Terms & Conditions

Pirate Studios Terms & Conditions.

Last Updated: Mon Oct 29 2018 16:39:19 GMT+0000

Pirate Studios GmbH

Statement

Please take your time to read the following Terms that shall provide the legal framework for using our Services.

You accept and agree to be bound by the terms, conditions and provision of this agreement. In addition, when using these particular services, you shall be subject to any guidelines or rules applicable to them if we have given you reasonable prior notice and opportunity to read them. 

If you do not agree to abide by the full statement above, please do not use our website or Service.

  1. Introduction

These Terms and Conditions contain words which have been given specific meanings. Some of these defined terms are listed below:

  1. “Pirate Studios” refers to Pirate Studios GmbH;
  2. “Site” refers to the website of www.piratestudios.co.uk/de;
  3. “User” means any person who uses our Services;
  4. “Service” means one of Pirate Studios offered services to Users, such as room rental, video content service and/or online experience service;
  5. “Rooms” will refer to Rehearsal, DJ, Production or Pre-Production studios;
  6. “Terms” refers to the Terms and Conditions;
  7. “Booking” means the reservation and use of the Pirate Studios premises (or part thereof) by a User;
  8. These Terms and conditions apply to use of the website www.piratestudios.co.uk/de (the “Site”) by Users. These Terms set out how the Site works and describe any associated rights and responsibilities. Any instructions, guidance and similar information found on the Site also applies to how you use the Site and form a part of these Terms. These Terms form a legal agreement between you and Pirate Studios GmbH.
  9. These Terms only apply in Germany and are non-transferrable to other countries, inside or outside of the EU.
  10. The Site allows you to view, select and reserve a variety of Rooms classed as:
    a) Classic, Premium, Pirate
    b) DJ
    c) Production
    d) Pre-Production.
  11. If you have any problems, questions or queries, please email us at hilfe@piratestudios.co.uk or by using the ‘Contact Us’ function on the Site.  Pirate Studios also provides a contact telephone number (+49 322 2109 5361) which is available 24 hours a day, 7 days a week.
  12. Sections within the Site may contain content derived from the Rooms, and Pirate Studios will obligate with all reasonable endeavours to ensure this content is a true reflection of the Rooms. In some cases this content, which may include images or text descriptions, may alter slightly than presented on the Site.

2. About the Site and Digital Verification

2.1 You may only apply to register as a User:

a) if you are at least 18 years old or over or,

b) if you are 16 or 17 years of age and if your parents / legal guardians approve that you are permitted to use our Services.

2.2 Pirate Studios uses the online digital verification platform provided by onFido (www.onfido.com) to conduct User identity checks, using 256 bit encryption in the data transmission process.

2.3 To register as a User for Pirate Studios DJ and Production Rooms, you will need to provide, before your first booking in either of these Rooms, either a clear photograph or scan of your passport (signature and data page only), your driving license (front and back) or any other recognised national ID card as proof of identity. You will also need to provide a selfie photograph within the same verification process through the onFido platform.

2.4 User identification and the digital verification footprint, comprising of your document ID and selfie photograph are deleted from the onFido secure servers without undue delay.

2.5 You are not required to provide verification as detailed above to use Classic, Premium, Pirate or Pre-Production Rooms.

2.6 It is prohibited to use another person’s identification in any form in the attempt to verify your own account.

2.7 You will be unable to attend a Booking you created as a User within our DJ and Production Rooms unless you are verified.

3. Registration, Account and Password

3.1 By using the Site you confirm that you are not acting for the benefit of any other person.

3.2 To register as a User, you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address for your Site account (“Account”).

3.3 The Username and Password will be allocated to you if you successfully apply to become a User. We reserve the right to decide whether we accept your request to become a User. You may need your Username and Password to access some parts of the Site.

3.4 Your Username and Password are personal to you and must not be disclosed to any other person. Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you believe that any other person knows your Password, or that your Account has been used by any other person, please inform us immediately.

