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Site Terms of Service

Last Updated: July 17, 2020

This Site Terms of Service Agreement (“Terms”) governs your use of the SideStage™ marketplace platform offered by saambaa LLC (“we”, “us”, or “SideStage”), including our website (SideStage.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of the Site, including as a Recipient or as a Talent User (each as defined in these Terms).

These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy. Your use of our Site as a Talent User (defined below) is governed by the Talent Terms of Service. (“Talent Terms”).

PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

ARBITRATION NOTICE: Section 16 of these Terms contains provisions governing how claims that you and SideStage have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and SideStage to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 16: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

Table of Contents

  1. SideStage Marketplace
  2. SideStage Calls
  3. Acknowledgement
  4. Additional Terms
  5. Eligibility
  6. Fees and Payment
  7. Ownership
  8. Copyright and Intellectual Property Policy
  9. Privacy
  10. Third Party Content and Interactions
  11. Links
  12. Changes to our Site
  13. Termination and Reservation of Rights
  14. Indemnification
  15. Disclaimers and Limitations on our Liability
  16. Arbitration Agreement and Waiver of Certain Rights
  17. Other Provisions
  18. Changes to these Terms

1.    SideStage Marketplace

By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

2.    SideStage Calls

a.    Through our Site, you may schedule and access personalized live-stream video calls (“SideStage Calls”) from performers, creators and educators including celebrities, artists, influencers, and others (each, a “Talent User”), whereby a Talent User will join your video call in exchange for paid compensation. You may submit a request to a Talent User for a SideStage Call that is for you and/or a third party that you identify as a recipient (“Recipient”).

b.   You acknowledge and agree that the Talent User has sole discretion to determine how to fulfill your request and the content of the SideStage Call, and that the Talent User may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent User has up to three days (at our sole discretion) to fulfill or decline your request. Once your request is booked, your payment method will be charged the amount specified on the Talent User’s booking page on our Site, including any SideStage service fees, at the time you submitted the request and held in escrow until the Talent User fulfills the SideStage Call.

c.    SideStage Calls are licensed, not sold. You are buying the right (or license) to access it, not the actual SideStage Call itself.

d.   Subject to your payment in full, the Talent User hereby grants to you the following limited rights to use the SideStage Call (other than a Promo SideStage Call) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that SideStage Call, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.

e.    You may not sell, re-sell, or encumber your rights in any SideStage Call. You may sublicense your rights in a SideStage Call only to the extent necessary for you to use the SideStage Call as permitted under these Terms (for example, sharing a recording of it (if it is not a Promo SideStage Call) with friends on a social media platform or sending a recording of it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).

f.     You may use a SideStage Call only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason.

3.    Acknowledgement

You acknowledge and agree that:

a.    SideStage will not be liable or responsible for any SideStage Call or other offering requested by you or any Submission (defined below) you make;

b.   you have no expectation of privacy with respect to any SideStage Call requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;

c.    if you breach any provisions of these Terms, we may terminate your access to our Site, or we may remove or ban you (or any Site account you created or control), and by terminating your license to use any SideStage Call, or other offering under these Terms terminates and you must:

·      promptly remove all copies of any SideStage Call, or other offering in your possession or control, including from any social media platform; and

·      notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and

d.   without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Talent User in our or its sole discretion; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in SideStage’s sole discretion, including terminating your license to use any SideStage Call or other offering under these Terms and requiring you to take the actions outlined in Section 4.c.

4.    Additional Terms

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.

5.    Eligibility

a.    Age: You must be at least 16 years old to use our Site.

b.   Eligibility Representations and Warranties: You represent and warrant that:

                        i.         you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;

                      ii.         you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;

                     iii.         you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and

                    iv.         you are not a convicted sex offender.

c.    Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by SideStage are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer SideStage products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.

6.    Fees and Payment

a.    Fees: The fee for a SideStage Call or other offering is specified on the Talent User’s booking page on our Site when you make your request.  You may also be charged a SideStage service fee, which will also be specified on the Talent User’s booking page on our Site.  You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise.

b.   Currency: All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.

c.    Payment: You may request a SideStage Call by using a valid payment card through the applicable third party payment provider (for App for iOS, Apple’s in-app payment mechanism; for our website and App for Android, the payment provider we select). You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that SideStage does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a SideStage Call and no refunds will be issued.

                        i.         App for iOS: If a Talent User rejects your request for a SideStage Call or the SideStage Call is not provided, your SideStage account will be issued a credit (in USD only) for the value of your purchase. The credit will be maintained in your account and may be redeemed only for purchases on the App for iOS. If, when you make a purchase while logged into your SideStage account on the App for iOS, your account has a credit balance, the balance will be redeemed for that purchase (until fully redeemed) and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App for iOS, and expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, SideStage reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by SideStage and are subject to change at any time.

                      ii.         Website and App for Android: By providing your payment information, you agree that SideStage may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable, including any SideStage service fees, with no additional notice to or consent from you.

                     iii.         In addition, if the offering permits (e.g., SideStage Calls on SideStage.com), you may choose to designate an additional amount as a “tip” to the Talent User who fulfilled your request. You acknowledge that SideStage does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least US $5.00. You agree to pay any amount you authorize as a tip for the Talent User; a tip is not refundable.

d.   SideStage reserves the right (but is under no obligation) to cancel your SideStage Call request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. SideStage also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.

e.    Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at hello@SideStage.com. We have the sole discretion to determine how billing disputes between us will be resolved.

7.    Ownership

a.    You acknowledge and agree that each SideStage Call or other offering, including proprietary content shared with you from a Talent User is owned by the Talent User who performed it.

b.   We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “SideStage Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, SideStage Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.

c.    You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request that you make or send to any Talent User, including information concerning any Recipient; and (ii) any submission that you make to SideStage, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. SideStage will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.

d.   We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.

e.    SideStage desires to avoid the possibility of future misunderstandings if a project developed by any SideStage Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that SideStage has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to SideStage a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

f.     You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.

8.    Copyright and Intellectual Property Policy

a.    Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:

                        i.         your address, telephone number, and email address;

                      ii.         a description of the work that you claim is being infringed;

                     iii.         a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

                    iv.         a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;

                      v.         an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

                    vi.         a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

saambaa LLC
c/o SideStage Group
550 West B Street, 4th Floor
San Diego, CA 92101
hello@SideStage.com

If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

b.   Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.

9.    Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

10.                  Third Party Content and Interactions

a.    Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of SideStage, including SideStage Calls, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Talent Users, found on or through our Site are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Talent User except as expressly permitted through our Site. You also agree that SideStage may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with SideStage if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each SideStage Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".

b.   From time to time, an entity may be identified on a Talent User’s booking page or be associated with the Talent User elsewhere on our Site as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, the Talent User’s booking page may indicate that all or a portion of the Talent User’s revenue from a SideStage Call will be given to the Charity. Those arrangements are strictly between the Talent User and the Charity. SideStage is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by SideStage). Unless expressly stated, SideStage does not control and makes no warranties about the Charity or any donation to the Charity.

11.                  Links

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

12.                  Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you

13.                  Termination and Reservation of Rights

You may cancel your Site account at any time by contacting a member of the SideStage team at hello@SideStage.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

14.                  Indemnification

You agree to indemnify, defend, and hold harmless SideStage and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “SideStage Party,” and collectively, “SideStage Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. SideStage may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

15.                  Disclaimers and Limitations on our Liability

a.   You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the SideStage Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.

b.   In particular, the SideStage Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the SideStage Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.

c.   You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any SideStage Call, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a SideStage Call, will create any warranty not expressly made by us.

d.   You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that SideStage is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any SideStage Party with respect thereto.

e.   To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any SideStage Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not SideStage has been advised of the possibility of such damages.

f.     To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by SideStage from you during the 12 months preceding the claim giving rise to such liability.

g.   Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

h.   You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between SideStage and you.

