Terms and Conditions

Welcome to Lounges.tv

Introduction

Thank you for using the Lounges.tv platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

1. What's in these terms?

These terms tell you the rules for using our platform: www.lounges.tv, our mobile app and any other apps that allow access to the Service. These terms cover the live streaming, video on-demand, content monetisation and competitions offered by the platform.(our/the site).

2. Who we are and how to contact us

www.lounges.tv is a platform 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 Athene House, 86 The Broadway, Mill Hill, London, NW7 3TD. 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 or make available on-demand content. We act as a disclosed agent on behalf of creators (Creators) wishing to live stream an event from their virtual lounge (Lounge) to consumers who wish to view the Creators content (Viewers). These terms apply to Creators, Viewers and any other users of this platform or mobile app (individually and collectively you, your).

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

3. By using our site you accept these terms

By using our platform, you confirm that you accept these terms of use and that you agree to comply with them. You agree to follow the rules and guidelines laid out in our Platform Guidelines. If you do not agree to these terms or guidelines, you must not use our platform.

4. 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 platform:

• 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.
• The Lounges.tv Showcase Competitions may each have additional specific terms linked on the specific competition.
• Please also refer to our FAQ's and Platform Guidelinesfor specific questions regarding the Lounges site.

5. We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 15th March. 2023.

6. We may make changes to our platform

We may update and change our platform from time to time to reflect our users' needs and our business priorities. This may include editing, adding, removing or changing the features and services on offer.

7. We may suspend or withdraw our platform

We do not guarantee that our platform, 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 platform 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 platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. Our site is only for users in the Territory

Our platform is currently for use Worldwide. Where licensed music is involved, the following countries are excluded from the applicable territory; United States, Canada, Argentina, Chile, Colombia, Cuba, Mauritius, Mexico, Paraguay, Peru and/ or Uruguay (Territory). We do not represent that music content available on or through our platform is appropriate for use or available in these other locations.

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

The Services consist of our site (available at http://www.lounges.tv), our software applications, our mobile apps and any other products or services we offer. By signing in, registering, downloading, accessing, or using the 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 Services and you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are using the 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 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.

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 Creators via our platform by way of live stream or on-demand Content to the Viewer. We sell tickets and collect monies from Viewers and any other third parties as agent on behalf of Creators, but we are neither a Creator nor a Viewer and the contract formed between the Creator and Viewer in respect of the Lounge is solely between the Creator 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 Creator 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 Creator and responsibility for any Viewer claims, complaint or any other issue arising out of or in connection with the contract between the Creator and the Viewer.

10. 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.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with these terms and the law. You may view content for your personal, non-commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

1. 1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service ; (b) with prior written permission from Lounges.tv and, if applicable, the respective rights holders (including but not limited to the Creators); or (c) as permitted by applicable law;
2. 2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content.
3. 3. access the Service using any automated means (such as robots, botnets or scrapers)
4. 4. collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 1 above;
5. 5. use the Service to distribute unsolicited promotional or commercial Content or other unwanted or mass solicitations (spam);
6. 6. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

11. Uploading Content

If you have a Lounges.tv account, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with these terms or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. Our services are moderated by a regulated third party company via AI (Artificial Intelligence) and human moderators to analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal Content.

12. Co-authored Content

1. (a) If you upload Content to your Creators account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator properly registered on Lounges; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
2. (b) You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
   1. has given their express, prior and fully informed consent to their appearance in the Co-Authored Content; and
   2. has consented to the Co-Authored Content in which they appear being posted on Lounges.

13. Removal of Content by Lounges

If we reasonably believe that any of your Content is in breach of this Agreement or may cause harm to Lounges.tv, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We may notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for us or our affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Lounges.tv or our affiliates.

14. Moderation

Our Community Guidelines help make Lounges.tv a welcoming community for Viewers, Creators and sponsors. Content that violates these guidelines will be removed from Lounges.tv without warning or notice.

