Terms & Conditions

Preamble

The Rocklab One portal (the “Portal”) is the membership platform for the music community of Luxembourg, 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), hereinafter “CMA”, “Rockhal”, “we”, “us” or “our”.

The present General Terms and Conditions of Use (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:

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

By creating an account on, accessing or using the Portal, the User formally 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 is currently provided in the English language, and the present Terms are drafted in English. The English version of the present Terms shall prevail in case of any difference of interpretation with any translation that may be made available subsequently, subject to the mandatory rules protective of consumers in their country of residence.

Pre-contractual information

In accordance with Article L.222-2 of the Luxembourg Code de la consommation, the User is informed, before being bound by these Terms or by any contract concluded through the Portal, of the following information:

• 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 the present Terms; for the Creative Spaces, in the Booking Terms; for ticketing, in the Ticketing Terms.
• Total price (where applicable): for paid Services, the price applicable is the price displayed on the Portal at the time of the booking, application or purchase, in euros and including all taxes, with system or shipping fees clearly identified before the conclusion of the transaction.
• 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 Code de la consommation are described in the relevant documents (in particular the Booking Terms and the Ticketing Terms).
• 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.
• EPK: the artist or band Electronic Press Kit 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 EPK 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, that is to say at least eighteen (18) years of age. 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 reserves the right to request, at any time, documentary evidence of age and of identity, and to suspend or terminate without notice any Account for which such evidence cannot be produced. 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 shall be deleted in accordance with the Data Retention Policy.

II.2 Membership Categories

The Portal recognises several categories of access, which may be modified by the CMA from time to time:

• Luxembourg-based Members (residents or nationals): full access to the Services subject to the relevant access rules and verifications.
• International Members: access to a defined sub-set of Services, as determined by the CMA on the basis of objective and proportionate criteria.
• Non-Members: limited access to the public-facing pages of the Portal (in particular public artist directories and information pages), without authentication.

The CMA reserves the right to 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. The creation of multiple Accounts in order to circumvent a restriction, a sanction, or any limitation of access is strictly prohibited and constitutes a serious breach of the present Terms.

III. Account Security and User Responsibilities

III.1 Credentials

The User is responsible for choosing a strong and unique password and for maintaining the confidentiality of their authentication credentials. The User undertakes not to share their credentials with any third party and not to 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. The User acknowledges that this mechanism relies on the integrity of the User's e-mail account; accordingly, the User undertakes to keep that e-mail account itself protected by appropriate access controls. The CMA may, in the future, propose additional or stronger second-factor methods, and may impose two-factor authentication for certain operations or certain categories of Member where this is 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, without limitation: rate limiting, temporary lock-out of the Account 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 profile: creation, modification and deletion of a personal profile, with privacy settings allowing the Member to control the visibility of certain information.
• Artist / band EPK: creation and management of solo or collective project pages, including biography, photographs, video links, links to streaming services, social media links, and contact information.
• Community directory: consultation, search and filtering of Members and EPKs who 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.
• Creative Spaces: application for a Room subscription, individual booking of available Room slots, and request for use of performance spaces, governed by the Booking Terms.
• Events & Ticketing: registration to free events organised by the CMA and access to ticketing for paid events, governed by the Ticketing Terms.
• Learning resources: consultation of educational and informational resources made available by the CMA or by its partners.
• Opportunities: consultation of, and where applicable application for, performance opportunities published on the Portal.
• Notifications and feedback: reception of operational notifications and submission of feedback or bug reports.

The CMA reserves the right to 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 EPK

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 EPK. The Member 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 EPK, they hold all the necessary rights, authorisations and licences, in particular: the rights of the author and of the producer of the work; the rights of any performer appearing in or audible on the recording; the right to image of any person identifiable on the media; and any rights of collective management societies that may apply.

For each band or collective EPK, the Member who acts as the administrator of the EPK 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 EPK.

V.3 Public and Private EPKs

The Member may choose to render an EPK public (and therefore accessible to non-authenticated Internet users) or private (accessible only to authenticated Members or to a defined sub-set thereof). When choosing to render an EPK public, the Member acknowledges that the public Content may be indexed by general search engines and may be reproduced or cited by third parties in the conditions provided by applicable law.

