4.1 Role and positioning of LineUp

LineUp provides a digital Platform enabling in particular the creation, management, promotion and sale of Tickets for Events, as well as the matching of Organizers, Clients and, where applicable, Physical Service Providers.

LineUp acts exclusively as a technical service provider, a digital intermediary and, where applicable, a collection agent, acting in the name and on behalf of Organizers for certain strictly technical operations, in particular the collection and payout of funds.

LineUp does not take part in any way:

In the material organization of Events,
In the definition of access conditions,
In crowd management,
In security,
In the provision of physical services,
In the substantive contractual relationship between the Organizer and the Client.

LineUp assumes no obligation other than those expressly set out in these Terms of Use and is bound only by a best-efforts obligation, to the exclusion of any obligation to achieve a result.

4.2 Obligations of LineUp

LineUp undertakes to:

Provide a functional Platform enabling the publication of Events, the sale of Tickets and the matching of the Parties;
Ensure reasonable and secure access to the digital services offered, subject to the interruptions provided for in section 4.7;
Provide technical ticketing, access control and sales management tools;
Pay out the funds collected in accordance with the contractually agreed terms, subject to the timeframes imposed by the payment service providers;
Inform Users of any significant change to the features or prices, with reasonable notice, in particular in the event of a change to the applicable commissions.

LineUp is bound by a best-efforts obligation, not an obligation to achieve a result.

4.3 Operation and obligations for Organizers

4.3.1 Creation and management of Events

The Organizer is solely responsible for the compliance of the Event, the safety of participants, the reception of attendees and the proper running of the event.

Refunds: in the event of cancellation, the Organizer is obliged to refund the Sale Price of the Ticket to Clients (unless otherwise stipulated). If the funds have already been transferred out of its dedicated payment account, the Organizer undertakes to replenish its account without delay so that refunds can be made.
Fraud and misleading descriptions: it is strictly prohibited to organize "fake" Events or Events that do not correspond to the description provided at the time of purchase of the Ticket. In the event of a legitimate suspicion of fraud or deception, LineUp may require additional supporting documents. If doubts persist, LineUp may permanently suspend the Organizer Account without notice or compensation, without prejudice to any other legal remedies.
Nature of Events and editorial line: the Organizer acknowledges that LineUp is an event discovery platform. It undertakes to use the Platform fairly. LineUp reserves the right to delist any Event deemed inconsistent with its offering, in particular:
- Events unrelated to the Platform's editorial line;
- Free Events without access control;
- Events of a strictly private nature or of no interest to the user community;
- Sexually explicit content or content likely to offend public sensibilities.

The Organizer is solely responsible for the accuracy and completeness of the information appearing on the page of the Event published on the Platform, in particular:

Descriptions,
Visuals,
Schedule,
Prices,
Access conditions.

It warrants that the information is accurate, complete and compliant with the applicable regulations.

4.3.2 Legal and regulatory responsibilities

The Organizer undertakes to keep the access codes to its Organizer Account strictly confidential. It shall not disclose them to any third party, except to persons having the skills and authorizations required to organize Events, market Tickets, use the Services (including financial services) and bind the Organizer. Any action carried out from the Organizer Account is deemed to have been carried out by the Organizer or by a representative duly authorized by it.

The Organizer undertakes and warrants to LineUp as follows:

Compliance with legal and tax obligations: the Organizer undertakes to comply scrupulously with the laws and regulations in force, in particular its reporting, tax and social security obligations. On simple request from LineUp, the Organizer must provide:
- Proof of its insurance cover (professional liability insurance);
- The information required for invoicing;
- Any document proving its legal compliance in its country of registration.

Sanction: if these documents are not provided, LineUp reserves the right to terminate the Agreement immediately, without notice or compensation.

The Organizer is solely responsible for the visuals, texts and content used to promote its Event. It warrants that it holds the necessary intellectual property rights.
The Organizer shall not use LineUp's communication tools to promote competing ticketing services (it is prohibited to include links to other ticketing services).
Advertising pixel: an Organizer who enters the identifier of a Meta pixel undertakes to comply with Meta's terms and the applicable regulations with respect to its use of the data thus collected. LineUp triggers this pixel only on the Organizer's pages, and only with the visitor's consent.
The Organizer undertakes to include on the Tickets all mandatory legal information as well as the practical information required to access the Event.
The Organizer is required to declare the income from its sales on the Platform to the tax authorities.
- Resources: Organizers are invited to consult the official websites to find out about their obligations (e.g. impots.gouv.fr / urssaf.fr for France; SPF Finances / ONSS / Crossroads Bank for Enterprises for Belgium; Revenu Québec for Quebec/Canada).

Any breach of the above obligations may result in the delisting of Events, as well as the suspension or immediate termination of the Organizer Account, without prejudice to any other remedy or claim for damages by LineUp.

4.3.3 Eligibility conditions and creation of the Organizer Account

The use of the "Organizer" features (creation of Events, sale of Tickets) is strictly reserved for natural persons of legal age (18 years or over) with legal capacity, or for natural persons legally representing a legal entity (company, association), having a regular legal and tax status allowing the organization of events on a professional basis.

