PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

A. What's in these terms?

These terms tell you the rules for using our website: www.lounges.tv(our/the site).

B. Who we are and how to contact us

www.lounges.tv is a site operated by Lounges.TV Limited (LOUNGES, we, us, or our ). We are registered in England and Wales under company number 12950479 and have our registered office at c/o JD Bregman & Co Ltd, First Floor, Spitalfields House, Stirling Way, Borehamwood, Hertfordshire, WD6 2FX We are registered as a data controller at the Information Commissioner's Office (ICO) with registration number ZB341153.

We are an entertainment platform where anyone with talent can host pay per view live streams. We act as a disclosed agent on behalf of creatives(Creatives) wishing to live stream an event from their virtual lounge (Lounge) to consumers who wish to view the Creative’s stream in their Lounge(Viewers). These terms apply to Creatives, Viewers and any other users of this site (individually and collectively you, your).

To contact us, please email info@lounges.tv .

C. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

D. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy. See further under How we may use your personal information.
• Our Cookie Policy, which sets out information about the cookies on our site.
• Please also refer to our FAQ's for specific questions regarding the Lounges site.

E. We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1 July 2022.

F. We may make changes to our site

We may update and change our site from time to time to reflect our users' needs and our business priorities.

G. We may suspend or withdraw our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

H. Our site is only for users in the Territory

Our site is currently for use Worldwide excluding the United States, Canada and in each case where the Lounge is targeted to that country, Argentina, Chile, Colombia, Cuba, Mauritius, Mexico, Paraguay, Peru and/ or Uruguay( Territory) We do not represent that content available on or through our site is appropriate for use or available in these other locations.

I. General information about registration and use of the Lounges Services

The Lounges Services consist of our site (available at http://www.lounges.tv), our software applications, and any other products or services we offer. By signing in, registering, downloading, accessing, or using the Lounges Services, you confirm you are aged 16 years or above; are a permanent resident in the Territory; are entering into a legally binding agreement between you and us regarding your use of the Lounges Services and you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are using the Lounges Services on behalf of a company, partnership, entity or organisation, you represent and warrant that you: (i) are duly authorised to do so and that you have the requisite authority to bind that entity to these terms and grant the licenses herein; and (ii) agree to these terms on behalf of such entity.

You confirm that all details provided are accurate at the time of registration and you agree to amend your registration if your details change. If your details are entered incorrectly, you agree to let us know at the earliest opportunity.

By registering with us you agree that nothing will cause you to be an employee, worker, agent or partner of ours.

You will be fully responsible and indemnify us in respect of any liability arising from all employment or worker status related claims brought by you against us. As a service provider we provide a platform to help facilitate the performance by the Creative of the Creative’s Lounge via our site by way of live stream (and where applicable on demand) to the Viewer. We sell tickets and collect monies from Viewers and any other third parties as agent on behalf of Creatives but we are neither a Creative nor a Viewer and the contract formed between the Creative and Viewer in respect of the Lounge is solely between the Creative and Viewer. We are not party to this contract and we do not assume any responsibility arising out of or in connection with it. The Creative is responsible for the price and number of tickets to be made available; the date, time and length of the Lounge, the quality of the content provided by the Creative and for dealing with any Viewer claims or any other issue arising out of or in connection with the contract between the Creative and the Viewer.

J. Accounts information for Creatives, Viewers and other users

You do not need to register for an account in order to browse this site. However if you wish to stream a Lounge or view a Lounge you will need to register for an account.

In order to open an account, you will be asked to provide us with certain information such as an account name and password. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@lounges.tv.

We reserve the right to remove, screen, or edit any content posted or stored on any Lounge at any time and without notice, including where such content violates these terms or applicable law.

We shall be entitled to publish Viewer comments and ratings on our site with reference to Creative's Lounges. We are not responsible for the content of any such comments and ratings.

K. Streaming and viewing Lounges

We act as a disclosed agent for the Creative by providing the Lounges live streaming platform, user interface and collection of payments from the Viewers for distribution to the Creatives. The Creative is responsible for choosing the pay per view price of the Lounge subject to a minimum of £1 and a maximum of £100. We will collect any information necessary to fulfil our legal and/or licensing obligations to third parties together with Viewer numbers and payments in order to fulfil our payment commitment to Creatives.

The price charged by the Creatives includes all fees save for a small administration fee (£0.50p) which we charge to Creatives as a fixed agency fee and which is added by Creatives to the ticket price. All prices are charged in GB pounds sterling (unless otherwise stated) and include any applicable taxes as required by law at the time of checkout.

Creatives shall be responsible for any sales or other taxes payable by them in respect of their live stream or on demand Lounge. Provided we have received the requisite information, as an accommodation to Creatives and where applicable, we are able to issue VAT invoices on their behalf to Viewers but we do not take any responsibility or accept liability for the application of the appropriate VAT rules in the territory concerned or for the content provided to us by Creatives in this regard. All liability and responsibility rests with the Creative.

Any currency exchange rates and foreign transaction fees are not our responsibility and we bear no responsibility for refunding or compensating you for amounts or expenses incurred in connection with those fees.

