Terms and conditions
Effective date: 1st of August 2020
This website is operated by Barkstage Inc. Throughout the site, the terms “we”, “us” and “our” refer to Barkstage offers this website, including all information, services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our website, you agree to be bound by the following terms and conditions. Please read our Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and conditions of service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Barkstage is a touring in-app solution for entertainers to produce their events without talent buyers and without financial risk. The website and application service which allows Users to create a profile, upload their events, create their own packages and share their events other users to pledge in exchange of VIP experience packages and brands pledge in exchange of visibility packages. We refer to users who create and share events as “Creators” and users who pay for VIP experience or visibility packages as “Pledgers”.
Once the packages are sold-out, all the pledgers’ credit cards are billed; and the date and time of the show are revealed on the creators’ social networks and on Barkstage website and application.
Welcome to Barkstage
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Creators based in the European Union will be notified of material changes at least 15 days before they go into effect. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using Barkstage after a change, that means you accept the new terms.
Creating an Account
To create account to sign up on our website you are responsible for your accounts and all the activity on it.
These Terms govern your use of the Website, including any content, functionality, and services offered on or through the Website whether part of Barkstage. By registering with and using Barkstage, you hereby accept and agree to be bound by and abide by these Terms. You can browse Backstage without registering for an account. But to use some of Barkstage’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete.
Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to email@example.com
Any information given on the Website including responses to “frequently answered questions” is not legally binding on BARSKTAGE INC and is informative only and does not form part of the Terms.
Things You Definitely Shouldn’t Do
This section is a list of things you probably should not do, lie, violate laws, abuse people, steal data, hack other people’s computers and so on. Please behave yourself. Do not do this stuff.
We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
- Don’t break the Law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer prohibited items. Don’t offer any experience packages that are illegal, violate any of Barkstage’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t victimise anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Barkstage or another party).
- Don’t abuse other User’ Personal information. When you use Barkstage — and especially if you create a successful event — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Barkstage event: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the site is secure and our system functions properly. So, avoid doing any of these things- ‘’Don’t mess with our system’’ Don’t try to interfere with the proper workings of the Services.
- Don’t bypass all the measures Barkstage have put in place to secure the Services.
- Do not damage or get unauthorized access to system, data, password, or other information, whether it belongs to Barkstage or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of Barkstage in an effort to access things like source code, underlying ideas, or algorithms.
How Events Work
Barkstage provides a funding platform for creative events. When a creator posts an event on Barkstage, they’re inviting other people to form a contract with them. Anyone who backs an event is accepting the creator’s offer and forming that contract.
Barkstage is not a part of this contract—the contract is a direct legal agreement between creators and their backers (Fans). Here are the terms that govern that agreement:
When an event is successfully funded, the creator must complete the event and fulfill each experience package. Once a creator has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the event to life. At the same time, backers must understand that they’re not buying something when they back an event—they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the event as promised.
If a creator is unable to complete their event and fulfill experience packages, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the event to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
- They post an update that explains what work has been done, how funds were used, and what prevents them from finishing the event as planned;
- they work diligently and in good faith to bring the event to the best possible conclusion in a timeframe that’s communicated to backers;
- They are able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the event as promised;
- They’ve been honest, and have made no material misrepresentations in their communication to backers; and
- they offer to return any remaining funds to backers who have not received their experience package (in proportion to the amounts pledged), or else explain how those funds will be used to complete the event in some alternate form.
Whereas, the creator is solely responsible for fulfilling the promises made in their event. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
How Funding Works
This section provides over the details of backing and creating events- things like how money gets collected, whether pledges can be changed or cancelled and how creators can contact backers to provide experience packages.
These are the terms that apply when you’re backing an event:
You’re only charged if the event reaches its fundraising goal. You’ll provide your payment information when you pledge, but you won’t be charged. Your payment will only be collected if, at the time of the event’s funding deadline, the event has reached its fundraising goal. The exact amount you pledged is the amount Barkstage will collect. If the campaign hasn’t reached its fundraising goal, you won’t be charged, no funds will be collected, and no money will change hands.
