Portal Terms & Conditions

Preamble

The Portal is operated by the CMA – Centre de Musiques Amplifiées (établissement public), whose registered office is located at 5, Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette, Luxembourg (the "CMA"). The Portal and its associated activities are operated by the CMA under the Rocklab brand.

The present Portal Terms and Conditions (the "Terms") govern access to and use of the Portal by any natural person who creates an account, browses or interacts with the Portal (the "Member" or "User").

The present Terms are completed by the following documents, which form an integral part of the contractual relationship between the User and the CMA:

• Rocklab’s Code of Conduct;
• the Creative Spaces Terms and Conditions, for any application, individual booking or subscription concerning a Room of the CMA;
• the Ticketing Terms and Conditions, for any ticket purchase or event registration made through the Portal;
• the Privacy Policy;
• the Cookie Policy;
• the Data Retention Policy;

By creating an Account on, accessing or using the Portal, the User acknowledges having read, understood and accepted the present Terms and the documents referred to above. A User who does not agree with all or part of these Terms must refrain from creating an Account and from using the Portal.

The Portal and the Portal Terms and Conditions are currently provided in English. The English version prevails in case of any difference of interpretation with any translation made available subsequently, subject to mandatory consumer-protective rules in the User's country of residence.

Pre-contractual information

Under Article L.222-2 of the Luxembourg Consumer Code, the User is informed, before being bound by these Terms or by any contract concluded through the Portal, of the following:

• Identity of the trader: CMA – Centre de Musiques Amplifiées (établissement public), 5, Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette, Luxembourg.
• Contact details: phone (+352) 24 555-611; e-mail rocklab@rockhal.lu; ticketing tickets@rockhal.lu; data protection mydata@rockhal.lu
• Main characteristics of the Services: set out in section IV of these Terms; for Creative Spaces, in the Creative Spaces Terms and Conditions; for ticketing, in the Ticketing Terms and Conditions.
• Total price (where applicable): for paid Services, the price displayed on the Portal at the time of the booking, application or purchase, in euros and all taxes included, with any system or shipping fees clearly identified before the transaction is concluded.
• Means of payment, performance and complaints handling: as detailed in the documents referred to above.
• Right of withdrawal: the conditions, time-limits and exceptions of the right of withdrawal under Articles L.222-9 et seq. of the Luxembourg Consumer Code are described in the relevant documents (in particular the Creative Spaces Terms and Conditions and the Ticketing Terms and Conditions).
• Mediation: the User has the possibility of recourse to consumer mediation in accordance with section XXIII of the present Terms.

I. Definitions

For the purpose of the present Terms, the following expressions have the following meanings:

• Account: the personal account created by the User on the Portal, giving access to the Portal services subject to authentication.
• Content: any text, image, photograph, video, audio recording, link, biographical information, contact information or any other element published, uploaded or transmitted by a User on the Portal.
• Personal/Member Profile: the personal profile of the Rocklab Member created and managed under their Account, distinct from any Artist/Band Profile.
• Artist/Band Profile: the artist or band page made available on the Portal, allowing a Member to present a solo or collective musical project.
• Public Profile: the elements of an Account or of an Artist/Band Profile that the Member has chosen to render visible to other Members or to the general public.
• Services: all of the features, tools and functionalities made available by the CMA through the Portal, as described in section IV.
• Third-Party Service: any service operated by a third party and integrated with or accessible from the Portal (in particular Ticketmatic, Worldline, hosting and image-delivery providers, e-mail delivery providers, analytics providers).

II. Eligibility, Account Creation and Membership Categories

II.1 Eligibility

The Portal is reserved to natural persons who have reached the age of majority (eighteen (18) years). By creating an Account, the User confirms that they have reached the minimum age required and that all information provided is accurate, current and complete.