V.4 EPK Ownership Transfer

Where the administrator of an EPK ceases to be active in the project, the administration of the EPK may be transferred to another identified member of the project, on the terms of the procedure made available on the Portal. The CMA may, at the substantiated request of the project members and after appropriate verification, transfer the administration of an EPK 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 that they upload, publish or transmit on the Portal. The User is solely responsible for the Content that they publish, including its lawfulness, its accuracy and its respect for the rights of third parties.

VI.2 Licence Granted to the CMA

By publishing or uploading Content on the Portal, the User grants the CMA a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, format, adapt for technical purposes (in particular compression, resizing, conversion of formats), distribute and communicate to the public the said Content, 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, to the public-interest mission of the CMA and to the music community of Luxembourg, on channels operated by or on behalf of the CMA, and subject to 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 to a third party, 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 is granted 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, reposted or otherwise disseminated by other Users in accordance with the present Terms, in which case the licence subsists for the necessary technical operations of the Portal; and (ii) for any retention required by law, by a regulatory obligation or by 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 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.

All Content submitted to the post board (community classified board) is screened before publication by an automated content-safety classifier (Anthropic Claude, operated under a Zero Data Retention arrangement). Content that the classifier identifies as clean is published automatically. Content that the classifier flags is held in a moderation queue and reviewed by a human Rocklab administrator before any decision becomes final. The User retains the right to be informed of, and to contest, any restriction or removal decision in accordance with section VI.5 below, 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.

In accordance with Article 20 of the DSA, 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 CMA who were not involved in the initial decision. The CMA shall reverse a decision without undue delay where the complaint contains sufficient grounds to consider that the original decision was not well-founded.

Where the CMA designates a trusted flagger within the meaning of Article 22 of the DSA, notifications submitted by such trusted flagger acting within their designated area of expertise shall be treated with priority and without undue delay.

The submission of notifications or complaints which are manifestly unfounded or repeatedly abusive may, in accordance with Articles 23 of the DSA, lead to the suspension of the processing of subsequent notifications or complaints from the same person, after a prior warning has been issued.

VI.6 Transparency

The principal grounds for moderation, the nature of the measures that may be taken in respect of Content, and the procedural safeguards described in sections VI.4 and VI.5, constitute the policy of the CMA on the moderation of Content within the meaning of Article 14(1) of the DSA. The CMA undertakes to make publicly available, at least once per year, a report on the moderation activity carried out on the Portal, in accordance with Article 15 of the DSA.

VIII. Community Directory and Networking

The community directory allows Members who have so chosen to be visible to other Members of the Portal, and to be searched and filtered by criteria such as role, instrument or musical genre. The visibility of a Member in the directory is governed by the privacy settings of the personal profile, which the Member may modify at any time.

The information accessible through the directory is communicated for the strict purpose of professional and artistic networking within the community. It may not be collected, extracted, automatically processed or reused for any other purpose, including, without limitation, for the constitution of databases, for marketing prospecting, for unsolicited commercial offers or for any purpose contrary to applicable data-protection law.

The Portal may offer functionalities allowing Members to contact one another. The Member who initiates 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.

IX. Community Activity Feed and Reactions

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 that they have published. The CMA may, on its own initiative or upon notification, remove any element of the activity feed contrary to the present Terms or to the Code of Conduct.

X. Organisations Directory and Expert Tagging

Organisations. Members may submit, for review by the CMA, proposals for the inclusion of music organisations or partners in the Organisations directory of the Portal. The submission of a proposal 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 the basis of objective criteria and may accept, refuse or modify a proposal. Any organisation listed may, at any time, request its removal from the directory by writing to rocklab@rockhal.lu.

Expert tagging. The CMA may, for the purposes of the operation of certain Services and of related programmes, identify Members or non-Members as experts on a given topic or for a given activity. Such identification is implemented in accordance with the principles of transparency and minimisation of personal data. Members shall be informed of the proposed identification prior to its publication and shall be given a reasonable opportunity to object; absent objection within the time indicated in the notification, the tag may be applied. 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 to the Portal images and other media in the formats and within the size limits indicated by the upload interface or otherwise communicated. The CMA reserves the right to refuse, to compress, to resize, to convert or to remove any uploaded file which exceeds the technical limits, which presents a security risk, which is in an unsupported format, or which contains, in whole or in part, manifestly unlawful Content.