As between Viewer and the Creative, the Creative owns all content in the Lounge and Viewers shall not photograph, film, record or otherwise reproduce the Lounge in any media or otherwise make the Lounge publicly available.

L. Payment

We shall pay the Creative one hundred per cent (100%) of the Net Proceeds paid to and received by us on behalf of the Creative in connection with the Creative’s Lounge.

Net Proceeds shall mean gross monies actually received by us on the Creative’s behalf in the United Kingdom which are directly and identifiably attributable to each Lounge and shall include all pay per view payments received by us from Viewers to watch the Lounge; any further sums paid by the Viewers during the Lounge using the donations tab (if applicable) and any directly attributable advertising income, including any taxes (Gross Monies), less firstly, our commission of twenty per cent (20%) of Gross Monies (Commission) plus VAT, secondly, any taxes in any part of the Territory which we are required to withhold, thirdly, the £0.50p administration fee plus VAT and fourthly, the Expenses (plus VAT as applicable).

Expenses shall mean any fees (including VAT and any other taxes where applicable in any part of the Territory plus VAT where applicable) payable or paid by us in respect of the Lounge, including but not limited to, third party licensors and/or performing rights organisations such as PRS and PPL in respect of any licensed content streamed. Where it is not possible to allocate a specific amount we shall be entitled to make and deduct a good faith estimate of such fees.

The Net Proceeds will be made available in the Creative’s virtual wallet within 24 hours of the completion of the Lounge and may be withdrawn at any time provided there is at least £10 in the wallet.

Payment to view a Lounge can be made either prior to viewing, during the five minute preview window or during the further five minute purchase window that follows the preview. Lounge but there will be no reduction if only part of a Lounge is viewed. We reserve the right to cancel a Lounge at any time and if we do so we will refund you the sum paid by you to view the Lounge.

Viewers agree that we and any of our third party payment processors are authorised to immediately charge your credit card or other method of payment used at the time of purchase. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change our billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. We may cancel an order or prevent you from making future orders for any reason.

If a Lounge is postponed or rescheduled, your purchase is still valid for the rescheduled Lounge however, a refund may be requested. If a Creative cancels a Lounge or in the event that we in the exercise of our reasonable discretion consider that a Lounge is not as described, the Creative will issue a refund to the Viewer to the original method of payment used at time of purchase provided that such a refund is requested within twelve hours of the Lounge. The Creative grants us the necessary authority to issue refunds as above on the Creative’s behalf. For the avoidance of doubt, all sales are final and are non-refundable save as is expressly provided in these terms. More details about how to apply for refunds can be found in our FAQs.

M. Availability

Some Lounges may be offered on a limited sale or private viewing basis and the number of Viewers limited. In such a case sales will be made on a first come first served basis. Your order is confirmed when we send you a written confirmation and you are responsible for checking that you have received a confirmation and whether your purchase has been successful.

Access to the Lounges Services will require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing or using the Lounges Services and/or streaming or viewing a Lounge. We are not liable for troubleshooting issues, Internet loading, or capacity issues if these cause Viewers to miss any part of a Lounge.

N. Third party partnerships

We may receive payments or rewards for promoting advertisers directly or indirectly. You agree that we may display advertisements and promotions of all kinds in and with the Lounges Services and that we may have agreements with third parties including revenue sharing from advertising or other types of transactions. Unless otherwise agreed Viewers and Creatives are not entitled to any benefits received by Lounges related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Lounges Service. We have the right to use and display your name and likeness for advertising, publicising, and exploiting Lounges and the Lounges Services.

O. How you may use material on our site

The Lounges Services are owned and operated by us. Unless otherwise indicated, all content, information, and other materials on the Lounges Services (excluding User Content as provided below), including, without limitation, Lounges' trademarks and logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the Lounges Materials) are protected by relevant intellectual property and proprietary rights and laws. All Lounges Materials belong to us and/or third-party licensors. Unless otherwise expressly stated in writing by us, by agreeing to these terms you are granted a personal, limited, revocable, non-transferable, non-sublicensable, limited licence to access and use the Lounges Services and Lounges Materials solely as provided herein.

All rights not expressly granted in these terms are reserved to Lounges.

Any use of the Lounges Services or the Lounges Materials except as specifically authorised in these terms, without the prior written permission of Lounges, is strictly forbidden and may infringe intellectual property rights or other laws.

P. User Content

The Creative is responsible for creating all aspects of the Lounge, including but not limited to the pay per view price to be charged, the length of the Lounge and the time and date. The Creative is also responsible for all images, words, graphics, recordings and other content included in the Lounge and/or may feature on the Lounges URL page associated with the Lounge and communicated to Viewers as part of the Lounge and/or any other comments, emojis, chat, postings; or any other activities which the Creative may create, post, transmit, perform, or store content, messages, text, on or through the Lounges Services. Viewers and/or other users of the Lounges site shall be responsible for images, words, graphics, recordings, comments, emojis, chat, postings or any other activities which they create, post, transmit, perform, or store content, messages, text, on or through the Lounges Services. All such content referred to in this paragraph shall collectively be referred to as User Content.