The CMA may request, at any time, documentary evidence of age and identity, and may suspend or terminate without notice any Account for which such evidence cannot be produced. Such proof will not be processed and stored by CMA, or shared with third parties. The CMA does not knowingly process personal data of persons under the age of eighteen (18) through the Portal; where such processing comes to its attention, the relevant Account shall be terminated and the corresponding personal data deleted under the Data Retention Policy.

II.2 Membership Categories

Registration on the Portal is free of charge. The Portal recognises several categories of access, which may be modified by the CMA from time to time:

• Local Members (Luxembourg residents and/or nationals): full access to the Services (some Services are subject to availability and prior acceptance of the Artist/Band project).
• International Members: access to a defined sub-set of Services (some subject to availability and prior acceptance of the Artist/Band project), as determined by the CMA on objective and proportionate criteria.
• Non-Members: limited access to the public-facing pages of the Portal (in particular public Artist/Band Profiles and information pages), without authentication.

The CMA may define, modify, restrict or suspend the scope of the Services associated with each membership category at any time, subject to the principles of transparency and proportionality.

II.3 One Account per Person

Each User may hold only one Account on the Portal. Creating multiple Accounts to circumvent a restriction, sanction or limitation of access is strictly prohibited and constitutes a serious breach of these Terms.

III. Account Security and User Responsibilities

III.1 Credentials

The User is responsible for choosing a strong, unique password and for maintaining the confidentiality of their credentials. The User shall not share credentials with any third party and shall not allow any third party to use their Account.

III.2 Two-Factor Authentication

The Portal offers an optional two-factor authentication mechanism (2FA) based on a one-time code sent to the e-mail address associated with the Account. This mechanism relies on the integrity of the User's e-mail account, which the User undertakes to keep protected by appropriate access controls. The CMA may propose additional or stronger second-factor methods, and may impose 2FA for certain operations or categories of Member where justified by operational considerations.

III.3 Sessions and Activity

All actions carried out from a logged-in session are presumed to have been carried out by the holder of the Account. The User shall, without delay, inform the CMA of any unauthorised access, suspected compromise of credentials or unusual activity on their Account, by writing to rocklab@rockhal.lu.

III.4 Protective Measures

The CMA may implement protective measures including: rate limiting, temporary lock-out after a defined number of failed authentication attempts, automated detection of suspicious activity, e-mail alerts on sensitive actions, and revocation of active sessions. These measures are implemented in the interest of all Users and may not be circumvented.

IV. Description of the Services

Subject to the membership category and to any applicable access rules, the Portal offers in particular the following Services:

• Personal/Member Profile: creation, modification and deletion of a Personal Profile, with privacy settings allowing the Member to control the visibility of certain information.
• Artist/Band Profile: creation and management of solo or collective project pages (biography, pictures, video links, links to streaming services, social media links, contact information), with the option to turn the page into a public Electronic Press Kit (EPK).
• Music Scene Directory: consultation, search and filtering of Personal Profiles, Artist/Band Profiles and Organisations that have elected to appear in the directory.
• Community Post Board: publication and consultation of community classified posts (services, equipment, opportunities, announcements).
• Community Activity Feed: publication of community milestones and reactions to such milestones, including the promotion of a concert or a release.
• Creative Spaces: application for a rehearsal room subscription, rehearsal room booking management, and request for use of performance spaces, governed by the Creative Spaces Terms and Conditions.
• Events and Ticketing:  access to ticketing for free and paid events organised by Rocklab, governed by the Ticketing Terms and Conditions.
• Learning Resources: consultation of educational and informational resources made available by Rocklab or by its partners.
• Opportunities: consultation of, and where applicable application for opportunities published on the Portal.
• Notifications and Feedback: reception of operational notifications and submission of feedback or bug reports.

The CMA may modify, suspend or discontinue all or part of the Services, on a temporary or permanent basis, without prior notice and without compensation, in particular for technical, security, regulatory, programming or operational reasons.

V. Personal Profile and Artist/Band Profile

V.1 Accuracy of Information

The Member undertakes to provide accurate, current and complete information at the time of Account creation and at any subsequent update of the Personal Profile or of an Artist/Band Profile, and shall update without delay any information that has become inaccurate, incomplete or out of date.