Lounges.tv uses Artificial Intelligence and human moderators within our partnership network, ranging from content moderator service providers to charitable organisations to identify, remove and report Content that breaches our Community Guidelines.

Personal Use and Content Restrictions: You shall exclusively use our platform for personal use and shall not engage in the sale, lease, transfer, or sharing of your account or any Content acquired from your interaction with Lounges.tv with any third party.

Lawful Usage: Your utilisation of Lounges.tv shall strictly adhere to legal requirements and be directed toward lawful purposes.

Content Upload and Prohibitions: You are prohibited from uploading, posting, displaying, or publishing any Content on Lounges.tv that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening, harassing, or that encourages or promotes violence or any illegal activity.

Protection of Minors: You are prohibited from exploiting, harming, or attempting to exploit or harm individuals under the age of 18 through your use of Lounges.tv, including exposing them to inappropriate Content.

Content Restrictions: You shall not upload, post, display, or publish Content on Lounges.tv that:

1. (a)Depicts or references individuals under 18 years of age (or individuals under 18 years of age in a general context), or any other individuals, without documented proof that all individuals featured or referenced in your Content are at least 18 years old and possess written consent for the use of their names or images, as applicable, in the Content.
2. (b)Showcases, promotes, advertises, or references:
   • Firearms, weapons, or any goods subject to prohibitions or restrictions in sale, possession, or use.
   • Drugs or drug paraphernalia.
   • Self-harm or suicide.
   • Incest.
   • Bestiality.
   • Violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse, hardcore bondage, extreme fisting, or genital mutilation
   • Necrophilia.
   • Urine, scatological, or excrement-related material.
   • "Revenge porn," defined as any sexually explicit material featuring individuals who have not provided prior, express, and fully informed consent for such material to be taken, captured, or otherwise memorialized, or for it to be posted and shared on Lounges.tv
   • Escort services, sex trafficking, or prostitution.
3. (c) Contains unsolicited sexual content, unsolicited language that sexually objectifies another User or any other individual in a non-consensual manner, or fake or manipulated sexual content related to another User or any other individual, including "deepfakes."
4. (d) Contains, promotes, advertises, or references hate speech, which is defined as Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear, or violence against any group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic.
5. (e) Contains or references personal data, private or confidential information of anyone else without their express written consent, including but not limited to telephone numbers, location information, names, identity documents, email addresses, Lounges.tv login credentials (including passwords and security questions), financial information (including bank account and credit card details), biometric data, and medical records.
6. (f) In the case of Content featuring public nudity, was recorded in or is being broadcast from a jurisdiction where public nudity is illegal, or in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to observe such activities, excluding outdoor places where the public is not present, such as private property or secluded natural areas.
7. (g) Creates the impression of affiliation, endorsement, licensing, or approval by us or any other entity or individual.
8. (h) Causes or is reasonably calculated to cause inconvenience, anxiety, upset, embarrassment, or serious offense to any individual.
9. (i) Is used or intended for use in extracting money or other benefits from any individual in exchange for the removal of the Content.
10. (j) Involves or promotes third-party commercial activities or sales, such as contests, sweepstakes, sales promotions, product placements, advertising, job postings, or employment advertisements without our prior express consent.

Compliance with Community Guidelines: You are obligated to adhere to the guidelines outlined in our Community Guidelines, available here. .

Prohibition of Harmful Conduct: You shall not use Lounges.tv for stalking, bullying, abusing, harassing, threatening, or intimidating any other User or individual.

Misleading or Deceptive Conduct: Your usage of Lounges.tv shall not involve misleading or deceptive behaviour, or any conduct likely to mislead or deceive any other User.

Respect for Intellectual Property: You shall respect the intellectual property rights of Creators by refraining from recording, reproducing, sharing, publicly communicating, or otherwise distributing their Content without appropriate authorization.

Respect for Rights: You shall not engage in actions that violate our rights or the rights of others, including intellectual property rights (such as copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.

