party licensors. Except as expressly authorized by Lan.space, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Lan.space reserves all rights not expressly granted in and to the Services and the Materials.
IV. The Swiss Revised Federal Act on Copyright and Neighbouring Rights of 9 October 1992 (NFACN) came into effect on 1 April 2020.
It is Lan.space's policy to adhere to the Swiss revised Federal Act on Copyright and Neighboring Rights of 9 October 1992 that came into effect of April 2020 (the “NFACN” ). Lan.space will promptly terminate without notice any User's access to the Service if that User is determined by Lan.space to be a repeat infringer.
If you are a copyright owner or an authorized agent thereof (the “Copyright Owner” ) and believe that any content on the Service infringes your copyrights, you may submit a notification of claimed infringement in a written communication provided to the designated agent of Lan.space that includes the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lan.space to locate the material.
Lan.space’s registered designated copyright agent to receive notifications of claimed infringement is:[•]
Electronic usage notifications
Anyone who performs or has performed works protected by copyright, must provide the responsible collecting society with relevant usage data. The NFACN stipulates that such information must be provided electronically (i.e., in a form that corresponds to the state of the art and permits automatic data processing) (article 51, paragraph 1, NFACN). In addition, collective societies are entitled to share/forward such data to/with one another (e.g., a collective society for musical works to a collective society for visual works) (article 51, paragraph 1bis, NFACN). By this means, copyrighted work users will have to provide the information to only one collective society once.
V. Lan.space Service License Grant.
certain users referred to herein as “Broadcasters” to distribute and display streaming live videos ( “Lan.space Performances” ) and to distribute, post and display textual and photographic comments ( “Broadcaster Comments” ) and personally identifiable information commonly known as “name and likeness” ( “Broadcaster Name and Likeness” ) and
certain users referred to herein as “Viewers” to view the Lan.space Performances and create textual and photographic comments ( “Viewer Comments” ). For the avoidance of doubt, Broadcasters and Viewers do not refer to different types of users, rather, the terms refer to the activity engaged in by users. Lan.space Performances, Broadcaster Comments, Broadcaster Name and Likeness, Viewer Comments together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on the Lan.space Services by Broadcasters and Viewers are collectively referred to as “User Submissions.”
If you sign up for user account, subject to your compliance with the terms and conditions set out in the Terms of Service, Lan.space hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Platform and Services for the distributing of User Submissions.
User Submissions are streamed, stored and distributed at your own risk. Notwithstanding any obligations hereunder of Lan.space to protect User Submissions, Lan.space cannot guarantee that there will be no unauthorized copying or distribution of User Submissions nor will Lan.space be liable for any copying or usage of the User Submissions not authorized by Lan.space.
VI. Broadcaster and Viewer Content License Grant; Representations and Warranties.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant:
You retain all of your ownership rights in our User Submissions. However, you hereby, through, distributing or disseminating User Submissions through the Platform and in the Services, grant to Lan.space and its successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels, in order to publish and promote such User Submissions in connection with services offered or to be offered by Lan.space. Such license will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Submissions in proximity with or in connection with any third party content.
Lan.space may rely on advertisers to help fund the Service. You agree that Lan.space may display advertisements and promotions of all kinds in and with the Service. You understand that Lan.space may have agreements with Web sites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by Lan.space related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Services. Lan.space will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting Lan.space and the Services.
By distributing or disseminating User Submissions through the Platform , you hereby grant to each user of the Service that is authorized to access your User Submissions a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Submissions.
VII. Your Use of User Submissions on through the Lan.space Services.
You understand that when using the Services, you will be exposed to User Submissions from a variety of sources, and that Lan.space is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Submissions or other content. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lan.space with respect thereto. Lan.space does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Lan.space expressly disclaims any and all liability in connection with the User Submissions. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST LAN.SPACE WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD LAN.SPACE, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER SUBMISSIONS AND YOUR USE OF THE SERVICE.
User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Services. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Services or otherwise as prohibited under the Terms of Service. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of the Services or the User Submissions therein.
You understand that all purchases of Session Tickets and/or of any other virtual or tangible items (e.g., gifts, merchandise) sold on or through the Services are final and non-refundable, except, in our sole and absolute discretion and are a limited license to view Lan.space Sessions and Performances and purchase other virtual or tangible items and are not a cash account or equivalent. Once you buy Session Tickets, you cannot get your money back (except in circumstances described in the Terms of Sale. Further, in Lan.space’ s sole discretion, accounts that are either unused or have been used only once for a period greater than six (6) months may be terminated. Please note that the Terms of Sale is incorporated herein by reference.
Please also note Lan.space may create Lan.space Memberships or special packages and/or offers from time to time which may be subject to separate agreements and terms and conditions.
VIII. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
When you use the Service to upload and/or download or purchase content or any products, services, or information from Lan.space, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Lan.space on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify Lan.space. You may be liable for the losses incurred by Lan.space or others due to any unauthorized use of your Services account.
X. Third-Party Sites, Products and Services; Links.
The Service may include links or references to other websites or services to Users ( “Third Party Sites” ). Lan.space does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through reference sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.
XI. Termination; Terms of Service Violations.
Your only remedy with respect to any dissatisfaction with the Service, any term of the Terms of Service, any policy or practice of Lan.space in operating the Service, or any content or information transmitted through the Service, is to terminateService and your account. You may terminate the Terms of Service by discontinuing use of any and all parts of the Services.
You agree to indemnify, save, and hold Lan.space, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Lan.space reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lan.space, and you agree to cooperate with Lan.space's defense of these claims. Lan.space will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
XIII. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAN.SPACE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAN.SPACE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION XIV, THE TERM LAN.SPACE INCLUDES LAN.SPACE'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
“As is” and “As available” and “With All Faults”.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING USER SUBMISSIONS), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED OUTSIDE OF THOSE SPECIFIED IN LAN.SPACE’S SERVICE LEVEL AGREEMENTS.
Service Operation and User Submissions.
LAN.SPACE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED OUTSIDE OF THE PROVISIONS SPECIFIED IN LAN.SPACE’S SERVICE LEVEL AGREEMENTS.
LAN.SPACE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES TO PROTECT USER SUBMISSIONS USED BY LAN.SPACE HEREIN ARE WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Internet Interruption and Web Site Contamination.
LAN.SPACE IS NOT RESPONSIBLE TO USER FOR ANY INTERRUPTION OF ACCESS TO THE LAN.SPACE WEBSITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS, OR INFECTION THAT CAUSES DAMAGES TO USER’ S CONTENT UPLOADED ONTO THE LAN.SPACE WEBSITE. LAN.SPACE IS NOT RESPONSIBLE FOR ANY LOSS OF REVENUE OR GOODWILL TO USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR DUE TO ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO USER’ S REPUTATION THAT MAY RESULT.
XIV. Limitation of Liability and Damages.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LAN.SPACE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER SUBMISSIONS) ON THE SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH LAN.SPACE, EVEN IF LAN.SPACE OR A LAN.SPACE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages.
IN NO EVENT WILL LAN.SPACE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Third Party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LAN.SPACE AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
Prevention of Unauthorized Use.
Lan.space reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
YOU AND LAN.SPACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LAN.SPACE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
XV. Contact and Communications.
The Services are offered by Lan.space AG, registered office at [•], Switzerland and Registered number [•] . Please email email@example.com with any inquiries.