V.2 Photographs, Videos and Audio Material

The Member warrants that, in respect of any photograph, video, audio recording or other media uploaded to the Personal Profile or to an Artist/Band Profile, they hold all necessary rights, authorisations and licences – in particular the rights of the author and producer of the work, the rights of any performer, the right to image of any identifiable person and any rights of collective management societies.

For each Artist/Band Profile, the Member acting as administrator confirms having obtained the consent of the other identified members of the project to the publication of their name, photograph, contact and other information appearing on the Profile.

V.3 Public and Private Artist/Band Profile

The Member may render an Artist/Band Profile public (accessible to non-authenticated Internet users) or private (accessible only to authenticated Members or to a defined sub-set). A public Artist/Band Profile may be indexed by general search engines and may be reproduced or cited by third parties under applicable law.

V.4 Artist/Band Profile Ownership Transfer

Where the administrator of an Artist/Band Profile ceases to be active in the project, administration may be transferred to another identified member of the project under the procedure made available on the Portal. The CMA may, on the substantiated request of the project members and after appropriate verification, transfer administration of an Artist/Band Profile in case of dispute.

VI. User Content

VI.1 Ownership and Responsibility

The User retains all intellectual property rights, image rights and personality rights in the Content they upload, publish or transmit on the Portal. The User is solely responsible for the Content they publish, including its lawfulness, accuracy and respect for the rights of third parties.

VI.2 Licence Granted to the CMA

By publishing or uploading Content, the User grants the CMA a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, format, adapt for technical purposes (compression, resizing, format conversion), distribute and communicate the Content to the public, exclusively for the purposes of:

• operating the Portal and providing the Services to the User and to other Users in accordance with the privacy settings chosen by the User;
• institutional and editorial communications relating to the Portal, the public-interest mission of the CMA and the music community of Luxembourg, on channels operated by or on behalf of the CMA, in compliance with the visibility settings chosen by the User; this licence does not extend to commercial advertising for paid events of the CMA, to advertising for third-party products or services, or to any commercial sublicensing of the Content, each of which requires a separate prior written authorisation of the User;
• complying with any legal or regulatory obligation applicable to the CMA.

The licence runs for the duration during which the Content remains available on the Portal. It terminates when the User deletes the Content or the Account, save (i) where the Content has been shared or reposted by other Users in accordance with these Terms, in which case the licence subsists for the necessary technical operations of the Portal; and (ii) for any retention required by law, regulation, or the legitimate need to evidence past activity.

VI.3 Prohibited Content

The User shall not publish or transmit on the Portal any Content which, in particular:

• infringes the intellectual property rights, image rights or any other right of a third party;
• is defamatory, insulting, obscene, pornographic, paedopornographic, violent or contrary to human dignity;
• incites discrimination, hatred or violence on any ground prohibited by law (including origin, gender, sexual orientation, religion, disability, political opinion);
• incites, organises, facilitates or glorifies the commission of a criminal offence, terrorism or any other unlawful act;
• constitutes harassment, intimidation, threat or invasion of privacy of any other person;
• contains personal data of a third party communicated without the consent of that third party or without another lawful basis;
• has a primarily commercial purpose extraneous to the activity of the music community (for example, mass advertising, multi-level marketing, financial pyramid, advertising for products or services unrelated to music);
• contains, conceals or links to malware, phishing material, scraping scripts or any other element likely to compromise the security of the Portal or of its Users;
• misleads other Users about the identity, the qualifications or the role of the content publisher (impersonation).

VI.4 Moderation and Removal

The CMA may, on reasonable grounds, restrict the visibility of, hide, demote, remove or refuse the publication of any Content which it considers contrary to the present Terms, to the Code of Conduct or to applicable law. The CMA does not edit or modify the substantive content of User Content, save for purely technical operations (in particular compression, resizing and format conversion) carried out for the operation of the Portal.