The Organizer accepts these Terms of Use without reservation. It undertakes to provide accurate, complete and up-to-date information:

For Organizers established in France: the trade name, the SIRET number, the company name, the address of the registered office, the intra-Community VAT number (where applicable) and a valid bank account identification (RIB).
For Organizers established abroad (in particular Quebec/Canada): the Organizer must provide the local equivalents of the above documents allowing the business to be identified (e.g. NEQ number in Quebec, certificate of registration), the business address, and the bank details allowing international transfers.
For Organizers established in Belgium: the enterprise number (Crossroads Bank for Enterprises – CBE), the company name, the address of the registered office or of the business unit, the intra-Community VAT number (format BE + 10 digits, where applicable), and a valid bank account number (IBAN).
For Organizers established in New Caledonia: the RIDET number, the company name, the legal form, the address of the registered office and, where applicable, the registration number with the Nouméa Trade and Companies Register. The Organizer also completes the verification procedure (KYC/KYB) of the applicable Payment Service Provider, under the conditions set out in the New Caledonia Annex.

The Organizer undertakes to provide LineUp, on first request and without delay, with any supporting document (Kbis extract or extract from the Crossroads Bank for Enterprises for Belgium, certificate of status, identity document of the representative) required to validate its account.

The Organizer represents and warrants that it has taken out a professional liability insurance policy with a reputably solvent insurance company. This insurance must cover all the risks related to its business, the organization of Events and the sale of Tickets. The Organizer undertakes to keep this cover active for the entire duration of its use of the Platform.

Full access to the features (in particular the transfer of ticketing proceeds) is subject to the final validation of the Organizer Account by LineUp.

If the supporting documents proving a compliant legal and tax status are not provided within thirty (30) days of the registration request, LineUp reserves the right to suspend the Organizer Account. LineUp may refuse any registration or close, without compensation, any Account that does not meet the eligibility conditions or the tax obligations, or in the event of proven fraud.

Associations, collectives and natural persons organizing an Event on a non-professional basis may create an Organizer Account, provided they are of legal age and declare their non-professional status upon registration. This status is displayed on the Event page, in accordance with Article L.111-7 of the French Consumer Code. The non-professional Organizer remains bound by the obligations of this section, with the exception of those that require registration or professional insurance, and is solely liable for the tax and social security consequences of its activity.

4.3.4 Clients' personal data

The Organizer undertakes to use Clients' data (in particular name, e-mail and telephone number) only for the purposes of managing the Event, unless the Client expressly consents to other purposes; not to assign, rent or sell them; to ensure their security and confidentiality; to delete them no later than twelve (12) months after the Event, unless required by law; to handle Clients' requests to exercise their rights; and to notify LineUp without delay of any data breach.

LineUp processes these data on the documented instructions of the Organizer, as a processor, in accordance with Article 28 of the GDPR and section 18.3 of the Act respecting the protection of personal information in the private sector (Quebec). The conditions of this processing are set out in the Data Processing Agreement in Annex 1, which forms an integral part of these Terms of Use and which the Organizer accepts when creating its Account.

4.4 Operation and obligations of Buyers / Users

4.4.1 Access to the Platform

Access to the Platform is open to any person aged at least sixteen (16). A minor under the age of sixteen may create an Account or purchase a Ticket only with the authorization of the holder of parental authority, who is responsible for his or her use of the Platform. LineUp may request proof of age or authorization and suspend any Account created in breach of this provision. Some features may be accessible without creating an Account, while others require prior registration.

The Client undertakes to:

Provide accurate information,
Use the Platform on a strictly personal basis,
Not divert the Platform for unauthorized commercial purposes,
Comply with applicable laws and regulations.
Keep his or her login credentials confidential and inform LineUp without delay of any unauthorized use of his or her Account; any action carried out from the Account is deemed to have been carried out by its holder.

LineUp reserves the right to restrict or suspend access to the Platform in the event of abusive or fraudulent conduct or conduct contrary to these Terms of Use.

4.4.2 Purchase of tickets

The purchase of a Ticket through the Platform constitutes the conclusion of a direct contract between the Client and the Organizer.

The Client expressly acknowledges that:

LineUp is not a party to that contract,
LineUp is not responsible for the performance of the Event,
The content, programme, quality and conditions of the Event are the sole responsibility of the Organizer.

The price of the Ticket is freely set by the Organizer and may be changed by the Organizer before the final sale, under the conditions provided for by the applicable regulations.

4.4.3 Use and validity of the ticket

The Ticket constitutes a personal right of access, valid only for the Event concerned, on the date and under the conditions defined by the Organizer.

The Client is solely responsible:

For keeping the Ticket safe,
For the confidentiality of any associated code or QR code,
For presenting the Ticket at the entrance to the Event.