16.                  Arbitration Agreement and Waiver of Certain Rights

a.    Arbitration: You and SideStage agree to resolve any disputes between you and SideStage through binding and final arbitration instead of through court proceedings. You and SideStage each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and SideStage relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

b.   Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SideStage will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

c.    No Preclusions: This arbitration agreement does not preclude you or SideStage from seeking action by federal, state, or local government agencies. You and SideStage each also have the right to bring any qualifying Claim in small claims court. In addition, you and SideStage each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

d.   No Class Representative or Private Attorney General: You and SideStage each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or SideStage). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

e.    Severability/No Waiver/Survival: If any provision of this Section 16 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 16 will continue in full force and effect. No waiver of any provision of this Section 16 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 16 will survive the termination of your relationship with SideStage.

f.     30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: saambaa LLC, c/o SideStage Group, 550 West B Street, 4th Floor, San Diego, CA 92101. Your notice must include your name and address, any usernames, each email address you have used to submit your SideStage Call requests or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

g.   LIMITATIONS: This Section 16 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or SideStage would have in court may not be available in arbitration.

17.                  Other Provisions

a.    Force Majeure: Under no circumstances will any SideStage Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any SideStage Party.

b.   Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

c.    Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

d.   No Waiver or Amendment: The failure by SideStage to enforce any right or provision of these Terms will not prevent SideStage from enforcing such right or provision in the future and will not be deemed to modify these Terms.

e.    Assignment: SideStage may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

f.     Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

18.                  Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.


Acceptable Use Policy

Last Updated: June 4, 2020

Your use of our Site (collectively, the SideStage™ website, mobile application (“App”), and services we provide through them) is governed by this Acceptable Use Policy. Terms that are defined in the Site Terms of Service or Talent Terms of Service will have the same meaning in our Acceptable Use Policy.

You are responsible for your use of any SideStage Call, your Site account, our Site, and any Submission (if you are a Site user) or Talent Content (if you are a Talent User). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.

1.    You represent and warrant that:

a.    you will not use a false identity or provide any false or misleading information;

b.   you will not create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site;

c.    you will not use or authorize the use of any SideStage Call for any purposes other than: (i) the specific limited purposes set forth in the Site Terms; (ii) those set out in any applicable Additional Terms; or (iii) if you are a Talent User, those set out in any other written agreement; and

d.   you will not:

                                          i.         violate any law, regulation, or court order;

                                        ii.         violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;

                                       iii.         take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);

                                      iv.         send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;

                                        v.         engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Site;

                                      vi.         transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;

                                     vii.         stalk, harass, threaten, or harm any third party;

                                   viii.         impersonate any third party;

                                      ix.         participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;

                                        x.         use any means to scrape or crawl any part of our Site;

                                      xi.         attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, users, Recipients, or any other third party;

                                     xii.         access our Site to obtain information to build a similar or competitive website, application, or service;

                                   xiii.         attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or

                                   xiv.         advocate, encourage, or assist any third party in doing any of the foregoing.

For clarity, your use of any SideStage Call includes use anywhere (on our Site or otherwise).

2.    Investigations:

You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties (including monitoring any SideStage Call, Talent Content, Submission, or Feedback), but we have the right to do so to operate our Site; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.


Talent Terms of Service

Last Updated: June 4, 2020

This Talent Terms of Service Agreement (“Terms”) governs your use as a talent user of the SideStage™ marketplace platform offered by saambaa LLC (“we”, “us”, or “SideStage”), including our website (SideStage.com), mobile application (“App”), and services we provide (collectively, the website, App, and services referred to as our “Site”). “You” and “Talent User” refer to you as a talent user of the Site.

These Terms apply solely to Talent Users of our Site. Use of our Site is also subject to our current Acceptable Use Policy. Any use by you of our Site other than as a Talent User is governed by the Site Terms of Service. (“Site Terms”).

PLEASE READ THESE TERMS CAREFULLY. By using our Site as a Talent User or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site as a Talent User.

ARBITRATION NOTICE: Section 17 of these Terms contains provisions governing how claims that you and SideStage have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and SideStage to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 17: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

Table of Contents

  1. Participation in the SideStage Marketplace
  2. SideStage Calls
  3. Fees and Payment
  4. Talent Content
  5. Ownership
  6. Additional Terms
  7. Eligibility
  8. Copyright and Intellectual Property Policy
  9. Privacy
  10. Third Party Content and Interactions
  11. Business Relationship with SideStage
  12. Links
  13. Changes to our Site
  14. Termination and Reservation of Rights
  15. Disclaimers and Limitations on our Liability
  16. Indemnification
  17. Arbitration Agreement and Waiver of Certain Rights
  18. Other Provisions
  19. Changes to these Terms

1.    Participation in the SideStage Marketplace

a.    Registration: In order to participate on our Site, you must register. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, “Registration Data”), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Site account and your use of our Site. You agree not to create a Site account using a false identity or providing false information, on behalf of another person (except as outlined below for a parent or legal guardian and Organizations), or if you (and your parent or legal guardian, or an Organization, if applicable) have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

                        i.         Talent User age 16 or older: Talent Users who are at least 16 years old may register directly. By registering, you represent and warrant that: (A) you are at least 16 years old (and, if between 16 and 18 years old, are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms); (B) you are of legal age to form a binding contract; (C) you are (and if you are between 16 and 18 years old, your parent or legal guardian is) not barred from using our Site under the laws of the United States, your place of residence (and if you are between 16 and 18 years old, the place of residence of your parent or legal guardian), or any other applicable jurisdiction; and (D) you are (and if you are between 16 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to Talent User’s participation on our Site and will fully indemnify the SideStage Parties (defined below) for any failure to do so.

                      ii.         Parent or Legal Guardian of Talent User, under age 16: Talent Users who are under 16 years old, may register only through a parent or legal guardian who, by registering, represents and warrants that: (A) he or she is the parent or legal guardian of the Talent User and agrees to these Terms; (B) neither the parent or legal guardian nor the Talent User is barred from using our Site under the laws of the United States, the place of residence of the parent, legal guardian, or Talent User, or any other applicable jurisdiction; and (C) he or she is responsible for complying with all applicable laws and regulations relating to Talent User’s participation on our Site and will fully indemnify the SideStage Parties for any failure to do so.

                     iii.         Organizations: A management company, manager, agency, agent, publicist, or other individual or organization (each, an “Organization”) may register a Talent User (“Affiliated Talent”). By registering, the Organization represents and warrants for itself and each Affiliated Talent that: (A) Organization is the authorized representative of the Affiliated Talent (and, if the Affiliated Talent is below the age of 18, is registering with any consent required of the Affiliated Talent’s parent or legal guardian as set forth in Sections 1.a(i) and 1.a(ii)) and agrees to these Terms; (B) neither the Organization nor the Affiliated Talent is barred from using our Site under the laws of the United States, the place of residence of the Organization or any Affiliated Talent, or any other applicable jurisdiction; and (C) Organization is responsible for complying with all applicable laws and regulations relating to Affiliated Talent’s participation on our Site under these Terms and will fully indemnify the SideStage Parties for any failure to do so. To register Affiliated Talent as an Organization, please contact hello@SideStage.com.

b.   Promotional Materials: At no cost to SideStage, you will provide to us the following promotional materials (“Promotional Materials”) within 72 hours of beginning the talent on-boarding process on our Site: (i) if you would like us to promote your participation on our Site, three high resolution images of yourself; (ii) your Site profile bio; (iii) a promotional video of approximately :15 in length to let your fans know that they can book you on our Site; (iv) the amount of time you are willing to provide for a SideStage Call; and (v) the dates and times you are available for a booking request. From time to time we may request additional Promotional Materials from you for SideStage’s use to promote you on or in connection with our Site or on any social media platform or third party website. Any other materials or photos of or concerning you that you approve for SideStage’s use will also be Promotional Materials under these Terms.