Where Content appears manifestly unlawful, the CMA may take the measures described in the preceding paragraph immediately, without prior notice, and shall preserve the elements necessary to respond to any request from a competent authority.

Moderation decisions involve human review. Where automated tools are used to detect potentially infringing Content (for example, anti-spam filters or hash-based detection), any restriction or removal decision is reviewed by a human before becoming final, save in cases of manifestly unlawful Content where immediate action is required to protect the rights of third parties.

VI.5 Notice and Action Mechanism

In accordance with Article 16 of Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services (the “Digital Services Act” or “DSA”) and with the Luxembourg Law of 14 August 2000 on electronic commerce, any User or third party may notify the CMA of Content which they consider illegal, by writing to rocklab@rockhal.lu. To enable the CMA to take an informed decision, the notification shall include:

• a sufficiently substantiated explanation of the reasons why the notifier alleges the Content to be illegal;
• a clear indication of the exact electronic location of the Content (in particular the precise URL or URLs);
• the name and an electronic address allowing to contact the notifier (save where the notification concerns Content presumed to relate to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU); and
• a declaration confirming the bona fide belief of the notifier that the information and allegations contained in the notification are accurate and complete.

The CMA shall, without undue delay, send a confirmation of receipt of the notification to the notifier and shall process the notification in a timely, diligent, non-arbitrary and objective manner. The CMA shall notify the notifier of its decision and provide information regarding the possibilities of redress.

Where the CMA decides to restrict the visibility of, suspend, terminate or otherwise act in respect of Content provided by a User, or to suspend or terminate the User's Account, the CMA shall provide the affected User with a clear and specific statement of reasons in accordance with Article 17 of the DSA, indicating in particular: the type of restriction, the facts and circumstances relied upon, where applicable the use of automated means, the contractual ground or legal ground invoked, and the possibilities of internal complaint and out-of-court dispute settlement.

The affected User may, free of charge and within a period of six (6) months from the decision, lodge an internal complaint against any moderation decision (including refusal to act on a notification) by writing to rocklab@rockhal.lu. Complaints are reviewed by qualified personnel of the CMAThe CMA shall reverse a decision without undue delay where the complaint contains sufficient grounds to consider that the original decision was not well-founded.

VIII. Music Scene Directory and Networking

The Music Scene Directory lists Members, their Artist/Band Profiles and Organisations that have elected to appear, and allows them to be searched and filtered by other Members on the basis of criteria such as role, instrument or musical genre. The visibility of a Member or an Artist/Band Profile in the directory is governed by the privacy settings of the relevant Personal Profile or Artist/Band Profile, which the Member may modify at any time.

Information accessible through the Music Scene Directory is communicated strictly for professional and artistic networking within the community. It may not be collected, extracted, automatically processed or reused for any other purpose, in particular for the constitution of databases, marketing prospecting, unsolicited commercial offers, or any purpose contrary to applicable data-protection law.

The Portal may offer functionalities allowing Members to contact one another. The Member initiating a contact undertakes to do so in accordance with the Code of Conduct and to immediately cease any communication where the recipient indicates that they do not wish to receive further messages.

Members may submit, for review by the CMA, proposals for the inclusion of music Organisations or partners in the Music Scene Directory. The submission constitutes a representation by the submitting Member that the information communicated is accurate and that they are entitled to communicate it. The CMA reviews proposals on objective criteria and may accept, refuse or modify a proposal. Any Organisation listed may, at any time, request its removal by writing to rocklab@rockhal.lu.

IX. Community Activity Feed

The Community Activity Feed displays milestones (joining of new Members, performances, releases, achievements) and allows other Members to react. Members may publish only milestones concerning their own project or in respect of which they have obtained the consent of the persons concerned. Reactions must comply with the Code of Conduct.

Members may at any time delete a milestone or a reaction they have published. The CMA may, on its own initiative or upon notification, remove any element of the Activity Feed contrary to these Terms or to the Code of Conduct.