The CMA implements reasonable measures to preserve the integrity and the availability of the files uploaded to the Portal. However, the CMA does not guarantee the perpetual conservation of the files and recommends that the User retain a personal copy of any file of which the loss would prejudice them. The CMA may delete files associated with an Account that has been terminated, 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 set out 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 the purposes of ticketing (Ticketmatic), payment processing (Worldline or another payment service provider), hosting of media, e-mail delivery, anti-abuse, video, music streaming and analytics. The use of certain Services may require the acceptance of the terms of use and of the privacy notices of these third parties.

The CMA selects its third-party providers with care and undertakes to subject the processing of personal data carried out by them to appropriate contractual safeguards, in accordance with the Privacy Policy. The CMA may not, however, be held responsible for the conduct, the availability, the security or the 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 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 external sites under their own responsibility.

XIV. Intellectual Property of the Portal

The Portal, including its software, its source code, its graphic design, its trademarks (in particular “Rocklab”, “Rockhal”, “CMA”), its logos, its texts, its illustrations, its databases and its 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 the present Terms transfers to the User any right of ownership in respect of 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 the present Terms.

Any reproduction, representation, modification, publication, transmission, denaturation, 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

The processing of personal data of the User in the context of the use of the Portal is carried out in accordance with Regulation (EU) 2016/679 (“GDPR”) and with the applicable Luxembourg legislation. The detailed information regarding the categories of data, the purposes, the legal bases, the recipients, the retention periods and the rights of the data subjects is set out in the Privacy Policy and in the Data Retention 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 addressed 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 the following closed list: (a) security and authentication notices (including 2FA codes, login alerts, password reset, suspected compromise); (b) confirmation, modification or cancellation of a booking, of a subscription, of an event registration or of a ticket purchase; (c) invoicing and payment notices; (d) notification of material changes to the present Terms, to the Privacy Policy or to the other documents incorporated into them; (e) any notice required by law or by a competent authority.

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 to make reasonable efforts to make the Portal accessible 24 hours a day, 7 days a week. However, the access to the Portal is provided on a “best efforts” basis (obligation de moyens). The CMA does not guarantee a continuous and uninterrupted availability and may, in particular, be obliged to suspend access for the needs of maintenance, of evolution, of correction of incidents or for any reason of security or of force majeure.

The CMA shall, where reasonably possible, inform the 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, end their Account through the dedicated functionality of the Portal or by writing to rocklab@rockhal.lu. Two options are offered in the Portal: Deactivate My Account, which preserves the User's data during a 6-month grace period and allows self-serve reactivation by logging back in (after which the User is prompted to confirm reactivation), and Delete My Account, which immediately anonymises the User's personal data without a grace period. After the 6-month deactivation grace period has elapsed, the Account is permanently anonymised by an automated process. The processing of personal data following either action is carried out in accordance with the Data Retention Policy.

XVIII.2 Suspension or Termination by the CMA

The CMA may suspend the access of the User to the Portal or terminate their 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 Booking Terms, of the Ticketing Terms 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 exceeding three (3) years; in such case, the CMA shall make reasonable efforts to inform the User by e-mail before any termination on this ground, in order to allow the User to reactivate the Account.

In the event of suspension or termination, certain Content of the User may continue to be visible (in particular where it has been incorporated into community activity, where it is necessary for the technical operation of the Portal, where it is necessary for the protection of the rights of third parties, or where retention is required by law). The author of a soft-deleted post may, in particular, be displayed as “Deleted User”.

XIX. Warranties and Limitation of Liability

XIX.1 Exclusions to Liability Limitations

Nothing in the present Terms shall limit or exclude the liability of the CMA in respect of: 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 the laws of the Grand Duchy of Luxembourg, in particular under the rules protective of consumers.

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, of defect or of interruption, that it will satisfy a particular need of the User, or that the Content published on the Portal by other Users or by third parties is accurate, lawful, of professional quality or fit for a particular purpose.

XIX.3 Liability Cap

Subject to section XIX.1, 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 whatsoever (contractual, tortious, or otherwise), shall not exceed:

• for paid Services (in particular Room subscriptions or paid bookings): the total of the sums actually paid by the User in respect of the relevant Service in the twelve (12) months preceding the event giving rise to the claim;
• for free Services: one hundred euros (EUR 100).