3.5 You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. This includes using your given name, excluding only by, and by expressly written consent from Pirate Studios, a stage name that you are known by for the purpose of fulfilling work or entertainment. You can amend your registration details at any time through the Site.

3.6 We assume that any use of your Account is made by you. You are responsible and liable in accordance with these Terms for any use of the Site under your Account or any other use of your Username and Password, if the account has been accessed due to a breach of Section 3.4 and due to your negligence or behaviour on purpose.

3.7 You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us so we are able to provide a replacement password. Holding more than one account is prohibited and any studio time gained through these accounts and subsequent promotional codes, may be charged by to your account.

3.8 If you do not log into your Account for 12 months, we may terminate the Account.

4. Restrictions and Obligations

You agree not to:

a) impersonate any other person or entity;

b) falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);

c) falsely describe your affiliation with another person or entity;

d) use or attempt to use another’s account;

e) solicit personal information (including passwords and banking information) from another person;

f) attempt to use another person’s legal documentation in the pursuance of creating a new account through our digital verification process.

4.1 You acknowledge, agree and undertake:

a) that any breach of Section 4 and its sub Sections may trigger the enforcement and penalties as listed in Section 15;

b) that you are responsible for the safety and behaviour of all individuals who accompany you to the premises of Pirate Studios as part of a Booking and you shall not permit unknown members of the public to access the premises, including the Room in which you have a Booking;

c) not to damage any equipment or other property made available at or by Pirate Studios, and to compensate Pirate Studios for any such damage in accordance with these Terms and with the law. This includes, but is not limited to equipment in communal corridors, spares cupboards, kitchens, toilets or in external communal areas such as car parks, and car park entry/exit gate systems;

d) not to plan or conduct any parties or gatherings in any Room. Parties are defined when there are over three (3) additional people in the Room that are not connected to the use of the equipment, such as playing of musical instruments;

e) to clear all of your own equipment, all refuse or other materials brought by you into a Room before leaving premises in the bins provided, and to strictly refrain from smoking or vaping in Pirate Studios premises;

f) to ensure that you and all such persons in your Room or group are aware of all applicable fire evacuation procedures and all fire and other safety rules available and displayed in the Pirate Studios premises;

g) to ensure that you and all such persons shall keep secret any entry codes provided to enable you to access the premises of Pirate Studios, and to inform us immediately if such entry codes are disclosed to any other person;

h) to vacate the premises of a Studio by the end of the time allotted to your Booking, in which failing that, Pirate Studios may charge you for any additional time at their standard rates. Pirate Studios remain free to claim further damages;

i) to immediately report to us any damaged or missing equipment found by you on the premises of Pirate Studios either through the Site, by email, live chat or telephone. If you fail to do so, we reserve the right to claim damages in accordance with these Terms;

j) that you are responsible for any equipment you bring onto Studio premises and that it is fit for use and compatible with the Room equipment provided as part of the Booking;

k) on bringing into the Studio such equipment, you agree that it is of electrical worthiness and does not pose a risk to the operation and welfare of the equipment, lighting, power or other amenities provided by Pirate Studios, as part of your Booking;

l) not to bring any dangerous or unlawful equipment, substances or materials onto Pirate Studios premises, which includes but is not limited to illegal or controlled substances as defined in the Betäubungsmittelgesetz, nitrous oxide, knives, guns or any other implement which would instigate fear or harassment;

m) you adhere to all car parking regulations and notices displayed, whether provided by the local authority, Pirate Studios, and to the extent of accepting this definition, indemnify Pirate Studios to any loss or damage incurred to your vehicle/s or your property.

4.2 We may also suspend or terminate access to your Account or the Site or cancel a Booking if you breach any of these terms included in Section 4.

5. Reservations, Cancellations and Refunds

5.1. If you choose to make a Booking, you do so at your own discretion. When Pirate Studios accepts the Booking, you will be entering a contract with Pirate Studios and the Booking will be confirmed by email.