X. Expert Tagging

The CMA may, for the operation of certain Services and related programmes, identify Members or non-Members as experts on a given topic or for a given activity. Such identification respects the principles of transparency and minimisation of personal data. Members shall be informed of the proposed identification before publication and given a reasonable opportunity to object; absent objection within the time indicated, the tag may be applied.

In the first instance, the tag is visible only to the staff of the CMA, for the operational purposes referred to above. The CMA may, on a future version of the Portal, extend the visibility of the tag to authenticated Members; in such case, the affected Member or non-Member shall be informed in advance and given a renewed opportunity to object before the change takes effect.

Members may at any time subsequently request the removal of the tag, by writing to mydata@rockhal.lu; the request shall be acted upon without undue delay. Where the identified person is not a Member of the Portal, prior express consent shall be obtained before the publication of any element identifying that person, and that consent may be withdrawn at any time on the same terms.

XI. File Uploads, Storage and Technical Limits

The User may upload images and other media to the Portal in the formats and within the size limits indicated by the upload interface or otherwise communicated. The CMA may refuse, compress, resize, convert or remove any uploaded file that exceeds the technical limits, presents a security risk, is in an unsupported format, or contains manifestly unlawful Content.

The CMA takes reasonable measures to preserve the integrity and availability of files uploaded to the Portal. However, the CMA does not guarantee perpetual conservation and recommends that the User keep a personal copy of any file the loss of which would prejudice them. The CMA may delete files associated with a terminated Account, in accordance with the Data Retention Policy.

XII. Prohibited Conduct

In addition to the rules concerning Content set out in section VI and the rules of conduct in the Code of Conduct, the User shall refrain from:

• using the Portal for any unlawful purpose, or for any purpose contrary to public order or to morality;
• attempting to access without authorisation any element of the Portal or of its underlying infrastructure, including any data, account, system or feature for which they have not been granted access;
• circumventing or attempting to circumvent any security, authentication, rate limiting or access-control measure;
• using any robot, spider, scraper, crawler, automated script or other automated means to access, collect, index or extract Content from the Portal, save with the express prior written authorisation of the CMA and within the limits of that authorisation;
• introducing, transmitting or attempting to introduce into the Portal any virus, worm, Trojan horse, ransomware or any other malicious code;
• conducting or attempting to conduct any denial-of-service action, load-injection action, security probe or penetration test, save with the express prior written authorisation of the CMA;
• making excessive or abnormal use of the Portal that may affect its performance or its availability for other Users;
• using the Portal to send unsolicited communications (spam) or to organise mass-mailing campaigns;
• creating multiple Accounts or using a fictitious identity to circumvent any restriction or sanction;
• commercialising, sublicensing, renting or making available to a third party access to the Portal or to the Content of the Portal, save with the express prior written authorisation of the CMA.

XIII. Third-Party Services and Links

The Portal integrates or refers to certain Third-Party Services, in particular for ticketing (Ticketmatic), payment processing (Worldline or another provider), media hosting, e-mail delivery, anti-abuse, video, music streaming and analytics. Use of certain Services may require acceptance of the terms and privacy notices of these third parties.

The CMA selects its third-party providers with care and subjects the processing of personal data carried out by them to appropriate contractual safeguards, in accordance with the Privacy Policy. The CMA may not be held responsible for the conduct, availability, security or content of Third-Party Services, save where this is provided by applicable law or by an express commitment of the CMA.

The Portal may contain links to external websites (in particular streaming platforms or social networks linked from an Artist/Band Profile and EPK). The CMA exercises no control over the content of such external sites and disclaims any responsibility in respect of them. The User accesses such sites under their own responsibility.

XIV. Intellectual Property of the Portal

The Portal, including its software, source code, graphic design, trademarks (in particular “Rocklab”, “Rockhal”, “CMA”), logos, texts, illustrations, databases and general structure, is the exclusive property of the CMA or of its licensors, and is protected by the laws applicable to intellectual property and to databases.