2.    SideStage Calls

From time to time, a user of our Site (“User”) may request one or more video calls (each, a “SideStage Call”) from you through our Site.

a.    While we hope you will fulfill a request within 48 hours of receiving it, you may have up to three days (at SideStage’s sole discretion) to complete and upload the SideStage Call. If you do not either: (i) accept the request and upload the SideStage Call; or (ii) decline the request; the request will expire and can no longer be fulfilled (except that you may fulfill the expired request at no cost to the User and with no payment due from us). You may decline a request or otherwise refuse, in your discretion, to accept a SideStage Call booking request if a User’s request is objectionable or otherwise offensive to you. If you accept a request, you agree to make yourself available for the SideStage Call.

b.   SideStage retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, cancelled, or unfulfilled SideStage Call request.

c.    Each SideStage Call will follow the general directions and requests of the User (for example, playing a song, telling jokes, providing instruction.) You will have sole discretion over the content of any SideStage Call, except that you will not get on the call to say the call cannot be completed. Your behavior on the call and response to the User’s request is your responsibility and at your discretion, subject to these Terms; however, Users are usually happiest when at least the majority of their request is followed by a Talent User. If you complete a SideStage Call but do not follow the general directions and requests of the User, we will discuss with you an appropriate adjustment of the payment made to you.

d.   You agree that your contact with any User of SideStage will be limited to your interaction on the Site or in a scheduled Call and you will not attempt to communicate with the User in any way that has not been scheduled or authorized by the User.  You further agree to not request the User’s personal contact information including email, phone number or social media profiles, and you agree to not circumvent the SideStage booking process and use the Site as a way to receive interest and then book a Call directly with a User.  You further agree to not solicit other Talent Users on the Site to recruit them in connection with a business similar to SideStage.

3.    Fees and Payment

a.    Booking Fee: You set your own price for each SideStage Call and any other offering you choose to make available through the SideStage marketplace platform (e.g., Promo SideStage Calls) (each, a “Booking Fee”), provided that: (i) your price on the App for iOS must be an available Apple SKU; and (ii) where there is no identical Apple SKU, your price will be the Apple SKU that is closest to (but not less than) the price you set (e.g., a Booking Fee of US$5.00 will be adjusted to US$5.99 in the App for iOS). In addition, the Booking Fee for each SideStage Call must be at least US$5.00 per person (unless it is as otherwise agreed in writing by SideStage).

b.   Fees: Other than with respect to an expired request that you choose to fulfill (as set forth in Section 2(a)) and subject to these Terms, we will pay you 85% of the Booking Fee actually received by SideStage for each SideStage Call or other SideStage product offering that you created and delivered to fulfill to a User’s request that you accepted through our Site, except that in the case of a Booking Fee paid through the App, we will pay you 85% of the amount actually received by SideStage after subtracting any payment to or deduction by the application platform (e.g., Apple deducts a 30% commission from the Booking Fee) from the Booking Fee (“Net App Booking Fee”). In addition, if the offering permits a User to designate an additional amount as a “tip”, we will pay you 100% (unless a different percentage is agreed in writing by SideStage) of any amount designated by a User via our Site as a “tip”.  SideStage may charge users who book SideStage calls a service fee; you will not receive any share of service fee revenue that SideStage collects when users book a SideStage Call.

c.    Fees and Payment Representations and Warranties: You represent and warrant that: (i) SideStage Calls are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from SideStage to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any SideStage Call, payment from us to you, or our Site; (ii) SideStage is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and (iii) SideStage is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or income taxes.

d.   Payment: You agree to register with the third party payment provider selected by SideStage, which SideStage may change in its sole discretion. You may not use a payment provider other than the one selected by SideStage. You will provide the payment provider any information required in order to receive payments via the payment provider. Any payments due to you from SideStage will be made via the payment provider. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you, or payment may not arrive quickly. SideStage will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. Subject to the payment provider’s terms, payment will be made within approximately two weeks of receipt by SideStage of the Booking Fee or Net App Booking Fee (as set forth in Section 3.a). If you choose to work with our payment provider you will receive payment faster than four weeks.  You acknowledge and agree that SideStage does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Other than with respect any payment to or deduction by the application platform (as set forth in Section 3.b). SideStage will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by SideStage. Unless otherwise agreed by SideStage in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if SideStage, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.

e.    Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.

f.     Fundraising: If you identify any entity on your booking page or elsewhere on our Site as a charitable organization or a recipient of any funds that you are raising (each, a “Charity”), you: (i) represent and warrant that you will comply with all applicable laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement; (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity; (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity’s good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms); and (v) represent and warrant that you have all rights necessary to authorize use of the Charity’s name and logo in connection with (and on) our Site, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your booking page disclaiming a connection between SideStage and the Charity, as we determine in our sole discretion.

4.    Talent Content

a.    License Grant to Talent Content: Our Site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your SideStage Calls and Promotional Materials (collectively, “Talent Content”). When you upload, submit, store, send, transmit approve, or receive Talent Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes we make so that Talent Content works better with our Site or otherwise), and to use your Talent Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Talent Content may, in SideStage’s sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Talent Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Talent Content. You further acknowledge and agree that SideStage has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by SideStage as a result of any such advertising).

b.   License Grant to Users:

                        i.         For each SideStage Call you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the SideStage Call, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).

c.    Right to Remove SideStage Calls: You acknowledge and agree that we cannot restrict the use of your SideStage Calls (including recordings of those calls) or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove those uses (including from social media channels or third party websites or platforms). If we do seek to remove a SideStage Call from a social media channel or third party website or platform, we may notify you of our intent to do so. As owner of the copyright in your Talent Content, you hereby authorize SideStage to act as your agent in order to submit any DMCA notice or other demand with respect to your SideStage Calls.

d.   Licenses: Please note that the licenses granted in this Section 4 are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Talent Content, by us, Users, or third parties (including Recipients), other than the payment set forth in Section 3. We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Site Terms. Finally, the licenses granted in this Section 4 are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Site.

e.    Talent Content Representations and Warranties: You represent and warrant that:

                        i.         you own all rights in and to your Talent Content and Feedback (defined below) and that you have the right to grant the rights described in these Terms;

                      ii.         you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Talent Content and Feedback by us, Users, or third parties (including Recipients) as described in these Terms;

                     iii.         your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;

                    iv.         your Talent Content and Feedback does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;

                      v.         you will not post or make publicly available any recording of a SideStage Call that the User has requested not be posted to your booking page;

                    vi.         you will not contact, respond to, or communicate with any User that you meet on or through our Site, except as expressly permitted through our Site.

                   vii.         you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;

                 viii.         you will not edit, change, modify, or remove the watermark from any recording of a SideStage Call or assist or encourage any third party to do so;

                    ix.         you will not ask us for permission or to assist you with the actions prohibited by Sections 4.e(vi) through 4.e(ix)); and

f.     Treatment of Talent Content: Any Talent Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Talent Content, including any personal information included in that Talent Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Talent Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Talent Content. None of your Talent Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Talent Content.

g.   Refusal and Removal of Talent Content: We may refuse to accept or transmit Talent Content for any reason without notice to you. We may remove Talent Content from our Site for any reason without notice to you.

h.    Cancellation of Site Account: If you cancel your Site account, you may, on at least three business days’ advance written notice to us, request that we no longer include your SideStage Calls on our Site and that we not make any new public use of them. As noted in Section 4.c, we have no obligation as to any use of your SideStage Calls by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) (including from social media channels or third party websites or platforms).