LineUp does not guarantee:

The actual admission of the Client,
The validity of a Ticket used fraudulently,
The recognition of a Ticket that has been altered, copied or presented late.

The Client undertakes and warrants:

Not to duplicate the Ticket;
To present the Ticket only once at the access control, unless otherwise stipulated, and accepts that Organizers treat the first person presenting the Ticket at the access control as its legitimate holder;
To present an identity document if requested by the Organizer;
Not to purchase Tickets for the sole purpose of reselling them and to stay within the number of Tickets indicated by the Organizer on the Event page;
Not to use fraudulent bank cards. If the Client suspects fraudulent use of his or her card, the Client shall inform LineUp without delay and undertakes to provide all relevant information for this purpose.
Not to make any abusive claim of non-receipt of the Ticket, in particular any manoeuvre intended to make it appear that he or she did not receive the Ticket or did not personally purchase the Ticket. If the Ticket is not received, the Client shall inform LineUp without delay and undertakes to provide all relevant information for this purpose;
To acknowledge that the Organizer is solely responsible for the proper running of the Event and alone decides on the refund terms in the event of cancellation or postponement. Refunds, even when facilitated by LineUp, are initiated by the Organizer under the conditions set out in section 4.11 and in the Terms of Sale.

Any failure by the Client to comply with his or her obligations under the Terms of Use may result in the suspension and/or termination of the Client Account and the cancellation of the Tickets held by the Client, where applicable. This provision does not exclude any other remedy available to LineUp. Where a Ticket is resold outside the Platform, LineUp reserves the right to cancel the Ticket sold and to take all appropriate measures to protect Clients against the fraudulent resale of Tickets.

4.5 Physical Services

Where the Platform enables Users to be put in contact with Physical Service Providers, LineUp acts exclusively as a technical intermediary.

Physical Service Providers:

Contract directly with Organizers or Clients;
Remain solely responsible for the performance of their services;
Are responsible for their insurance, authorizations, qualifications and legal obligations.

LineUp does not take part in the material performance of the Physical Services and cannot be held liable for:

A failure to perform a service,
Bodily injury or property damage,
A contractual dispute between Service Providers and Clients.

4.6 Limitation of LineUp's liability

LineUp shall not be held liable in the event of:

Cancellation, postponement or modification of an Event;
Wrongful conduct of an Organizer, Service Provider or Participant;
Loss, theft or fraudulent use of Tickets;
Failure of telecommunications networks or the Internet;
Failure of payment service providers (Stripe or equivalent);
Force majeure or an event beyond its control.
Indirect damages,
Loss of revenue,
Loss of data,
Disputes between Users.

With respect to Organizers, Physical Service Providers and Professional Clients, LineUp's financial liability is strictly limited to the amount of the fees and commissions actually received for the Event concerned.

Except in the case of gross negligence, wilful misconduct or bodily injury, and subject to applicable mandatory provisions, LineUp's overall financial liability towards an Organizer or a Physical Service Provider, on any grounds whatsoever, is limited to the total amount of the Commissions actually received by LineUp from that party during the twelve (12) months preceding the event giving rise to the damage.

The exclusions and limitations provided for in this section do not apply to the Consumer Client. With respect to the Consumer Client, LineUp is liable, under the conditions provided for by the applicable law, for damage resulting from a breach of its own obligations under the Services, and these Terms of Use may not remove or reduce the Consumer Client's right to compensation (Article R.212-1 of the French Consumer Code, Article VI.83 of the Belgian Code of Economic Law and section 10 of the Quebec Consumer Protection Act). LineUp is not, however, liable for the performance of the Event or the Physical Services, which are the responsibility of the Organizer and the Service Providers.

4.7 Suspension – interruption – maintenance

LineUp reserves the right to:

Temporarily suspend access to the Platform for maintenance, updates or security;
Restrict or suspend an Account in the event of non-compliance with the Terms of Use or fraudulent conduct;
Interrupt all or part of the Services in the event of a legal, technical or regulatory risk.

4.8 Changes to the Services and Prices

LineUp reserves the right to change:

The features of the Platform;
The Services offered;
The pricing models and commissions.

Any change in prices will be subject to reasonable notice, generally set at 30 days, except in the event of legal or regulatory urgency.

4.9 Counterfeit tickets, fraud and abuse

LineUp implements technical tools intended to limit fraudulent use, without guaranteeing the total absence of fraud.

The Client acknowledges that:

Tickets may be copied or resold without LineUp's authorization,
The identification of the Ticket holder falls exclusively within the control exercised by the Organizer.

Responsibility for detecting, managing and handling counterfeit Tickets lies exclusively with the Organizer, including in the event of a dispute at the entrance or after the Event.

In the event of proven fraud or manifestly fraudulent Orders, in particular where misappropriated means of payment are used or Tickets are acquired by automated means, LineUp may cancel the Orders concerned, invalidate the corresponding Tickets and refund them or have them refunded, without these measures giving rise to any liability on its part towards the Organizer or the Client.

4.10 Access control and Ticket scanning

LineUp may provide a Scan tool allowing the technical verification of Tickets.