No provision of these Terms transfers to the User any right of ownership in the Portal. The User is granted a strictly personal, non-exclusive, non-transferable and revocable right to access and use the Portal exclusively for the purpose for which the Portal is made available, in accordance with these Terms.

Any reproduction, representation, modification, publication, transmission or alteration, in whole or in part, of the Portal or of one of its elements, by any means and on any medium, without the express prior written authorisation of the CMA, is prohibited and constitutes an infringement.

XV. Personal Data Protection

Processing of the User's personal data in the context of the use of the Portal is carried out in accordance with Regulation (EU) 2016/679 (“GDPR”) and applicable Luxembourg legislation. Detailed information on the categories of data, purposes, legal bases, recipients, retention periods and rights of data subjects is set out in the Privacy Policy.

The User may, at any time, exercise the rights of access, rectification, erasure, restriction, portability and objection, as well as withdraw any consent, by writing to mydata@rockhal.lu. The User has the right to lodge a complaint with the Commission Nationale pour la Protection des Données (CNPD) of Luxembourg.

XVI. Electronic Communications, Notifications and Marketing

The User accepts that the CMA communicates with them by electronic means, in particular by e-mail to the address associated with the Account or through notifications displayed in the Portal. Operational communications form an integral part of the Service and may not be unsubscribed without termination of the Account. Operational communications are limited to: (a) security and authentication notices (2FA codes, login alerts, password reset, suspected compromise); (b) confirmation, modification or cancellation of a booking, subscription, event registration or ticket purchase; (c) invoicing and payment notices; (d) notification of material changes to these Terms, to the Privacy Policy or to the other documents incorporated into them; (e) any notice required by law or by a competent authority; (f) information about scheduled maintenance operations or other significant interruptions of the Portal, in accordance with section XVII.

Marketing communications (in particular newsletters informing the User of future events or activities of the CMA) are sent only on the basis of the prior, informed and freely given consent of the User collected at the time of Account creation or subsequently in the User's profile settings. The User may at any time withdraw that consent, with effect for the future, by means of the unsubscribe link provided in each marketing communication, by adjusting the corresponding setting in their profile, or by writing to mydata@rockhal.lu.

XVII. Availability of the Portal and Maintenance

The CMA undertakes reasonable efforts to make the Portal accessible 24/7. Access is provided on a best-efforts basis (obligation de moyens); the CMA does not guarantee continuous and uninterrupted availability and may suspend access for maintenance, evolution, incident correction, security or force majeure.

The CMA shall, where reasonably possible, inform Users in advance of scheduled maintenance operations of significant duration.

XVIII. Suspension and Termination of the Account

XVIII.1 Termination by the User

The User may, at any time and without justification, terminate their Account through the dedicated functionality of the Portal or by writing to rocklab@rockhal.lu. Processing of personal data following termination is carried out in accordance with the Data Retention Policy.

XVIII.2 Suspension or Termination by the CMA

The CMA may suspend the User's access or terminate the Account, with or without prior notice depending on the gravity of the situation, in particular in the event of:

• breach of the present Terms, of the Code of Conduct, of the Creative Spaces Terms and Conditions, of the Ticketing Terms and Conditions or of any applicable rule of conduct;
• conduct prohibited by section XII;
• publication of Content prohibited by section VI.3;
• provision of false, misleading or materially incomplete information;
• conduct presenting a risk to the security of the Portal, of its Users or of the staff of the CMA;
• conduct constituting harassment, discrimination, violence or any other unlawful act;
• order of a competent authority;
• prolonged inactivity of the Account, in accordance with section XVIII.3

On suspension or termination, certain Content of the User may remain visible (in particular where it has been incorporated into the Community Activity Feed, where necessary for the technical operation of the Portal, where necessary for the protection of third-party rights, or where retention is required by law). The author of a soft-deleted post may be displayed as “Deleted User”.