5.    Ownership

a.    Other than Talent Content, we or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “SideStage Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, SideStage Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of SideStage Content or use the Marks without our prior express written consent. You acknowledge and agree that each request or message from a User is a Submission (as defined in the Site Terms) owned by the User who created it.

b.   SideStage desires to avoid the possibility of misunderstandings if a project developed by us, our employees, or our contractors might seem similar to material submitted to us by you or a third party. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that SideStage has no obligation (including of confidentiality or privacy) with respect to your Feedback, and you grant to SideStage a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.

c.    You hereby waive any and all moral rights or “droit moral” that you may have in Talent Content or Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Talent Content or Feedback.

6.    Additional Terms

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you to read in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that all or some of these Terms don’t apply.

7.    Eligibility

a.    Age: You must be at least 16 years old to use our Site. If you are a minor or under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may access and use our Site only with permission from your parent or legal guardian.

b.   National College Athletic Association (“NCAA”) and Other Amateur Organizations: If you are or may become subject to NCAA rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our Site does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.

c.    Eligibility Representations and Warranties: You represent and warrant that:

                        i.         you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;

                      ii.         you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;

                     iii.         if you include an animal in any SideStage Call, you will cause no harm to the animal and will comply with all applicable laws and regulations;

                    iv.         you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and

                      v.         you are not a convicted sex offender.

d.   Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by United States law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by SideStage are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer SideStage products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.

8.    Copyright and Intellectual Property Policy

a.    Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

                        i.         your address, telephone number, and email address;

                      ii.         a description of the work that you claim is being infringed;

                     iii.         a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

                    iv.         a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

                      v.         an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

                    vi.         a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

saambaa LLC
c/o SideStage Group
550 West B Street, 4th Floor
San Diego, CA 92101
hello@SideStage.com

If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

b.   Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.

9.    Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

10.                  Third Party Content and Interactions

Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of SideStage, including SideStage Calls, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including Users, on or through our Site, are solely between you and the third party; however, SideStage may, in its sole discretion, intercede and you will reasonably cooperate with SideStage if it does so. You acknowledge and agree that SideStage will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions, including any requests or Submissions from Users. You agree to contact Users about matters relating to our Site only through the Site. You hereby release each SideStage Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

11.                  Business Relationship with SideStage

a.    You and SideStage agree and declare you and SideStage are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of SideStage, and will not represent yourself as such. As an independent contractor using our platform to provide marketing, artistic, writing, and photography services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance. You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.

b.   You represent and warrant that as between SideStage and you (whether a Talent User, parent or legal guardian of a Talent User, an Organization, Affiliated Talent, SideStage Partner, or otherwise), you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.

c.    You will use your own equipment to perform your obligations under these Terms.

d.   You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.

e.    Your relationship with SideStage is non-exclusive, meaning that you may provide similar services to third parties, including SideStage’s competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.

12.                  Links

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

13.                  Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

14.                  Termination and Reservation of Rights

You may cancel your Site account at any time by contacting a member of the SideStage team at hello@SideStage.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

15.                  Disclaimers and Limitations on our Liability

a.   You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the SideStage Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.

b.   In particular, the SideStage Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the SideStage Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site.

c.   You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including a User request, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a SideStage Call, will create any warranty not expressly made by us.

d.   You acknowledge and agree that when using our Site or performing a SideStage Call, you will be exposed to content and behavior from a variety of sources, and that SideStage is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content and behavior. You further understand and acknowledge that you may be exposed to content and behavior that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against any SideStage Party with respect thereto.

e.   To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any SideStage Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not SideStage has been advised of the possibility of such damages.

f.     To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by SideStage from you during the 12 months preceding the claim giving rise to such liability.

g.   Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

h.   You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between SideStage and you.

16.                  Indemnification

You agree to indemnify, defend, and hold harmless SideStage and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a “SideStage Party, “ and collectively, “SideStage Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) these Terms; (b) use of our Site; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any Organization or Affiliated Talent; (f) any Charity; (g) your status as a parent or legal guardian of a Talent User; (h) Talent Content; (i) Feedback; (j) your eligibility with the NCAA or any other association, group, authority, or organization referenced in Section 7.b; or (k) your participation in the Referral Program. SideStage may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

17.                  Arbitration Agreement and Waiver of Certain Rights

a.    Arbitration: You and SideStage agree to resolve any disputes between you and SideStage through binding and final arbitration instead of through court proceedings. You and SideStage each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and SideStage relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

b.   Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SideStage will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

c.    No Preclusions: This arbitration agreement does not preclude you or SideStage from seeking action by federal, state, or local government agencies. You and SideStage each also have the right to bring any qualifying Claim in small claims court. In addition, you and SideStage each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

d.   No Class Representative or Private Attorney General: Each of you and SideStage agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general; or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or SideStage). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

e.    Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with SideStage.

f.     30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: saambaa LLC, c/o SideStage Group, 550 West B Street, 4th Floor, San Diego, IL 92101. Your notice must include your name and address, any usernames, each email address you have used to set up an account on our Site, and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

g.   LIMITATIONS: This Section 17 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or SideStage would have in court may not be available in arbitration.

18.                  Other Provisions

a.    Force Majeure: Under no circumstances will any SideStage Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, pandemics, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any SideStage Party.

b.   Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in San Diego, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

c.    Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

d.   No Waiver or Amendment: The failure by SideStage to enforce any right or provision of these Terms will not prevent SideStage from enforcing such right or provision in the future and will not be deemed to modify these Terms.

e.    Assignment: SideStage may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

f.     Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

19.                  Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.


Talent Acceptable Use Policy

Last Updated: June 4, 2020

Your use of our Site (collectively, the SideStage™ website, mobile application (“App”), and services we provide through them) is governed by this Acceptable Use Policy. Terms that are defined in the Site Terms of Service or Talent Terms of Service will have the same meaning in our Acceptable Use Policy.

You are responsible for your use and performance on any SideStage Call, your Site account, our Site, and any Submission (if you are a Site user) or Talent Content (if you are a Talent User). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.

1.    You represent and warrant that:

a.    you will not use a false identity or provide any false or misleading information;

b.   you will not create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site;

c.    you will not use or authorize the use of any SideStage Call for any purposes other than: (i) the specific limited purposes set forth in the Site Terms; (ii) those set out in any applicable Additional Terms; or (iii) if you are a Talent User, those set out in any other written agreement; and

d.   you will not:

                                          i.         violate any law, regulation, or court order;

                                        ii.         violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;

                                       iii.         take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);

                                      iv.         send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;

                                        v.         engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Site;

                                      vi.         transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;

                                     vii.         stalk, harass, threaten, or harm any third party;

                                   viii.         impersonate any third party;

                                      ix.         participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;

                                        x.         use any means to scrape or crawl any part of our Site;

                                      xi.         attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, users, Recipients, or any other third party;

                                     xii.         access our Site to obtain information to build a similar or competitive website, application, or service;

                                   xiii.         attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or

                                   xiv.         advocate, encourage, or assist any third party in doing any of the foregoing.

For clarity, your use of any SideStage Call includes use anywhere (on our Site or otherwise).

2.    Investigations:

You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties (including monitoring any SideStage Call, Talent Content, Submission, or Feedback), but we have the right to do so to operate our Site; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.

 

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Privacy Policy

Last Updated and Effective: June 4, 2020

In order to provide a marketplace platform for SideStage™ live-stream video calls and other products and services through our website (SideStage.com), mobile application, and through the services we provide (collectively, the website, application, and services referred to as our “Site”), and continue to make them better, the SideStage marketplace platform offered by saambaa LLC (“we”, “SideStage”) collects information from you. If you’re a resident of California or Nevada, you should read this policy and the applicable sections below for residents of California and Nevada.