In some cases, we’ll reserve the charge on your card. Barkstage and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.
You can change or cancel your pledge at any time before the event’s funding deadline (with one exception). You can increase, decrease, or cancel your pledge at any time during the campaign, with one exception. During the last 24 hours of the campaign, you can’t decrease or cancel your pledge without contacting customer support first—if that action would drop the event below its funding goal. Once the event has been funded, you can only cancel or change your pledge by making special arrangements directly with the creator.
The estimated delivery is the creator’s estimate. The month and year listed on each experience package is the creator’s estimate of when they will provide the experience package—not a guarantee to fulfill by that time. The schedule may change as the creator works on the event. We ask creators to think carefully, set an estimated delivery they feel confident they can work toward, and communicate with backers about any changes.
The creator may need to send you questions about your experience package. To deliver experience packages, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the experience package, you’ll need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your experience package and should never request sensitive personal information such as your Social Security number or payment information. Contact us at firstname.lastname@example.org if you receive a request for information that seems inappropriate or excessive.
Barkstage doesn’t offer refunds. Responsibility for finishing an event lies entirely with the event creator. Barkstage doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.
These are the terms that apply when you’re creating an event:
- You can refund individual pledges if you want. After your event has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
- We’ll charge our fees before putting funds in your account. Barkstage and its payment partners will subtract fees before transmitting the proceeds of a campaign.
- Some pledges can’t be collected, which might reduce the amount of funding you get. Because some payments can’t be collected—for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information—we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
- We’ll help resolve payment-card disputes. If a backer of your event disputes the charge with their card issuer, we’ll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your event for the amount of the chargeback.
Prepare for Potential Delays. Don’t assume you’ll be able to launch your event when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.
Stuff We Don’t Do and Aren’t Responsible For
We do not oversee events’ performance, and we do not mediate disputes between users.
Barkstage isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of events, and we don’t endorse any content users submit to the Site. When you use the Services, you release Barkstage from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
We only charge our 15% fee on successfully funded events, in addition to any fees from our payment partners.
Creating an account on Barkstage is free. If you create an event that reaches its funding goal, we collect a 15% fee and our payment partners collect fees. Our partners’ fees may vary slightly on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Barkstage isn’t responsible for its performance.
You’re responsible for paying any additional fees or taxes associated with your use of Barkstage.
If you follow a link to another website, what happens there is between you and them- not us.
Barkstage may contain links to other websites. (For instance, event pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Barkstage partners with other companies (such as Stripe) for payment processing. When you back or create an event, you’re also agreeing to the payment processor’s terms of service.
Your Intellectual Property
We do not own the content you post on Barkstage, but we do have your permission to use or copy it however we need, we generally use it to promote events and showcase our community. Ultimately, you are responsible for the content you post, and you are vouching to us that it’s ok to use.
Barkstage doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit an event for review, or launch an event, you agree to these terms:
- Barkstage can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote events and showcase our community on the website. There are many factors that we take into consideration before featuring an event on the homepage or giving it an events On Fire badge. This includes, but is not limited to, a crisp event image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your event, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. In addition to giving some events an events On Fire badge, we also carefully curate the homepage to highlight great examples of Barkstage events. The events at the very top of the homepage typically are best-of-the-best Events On Fire—based on factors such as creative innovation, honesty, and alignment with Barkstage’s mission and charter—but we also use algorithms to surface popular events, events your friends have backed and launched, and events recommended just for you. We may also recommend events that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, event backings and other interactions, and cookies we have collected during their visits to our website.
- When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
- You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Barkstage all the license rights outlined here).
- Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Barkstage’s hosting of that Content.
- You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Barkstage or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- You are responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.
- We’re not responsible for mistakes in your Content. Barkstage will not be liable for any errors or omissions in any Content.