Impersonation: You shall not impersonate us, our employees, another User, or any other individual or entity, nor shall you falsely state or imply any affiliation, endorsement, or sponsorship between you and us or any other person or entity.

Accurate Account Information: You shall not provide false registration information for your account or misuse anyone else's information or Content.

Prohibition of Spam and Inauthentic Content: YPosting or causing the posting of spam, or any Content intended to artificially boost a Creator's views or interactions, or Content that is inauthentic, repetitive, misleading, or of low quality, is strictly prohibited.

Live Streaming and Pre-Recorded Content: YYou shall not transmit, stream, or send pre-recorded audio or video material during a live stream or attempt to present recorded material as a live stream.

Communication Methods: You shall not use alternative media or methods (e.g., codewords or signals) to convey Content that contravenes this Policy.

Content Usage Limitations: YExcept as allowed under the Terms of Service, you shall not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content.

Malicious Software: You shall not knowingly introduce viruses, trojans, worms, logic bombs, or any other material into Content that may be malicious or technologically harmful.

Reverse Engineering: Decompiling, disassembling, reverse engineering, or any attempt to discover or derive the source code of Lounges.tv is expressly prohibited.

System Interference: You shall not use Lounges.tv in a manner that may adversely affect our systems or security, or that may interfere with another User's use of Lounges.tv, including their real-time activities.

You are strictly prohibited from utilizing the name "Lounges.tv," its logo, or any names, logos, product and service designations, designs, or slogans that are related or similar thereto, except in the specific manners explicitly sanctioned within the Terms of Service or upon obtaining our prior written consent.

Any violations of this Policy may result in the suspension or termination of your account, along with the revocation of access to your earnings, in accordance with the provisions outlined in the Terms of Service.

15. Account Suspension and Termination

1. (1) Termination by you: You may stop using the Service at any time. You may also delete your Lounges.tv account, which involves closing your profile and removing your data. This process is non reversable, and your data will not be restorable at a later date.
2. (2) Termination and Suspension by Lounges.tv: Lounges.tv reserves the right to suspend or terminate your account or access to all part of the Service if: a) you materially or repeatedly breach this agreement; b) we are required to do so to comply with a legal requirement or a court order; or c) we reasonably believe that there has been conduct that creates liability or harm to any user, third party, Lounges or affiliates.
3. (3) Notice for Termination or Suspension: We will notify you with the reason for termination or suspension by Lounges unless we reasonably believe that to do so: (i) would violate the law or the direction of a legal enforcement authority; (ii) would compromise an investigation; (iii) would compromise the integrity, operation or security of the Service; or (iv) would cause harm to any user, other third party, Lounges or our affiliates.

16. Streaming and viewing Lounges

We act as a disclosed agent for the Creator by providing the Lounges live streaming platform, user interface and collection of payments from the Viewers for distribution to the Creators. The Creator is responsible for choosing the pay-per-view price of the content subject to a maximum of £100. Creators may, if they wish, create a free event and encourage Viewers to send tips. The tip feature is subject to a maximum of £1000. The tip feature is available for live events, on-demand and direct on the Creators profile. 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 Creators.

To the price charged by the Creators we add for a small administration fee (£0.50p) for live-streaming (only) which we charge to Viewers as a transactional fee, and which is added onto the Creators ticket price. All prices are charged in GB pounds sterling (unless otherwise stated). VAT is added on top of the ticket price and tip amount selected by the Creators.

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

Payment to view a Lounge can be in advance or during the 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.

17. Transactions

All Viewers/ Creators Transactions are contracts between Viewers and Creators. Although we facilitate the service for the Viewer/ Creator by providing Lounges.tv platform and storing content, we are no responsible for any Viewer/Creator transactions.

Creators are solely responsible for determining (within the parameters for pricing on Lounges.tv) the pricing applicable to Viewer/Creator Transactions and the Content to which you may be given access. All prices appear in GBP only.

