1.1 These General Terms and Conditions ("GTC") apply to all services offered by the online portal www.thesubscene.com ("TheSubscene" or "Portal"). By registering on the Portal, the User agrees to these GTC. Differing arrangements apply only if they have been agreed in writing. This also applies to any waiver of the written-form requirement.
1.2 The owner and operator of the Portal, as well as the User's contracting party, is Subscene GmbH ("TheSubscene" or "Portal"), company register no. FN 591256w, Glockenblumengasse 1, 1220 Vienna, Austria, VAT ID: ATU78739117, email: office@thesubscene.com
1.3 Personal designations refer equally to women, men and non-binary persons.
1.4 The Portal provides an infrastructure that makes it easier for music Acts ("Act" or "Band") from the independent scene to ultimately present their own music live on stage and to connect with other Acts to form a potential line-up. The planned expansion of the platform is intended to enable fast, unbureaucratic networking with potential venues.
1.5 The "User" and contracting party of the Portal is, in case of doubt, the person in whose name registration on the Portal takes place. The Portal offers its services exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB). The Portal is entitled to terminate at any time should it turn out that the User does not meet this requirement.
1.6 Reservation of change: The Portal reserves the right to change these GTC at any time and without giving reasons. The amended GTC, including an indication of the respective change, will be sent to the User by email no later than six weeks before the change is scheduled to take effect. The User has the option to object to the changes, which results in termination of the contract. If the User does not make use of this right of objection, the new GTC come into force. The Portal will also point out these consequences separately in the announcement of the planned change.
1.7 Charges / free of charge: The Portal reserves the right to offer individual services (including existing ones) at a later point in time only for a fee. The User will be informed precisely about this in advance and must expressly agree to the payment beforehand before it is deemed to have been validly agreed.
2.1 "Act" or "Band": The group of individual persons who together form a music Act of the independent scene. Part of registering an Act is also providing and verifying an Act email address.
2.2 "User": A person who has created a User profile and represents or belongs to an Act. The User profile is a non-public profile that is visible only to members of the Portal. Users must be at least 18 years old. If it turns out at a later point in time that the User has not reached the minimum age, the Portal is entitled to delete the account at any time.
Registering an Act requires a User assigned to the Act. Users connected to the Act who are not Admin Users can see all information assigned to the Act, but can neither make changes to the Act profile nor act on behalf of the Act.
To connect with an Act, a User must specify one or more roles ("User role") that best correspond to their function within the Act. There are currently three different User roles. The Portal is entitled to adjust the distribution of roles. An Act's User roles are displayed in the non-public area of the Portal and are therefore visible only to other registered Users.
"Performing Artist": This role is intended for musicians who actively perform on stage as part of the Act.
"Booking": This role is taken on by a person responsible for booking performances and event planning for the Act.
"Management": A person in this role takes care of the Act's career in general.
Users can specify different User roles, both across different Acts and within a single Act. It is possible for several Users to hold the same role within an Act.
Users are obliged to state whether they are current or former members of the Act. Registering the Act on the Portal is reserved exclusively for current members.
After successful verification of the User email address, a User can connect with an Act. Users can connect with any number of Acts; the prerequisite, however, is that they were part of these Acts in the past or currently are. The connection to the Act is established by a User entering the name of the Act they wish to connect with. If one or more Acts are already registered on the Portal under the name entered, these are displayed. If the Act being searched for already exists, the User has the option to submit a request to be connected to this Act after confirmation by the respective Admin User. If the Act being searched for does not yet exist, a User can create the Act in order to connect with it.
2.3 "Admin User": A User responsible for the administration of an Act. Only as an Admin User is it possible to make changes to the Act's profile and carry out activities on behalf of the Act. This also includes assigning other Users to the Act, whether by confirming join requests or by sending invitations to join. The Portal is entitled to change the number of possible Admin Users. The Admin User function can be transferred to any connected User. To transfer the Admin User role, the existing Admin User sends a request to a User connected to their Act, who must confirm this request.
2.4 "Electronic Press Kit" or "EPK": An Act profile includes a public area that is generally accessible via a specific link and functions as an Electronic Press Kit (EPK). The EPK provides a compact overview of the essential information about the Act in order to give a first impression.
2.5 "Stage Greetings": Feedback from other Acts about the Act, visible in the Act's public area. Stage Greetings can be removed by the Act at any time at its own discretion.
2.6 Acts can add links to a "tech rider" or to high-resolution promo photos (e.g. Google Drive, Nextcloud, etc.). These are visible only to venues in the context of a gig request. A tech rider (short for "technical rider") is a document that specifies the technical requirements and needs of an Act for a live performance. The tech rider serves to ensure that all technical prerequisites for an optimal performance are met.
2.7 Acts have the option of adding Acts they find interesting to their "Act Radar" in order to follow their activities. This individually compiled list can be viewed in the Act's non-public area. The number of times an Act has been added to a radar is visible in the non-public area. In the dashboard, the Act Radar appears in two forms: as a list and as an activity feed. When an Act adds another to its Act Radar, the added Act is not only shown in the list but its activities are also shown in the activity feed of the adding Act. Adding an Act to the Act Radar already counts as an activity and is displayed, including links to both participating Act profiles, in the feed of all Acts that have both the adding and the added Act on their radar.