This tool:

Depends on external technical factors (network, hardware, environment),
Requires use in accordance with the instructions provided,
Does not guarantee the absence of errors or unavailability.

The Organizer remains solely responsible for:

The final admission decision,
The management of participant flows,
Compliance with safety and capacity rules.

LineUp cannot be held liable for a refusal of access resulting from misuse of the Scan tool or from a technical failure beyond its control.

4.11 Cancellation, resale of Tickets, refunds and repurchase at the Client's initiative

LineUp assumes no financial obligation of its own in the event of cancellation or postponement, and cannot be held liable for any loss suffered by the Client as a result of a decision taken by the Organizer.

4.11.1 Resale system through the Platform

Clients do not have a right of withdrawal for Tickets. However, LineUp provides a built-in resale system allowing a Client wishing to obtain a refund to place his or her Ticket for resale on the Platform.

It works as follows:

The Client requests that his or her Ticket be placed for resale through the Platform;
- The Ticket is placed pending resale. As long as no buyer has come forward, the Ticket remains valid and the Client retains his or her right of access to the Event;
- The resale becomes final only when a new Buyer purchases a Ticket for the same Event through the Platform;
- Once the resale is effective, the former Ticket is destroyed and a new Ticket is issued to the new Buyer.

LineUp does not guarantee that a buyer will come forward. If no buyer repurchases the Ticket before the date of the Event, the resale is cancelled and the Client keeps his or her original Ticket.

4.11.2 Fees applicable to resale

The resale of a Ticket through the Platform gives rise to the collection of fees by LineUp:

Resale fees are charged to the Selling Client, deducted from the amount paid out to him or her;
- Repurchase fees may be charged to the new Buyer, added to the purchase price of the Ticket.

4.11.3 Amount paid out to the Selling Client

In the event of an effective resale, the Selling Client receives the following amount:

Amount paid out = Total Price of the Ticket originally paid – initial Service Fees – LineUp resale fees.

LineUp and its payment service provider (Stripe) undertake to pay out the amount due to the Selling Client within a period not exceeding ten (10) business days following the effective resale, to the means of payment originally used to purchase the Ticket.

4.11.4 Refund in the event of cancellation of the Event by the Organizer

In the event of the total cancellation of an Event decided by the Organizer, the refund is made under the following conditions:

The Client is refunded all the sums paid: Sale Price of the Ticket, Service Fees and, where applicable, Voluntary Contribution;
LineUp returns to the Organizer the Service Fees, the Commission and the deduction from the Voluntary Contribution provided for in section 5.4.3 received on the refunded Orders, after deduction of the payment processing fees charged by the Payment Service Provider, which are non-refundable. These processing fees are the only cost of the cancellation borne by the Organizer; the Organizer authorizes LineUp to recover them by set-off against the funds due to it through the Payment Service Provider, or by any other legal means;
The refund is initiated by the Organizer using the tools provided by LineUp. LineUp facilitates the technical process but assumes no financial obligation of its own.

The amount refunded to the Client = Total Price paid, including the Voluntary Contribution.

4.11.5 Client's liability and undertakings

A Client who uses the resale system undertakes and warrants:

To be the legitimate holder of the Ticket placed for resale and to have acquired it lawfully;
- Not to divert the resale system from its purpose, in particular by reselling the Ticket at a price higher than the initial Total Price outside the Platform;
- Not to use automated means to manipulate the resale system.

Any failure to comply with these obligations may result in the suspension and/or termination of the Client Account, without prejudice to any other remedy that LineUp may exercise.

4.11.6 Postponement of the Event

In the event of postponement, the Organizer shall inform LineUp and the Clients of the new date without delay. Unless otherwise required by mandatory law or a more favourable policy of the Organizer, the Tickets remain valid for the new date.

In the event of a second postponement, or where the new date is more than six (6) months after the original date, the Client may request a refund of the Sale Price of his or her Ticket, which the Organizer is obliged to grant. The Service Fees and the LineUp Commission remain acquired by LineUp, and no new Service Fees are charged for the reissue of the Ticket.

The Organizer is informed that postponement does not suspend the chargeback timeframes applicable with the issuing banks and that it bears the consequences thereof.

4.11.7 Cessation of the Organizer's activity

In the event of the cessation of activity, death, opening of insolvency proceedings or disappearance of the Organizer while sales are ongoing, LineUp may immediately suspend the sale of Tickets for the Event concerned and inform the Clients. Tickets already sold remain governed by the obligations of the Organizer or its successors, LineUp assuming no financial obligation of its own in this respect.

4.12 Payments and payment service providers

Payments are processed by third-party providers.

LineUp does not guarantee:

The continuity of the payment service,
The absence of disputes or chargebacks,
The absence of temporary holds on funds.

In the event of a dispute, fraud or a request from the authorities, LineUp may suspend any payout without incurring liability.

4.13 Tax obligations

Each Organizer is solely responsible for:

Identifying the applicable taxes,
Collecting them,
Declaring them.