XVIII.3 Inactive Account

In order to maintain the accuracy and active character of the Member community, the CMA conducts periodic verifications of the information held on the Portal. The Member shall receive, at intervals communicated by the CMA from time to time, a request by e-mail to update or confirm the information held in their Personal Profile and in any Artist/Band Profile of which they are administrator.

Where the Member does not respond within the grace period indicated in the request, the Account and any related Artist/Band Profile shall be marked as inactive. Inactive status entails removal from the Music Scene Directory and from the active-Member / active-Artist/Band monitoring of the CMA. The Account and related Content remain stored on the Portal and may be reactivated at any time, free of charge, on the Member's request to rocklab@rockhal.lu.

Where the Account remains inactive for a prolonged period without reactivation, the CMA may terminate the Account under section XVIII.2 and delete or anonymise the related personal data under the Data Retention Policy.

XIX. Warranties and Limitation of Liability

XIX.1 Exclusions to Liability Limitations

Nothing in these Terms shall limit or exclude the liability of the CMA for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; gross negligence (faute lourde) or wilful misconduct; or any other liability which cannot be excluded under Luxembourg law, in particular under consumer protection rules.

XIX.2 Warranties

Subject to section XIX.1, the Portal is made available “as is” and “as available”. The CMA does not warrant that the Portal will be free of error, defect or interruption, that it will satisfy a particular need of the User, or that the Content published on the Portal by other Users or third parties is accurate, lawful, of professional quality or fit for a particular purpose.

XIX.3 Liability Cap

Subject to section XIX.1 and section XIX. 6 below, the total liability of the CMA in respect of any claim arising out of or in connection with the use of the Portal, on any legal basis, shall not exceed:

• for paid Services other than Room-related Services governed by Creative Spaces Terms and Conditions : the total of the sums actually paid by the User for the relevant Service in the twelve (12) months before the claim;
• for free Services: one hundred euros (100 EUR).

XIX.4 Indirect and Consequential Loss

Subject to sections XIX.1 and XIX.3, the CMA shall not be liable for any indirect or consequential loss, in particular: loss of profit, revenue, artistic or commercial opportunity, clientele, data or reputation.

XIX.5 Liability for Content of Other Users

In respect of Content provided by Users (Artist/Band Profile descriptions, Post Board posts, Community Activity Feed entries and reactions, and any other User-uploaded media), the CMA acts as a hosting service provider within the meaning of Articles 60 to 62 of the Luxembourg Law of 14 August 2000 on electronic commerce, and Articles 4 to 6 of the Digital Services Act. As such, the CMA may not be held liable for User Content save where, having actual knowledge of an illegal Content or activity, it has failed to act expeditiously to remove or disable access to it. The CMA is under no general obligation to monitor the Content it stores.

In respect of editorial content authored by the CMA or commissioned by it (institutional pages, learning resources prepared by the CMA, FAQs, programme information, editorial newsletters), the CMA acts as a publisher and assumes the corresponding responsibility under ordinary law.

XIX.6 Articulation with Specialised Documents

The liability framework set out in the present section XIX governs claims arising from the use of the Portal. Claims arising from the use of a Room (in particular damage to property, bodily injury, equipment liability, security deposits and payment disputes relating to a booking or a subscription) are governed exclusively by section XIV of the Creative Spaces Terms and Conditions. Claims arising from a ticket purchase or from an event registration are governed exclusively by the Ticketing Terms and Conditions. Where a claim arises in connection with several distinct activities (for example, a Portal Account incident which is the cause of an erroneous booking), each component of the claim is governed by the document which corresponds to it.

XX. User Indemnification

The User shall indemnify the CMA, its representatives, staff and agents against any claim, demand, action or proceeding brought by a third party against the CMA, and against the corresponding damages, losses, costs and reasonable expenses (including reasonable lawyers' fees) finally awarded by a competent court or agreed in a settlement, where the claim arises from a fault of the User in connection with one of the following:

• a Content published by the User which infringes the rights of a third party (in particular intellectual property rights, image rights, right to honour or to privacy);
• a transaction concluded by the User on the basis of a Post Board listing or of any other contact established through the Portal;
• a serious breach of section VI.3 (prohibited Content) or of section XII (prohibited conduct);
• physical damage caused to a third party or to a third party's property in the context of the use of the Portal.