Prices on the platform are exclusive of VAT, this is added at purchase, and an additional £0.50 booking fee for live events shall also be added at the current rate as applicable to Viewer Payments.

Lounges.tv is a Ltd company registered in the United Kingdom and subject to paying VAT on all transactions. The VAT amount is added to the price at the point of checkout. Lounges.tv pay this VAT amount to HMRC in line with local tax requirements. If creators are registered for VAT, the 80% share will be made plus VAT.

If you are registered for VAT in the UK, you will need to provide us with your valid UK VAT number and agree to a self-billing agreement. This gives Lounges.tv the authority to handle invoicing on your behalf and facilitates the appropriate VAT payments to the creator. It is your responsibility to inform us via your account dashboard, your VAT position. If your position changes you must inform us immediately. You must re-enter into a self-billing agreement if your VAT or company details change, or when 12 months has passed from the previous agreement.

You may also need to submit additional information depending on the country where you live.

To be able to enter into a Viewer/ Creator Transaction with a particular Creator, you must first add a payment card to your account to complete a purchase of ticket or submit a tip.

You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Payment. All Payments will be charged in GBP. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and Lounges.tv and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.

You agree that you will not make unjustified requests for a refund in respect of any Viewers/ Creators Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Viewers/ Creators Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your user account.

Refunds:

Lounges.tv takes Viewers satisfaction seriously and we strive to provide a seamless experience. However, we understand that there may be occasions where you need to request a refund for a purchase made on our platform. Please take a moment to review our refund policy below to understand the terms applicable to requests.

1. (a) Eligibility for Refunds:
1. Refunds are typically issued for the following reasons:
2. a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
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 use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and

Refund requests must be submitted within 12-hours of the event finishing time.

(b) Non-Eligibility for Refunds:

We do not provide refunds for the following:

1. Tips made to a Creator.
2. If you change your mind about the purchase.
3. If you believe the creator is not talented or deserving of your purchase.
4. You are unable to use the Service due to lack of understanding or skill.
5. Delays or technical issues that are beyond our control such as internet connection issues.

(c) How to request a Refund:

1. If the event was cancelled by the Creator, your refund will be processed automatically.
2. If you believe you are entitled to a refund that is not a cancelled event, please contact our customer support team at help@lounges.tv or through the "Support" section of our platform.

Provide full details of Lounge, your details and a clear explanation of the reason for your refund request.

Our team will review your request and respond to you within 5 business days.

1. (d) Refund Process:

Once your refund request is approved, we will initiate the refund process.

Refunds will be issued using the same payment method used for the original purchase.

The time it takes for the refund to appear in your account may vary depending on your Bank.

2. (e) Dispute Resolution:

If you are dissatisfied with the outcome of your refund request, you may contact our customer support team for further assistance.

By using our Service and the platform, you agree to adhere to this refund policy. If you have any questions or require clarification on any aspect of our refund policy, please feel free to contact us.

18. Deductions and Payments

Net Proceeds shall mean gross monies actually received by us on the Creators 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 tip (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 and fourthly, the Licensing fees if required (plus VAT as applicable).

The Fee charged by Lounges includes expenses associated with the provision, maintenance, and operation of Lounges.tv, as well as the storage of Content provided by the creators.

Any subsequent deductions will be drawn from the 80% share allocated to the creators. These deductions may encompass app store fees, additional licensing obligations, or any other expenses necessary for delivering the creators' content to viewers.

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 content, including but not limited to, third party licensors and/or performing rights organisations such as PRS and PPL in respect of any licensed content used. 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 Creators virtual wallet within 24 hours of the completion of the Lounge and may be withdrawn provided there is at least £10 in the wallet. Due to compliance regulations requirements, first-time withdrawals may take up to seven days while we complete KYC (Know Your Customer) checks to prevent identity theft, fraud, and money laundering. KYC-verified Creators can request a withdrawal, and this will be processed by Lounges.tv within one working day. The minimum payment amount is £10 for UK bank accounts and £50 for non-UK bank accounts.