LineUp acts only as a technical intermediary and provides no tax advice.

4.14 International use – Events taking place outside the European Union

Where the event takes place outside the European Union, the Organizer warrants that it complies with all local laws, regulations and obligations applicable at the venue of the Event, in particular with regard to safety, taxation, administrative authorizations and the protection of the public.

LineUp acts exclusively as a technical intermediary, without exercising any control over the compliance of the Event with the applicable local rules.

Where the User acts as a consumer and benefits from mandatory legal provisions in his or her country of residence or in the country where the Event takes place, those provisions remain applicable, without this having the effect of extending LineUp's liability beyond its role as an intermediary.

For Events taking place in New Caledonia, the provisions of the New Caledonia Annex supplement this section, in particular with regard to the payment service provider, taxation, refunds and advance sales.

4.15 Suspension and preventive measures

LineUp reserves the right to suspend or restrict access to the Platform, hold funds or remove an Event in the event of a legal, technical or regulatory risk, or a breach of these Terms of Use.

4.16 Operation and obligations of service providers

4.16.1 Capacity and Legal Status Obligation

The Service Provider must warrant that it has the right to carry on its business.

The Service Provider undertakes to have a regular legal status (sole trader, company, umbrella company, etc.) allowing it to issue invoices.

It warrants that all the information provided upon registration (identity, Kbis extract or CBE extract for Belgium, insurance, diplomas if the profession is regulated) is accurate, up to date and truthful.

It undertakes to inform the platform immediately of any change affecting its capacity to carry on its business (e.g. deregistration, receivership, loss of licence).

4.16.2 Obligations relating to the Performance of the Assignment

Best-efforts and/or result obligation: depending on the nature of the service, the Service Provider is required either to do everything possible to succeed (best efforts) or to achieve a specific objective (result).
Conformity of the offer: the service delivered must strictly conform to the description given in the listing or the quote accepted by the Client.
Professional standards: the Service Provider undertakes to carry out its assignment in accordance with the standards of its profession, with diligence and competence.
Compliance with deadlines: it undertakes to comply with the schedule and delivery deadlines agreed with the Client.
Equipment and tools: unless otherwise agreed, the Service Provider supplies its own equipment required to perform the service.

4.16.3 Legal Liability and Insurance

Professional liability insurance: the Service Provider declares that it has taken out insurance covering the bodily injury, property damage and consequential loss it may cause in the performance of its assignment.
Full liability: the Service Provider is solely responsible for the proper performance of the service. The platform (often acting as a mere broker/intermediary) disclaims all liability in the event of defective work, delay or a dispute relating to the service itself.
Indemnification: the Service Provider undertakes to indemnify the platform for any loss (legal fees, fines) it may suffer as a result of a fault of the Service Provider.

4.16.4 Tax and Social Security Obligations

Payment of contributions: the Service Provider acknowledges that it is solely responsible for declaring and paying its social security contributions (URSSAF in France, ONSS in Belgium, or equivalent body) and its taxes (VAT, income tax) relating to the sums received through the platform.
Transparency: it undertakes to respond to any request from the platform to verify its tax compliance (e.g. certificate of compliance).
Invoicing mandate: if the platform issues invoices on behalf of the Service Provider, the latter must expressly accept this mandate and check the invoices issued.

4.16.5 Conduct and Ethics

Politeness and courtesy: the Service Provider undertakes to maintain a professional attitude in its (written and oral) dealings with Clients and the platform's teams.
Non-discrimination: it undertakes not to refuse any assignment on discriminatory grounds (race, religion, gender, disability, etc.).
Anti-harassment: any inappropriate behaviour, harassment or violence results in immediate exclusion.

4.16.6 Use of the Platform

Non-circumvention clause: the Service Provider shall not offer a Client met through the platform to carry out the assignment (or future assignments) outside the platform in order to avoid the service fees.
Account security: it is responsible for keeping its login credentials and passwords safe. Any action carried out from its account is deemed to have been carried out by it.

4.16.7 Confidentiality and Personal Data

GDPR compliance: as a processor or joint controller, the Service Provider undertakes not to use Clients' data (telephone, address, e-mail) for purposes other than the performance of the assignment.
Confidentiality: it undertakes to keep secret all confidential information (trade secrets, plans, internal documents) to which it may have access during its assignment with the Client.

4.17 Event photo Albums

4.17.1 How Albums work

The Platform allows the Organizer to publish, after the end of an Event, an Album containing photographs of that event. Albums work as follows:

An Album may contain up to two hundred and fifty (250) photographs and may be published only after the end of the Event concerned;
- The full Album is accessible to the Organizer's Subscribers;
- Four (4) thumbnails from the Album are visible to any User, including without an Account, on the Event page; the Organizer chooses these thumbnails from among the photographs in the Album and ensures that they do not depict an isolated or easily recognizable person, unless that person has expressly authorized it;
- The publication of the Album gives rise to a notification being sent to the holders of a Ticket for the Event concerned;
- The metadata of the photographs, in particular geolocation data, are removed when they are uploaded to the Platform. No facial recognition technology is used;
- The Album and all the photographs it contains are automatically and permanently deleted six (6) months after its publication, with no possibility of recovery.