This Privacy Policy explains how SideStage collects, stores, uses, transfers, and discloses your information.

From time to time, SideStage may revise this Privacy Policy. We will give you notice by posting the revised Privacy Policy on our Site and updating the “Last Updated and Effective” date at the top of this Privacy Policy; we may also notify you in other ways, such as through the contact information you have provided. Any changes to this Privacy Policy will be effective immediately on posting the updated Privacy Policy unless otherwise stated or as required by applicable law (for example, notice and opt-in or opt-out consent may be required). By continuing to use our Site, you agree to the revised Privacy Policy to the fullest extent permitted by applicable law.

Please also review the applicable Terms of Service, which also apply to use of our Site.

You should read the policy in full, but here are a few key things:

  • When you use SideStage, even if you’re just browsing, we receive some information from you, such as the type of device you’re using and your IP address.
  • You can choose to share additional information with us, such as your email address, by creating an account.
  • If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time by emailing us at hello@sidestage.com.

Table of Contents

1.    Scope of SideStage Privacy Policy

2.    Information We Collect

3.    Cookies and Tracking Technologies

4.    How We Use Information

5.    How We Share Information

6.    Children and Parents

7.    Your Choices

8.    Accessing Personal Information and Retention Period

9.    Data Security

10.                  Notice to California Residents

11.                  Notice to Nevada Residents

12.                  Contact Us


1. Scope of SideStage Privacy Policy

This Privacy Policy applies to all aspects of our Site as well as to information we may collect offline.

This Site may link to or incorporate websites or content hosted and served by others over which we have no control, such as third party websites, online properties, platforms, social media, or systems, which are each governed by the privacy policy and business practices of the third party. You understand and agree that SideStage is not responsible for the security, privacy, or business practices of any third party.


2. Information We Collect

We collect information from you directly, automatically when you visit the Site, and sometimes from third parties. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name, phone number, e-mail address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. And, if we combine information that we consider to be non-personal with personal information, we will treat the combined information as personal information under this Privacy Policy. Note that we may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function known as a “hash.” We will treat de-identified information as non-personal to the fullest extent permitted by applicable law.

(a) Information You Provide

SideStage may collect personal information from you when you:

 i.         Create an account or login to the Site. SideStage collects your name and email address and the other information that you provide, such as a telephone number, when you register or login, update, or add information to your account. We require you to create a username and password if you create an account. SideStage collects information relating to any third-party account that you use to login to or link to your SideStage account (such as your username, bio, and number of followers). We may store payment information (such as credit or debit card details) or use a third party to store payment information (such as Stripe or Braintree) but in any case only if you elect to use this option in your account.

ii.         Make a purchase through the Site. SideStage collects the information that you provide when requesting a SideStage Call, including your name and email address, any mobile phone contact number (of you or the recipient) you choose to provide, the name of the recipient (if there is one), and the details that you provide as part of your request. When you purchase merchandise, we also collect shipping and delivery information. SideStage processes payment information you provide when you pay for a purchase. We collect information of the recipients that you provide to us to the extent necessary to provide the SideStage Call, either as part of the content or for the transaction itself (for example, we share the recipient’s name and the details of the request with the applicable SideStage “Talent User”) or to deliver merchandise.

iii.         Participate in sweepstakes, contests, or other promotional activities. SideStage collects the information that you provide when you enter a sweepstakes, contest, or promotional activities (each, a “Promotion”) through our Site. Each Promotion has its own terms and conditions or official rules, which you should review as they may contain other requirements (such as, allowing use of your name or likeness in advertising unless prohibited by applicable law).

iv.         Contact Customer Service through the Site. SideStage collects the information that you provide in connection with providing customer service.

v.         Provide Content to the Site. We collect information when you submit content to us, such as a video, review, photo, email, text, social media post, or other communication (each, a “Submission”) and, if you are a Talent User, when you submit “Talent Content”. Each Submission, whether submitted to our Site directly or through a Social Media Platform, and all Talent Content, is subject to the applicable Terms of Service. As a result, others may access it, use it, and share it.

vi.         Use Social Media with the Site. We collect information when you interact with our Site through social media platforms such as Facebook, Instagram, and Twitter (collectively, “Social Media Platforms”). For example, you may use your existing social media username and login information to create an account on our Site or “like” or “share” content from our Site. Some of your information, such as your username, may be publicly displayed. We may also receive information about you if other users of a Social Media Platform give us access to their profiles and you are one of their connections or “friends”. In addition, we and the Social Media Platform may have access to information about you and your use of our Site and the Social Media Platform. The information we collect is subject to this Privacy Policy. The information that any third party collects is subject to its privacy practices (including whether it shares information with us, the types of information shared, and your choices about what may be visible to others).

vii.         Use the Site as a Talent User. When you use our Site to become or as a Talent User, we collect, in addition to information provided when you create your account, your name, email address, phone number, and the social media usernames you provide, SideStage Calls prepared by you, and other information relating to our relationship with you, such as payment information. SideStage’s payments to you are made through the third party payment provider selected by SideStage. You should review the payment provider’s privacy policy before providing your personal information, as it is responsible for personal information in its own right, and its privacy practices may vary from ours.

viii.         Become a SideStage Partner. When become a you become a “SideStage Partner” including through our Site, in addition to information you provide if you create an account on the Site, we collect your name, email address, phone number, and other information relating to our relationship with you, including payment information. SideStage’s payments to you are made through the third party payment provider selected by SideStage. You should review the payment provider’s privacy policy before providing your personal information, as it is responsible for personal information in its own right, and its privacy practices may vary from ours.

ix.         Apply for a Job with SideStage. We collect the information you provide when you apply for a job with us through a third party career portal (for example, through the “Jobs” link on our Site) or directly. Please note that your use of a third party career portal is subject to the third party’s privacy policy.

(b) Information from Third Parties

We may also obtain information, such as contact details (for example, name and email address), country, IP address, purchase histories, marketing preferences, cookie information, hardware and software information and other technical information about you from third parties, such as analytics companies, Social Media Platforms, and other third party business partners, such as a SideStage Partner. For example, if you discuss becoming a Talent User through a SideStage Partner, we will collect your name, email address, phone number, and the social media usernames you provide relating to that relationship from the SideStage Partner.

We and our third party business partners may collect information about your visits to and activity on our Site and other websites and services. We may combine that information with other personal information we have collected from or about you. We may share certain of this information with third party business partners for similar purposes.


3. Cookies and Tracking Technologies

(a) Cookies and Tracking

When you visit our Site, we and third-party advertising and analytics companies and other third party business partners may use a variety of tracking and other technologies that automatically or passively collect certain information whenever you visit the Site or otherwise interact with us or our content (“Usage Information”).

We use these technologies for a number of reasons, including to save your preferences for future visits to our Site, keep you logged in between visits, and to provide you with improved services. The information we collect may include (but is not limited to):

·       date and time of your visit to our Site;

·       areas you visit within our Site;

·       links that you click on within our Site;

·       websites or advertisements you visit before or after visiting our Site;

·       terms you entered into a search engine that lead you to our Site;

·       IP address, mobile device identifier, or other unique identifier and usage information for the device used to access our Site;

·       precise location data from your device, if you have opted-in to the collection of that information (you may be able to disable the collection of precise location data through the settings on the device used to access our Site, but your approximate location may remain available through its IP address or other information that we collect);

·       device and connection information, such as browser type and version, operating system, and platform; and

·       whether an email message we sent was opened and whether a link in the email message was clicked.