XIX.4 Indirect and Consequential Loss

Subject to sections XIX.1 and XIX.3, the CMA shall in no event be liable for any indirect or consequential loss, in particular: loss of profit, loss of revenue, loss of artistic or commercial opportunity, loss of clientele, loss of data or loss of reputation.

XIX.5 Liability for Content of Other Users

In respect of Content provided by Users (in particular EPK descriptions, Post Board posts, community activity 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, as amended, and of Articles 4 to 6 of the Digital Services Act. As such, the CMA may not be held liable for the Content provided by Users save where, having actual knowledge of the illegal character of a Content or of activity, it has failed to act expeditiously to remove the Content or to disable access to it. The CMA is under no general obligation to monitor the Content it stores or to actively seek facts or circumstances indicating illegal activity.

In respect of editorial content authored by the CMA itself or commissioned by it (in particular institutional pages, learning resources prepared by the CMA, FAQs, programme information and editorial newsletters), the CMA acts as a publisher and assumes the corresponding responsibility under the ordinary rules of 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 Booking Terms. Claims arising from a ticket purchase or from an event registration are governed exclusively by the Ticketing Terms. 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 undertakes to indemnify the CMA, its representatives, its staff and its agents against any claim, demand, action or proceedings brought by a third party against the CMA, as well as against the corresponding damages, losses, costs and reasonable expenses (including reasonable lawyers' fees) finally awarded by a competent court or agreed to in a settlement, where such 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 the claim without the prior consultation of the User, and shall give the User a reasonable opportunity to participate in the defence. The present 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. The present indemnification obligation survives the termination of the Account and of the present Terms.

XXI. Assignment, Severability, Entire Agreement

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

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

Entire agreement. The present Terms, together with the documents to which they refer 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 or understanding on the same subject. The fact that the CMA does not avail itself, at a given time, of any provision of the present Terms shall not be interpreted as a waiver of the right to do so subsequently.

XXII. Modification of the Terms

The CMA reserves the right to modify the present Terms, in particular to take account of changes to the Services, to applicable law, to court decisions or to operational practices. The CMA shall distinguish between non-material updates and material modifications.

Non-material updates (in particular corrections of typographical errors, updates of contact details, of references to external resources or of section numbering) enter into force as soon as they are published on the Portal.

Material modifications are notified to the User by an in-Portal notice and by an e-mail to the address associated with the Account, at least thirty (30) days before they enter into force, save where a shorter notice period is required by law or by an order of a competent authority. The notification shall summarise the principal changes and shall indicate the date of entry into force.

A User who does not agree with the material modifications may, before the date of entry into force, terminate their Account free of charge in accordance with 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 shall be entitled to a refund of the pro-rata portion of the sums paid in respect of the period of the subscription or of the booking subsequent to the date of effective termination, save where the User chooses to maintain the subscription or the booking under the previous version of the Terms until its scheduled end. Continued use of the Portal after the entry into force of the material modifications 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 the present Terms, by exchange in good faith for a period of thirty (30) days from the 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 indicated in section XXV.

In accordance with Articles L.422-1 et seq. of the Luxembourg Code de la consommation (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: [PLACEHOLDER: name, postal address, e-mail and website of the registered Luxembourg consumer mediator to be designated by the CMA, such as the Service de médiation pour les consommateurs of the Grand Duchy of Luxembourg, the European Consumer Centre Luxembourg (CEC Luxembourg), or any sectoral mediator]. Recourse to mediation does not preclude judicial proceedings and is without prejudice to the rights of the User.

XXIV. Applicable Law and Jurisdiction

The present Terms are governed by, and shall be construed in accordance with, the laws of the Grand Duchy of Luxembourg, without regard to the rules of conflict of laws and subject to the mandatory rules protective of consumers in their country of habitual residence under Article 6 of Regulation (EC) No 593/2008 (“Rome I”). Any dispute relating to the formation, the interpretation, the performance or the termination of the present Terms shall fall under the exclusive jurisdiction of the courts of Luxembourg.

By way of derogation from the preceding paragraph, where the User is a consumer domiciled in another Member State of the European Union, in accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012 (“Brussels Ia”), 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.

The present General Terms and Conditions of Use are valid as from April 2026.

XXV. Contact