LineUp provides no backup function for published photographs. It is up to the Organizer to keep the original files on its own media. LineUp cannot be held liable for the loss of photographs resulting from their deletion under the conditions of this section.

4.17.2 Organizer's undertakings

The Organizer, who is solely responsible for the selection and publication of the photographs, undertakes and warrants to LineUp as follows:

Copyright: to hold all the intellectual property rights in the photographs published, in particular the rights of the photographer who took them, whether an employee, a volunteer or a Physical Service Provider;
- Prior information of participants: to inform participants, before the Event, that photographs will be taken and published on the Platform, at a minimum by a notice on the Event page and by a visible sign at the venue of the Event; this information states at a minimum: that photographs will be taken and published on LineUp in an Album accessible to the Organizer's Subscribers, with four public thumbnails; that the Album is deleted six (6) months after its publication; that any person may request the removal of a photograph in which he or she appears by means of the "Report" button. LineUp provides a template text that the Organizer may use;
- Image rights: to respect the image rights and privacy of the persons photographed, in accordance in particular with Article 9 of the French Civil Code, articles 3, 35 and 36 of the Civil Code of Québec and Article XI.174 of the Belgian Code of Economic Law. The Organizer exercises particular caution with photographs in which a person is isolated or easily recognizable, and obtains that person's authorization where required; for Events taking place in Quebec or intended for participants residing there, the Organizer obtains the authorization of any identifiable person who is the main subject of a photograph, in accordance with article 36 of the Civil Code of Québec, prior information not being sufficient;
- Minors: not to publish any photograph in which a minor is recognizable without the prior authorization of the holder(s) of parental authority;
- Prohibited content: not to publish any unlawful photograph, or any photograph of a degrading, humiliating or sexual nature, or which infringes the dignity, honour or reputation of the persons depicted;
- Handling of reports: to examine diligently the reports forwarded to it and to act on them within a maximum of seventy-two (72) hours of receipt;
- Indemnity: to indemnify LineUp against any claim, action or judgment relating to the photographs published, under the conditions set out in section 10.4.
- Evidence: to keep proof of the authorizations obtained and the information provided, and to communicate it to LineUp on first request, in particular in the event of a report or claim.

The Organizer acts as the controller for the photographs it publishes, in accordance with section 9.3.2.

4.17.3 Limited licence for Albums

By way of derogation from section 10.3, the Organizer grants LineUp, for the photographs published in an Album only, a non-exclusive, royalty-free and worldwide licence, strictly limited to the following operations:

Hosting and storing the photographs;
- Reproducing and adapting them only to the extent necessary for their display, in particular by resizing and by creating thumbnails and blurred previews;
- Displaying them to the Organizer's Subscribers and, for the thumbnails, to any User on the Event page;
- Notifying their publication to the holders of a Ticket for the Event.

This licence is granted only for the period during which the Album is online and ends upon its deletion, for whatever reason. It does not authorize any use of the photographs by LineUp for communication, promotional or advertising purposes, except with the separate, prior written agreement of the Organizer, which then warrants that it holds the authorizations of the persons depicted.

4.17.4 Use of the photographs by Users

Users with access to an Album may view and download the photographs for strictly personal and private use. In particular, they are prohibited from:

Exploiting the photographs for commercial purposes;
- Republishing, distributing or modifying them in a way that infringes the rights, dignity or privacy of the persons photographed, or the rights of the photographer.

The User is solely responsible for the use he or she makes of the downloaded photographs.

4.17.5 Reporting and removal of photographs

Any person appearing in a photograph, or his or her legal representative, may request its removal by means of the "Report" button associated with the photograph or by writing to contact@lineup-event.com. The report is forwarded to the Organizer, with LineUp in copy.

The Organizer examines the report and, if it upholds it, removes the photograph within the period provided for in section 4.17.2. LineUp acknowledges receipt of the report to its author and informs him or her of the action taken within a maximum of fifteen (15) days.

In its capacity as a hosting provider, and in accordance with French Law no. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN) and Regulation (EU) 2022/2065 on a Single Market for Digital Services (DSA), LineUp may, without notice or compensation, itself remove or disable access to a photograph:

Where the photograph is manifestly unlawful, in particular where it infringes a person's dignity or depicts a minor in an inappropriate manner;
- Where the Organizer has not acted on the report within the period provided for in section 4.17.2;
- At the request of a competent administrative or judicial authority.

LineUp informs the person who made the report and the Organizer of its decision, stating the reasons for the decision. The Organizer may contest the decision by writing to contact@lineup-event.com.

4.17.6 Breaches

Any breach by the Organizer of the obligations of this section may result, in addition to the removal of the photographs concerned, in the deletion of the Album, the suspension of the Organizer's access to the Albums feature, and the measures provided for in sections 8.2 and 8.4.