2.8 When two Acts add each other to their radar, they become "GigMates". This designation stands for Acts that are ideally suited for joint concerts, since they have already evaluated one another and rated each other positively. The list and number of an Act's GigMates is likewise made visible in the Act's non-public area. A newly formed GigMate relationship is shown as an activity in the Act Radar feed. Both the Act Radar and the GigMate relationships feed into improving the Portal's Act recommendations.
2.9 Acts have the option of creating "Gig Pitches" through which they can formulate and realize their concert plans. Gig Pitches are displayed in the dashboard as a recommendation ("Gig Pitch recommendation").
2.10 When one or more Acts are needed at short notice, there is the option of creating an "Emergency Gig Pitch". In the scheduler, this has a time frame of up to two months from the creation date.
2.11 The Admin Act can send the Gig Pitch by means of a personal message to the venues selected by the Admin Act ("gig request"). A venue to which a gig request has been directed remains fixed in the navigator for a certain period and cannot be changed. If the Gig Pitch receives negative feedback or no response at all from the venue within this period, there is the option to swap this venue for another. A venue receives the gig request as an email from the Portal with the Act email addresses in copy.
2.12 Users and Acts have the option of sending each other private messages via the Portal's messaging function. The general rules of conduct also apply here, in particular those of point 3.3 and the associated consequences in the event of a violation.
2.13 "Admin Act": An Act that creates a Gig Pitch becomes its administrator. This Admin Act is responsible for managing the Gig Pitch, whereby the Admin User of this Act — regardless of the number of Acts in the Gig Pitch — acts as the primary contact person towards the venue. The administrator role within a Gig Pitch can be transferred to other Acts, provided they have joined the Gig Pitch. To transfer the Admin Act role, the existing Admin Act sends a request to an Act in the Gig Pitch. This Act must confirm the transfer in order to become the new Admin Act.
2.14 Every Gig Pitch has a "line-up" that represents the Acts wishing to perform together on a concert evening. The line-up is platform information and visible to all members of the Portal. Any active membership in a Gig Pitch results in the Gig Pitch becoming visible in the non-public part of the Act profile. The Admin Act determines, by setting the number of slots, how many additional Acts — besides itself — are being sought. The Portal is entitled to generally limit the maximum number of slots per Gig Pitch on the Portal. The Admin Act is always a fixed part of the line-up. The Admin Act decides for each slot which Acts may join. These Acts are shown the Gig Pitch in the Gig Pitch recommendation. If all Acts leave the Gig Pitch, the Gig Pitch is automatically deleted by the Portal.
2.15 A Gig Pitch has a "message board" where messages can be written. The message board is intended to help discuss details and better coordinate the concert plan. Messages can be read and written by all Users whose Acts have joined the Gig Pitch.
2.16 With the "scheduler", possible concert dates can be determined within a Gig Pitch. The possible time frame for the scheduler is set generally by the Portal.
2.17 "Venues": The Portal offers a listing of potential venues. The listing makes no claim to completeness, timeliness or accuracy. The Portal has no legal connection to the venues. Any cooperations, paid advertisements, etc. are marked separately. The Portal is not responsible for messages sent by Users of the Portal to the venues.
3.1 The User is responsible for all actions carried out in the course of using their login account and the profiles they have created. The User is obliged to provide truthful and complete information, in particular with regard to identity and age.
3.2 The User is obliged to keep their access credentials secret. As soon as the User becomes aware that unauthorized third parties have or had access to their access credentials, they are obliged to inform the Portal of this in writing without delay. The same applies to any other improper use.
3.3 In the course of using the Portal, the User may not carry out any unlawful actions, in particular may not store, publish or transmit any content that infringes the rights of third parties or is otherwise inappropriate. Statements and actions that glorify violence or are racist, discriminatory, insulting, threatening, obscene, harmful to minors, sexist or otherwise unlawful and unacceptable are prohibited and entitle the Portal to block the respective account. The same applies in the case of impermissible advertising for third parties.
3.4 Acts must have the conduct of the Users assigned to them attributed to them. Should responsibility within the Act not be unambiguously attributable, the Admin User is liable for the Act's violations towards the Portal.
3.5 The User guarantees that they hold the corresponding rights to any content uploaded by them or otherwise made publicly accessible via the Portal, and that they do not infringe any rights of third parties.
3.6 Depending on the circumstances, the User may be given the opportunity to justify themselves before the Portal takes concrete steps. If the User does not make use of this opportunity within a reasonable period, the Portal is entitled to decide on the further course of action on the basis of the available information, in case of doubt to the detriment of the User or Act.
3.7 The Portal reserves the right to block individual Users and/or Acts, or to refuse their registration, should unlawful actions be demonstrably attributable to them. The same applies to venues.
3.8 If there are disputes between Users (e.g. about the legitimacy of an Act's assignment), the Portal is entitled to block the respective Users as well as — if appropriate — the Act until a final resolution has been submitted. The Portal is not obliged to act as a dispute-resolution platform between Act members and/or Users or to decide on their internal disputes.