Payment to view a Lounge can be in advance or during the content 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 content.

Creators/ 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 and if a refund is processed in error, or if we receive a chargeback, or if a refund exceeds the original amount paid, we reserve the right to recharge the original method of payment used at time of purchase. 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. Accepted payment methods: Credit card, Apple Pay and Google Pay.

If a Lounge is postponed or rescheduled, your purchase is still valid for the rescheduled live event however, a refund may be requested. If a Creator 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 Creator 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 live event finishing. The Creator hereby grants us the necessary authority to issue refunds as above on the Creators 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(hs-platforms.com).

We may pass on data to third parties' providers such as payment providers only for the purpose of payment processing.

Withdrawal:

The amount displayed in the Creator's 'total balance' within their Lounges Creator wallet account represents the earnings cleared at the relevant time and excludes ticket sales for future events scheduled by the Creator. Earnings will be credited to the wallet within 24 hours after the conclusion of the event.

In the event that a viewer requests a refund or initiates a chargeback through their credit card provider for a ticket payment, Lounges reserves the right to investigate the matter and may opt to deduct from the Creator's account an amount equivalent to the Creator Earnings earned on the refunded or charged-back amount.

Licensing fee for Music Genres

Lounges.tv provides to creator a reporting tool and pay PRS on However, is the creators responsibility to correctly classify their content under these licensing arrangements. Entities such as PRS for Music represents songwriters, composers, and music publishers, and collects royalties on their behalf whenever their music is publicly performed.

Creators must report if they are performing PRS licensed songs, reporting must be done within 24-hours of the performance to include the list of songs performed by the Creator.

The set list builder:

• For Video on-demand when upload a Video.
• For Live Streams after the stream is ended.
• The user can also access this form via their dashboard on an event detail.

Fees to cover licensing music is 15% for Live and On-demand content.

If the Creator owns 100% controlled work (e.g., a song) that is registered with PRS, the Creator may be eligible to seek back claims through PRS. Please refer to the PRS web platform members portal for further information.

If the Creator is not registered with PRS or a similar society, then the Creator grants Lounges perpetual rights for the music performed, to be retained and replayed on the Lounges.tv platform for as long as that piece of content remains active. The Creator waives any rights for retrospective licensing via collection agencies.

By opting out of music licensing deductions, the Creator confirms that either i) they are not performing any music that falls under PRS licensing, or ii) they are managing their own licensing arrangements.

VAT and Tax Compliance:

Lounges.tv charges the standard rate of VAT (currently 20%) to all purchases.

VAT registered Creators must complete their VAT number, full name, address and agree with the self-billing invoice.

The self-billing invoice is valid for 12-months and needs to be renewed after this period with new withdrawn activities.

A copy of the self-billing invoice will be sent by email to the Creator. The Creator should keep this for their records.

We strongly recommend that all Creators seek professional guidance to ensure full compliance with local Tax and VAT regulations based on their specific circumstances.

By utilising Lounges as a Creator, you are making a legally binding assurance that you have accurately reported, and will continue to report, all payments received in connection with your use of Lounges to the relevant Tax authority in your jurisdiction, as mandated by applicable law.

In your capacity as a Creator, you promise to consistently adhere to all tax laws and regulations that are relevant to your situation. Should any instance of tax non-compliance arise whilst you are a Lounges account holder—this includes any failure to report earnings or the imposition of penalties or interest related to tax, or if you become subject to litigation, inquiry, or investigation in connection with, or potentially leading to, any form of tax non-compliance, you hereby agree to:

Notify us in writing by sending an email to vat@Lounges.tv within 7 days from the occurrence of tax non-compliance or the initiation of litigation, inquiry, or investigation (as applicable).

Promptly provide us with relevant details via email to vat@Lounges.tv, including:

The measures you are taking to rectify the tax non-compliance and prevent its recurrence, along with any pertinent mitigating factors you deem relevant.