The methods that may be used to collect Usage Information include the following:

1.    Cookies and Local Storage. A cookie is a data file placed on a device when it is used to visit the Site or otherwise access our content. Certain web browsers and certain browser add-ons, such as Adobe Flash, may provide additional local data storage mechanisms that are used in a manner similar to cookies, and some of the content included on our Site may make use of this local storage. To get information about Flash and Adobe’s privacy choices from Adobe, click here. To get information about cookies from All About Cookies.org, click here. Cookies, Flash cookies, and other local storage devices may be used for a variety of purposes (for example, to identify your device when you revisit our Site, to recall your authentication information, to store information related to your navigation throughout our Site, or to enable certain features on our Site). Some cookies are essential to the functioning of the Site, and, without them, some features and services you have requested cannot be provided. If you disable cookies, adjust privacy settings on your device, restrict local storage, or otherwise limit these technologies, you may not be able to use some of our Site features.

2.    Web Beacons. Small graphic images or other web programming code called web beacons (also known as “pixels”, “1x1 GIFs” or “clear GIFs”) may be included in our web pages and email messages. Web beacons may not be visible to you. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the Site, to monitor how users navigate the Site, to count how many email messages we sent were opened, and to count whether a link in an email message we sent was clicked.

3.    Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third party service provider, is active only while you are connected to a Site, and is deactivated or deleted after you are no longer connected.

4.    Other Technologies We may also use other technologies that collect similar information for security and fraud detection purposes.

(b) “Do Not Track” Signals

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, SideStage does not currently alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. For information about “do not track” from The Future of Privacy Forum, click here.


4. How We Use Information

We may combine information that we have received from you with information from other sources to operate, tailor content, personalize, adjust, and improve our Site. We use your information:

·       to fulfill your request for a SideStage Call or purchase of merchandise, accept your payment, ship and deliver your orders, deliver email messages, and process information you provide through our Site;

·       to maintain your account, to assist with payment transactions, to facilitate use of the Site, and to communicate with you about your account, our relationship with you, and your use of the Site, such as by verifying your information, requesting that you respond to a survey, checking on the status of an order or request. We may send you text messages if you have provided us with your mobile telephone number for that purpose;

·       to establish and manage a relationship with you as a Talent User or a SideStage Partner;

·       to send you promotional email or text messages communications from SideStage (not from any third party) if you have opted in to receive them. To stop receiving email messages, click on the “unsubscribe” link in the footer of the promotional email; please note that even if you unsubscribe, we may send you communications relating to your account or use of the Site, such as administrative and services announcements;

·       to conduct and administer a Promotion if you have chosen to participate. We will not share your information with a third party for the third party’s marketing or promotional purposes unless you agree;

·       to provide you and others with customer service, to assist in resolving issues, and to evaluate and improve our customer service and processes;

·       to use any Submission or Talent Content as set forth in the applicable Terms of Service, which may include the public display of some information, such as your name, username, or where you reside;

·       to consider your job application and, in connection with the application, to fulfill legal reporting requirements, for internal business purposes (such as to evaluating and improving our recruiting processes), or to defend against employment-related claims;

·       to contact you about administrative matters, such as the applicable Terms of Service, or other issues;

·       to better understand your personal preferences and to enable us to provide you with improved and personalized communications and services;

·       to compile aggregate data about Site traffic and interaction;

·       to tailor the content and advertising we display to you or others, on our Site or elsewhere, and to analyze trends and statistics;

·       to create advertising models through lookalike modelling or other research methodologies;

·       for internal business purposes, such as improving our Site, products, and services and to comply with legal requirements and our business practices, such as our recordkeeping, backup, and document retention policies; and

·       for other reasons that we disclose when you provide your information, with your consent, and as described in this Privacy Policy.


5. How We Share Information

We share non-personal information, such as aggregated statistics and de-identified information, with third parties to the extent permitted by applicable law. SideStage also shares personal information as provided below in more detail. We do not share personal information with any third party to use for its own marketing or promotional purposes without your consent.

(a) Our Affiliates

We share information with our affiliates, as relevant, who use it for the same purposes for which we use it. More information about SideStage affiliates can be found here.

(b) Third Parties Providing Services on our Behalf

We use third parties to perform certain services on our behalf, such as hosting the Site or Site features, providing website usage analytics, fulfilling orders, processing payments, sending email or other communications, providing marketing assistance and data analysis or enhancement, running promotions, or performing other administrative services. We may share information about you with these third parties to allow them to execute, deliver, or improve the services that they provide for you and for SideStage.

(c) SideStage Partners

We may disclose your information to the SideStage Partner who introduced you to us in connection with the services that the SideStage Partner is providing and for the SideStage Partner’s business purposes (for example, record-keeping and tax reporting).

(d) Employment Applications

If you apply for a job with SideStage or any of our subsidiaries or affiliates, we or our service providers may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by the U.S. Equal Employment Opportunity Commission and other regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, we and our service providers may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.

(e) Sweepstakes, Contests, and Other Promotional Activities

If you participate in a Promotion, we may disclose your information to third parties or to the public in connection with conducting and administering the Promotion, for example, to select a winner, provide a prize, as required by applicable law (such as publishing a list of winners), or as permitted by the applicable terms and conditions or official rules.

(f) When You Request That We Share Your Information

We may share information when you request us to do so, for example, if you opt-in to receive a communication from a third party or if you engage with a Social Media Platform or other third party application or feature through which information about you is shared.

(g) Administrative Reasons, To Enforce and Protect Legal Rights

1.    To the extent permitted by applicable law, we will disclose your personal information pursuant to a law, regulation, court order, or other legal request or process, such as disclosure to law enforcement or other government officials or agencies in connection with any investigation, for example of fraud, intellectual property infringement, or any other activity that is or may be illegal or may expose SideStage, you, or another to legal liability. This disclosure may include legal requests from a jurisdiction outside of the United States when we have a good faith belief that the response is required by law, regulation, court order, or other legal request or process in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally-recognized standards.

2.    We will disclose your personal information when necessary to exercise, enforce, establish, or defend our legal rights. For example, we may review your account information in order to investigate allegations of hacking or a breach of the applicable Terms of Service. We will disclose your personal information to our legal and other advisors, consultants, and law enforcement or other government entities.

(h) Protecting Others

We will disclose your personal information to third parties when we believe the disclosure is necessary to protect rights, property, or safety of another. For example, we disclose personal information relating to a Site account if we in good faith believe that a Site account is being used in ways that are harmful to another or contrary to the applicable Terms of Service.

(i) Business Transfers

In evaluating or engaging in a sale of assets, merger, acquisition, reorganization, bankruptcy, or other transaction, we reserve the right to disclose, transfer, or assign your personal information and communications. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent.


6. Children and Parents

Our Site is intended for a general audience and not for use by anyone younger than the age of 16. We do not knowingly collect personal information from children younger than the age of 16 without the consent of a parent or legal guardian; if we learn that we have done so, we will promptly remove the information from our active databases. If you are a parent or legal guardian who believes that we have collected or used their child’s personal information, please contact us by sending an email to hello@sidestage.com.


7. Your Choices

(a) Marketing Preferences

To stop receiving promotional email communications from SideStage, click on the “unsubscribe” link in the footer of the promotional email. As noted above, we may send you email communications relating to your account or use of the Site even if you have unsubscribed.

(b) Third Party Advertising and Analytics Companies and Your Choices

SideStage works with network advertisers, ad agencies, and other advertising partners to serve SideStage ads online. We may use information we have learned about you to target ads to you and to allow third parties to target ads to you. We also use analytics providers to provide us with information regarding the use of the Site and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons), and they may otherwise collect or have access to information about you, including Usage Information. We and our third party advertising and analytics providers may collect personal information over time when you visit the Site or other online websites and services.