5.2. If you encounter any difficulties in making your Booking, please contact Pirate Studios via email, live chat or telephone for assistance and where possible and with all reasonable endeavours, Pirate Studios will provide rectification.

5.3. Pirate Studios may cancel a Booking in case of force majeure, which may include, but is not limited to fire, flood, lightning, explosion, strikes, a prolonged shortage of energy supplies, and any acts of governmental action prohibiting or impeding the fulfilment of the Booking.

5.4. Where a Booking is cancelled in accordance with Section 5, Pirate Studios will refund the monies back to your payment card at request, or back as credit into your Pirate Studios User account as standard practice.

5.5. If you cancel your Booking more than 12 hours before the Booking is due to commence, we will reimburse you the whole of your payment as Pirate Studios credit in your Pirate Studios User account. If you require the cancellation credit returned to your payment card, please email us at hilfe@piratestudios.co.uk.

5.6. If you wish to cancel 12 hours or less before any Booking, you may apply for a review of the refund request by emailing hilfe@piratestudios.co.uk with your Booking details.

5.7. Pirate Studios reserves the right to make any changes to a Booking which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of that Booking, in which case the Pirate Studios shall use all reasonable endeavours to promptly notify you of any such changes and you may cancel the booking to obtain a refund as set out above.

6. Video Content Services/ Facebook Live

6.1. You agree to bear the responsibility for all data, particularly audio and video data, you upload or transfer via Pirate Studios Services or Facebook Live. You shall not violate rights of third parties or break or transgress any laws. You shall not contribute to or support unlawful or offensive actions.

6.2. You shall comply with applicable terms and conditions of third parties, in particular – if applicable – Facebook Terms and Conditions of Use, that apply with regard to the usage of Pirate Studio’s Video Content Services .

7. IP

7.1 Users grant to Pirate Studios a royalty-free, non-exclusive, worldwide right to use and exploit any audio or video content as well other User content, in particular User’s acts or performances in the Room, that is uploaded via the User account or submitted in other ways by the User to Pirate Studios to the extent required by Pirate Studios for the performance of the Services.

User shall procure that all persons acting or performing in the Room that is booked by the User grant to Pirate Studios a royalty-free, non-exclusive, worldwide right to use and exploit their acts or performances in the Room to the extent required by Pirate Studios for the performance of the Services.

7.2 Users grant Pirate Studios a royalty-free, non-exclusive, worldwide right to use and exploit User content via Facebook, Instagram, Twitter, website marketing and through email communications with other Users.

8. The Relationship between You and Pirate Studios

8.1. Bookings may be offered subject to additional terms requested by Pirate Studios, such as the use of Pre-production Rooms for private gatherings or such events as music release launches.

8.2. These additional terms may include but are not limited to providing adequate private liability insurance and event security, such as security guards.

9. Provision of Information

9.1 In some cases, Pirate Studios may ask you to provide specific information. Pirate Studios will request this information from you directly and you will promptly provide any information that we reasonably request in order to properly provide the Booking.

10. Disputes

10.1 If you have any dispute with Pirate Studios, please contact Pirate Studios directly through email, phone or live chat;

10.2 If you have any dispute with another Pirate Studios User, we will mediate where possible and arbitrate in the pursuance of rectification for all parties;

10.3 Pirate Studios will not participate in a dispute settlement procedure before a consumer arbitration board as laid out in the German Consumers’ Dispute Settlement Act (VSBG) and is not obligated to do so;

10.4 The European Commission provides a platform for an out-of-court Online Dispute Resolution, which is available here: www.ec.europa.eu/consumers/odr. We are neither obligated or prepared to participate in this dispute settlement procedure.


11. Cancellation Rights

11.1. As a User (a person who effects an order for a purpose which can be attributed to neither their commercial or independent employment activity), you are entitled to cancellation according to statutory provisions.