Barkstage’s Intellectual Property
The content on our website is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use for commercial purposes without our prior consent.
Barkstage’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Backstage only. This license covers both Barkstage’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Barkstage or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright Act. To learn more about how we deal with copyright infringement claims, read our copyright policy.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Barkstage complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
Barkstage Inc Attn: Copyright Agent 24-1000 de La Gauchetière Ouest H3B 4W5 copyright@Barkstage.com
Deleting Your Account
You can delete your account at any time but doing so won’t automatically remove some content you have posted already.
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched an event, deleting your account will not automatically remove the event from the Site.) You can contact us at email@example.com for additional information or to request event page deletion (this is not available in all circumstances).
To operate, we need to be able to maintain control over what happens on our website. So, in this section we reserve the right to make decisions to protect the health and integrity of our system. We do not take these powers lightly, and we only use them when we absolutely have to.
To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, Barkstage reserves these rights:
- We can make changes to the Barkstage Site and Services without notice or liability.
- We have the right to decide who’s eligible to use Barkstage. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines and rules for starting events—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Barkstage in that jurisdiction.
- We have the right to cancel any pledge to any event, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any event at any time and for any reason.
- Barkstage is not liable for any damages as a result of any of these actions.
It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.
BARSKTAGE INC reserves the right at any time and without notice to:
- modify, suspend or terminate Barkstage or any portion thereof;
- restrict, limit, suspend or terminate your access to Barkstage or any portion thereof;
- delete any content you post on Barkstage as a Creator if in Barkstage’s reasonable opinion it does not comply with these Terms and/or any applicable law;
- monitor your use of Barkstage (including any content or event you post on Barkstage) to verify compliance with these Terms and/or any applicable law;
- investigate any suspected or alleged misuse or unlawful use of Barkstage and cooperate with law enforcement agencies in such investigation;
- disclose information about your use of Barkstage in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
- change the Payment Providers. If BARSKTAGE INC does this then BARSKTAGE INC will use its reasonable endeavors to verify the bona fides and good standing of the new Payment Provider and notify the User and applicable details will be uploaded to the User Account.
From time to time, BARSKTAGE INC may restrict access to some parts of the Website, or the entire Website, to Users.
We work hard to provide you with great services, but we can not guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
BARKSTAGE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BARKSTAGE SHALL CREATE ANY WARRANTY.
If you do something on Barkstage that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Barkstage. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Limitation of Liability
If something bad happens as a result of your using our website, we are not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Barkstage, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Barkstage’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Dispute Resolution and Governing Law
All the disputes regarding these terms and conditions shall be governed by and in accordance with the Laws of Canada.
We at Barkstage encourage you to contact us if you’re having an issue before resorting to the courts. Our Barkstage support team is on hand and ready to answer your questions. You can visit our Help Center to find articles with information that may resolve your issue. If you still have questions, you can Contact us in the Help Center or email firstname.lastname@example.org so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.
If you’re a creator based in the European Union and, after contacting us through those channels, you still don’t feel as if your issue has been resolved, we may agree with you to engage in mediation to resolve any complaints in good faith. You may address your complaint with one of these two mediation organizations:
In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Province of Quebec and the Canada, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Barkstage and its Services are deemed a passive website that does not give rise to jurisdiction over Barkstage or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Province of Québec. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Barkstage, shall be filed only in the state or federal courts located in Montreal city in the Province of Quebec, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These are our official terms and our rules for how things work. You can verify any conflicting or confusing information you see elsewhere by referencing what we have explained on this page.
These Terms and the other material referenced in them are the entire agreement between you and Barkstage with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Barkstage with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Barkstage to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Barkstage’s prior written consent. Barkstage has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Barkstage will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
Failure by you or us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
We shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, blockade, war, act of terrorism, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
These updated terms went into effect on November 10, 2020 at 12 am Eastern Time and apply to all events launched on Barkstage on or after that date.