4.18 Voluntary Contributions

4.18.1 Activation

The Platform allows the Organizer to offer Clients, when purchasing a Ticket, the option of paying a Voluntary Contribution. This feature is optional and is activated Event by Event. Its first activation constitutes acceptance of this section.

The amount of the Voluntary Contribution is freely chosen by the Client within the limits displayed on the Platform. No amount is pre-selected: the Client must enter or choose it by a positive action, separate from the validation of his or her Order.

4.18.2 Organizer's undertakings

An Organizer who activates the feature undertakes and warrants to LineUp as follows:

No consideration: not to make access to the Event, or any seating, benefit or service whatsoever, conditional on the payment of a Voluntary Contribution. Any sum conditioning access or a benefit constitutes a price and must be included in the Sale Price of the Ticket, with the tax and consumer law consequences attached thereto;
- Fair presentation: not to present the Voluntary Contribution as a donation giving entitlement to a tax reduction or tax credit, nor to use the terms "tax-deductible donation", "tax receipt" or equivalent, unless it is itself authorized to issue such receipts. LineUp issues no tax receipts. Any receipt issued by the Organizer is its sole responsibility;
- Tax and accounting: to bear sole responsibility for the tax and accounting treatment of the Voluntary Contributions received (in particular VAT, GST/QST, TGC, corporate income tax or non-profit regime), in accordance with section 5.5;
- Information to Clients: to use only the wording and description of the Voluntary Contribution provided or approved by LineUp, without adding any misleading statement about its use or beneficiary.

4.18.3 Collection, deduction and refund

The Voluntary Contribution is collected with the Order, in the name and on behalf of the Organizer, under the conditions of section 5.1, and is paid out to the Organizer by the Payment Service Provider, after deduction of the amount provided for in section 5.4.3. No Service Fees are charged to the Client on the Voluntary Contribution.

In the event of cancellation of the Event, the Voluntary Contribution is refunded in full to the Client under the conditions of section 4.11.4. In the event of resale of the Ticket, it remains attached to the original Order and is neither refunded nor transferred to the New Buyer.

4.18.4 Breaches

Any breach of this section may result in the deactivation of the feature for the Organizer concerned, the refund of the Voluntary Contributions to Clients at the Organizer's expense, and the measures provided for in sections 8.2 and 8.4.

4.19 Listing, ranking and moderation of Events

In accordance with Article 5 of Regulation (EU) 2019/1150 and Article L.111-7 of the French Consumer Code, LineUp informs Organizers and Users of the conditions for listing, ranking and delisting Events on the Platform.

4.19.1 Listing

Any Event created by an Organizer whose Account has been validated is listed on the Platform as soon as it is published by the Organizer, subject to its compliance with the editorial line described in section 4.3.1 and with these Terms of Use. Listing is free of charge and is not subject to any financial consideration.

4.19.2 Ranking

The order in which Events are displayed is determined by one main parameter: the date of the Event, with the Events whose date is nearest being displayed first. The filters chosen by the User (location, category, keyword search) narrow down the Events displayed without changing this order. No Organizer can obtain a better ranking in return for payment. LineUp holds no shareholding in the listed Organizers and receives no remuneration from them other than the Commission and the Service Fees provided for in section 5.

Where LineUp highlights certain Events (selection, editorial highlight), this highlighting is identified as such on the Platform.

4.19.3 Status of the Organizer

The page of each Event indicates whether the Organizer is acting on a professional or non-professional basis, based on the declaration made by the Organizer upon registration. Where the Organizer is a non-professional, the Client is informed that consumer law rules do not apply to his or her relationship with that Organizer.

4.19.4 Moderation

LineUp does not systematically check in advance the content published by Organizers. Moderation is based on the reports received (section 4.20), on spot checks carried out by LineUp's team and on automated payment fraud detection tools. No decision to remove content or to suspend is taken solely on the basis of automated processing without human intervention. Reasons are given for any measure taken, under the conditions of section 8.2.

4.20 Reporting of illegal content

Any person, whether or not holding an Account, may report to LineUp content published on the Platform that he or she considers illegal (Event, description, visual, photograph, profile, message), in accordance with Article 16 of Regulation (EU) 2022/2065 (DSA) and Article 6 of French Law no. 2004-575 of 21 June 2004 (LCEN). Reports are made by means of the "Report" button where available, or by e-mail to contact@lineup-event.com, which constitutes LineUp's single point of contact within the meaning of Articles 11 and 12 of the DSA, both for the authorities and for Users.

To be processed, the report must include: an explanation of the reasons why the content is considered illegal, the exact address or identification of the content, the name and e-mail address of the person making the report (except for content relating to the sexual exploitation of minors), and a statement confirming his or her good faith.

LineUp acknowledges receipt of the report without undue delay, examines it diligently and in a non-arbitrary manner, and notifies its reasoned decision to the person who made the report and to the User whose content is concerned. The decision states the facts alleged, the provision or legal rule applied, the measure taken (removal, restriction of visibility, suspension) and the means of contesting it. Manifestly unfounded or repeatedly abusive reports may result in the suspension of their author.