11.2. The right to cancellation law does not apply to distance contracts for service delivery in the accommodation section for other purposes than residential, freight transport, vehicle rental, food and drink delivery as well as the delivery of further services in association with recreational activities, if the contract for the delivery of service stipulates a specific appointment or time period. This is the case in the renting of studio space. Im Übrigen gelten für das Widerrufsrecht die Regelungen, die im Einzelnen wiedergegeben sind in der folgenden
.

- Cancellation Policy -

Right of Cancellation

You have the right to cancel this contract without giving reasons within fourteen days.

The cancellation period amounts to fourteen days from the day of the contract completion date.

In order to exercise your right to cancel, you (name, address, phone number, email address) must inform us through a clear declaration (e.g. a letter delivered by post or email) of your decision to cancel this contract.

To safeguard the cancellation period, it is sufficient that you send the cancellation notice before the end of the cancellation period.

Consequences of Cancellation

If you terminate a contract, we have to repay all of your payments that we have received, including delivery costs (not including additional costs incurred by you choosing a different delivery method to that offered by us, namely the cheapest standard delivery) promptly and within fourteen days of the date which the cancellation notice for this contract was delivered to us. For this repayment we will use the same payment method that you used for the original transaction, unless a different arrangement is explicitly agreed between us, in no case will fees be charged to you upon repayment.

- End of Cancellation Policy -

12. Liability

12.1. Pirate Studios is liable for the services free of charge (in particular Video Content Services and usage of the website) under statutory provisions;

12.2. Otherwise, Pirate Studios is liable for wilful misconduct and gross negligence as well as for injury to life, body or health without limitations.

12.3. In cases of ordinary negligence, Pirate Studios is liable for violations of fundamental contractual obligations. A fundamental contractual obligation as per this Section means an obligation whose fulfilment is essential to perform the contract and on whose fulfilment the contract partner may therefore regularly rely on.

12.4. Liability as per Section 11 is limited to the damage typical and foreseeable at the time of conclusion of the contract.

12.5. The limitations of liability apply in favour of the employees, commissioned parties and agents of Pirate Studios accordingly.

12.6. Any liability of Pirate Studios with regard to explicitly defined guarantees as well as claims based on the product liability act remains unaffected;

12.7. Otherwise, Pirate Studios is relieved of all liability.

13. Indemnification

13.1. You release Pirate Studios from all claims, including claims for damages, raised by other users or other third parties, including public authorities vis-à-vis Pirate Studios based on a violation of their rights due to content uploaded by the user in connection with services offered by Pirate Studios, in particular in connection with Video Content Services as per Section 6. You shall assume all appropriate costs, including those for appropriate costs incurred in course of legal representation, that arise for Pirate Studios due to your violation of other Users‘ or third parties‘ rights. All further rights as well as damages claims of Pirate Studios remain unaffected. You still have the right to prove that the costs borne by Pirate Studios have actually been lower.

13.2. The afore-mentioned obligations only apply insofar you are responsible for the respective violation, i.e. insofar you have knowingly or wilfully broken any law or neglected due diligence.

14. Breach, Suspension and Termination

14.1 Without limiting any other rights we have, we may suspend or terminate access to your User account or the Site if you breach any of these terms and conditions;

If we have grounds to suspect that you are using the Site fraudulently or improperly, we may suspend your User account until you are able to demonstrate to our satisfaction:

a) your identity; and/or

b) that no fraud or impropriety has occurred or been attempted.

14.2 We will give you notice of any anticipated termination of your User account.

14.3 If you become aware of or suspect another User’s breach of these Terms and Conditions, or any fraud or impropriety by another user, contact us immediately.

15. Communications and Content

15.1. The reviews and ratings expressed in any User content are for information purposes and do not constitute advice from us or reflect our views.

15.2. You accept that we have no control over the User content as we do not moderate it. However, if you alert us to inflammatory, erroneous or salacious User content we may in our absolute discretion remove it from the Site. Although we are not obliged to do so, we may remove or reject any User Content.

15.3. You may send Your Content to other Users of the Site, and other Users of the Site may send User Content to you.

15.4. You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information which you intend to keep confidential or private.