The CMA shall, without undue delay, inform the User of the third-party claim, shall not settle without prior consultation of the User, and shall give the User a reasonable opportunity to participate in the defence. This indemnification obligation does not extend to first-party costs of the CMA, to claims for which the User is not at fault, or to claims arising from the lawful exercise by the User of a right granted by these Terms or by applicable law. It survives termination of the Account and of these Terms.

XXI. Assignment, Severability, Entire Agreement

Assignment. The User may not assign or transfer rights or obligations under these Terms without the prior written agreement of the CMA. The CMA may freely assign or transfer its rights and obligations, in particular in the context of a reorganisation or transfer of activity, subject to compliance with the User's rights in respect of personal data protection.

Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if not possible, deemed severed. The other provisions remain in full force and effect.

Entire agreement. These Terms, together with the documents referred to in the Preamble, constitute the entire agreement between the User and the CMA in respect of the use of the Portal, and supersede any prior agreement on the same subject. Any waiver must be express to take effect.

XXII. Modification of the Terms

The CMA may modify these Terms, in particular to take account of changes to the Services, to applicable law, to court decisions or to operational practices. The CMA distinguishes between non-material updates and material modifications.

Non-material updates (typographical corrections, contact-detail updates, references or section numbering) enter into force on publication on the Portal.

Material modifications are notified to the User by in-Portal notice and by e-mail to the address on the Account, at least thirty (30) days before they enter into force, save where a shorter notice period is required by law or by a competent authority. The notification summarises the principal changes and indicates the effective date.

A User who disagrees with material modifications may, before the effective date, terminate the Account free of charge under section XVIII.1. Where the User has at that date a current paid subscription or a confirmed paid booking governed by these Terms, the User is entitled to a refund of the pro-rata portion of the sums paid in respect of the period after effective termination, save where the User chooses to maintain the subscription or booking under the previous version of these Terms until its scheduled end. Continued use of the Portal after the effective date constitutes acceptance of the modified Terms.

XXIII. Amicable Settlement and Consumer Mediation

Before initiating any judicial proceedings, the parties undertake to seek an amicable solution to any dispute, claim or difference arising out of or in connection with these Terms, by exchange in good faith for thirty (30) days from formal written notification by the requesting party of the dispute and of the desired solution. The notification shall be sent by e-mail to rocklab@rockhal.lu or by registered letter to the address in section XXV.

In accordance with Articles L.422-1 et seq. of the Luxembourg Consumer Code (transposing Directive 2013/11/EU on alternative dispute resolution for consumer disputes), where the User is a consumer and where the dispute has not been resolved by direct exchange, the User is entitled to refer the matter to a competent consumer mediation body. The competent body for the present Terms is the Service national du Médiateur de la consommation, 6, rue du Palais de Justice, L-1841 Luxembourg (Luxembourg). The website of the mediator is the following: https://mediateurconsommation.public.lu/en.html

Recourse to mediation does not preclude judicial proceedings and is without prejudice to the rights of the User.

XXIV. Applicable Law and Jurisdiction

These Terms are governed by Luxembourg law, without regard to conflict-of-laws rules and subject to mandatory consumer-protective rules in the User's country of habitual residence under Article 6 of Rome I (Regulation (EC) No 593/2008). Any dispute relating to the formation, interpretation, performance or termination of these Terms falls under the exclusive jurisdiction of the courts of Luxembourg.

By way of derogation, where the User is a consumer domiciled in another EU Member State, under Articles 17 to 19 of Brussels Ia (Regulation (EU) No 1215/2012), the consumer may bring proceedings against the CMA either before the courts of Luxembourg or before the courts of the consumer's domicile, and may only be sued by the CMA before the courts of the consumer's domicile.

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