You are solely responsible for securing all third party permissions, licences and approvals that may be required (e.g., from record companies, music publishers, performing rights organisations, artists, performers, producers and the like) necessary to enable you to perform, display, record and replay your live Lounge and on demand.

You warrant and represent that you are the creator and owner of and/or have the necessary licenses, rights, consents, releases and permissions in respect of the User Content (including but not limited to all content utilised in videos, profile images, banners and so on), prior to providing any Lounge on the Lounges site, and shall indemnify, defend and hold us and our affiliates harmless from all claims in connection therewith.

Q. Performing Rights

Notwithstanding the generality of the foregoing, we have obtained a limited online licence from the PRS for Music which enables us to live stream and to provide on demand for up to 48 hours following the live stream, any musical work and any lyrics or words (including parts thereof) written or to be used with such musical work which (a) in relation to the licence granted by MCPS, each musical works to the extent the relevant copyright is owned or controlled, from time to time, in the United Kingdom by MCPS; and (b) in relation to the licence granted by PRS, each musical work to the extent the relevant copyright is owned or controlled, from time to time in the relevant country of the Territory by PRS.

Creatives must notify us immediately following your Lounge stream of all musical works which will be included in your Lounge and where necessary the Creative must identify all musical works which are owned and/or controlled by PRS for Music. Provided the Creative does so, we will pay all royalties associated with the public performance of such musical works to PRS for Music and treat the same as Expenses as above.

R. Ownership of User Content

You retain all of your ownership rights in your User Content. However, you hereby, by making available, communicating, distributing or disseminating User Content using the Lounges Services, grant to Lounges and its successors and assigns a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with, and for the marketing of, services offered or to be offered by Lounges. Such licence will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Content in proximity with or in connection with any third party content.

S. User-generated content is not approved by us

The site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. To the fullest extent permitted by applicable law, Lounges reserves the right to remove, screen, or edit any User Content posted or stored on the Lounges Services at any time and without notice, including where such User Content breaches these terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Lounges Services at your sole cost and expense.

T. Copyright Infringement and take down notice procedure.

If you are a copyright owner, exclusive licensee or an agent thereof and believe that any content on the Lounges Service infringes your copyrights, you may submit a notification pursuant to the E-Commerce (EC Directive) Regulations 2002 (SI 2002/2013) (as the same may be varied and amended from time to time) (E-Commerce Regulations) by providing us with the following information in writing to copyright@loungestv.tv:

1. a description of the copyrighted work claimed to have been infringed;
2. a description of the material which you claim is infringing your copyright that you wish to be removed or access denied and the URL or location of the alleged infringing material;
3. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
4. information reasonably sufficient to enable us to contact you, such as your full name, address, telephone number, and, if applicable, e-mail address;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
6. a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your content was removed (or access thereto was disabled) and you believe in good faith that such content is not infringing, or that you have the permission from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to make such content available to Lounges for use on the Lounges Service, you may send us (copyright@lounges.tv) and copied to the alleged copyright owner, a counter-notice containing the following information:

1. a description of the copyrighted work which has been removed or disabled and the URL or location of the alleged infringing material;
2. a physical or electronic signature of a person authorised to act on your behalf;
3. information reasonably sufficient to enable us to contact you, such as your full name, address, telephone number, and, if applicable, e-mail address;
4. a statement that you have a good faith belief that the content was removed or disabled by error or mistake content; and
5. a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will review all notices submitted to us and take whatever action we deem appropriate under the EC Directive, including removal of the challenged content from the site. Further, we may, in appropriate circumstances, disable or terminate the accounts of repeat infringers. We reserve the right to withhold your share of Net Proceeds pending the outcome of any claim or dispute regarding your Lounge.

U. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

V. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

W. Our responsibility for loss or damage suffered by you

We are not liable for the acts or omissions of Creatives and Viewers or for any User Content. Unauthorised use of our site and/or the Lounges Services and/or the Lounges Materials may give rise to a claim for damages and/or be a criminal offence. All liability for loss or damage caused by the use of our site and/or Lounges Services and/or Lounges Materials is excluded to the fullest extent permitted by law. Nothing in these terms and conditions are intended to exclude liability for death or personal injury caused by our negligence or the negligence of our employees or agents. Subject to the preceding sentence, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the lower of £100 or the applicable your share of Net Proceeds.

X. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Y. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Z. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@lounges.tv.

AA. Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

BB. Miscellaneous

If we do not insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you..

If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, this will not affect the validity and enforceability of any remaining provisions.

These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lounges without restriction. Any assignment attempted to be made in violation of these terms shall be void.

Upon termination of these terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

These terms, which incorporate Privacy Policy and Cookie Policy Guidelines, is the entire agreement between you and Lounges relating to the subject matter herein and will not be modified except by a writing signed by authorised representatives of both parties, or by a change to these terms made by Lounges.

These terms are between you and us and no third party has any rights to enforce it terms.