15.5. By making available, posting or transmitting Your Content to the Site, you are granting us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, perpetual worldwide licence to use and exploit Your Content for any purpose.

15.6. You agree that you are entitled to make available, post or transmit Your Content to the Site.

You will not make available, post or transmit to the Site any statement, material or other content, nor use the Site in any way that:

a) is unlawful or may give rise to civil or criminal liability;

b) infringes any copyright or other intellectual property right of any third party;

c) infringes any third party’s rights of privacy or rights of publicity;

d) includes any computer virus or other malicious software;

e) promotes hateful conduct or is any content or activity that promotes, encourages, or facilitates discrimination, denigration, objectification, harassment, or violence based on race, ethnicity, origin, religion, sex, gender, gender identity, sexual orientation, age, disability, medical condition, physical characteristics and is strictly prohibited.

Any hateful conduct is considered a zero-tolerance violation and your Pirate Studios account associated with such conduct will be indefinitely suspended;

f) falls below the standard of good behaviour that includes, but is not limited to: suicide threats, intentional physical trauma, use of illegal drugs, and drinking excessively whilst live streaming, performing, rehearsing or recording in the Rooms. Any breach of this rule, may result in a permanent suspension of your Pirate Studios User account;

g) harasses any other person (including Pirate Studios and their employees);

h) interferes with another User’s use and enjoyment of the Site or Room;

i) impersonates any moderator, administrator or any staff or any other person connected with Pirate Studios;

j) contains the confidential information of any other person;

k) solicits passwords or personal information;

l) contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor’s legal guardian);

m) exploits any other person or encourages or provokes any other person to do any of the acts listed above.

15.7 If you discover any material which you believe contravenes these terms and conditions, please inform us immediately.

15.8 The Site provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Site, such as your telephone number.

15.9 Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue confirmation to you.

15.10 All emails (or other messages) we send are intended for the addressee only.

16. Fines / Vertragsstrafe

16.1. These fines are applicable and enforceable in any case where there has been a breach of Section 4 and any sub-Sections thereof.

16.2. User agrees that Pirate Studios will impose the following fines upon to a User's Account and the most recent payment method of:

  • a) €50 for smoking or vaping anywhere inside the Studio or Site, excluding external smoking areas;
  • b) €115 for activation of the fire alarm through smoking, vaping or use of smoke machines;
  • c) €230 thereof, for excessive mess in any Studio or any communal area connected to a User and their Booking;
  • d) €230 thereof, for drug use which includes but is not limited to illegal or controlled substances as defined in Betäubungsmittelgesetz;
  • e) €50 for conducting a party and breaching the terms detailed in Section 4.11;
  • f) €50 thereof, for damage to equipment when being used against its normal operation and causing a malfunction.

16.3 Pirate Studios remain free to claim damages, in particular to claim costs of replacement equipment should the equipment be damaged when being used against its means, or is forced against any reasonable operation for the purpose it is intended for.

17. General Terms and Conditions

17.1. Some features and services of the Site and Rooms may be subject to additional terms. We will draw these terms to your attention before you use those features or services;

17.2. These Terms, together with any instructions, guidance and similar information found on the Site, constitute the entire agreement between you and Pirate Studios relating to your use and trading through the Site, to the exclusion of any other terms for except individual agreements.

17.3. The Terms are governed by the laws of Germany under exclusion of UN sales law.

17.4. Should an individual clause be deemed invalid or in conflict with legal regulations, this will not affect the validity of these Terms and Conditions as a whole. Any invalid/conflicting provision will be replaced with consent of the affected parties, by such a clause which fulfils both the commercial purpose of the original clause and legal requirements. The aforementioned provision will stand in case of gaps in regulation.

Our registered office address is:

Pirate Studios GmbH

4th Floor

Gontardstraße 11

10178

Berlin

Registered company number HRB 188426 B

Email: hilfe@piratestudios.co.uk

Customer Support: +49 (0) 322 2109 5361

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