We may share non-personal information, including information that has been de-identified, aggregated user statistics, and Usage Information, directly or indirectly through third party business providers, with third party advertising companies, analytics providers, and other third parties, including for the purpose of serving you more relevant ads. We may retain third party providers to help us perform these tasks. For example, we may share personal information with third parties who combine and link information from SideStage with information from other sources. These third party providers may then make non-personal information available to third party advertisers, including information about your interests and preferences, to enable them to serve you more relevant ads.

1.    Some of these third parties may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. NAI and DAA each provide information regarding procedures for opting-out of targeted online advertising from participating companies. For information from NAI about opting out, click here. For information from DAA about opting out, click here, and for information about DAA’s AppChoices application, click here.

2.    For mobile applications, you may be able to limit certain advertising practices using the settings on your phone, tablet, or other mobile device. On most mobile devices, you can install the DAA’s AppChoices app to make choices about cross-app interest-based advertisements from participating third parties. For information from NAI about opting out on mobile devices,click here.

3.    SideStage uses Google Analytics. Google Analytics uses cookies and similar technologies to collect and analyze information about the use of the Site and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. For information from Google about opting out, click here, and to download the Google Analytics opt-out browser add-on from Google, click here.

Opting out through these mechanisms does not block all online advertising; you will continue to receive generic advertisements.


8. Accessing Personal Information and Retention Period

(a) Accessing Your Account

Please note that if you choose not to provide us with certain personal information, we may not always be able to provide you with the relevant SideStage product or service that you request. For example, without providing an email address, you will not be able to create a Site account.

1.    You may access, view, correct, or update certain personal information collected about you by accessing your Site account through SideStage.com or the mobile application and edit your personal information. If you want to deactivate your account, please email hello@sidestage.com; Talent Users may also deactivate their account through their account settings or by texting their SideStage talent representative.

2.    If you have any concerns about how we are using your personal information, would like to correct or remove correct the personal information that you have provided to us, please send your request by emailing us at hello@sidestage.com.

(b) Retention Period

When you request that we delete your personal information, we will take commercially reasonable steps to remove it from our active databases but will keep original information consistent with our business practices to the extent permitted by applicable law (for example, for purposes of dispute resolution, enforcement of agreements, complying with legal requirements, recordkeeping, backup, and document retention).


9. Data Security

SideStage takes commercially reasonable security measures to protect the information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and you use our Site and transmit information to us at your own risk. If you have any questions about security on our Site, contact us by emailing us at hello@sidestage.com.


10. Notice to California Residents

(a) California Privacy Notice

This California Privacy Notice is effective as of January 1, 2020.

This notice supplements SideStage’s privacy policy and applies only to California residents. This California Privacy Notice sets forth disclosures and rights for California consumers regarding their personal information, as required by the California Consumer Privacy Act (“CCPA”). Terms used in this California Privacy Notice have the same meanings given in the CCPA and the regulations of the Attorney General implementing the CCPA, unless otherwise defined.

This notice provides information about the categories of information that we collect from California residents generally, the sources of the information, the purposes for which we use the information, and the categories of third parties to whom we disclose the information for business purposes and to whom we sell Personal Information as defined by CCPA (and information on how to opt-out).

1.    Information SideStage Collects.

SideStage collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Information").

The following are the categories of Personal Information that we have collected from our users over the last 12 months (and examples of the types of information those include), the categories of sources from which that information was collected, the business or commercial purpose(s) for which the information was collected, the categories of third parties with whom we disclose the information for a business purpose, and the categories of third parties to whom this type of personal information is sold.

We may also collect and/or use additional types of information after providing notice to you before collection and obtaining your consent (to the extent such notice and consent is required by the CCPA).

Category of Personal Information Collected

Categories of Sources from which the Information was Collected

Business or Commercial Purpose(s) for which Information is Collected

Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

Categories of Third Parties to Whom this Type of Personal Information is Sold

Identifiers

We may collect this type of information from:
• Consumer,
• Cookies and Tracking Technologies,
• Third Party Service Providers,
• Third Party Social Media Companies,
• Third party Business Partners,
• Third Party Data Resellers.

We may use this type of information as detailed in the HOW WE USE INFORMATION Section:
• To fulfill your request, process your payment, deliver your orders, communicate with you, and provide customer service,
• To maintain your account,
• If you are a Talent User or SideStage Partner, to establish and manage our relationship and assist with a transaction,
• To use Submissions and Talent Content as set as set forth in the applicable Terms of Service,
• To contact you about administrative matters,
• To conduct and administer sweepstakes, contests, or promotions,
• To understand your preferences and provide improved services,
• To tailor the content and advertising we display on our Site and elsewhere,
• To analyze Site traffic and interaction,
• To create advertising models,
• To consider your job application, and
• For internal business purposes.

We may disclose this type of information to as detailed in in the HOW WE USE INFORMATION Section and HOW WE SHARE INFORMATION Section:
• Service Providers, such as third parties who deliver our communications,
• Third parties we partner with for contests, sweepstakes, or promotions,
• Third party advertising and analytics companies,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

Third party advertising business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale under CCPA under certain circumstances.

Any categories of personal information described in subdivision (e) of Section 1798.80

We may collect this type of information from:
• Consumer,
• Cookies and Tracking Technologies,
• Third Party Service Providers,
• Third Party Social Media Companies,
• Third party Business Partners,
• Third Party Data Resellers.

We may use this type of information as detailed in the HOW WE USE INFORMATION Section:
• To fulfill your request, process your payment, deliver your orders, communicate with you, and provide customer service,
• To maintain your account,
• If you are a Talent User or SideStage Partner, to establish and manage our relationship and assist with a transaction,
• To use Submissions and Talent Content as set as set forth in the applicable Terms of Service,
• To contact you about administrative matters,
• To conduct and administer sweepstakes, contests, or promotions,
• To understand your preferences and provide improved services,
• To tailor the content and advertising we display on our Site and elsewhere,
• To analyze Site traffic and interaction,
• To create advertising models,
• To consider your job application, and
• For internal business purposes.

We may disclose this type of information to as detailed in in the HOW WE USE INFORMATION Section and HOW WE SHARE INFORMATION Section:
• Service Providers, such as third parties who deliver our communications,
• Third parties we partner with for contests, sweepstakes, or promotions,
• Third party advertising and analytics companies,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

Third party advertising business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale under CCPA under certain circumstances.

Characteristics of protected classifications under California or federal law

We may collect this type of information from:
• Job Applicant

We may use this type of information as detailed in the HOW WE USE INFORMATION Section:
• To consider your job application.

We may disclose this type of information to as detailed in in the HOW WE USE INFORMATION Section and HOW WE SHARE INFORMATION Section:
• Service Providers, such as third parties who deliver our communications,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

Commercial information

We may collect this type of information from:
• Consumer,
• Third Party Service Providers,
• Third Party Business Partners.

We may use this type of information as detailed in the HOW WE USE INFORMATION Section:
• To fulfill your request, process your payment, deliver your orders, communicate with you, and provide customer service,
• To maintain your account,
• If you are a Talent User or SideStage Partner, to establish and manage our relationship and assist with a transaction,
• To use Submissions and Talent Content as set as set forth in the applicable Terms of Service,
• To contact you about administrative matters,
• To conduct and administer sweepstakes, contests, or promotions,
• To understand your preferences and provide improved services,
• To tailor the content and advertising we display on our Site and elsewhere,
• To analyze Site traffic and interaction,
• To create advertising models,
• To consider your job application, and
• For internal business purposes.