Any other information related to the tax non-compliance incident that we may reasonably request.

For clarity, it's essential to understand that you retain full responsibility for your tax-related matters.

We and our affiliates and subsidiary companies:

For clarity, it is essential to understand that you retain full responsibility for your tax-related matters

We and our affiliates and subsidiary companies:

Are not liable for providing tax-related advice or guidance to you, and any general information shared on Lounges or through support@Lounges.tv regarding tax shall not be our responsibility and cannot be held against us.

Will not assume liability for any tax payment failures on the part of Creators and you agree to indemnify us against any liability we may suffer.

We hold the right to terminate your Lounges account should we be informed of, or discover, any instance of tax non-compliance on your part.

19. 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.

20. 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 Creators are not entitled to any benefits received by Lounges related to such advertisements, partnerships 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 promoting Lounges.tv and the Lounges Services.

21. How you may use material on our platform

The Lounges.tv 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.

22. User Content

The Creator 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 Creator 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 Creator may create, post, transmit, perform, or store content, messages, text, on or through the Lounges Services. Viewers and/or other users of the Lounges platform 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. Lounges.tv provide the functionality to report PRS music licensing and it is the Creators responsibility to report to provide accurate information.

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 platform, and shall indemnify, defend and hold us and our affiliates harmless from all claims in connection therewith.

23. Performing Rights

Notwithstanding the generality of the foregoing, we have obtained a limited online license from the PRS for Music which enables us to live stream and to provide a webcast for up to 72 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.

Creators must notify us immediately following your Lounge stream (and not later than 12 hours) of all musical works which will be included in your Lounge and where necessary the Creator must identify all musical works which are owned and/or controlled by PRS for Music. Provided the Creator does so, we will pay all royalties on the creator's behalf associated with the public performance of such musical works to PRS for Music sand treat the same as Expenses as above. See paragraph 16 above for details.

24. 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.

The licence granted by you shall continue until the Content is removed as described below. Once removed, the licence will terminate, save where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Lounges.tv to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

25. User-generated content is not approved by us

The platform may include information and materials uploaded by other users of the platform. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform 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.

26. 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 info@lounges.tv:.

• a description of the copyrighted work claimed to have been infringed;
• 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;
• a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
• information reasonably sufficient to enable us to contact you, such as your full name, address, telephone number, and, if applicable, e-mail address;
• 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
• 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 ( info@lounges.tv:) and copied to the alleged copyright owner, a counter-notice containing the following information:
• a description of the copyrighted work which has been removed or disabled and the URL or location of the alleged infringing material;
• a physical or electronic signature of a person authorised to act on your behalf;
• information reasonably sufficient to enable us to contact you, such as your full name, address, telephone number, and, if applicable, e-mail address;
• a statement that you have a good faith belief that the content was removed or disabled by error or mistake content; and
• 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 platform. 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.

27. Do not rely on information on this platform.

The content on our platform 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 platform.

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

28. We are not responsible for websites we link to

Where our platform contains links to other platforms 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 platforms or resources.

29. Our responsibility for loss or damage suffered by you

We are not liable for the acts or omissions of Creators and Viewers or for any User Content. Unauthorised use of our platform 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 platform 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 and for fraud or fraudulent misrepresentation. 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.

30. How we may use your personal information

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

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

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

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

You must not misuse our platform 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 platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform 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 platform will cease immediately.

32. Rules about linking to our platform

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

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

33. Mobile App

If you access our platform using our mobile app, in addition to these terms of use, the privacy policy will apply.

34. Competitions and prizes

If you enter any of our competitions, in addition to these terms of use, the terms and conditions for the specific competition will apply. This is accessible on the competition details page.

35. 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.

36. Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in these terms affects those rights you may have as a consumer. Other than as expressly stated in these terms or as required by law, Lounges.tv does not make any specific promises about the Service. For example, we don't make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

37. 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.