3.9 The User is liable for any damage caused to the Portal in the event of misuse of their account, provided the misuse is attributable to at least slightly negligent conduct on the part of the User.
4.1 The User guarantees that they hold the corresponding rights to any content uploaded by them or otherwise made publicly accessible via the Portal, and that they do not infringe any rights of third parties.
4.2 The User indemnifies the Portal against all claims and demands asserted by third parties or other Users in connection with or on the basis of content that the respective User, or the Act attributable to them, stores, publishes and/or transmits within the Portal. The same applies in the event of a violation of these GTC.
5.1 The Portal is liable to the User or the Act attributable to them only for damage caused by gross negligence or intent. Only in the case of injury to life and limb is slight negligence already sufficient for liability. Any claims of the User or their Act lapse within six months of becoming aware of the damage and the party causing it, but in any case within one year.
5.2 The Portal is not liable for indirect damage, lost profit, loss of interest, failure to make savings, consequential and financial losses, or damage arising from third-party claims. This applies in particular also in the event of loss of data on the Portal.
5.3 The Portal does not warrant any specific success or specific business opportunities. Any statements in brochures, flyers, etc. do not constitute written guarantees.
5.4 If the Portal offers, for example, records or summaries of gigs agreed via the Portal between Acts and venues, the parties involved (in particular Acts and venues) are obliged to check the relevant information promptly and carefully for completeness and correctness in order to detect any transmission errors at an early stage. The limitation of liability under point 5.1 remains unaffected.
5.5 The Portal endeavors to be available in full at all times, but cannot guarantee uninterrupted availability. Maintenance work, security or capacity concerns, as well as events outside the Portal's control (such as power outages) may lead to short-term disruptions.
6.1 By uploading and posting content, the User grants the Portal the non-exclusive, geographically and temporally unlimited (but revocable at any time) right to use the content; the right is limited in content to use for the purpose of provision on the Portal. The grant of rights includes in particular the right to store, to make publicly accessible, and to adapt with regard to format, technical processing and transmission, configuration and display of the content on end devices (e.g. desktop, tablet, mobile phone) and the associated editing. This also includes the right to generate short text excerpts from the uploaded content ("samples"), as well as reduced-size images ("thumbnails") and copies of microsites ("screenshots"), and to make these publicly accessible on the Portal as well as on other third-party websites.
6.2 The User, together with the Act assigned to them, agrees to carry out transmissions across various networks and/or technical modifications to the extent necessary in order to meet the technical requirements of connected networks or other technical facilities, as well as to make content findable in search engines.
6.3 If an Act or User expressly marks individual content uploaded by them (e.g. images or texts) with the designation "press images" or a similar unmistakable term, or if it is a profile picture in the Act profile, they grant other Users of this platform the non-exclusive, geographically and temporally unlimited (but revocable at any time) right to use the content, otherwise limited in content to use for the purpose of marketing an event. This includes in particular the storage, reproduction and public accessibility of the content.
6.4 The Portal does not become the owner of the content uploaded, published or otherwise transmitted by the User on the Portal. The Portal does not carry out any automatic editorial control and therefore assumes no warranty for the accuracy, timeliness, completeness or other quality of the content provided by the Users. Insofar as the Portal learns of inaccuracies or grievances through an external notice or other — non-mandatory — control measures, the Portal will take the appropriate and reasonable steps. Where appropriate, the Portal may in this context also block or delete individual contributions or Users, including entire Acts.
6.5 The Portal will respond to notices regarding any misuse or legal violation (e.g. copyright) within a reasonable period, but in any case within any period prescribed by law.
6.6 In the case of allegations against non-Admin Users or Acts, the Portal will in any case also inform the Admin User of the Act.
6.7 The Portal contains links to external websites. The Portal has no influence on the content of the websites linked in this way. The respective provider or operator is responsible for the content of the linked page. Upon becoming aware of unlawful or otherwise impermissible content on a linked website, the Portal will delete these links promptly after a reasonable preliminary review.
6.8 All rights to the Portal and any industrial property rights of TheSubscene, in particular trademark, copyright, ancillary copyright and license rights, belong exclusively to TheSubscene. Any use of these rights for commercial purposes (e.g. in advertising) requires prior written consent.
7.1 The usage contract runs for an indefinite period from the User's registration.
7.2 The User has the right at any time to delete their account and thereby end the usage contract. The Admin User has the same right with regard to the Act profile.
7.3 The Portal has the right to end the possibility of using the Portal without giving reasons by written notice (email), observing a period of 4 weeks. This does not affect the Portal's rights in the event of a violation by the User or an Act against the GTC or in the case of otherwise improper use.
8.1 Austrian substantive law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
8.2 The court with subject-matter jurisdiction at the Portal's registered office is competent to decide all disputes arising from this contract. However, the Portal reserves the right to also sue at the User's general place of jurisdiction.
8.3 Should a provision of these GTC be or become wholly or partially legally invalid or unenforceable, this does not affect the legal validity of all other business provisions. The contracting parties will replace the legally invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible in content and purpose.