We may disclose this type of information to as detailed in in the HOW WE USE INFORMATION Section and HOW WE SHARE INFORMATION Section:
• Service Providers, such as third parties who deliver our communications,
• Third parties we partner with for contests, sweepstakes, or promotions,
• Third party advertising and analytics companies,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

Professional or employment-related information

We may collect this type of information from:
• Job Applicant

We may use this type of information as detailed in the HOW WE USE INFORMATION Section:
• To consider your job application.

We may disclose this type of information to as detailed in in the HOW WE USE INFORMATION Section and HOW WE SHARE INFORMATION Section:
• Service Providers, such as third parties who deliver our communications,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

Internet or other electronic network activity information

We may collect this type of information from:
• Consumer,
• Cookies and Tracking Technologies,
• Third Party Service Providers,
• Third Party Social Media Companies,
• Third Party Business Partners,
• Third Party Data Resellers.

We may use this type of information for:
• To better understand your preferences and provide improved services,
• To tailor the content and advertising we display to you on our Site and elsewhere,
• To compile and analyze statistics about Site traffic and interaction,
• To create advertising models,
• For internal business purposes.

We may disclose this type of information to:
• Service Providers
• Third party advertising and analytics companies,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

Third party advertising business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale under CCPA under certain circumstances.

Inferences drawn from any of the information identified above to create a profile about a consumer

We may collect this type of information from:
• Consumer,
• Cookies and Tracking Technologies,
• Third Party Service Providers,
• Third Party Social Media Companies,
• Third Party Business Partners,
• Third Party Data Resellers.

We may use this type of information for:
• To better understand your preferences and provide improved services,
• To tailor the content and advertising we display to you on our Site and elsewhere,
• To compile and analyze statistics about Site traffic and interaction,
• To create advertising models,
• For internal business purposes.

We may disclose this type of information to:
• Service Providers
• Third party advertising and analytics companies,
• Other third parties (including government agencies) as required by law (such as pursuant to subpoenas or court orders).

2.    Exercising Your California Access, Deletion, And Do-Not-Sell Rights.

You have the right to request that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the specific pieces of Personal Information we have collected about you in the prior 12 months (“Right to Know”) and you have the right to ask us to delete the Personal Information we collect about you (“Right to Delete”), subject to exceptions set forth in the CCPA. California residents also have the right to opt-out from the sale of their Personal Information. These rights are subject to some limitations, such as when we are retaining data to comply with our own legal obligations. You will not be required to create an account with us in order to submit a request. More information on each of these rights is below.

If you would like to authorize an agent to act on your behalf in submitting a request to know, request to delete, or request to opt-out of the sale of your Personal Information, you may do so by following this link and submitting a signed Declaration of Authorized Agent us by email at hello@sidestage.com. Please keep in mind that if we do not receive adequate proof that the agent is authorized to act on your behalf, we may deny the request.

3.    Response Timing.

When you request access to the Personal Information we have collected or deletion of your Personal Information, we will typically provide the requested information within 45 days, and we will notify you within that time period if we need additional time to process your request. When you opt-out from the sale of your Personal Information, we will honor your request as soon as feasible, but no later than 15 days from the date we receive your request.

4.    Right to Know.

A.   Making A Request

If you are a California resident and would like to request the categories and/or specific pieces of Personal Information we have collected about you in the prior 12 months, please contact us by email at hello@sidestage.com, providing your first and last name and stating the nature of your request. You may also call us toll-free at 1-800-232-9021

We will provide the requested information free of charge up to two times in a 12-month period, but please note that where we receive unfounded, excessive, or repetitive requests, we may elect to decline the request. Note also that we will not retain information we do not ordinarily retain in the course of our regular business practices.

B.   Verifying A Request

Please note that we will take steps to verify your identity in order to fulfill your request.

In order to have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to provide the requested information.

5.    Right to Delete.

The CCPA also provides a right to request that we delete personal information we have collected about you and for us to direct service providers to do the same, with certain exceptions as set forth in the CCPA. Note that you may also delete certain Personal Information you have provided to us through your online account.

When processing a request to delete, we may erase some information and we may de-identify some information (when we de-identify information, we implement technical safeguards and business processes that prohibit re-identification, business processes to prevent inadvertent release of de-identified information, and will make no attempt to re-identify the information).

A.   Making A Request

If you are a California resident and would like to request that we delete your information, please contact us by email at hello@sidestage.com and provide your first and last name and state the nature of your request. You may also call us toll-free at 1-800-232-9021

B.   Verifying A Request

To ensure that we do not delete your personal information in response to a fraudulent request, once you submit the request, we will follow up to confirm that you want your information to be deleted. Please note that we will take steps to verify your identity in order to fulfill your request.

If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf) we will not delete the information but we will process the request as a “Do Not Sell” request.

6.    Right to Opt-Out of the Sale of Personal Information.

The CCPA also provides a right to California residents to request to opt-out of the sale of Personal Information. SideStage engages in online advertising practices that may potentially be considered “sales” under the CCPA.

If you are a California resident and would like to opt-out of the sale of Personal Information, please contact us by email at hello@sidestage.com and provide your first and last name and state the nature of your request. You may also call us toll-free at 1-800-232-9021

In addition, as we discuss in the Your Choices section, some of the companies we work with for analytics and advertising purposes are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. For information from NAI about opting out, click here. For information from DAA about opting out, click here, and for information about DAA’s AppChoices application, click here. You may opt-out from interest-based advertising on your mobile device through your mobile device settings.

7.    Users Younger than 16.

SideStage does not knowingly sell Personal Information of minors younger than 16 years of age without affirmative authorization.

8.    Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights.

California consumers have the right to not receive discriminatory treatment for exercising CCPA rights. We will not discriminate against you for exercising your CCPA rights.

Contact for More Information

You can contact us for more information by email at hello@sidestage.com or writing to us at:

saambaa LLC
550 West B Street, 4th Flr
San Diego, CA 92101

(b) Other California Rights/YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83, California residents who provide us personal information have the right to request and obtain from us once each calendar year information about the customer information we shared, if any, with third parties for their own direct marketing purposes during the preceding year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately preceding calendar year.

We do not share our customers’ personal information with unaffiliated third parties for their own direct marketing purposes without your express consent. For inquiries regarding our disclosure policy, please send us an email at hello@sidestage.com, or write to us at: saambaa LLC, c/o SideStage Customer Service, 550 West B Street, 4th Flr, San Diego, CA 92101. You must include the statement “Your California Privacy Rights” in the subject field of the email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly or that do not have complete information.

(c) California Residents Younger than 18 Only

If you have created an account on our Site, you may request that we remove content or information that you have publicly posted by sending us an email at hello@sidestage.com that includes: your mailing address and a detailed description of the content or information. At our option, we may either remove your personal information (but not other content) or remove all the content and information, subject to legal requirements and exceptions.


11. Notice to Nevada Residents

SideStage does not currently sell your covered information as those terms are defined under applicable Nevada law. However, you may still submit an opt-out request and we will honor that request as required by Nevada law if SideStage were to ever engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of future sales of your covered information, please submit your request by email to hello@sidestage.com. Your request must include your full name, username (if any),street address, city, state, zip code, and an email address so that we can contact if needed regarding this request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. SideStage will respond to your request within 60 days either confirming that your request has been processed or indicating that we need an additional 30 days to complete it.

 


12. Contact Us

·       To contact us about this Privacy Policy, you can send an email to us at hello@sidestage.com

·       To contact us about our Site or other matters, you can contact us:

o   hello@SideStage.com or

o   By mail to:

saambaa LLC
c/o SideStage Group
550 West B Street, 4th Flr
San Diego, CA 92101



Additional Questions

If there are any questions regarding this privacy policy, please contact us using the information below.

Email

hello@sidestage.com

Address

saambaa LLC, c/o SideStage Group
550 West B Street, 4th Flr
San Diego, CA 92101


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