Photographs published in Albums are also subject to section 4.17.5.

4.21 On-site Sales

4.21.1 Principle

The LineUp mobile application allows the Organizer to sell Tickets at the venue of its Event. This feature is available to the Organizer and to the members of its team holding a role that entitles them to use it. Any sale made by one of them is deemed to have been made by the Organizer, in accordance with section 4.3.2. The first use of the feature constitutes acceptance of this section.

Payment is made, at the Organizer's option:

by the Client, on his or her own device, after scanning a QR code presented by the Organizer;
by Tap to Pay, on the Organizer's device, in the countries where this feature is offered.

The sale is concluded directly between the Organizer and the Client, in their presence. Where payment is made on the Client's device, the Terms of Sale are made available to the Client on the payment page. Where payment is made by Tap to Pay, it is up to the Organizer to inform the Client, before the sale, of the price, the Access Conditions and any special terms of its own. The provisions of the Terms of Sale relating to the Ticket apply under the conditions set out in section 3 thereof. Tickets sold on site are issued under the conditions of section 5.2.2.

4.21.2 Price and fees

During an On-site Sale, the Client pays the price announced by the Organizer. By way of derogation from section 5.2.1, no Service Fees are added to this price: the Service Fees and the LineUp Commission are deducted from the price paid and borne by the Organizer, of which the application informs the Organizer before each payment is taken. Their amount is determined in accordance with section 5.4.1. They appear on the Commission invoice for the Event and are subject to section 5.7.

4.21.3 Payment by Tap to Pay

Where payment is made by Tap to Pay, it is collected directly in the payment account opened in the Organizer's name with the Payment Service Provider. The Payment Service Provider's processing fees are deducted by the Payment Service Provider directly from that account, and not by LineUp.

In return, the Service Fees deducted by LineUp on a Tap to Pay sale are reduced by a flat amount corresponding to an estimate of those processing fees, based on the Payment Service Provider's public rates for a standard bank card from the Organizer's country. As the fees actually deducted by the Payment Service Provider vary according to the Client's means of payment (in particular a card issued abroad or a debit card), the total cost borne by the Organizer may differ slightly, upwards or downwards, from that of a QR code sale. No adjustment is made in this respect.

Chargebacks relating to a Tap to Pay sale are governed by section 5.6; their amount and the associated fees may be deducted by the Payment Service Provider directly from the Organizer's account.

The use of Tap to Pay is also subject to the terms of Apple and of the Payment Service Provider, which the Organizer accepts upon activation.

4.21.4 Open-price Entry

During an On-site Sale, the Organizer may sell an Open-price Entry, the price of which it enters at the time of sale, within the minimum and maximum limits set by the application.

The Open-price Entry is exclusively reserved for the sale of a right of access to the Event concerned. The Organizer shall not use it to collect any other sum, in particular the price of drinks, food, merchandise, a cloakroom or any other good or service, or any sum unrelated to the Event.

The Organizer is solely responsible for the amount entered, including in the event of error, and for the tax treatment of the sums collected. An error in the amount is settled directly between the Organizer and the Client, where applicable by a refund initiated by the Organizer.

The Open-price Entry is not subject to any quantity limit on the Platform and is not counted against the declared capacity of the Event. The Organizer remains solely responsible for compliance with the capacity of the venue and the applicable safety rules, in accordance with section 4.10. The Open-price Entry cannot be placed for resale through the Platform.

Any use that does not comply with this section may result in the suspension or termination of the Organizer Account under the conditions of section 8.

4.21.5 Client details and sales without an e-mail address

During an On-site Sale, the Organizer may enter the Client's name and e-mail address so that the Ticket is sent to the Client and attached to a LineUp Account, created on that occasion if none exists. The Organizer informs the Client of this before entering the details. These data are processed under the conditions of section 4.3.4 and of the Privacy Policy.

The Organizer may also make an On-site Sale without collecting the Client's e-mail address. In that case, no Ticket or proof of purchase is sent to the Client by LineUp, and an Open-price Entry sold in this way is recorded as validated as from the sale.

It is then up to the Organizer to provide the Client with any receipt, note or invoice required by the regulations applicable to it or requested by the Client.

4.21.6 Cancellation and refunds

Tickets sold on site are subject to the cancellation and refund rules of section 4.11. The refund covers the price actually paid by the Client. Where the sale was paid by Tap to Pay, the refund is deducted from the Organizer's payment account.

Terms of Use

1. DESCRIPTION OF THE PLATFORM

2. DEFINITIONS

3. CONTRACTUAL DOCUMENTS AND HIERARCHY

4. OBLIGATIONS AND LIABILITY

5. PAYMENTS – INVOICING – COLLECTION

6. CLIENTS' RIGHTS

7. AMENDMENT OF THE AGREEMENT

8. TERM – SUSPENSION – TERMINATION

9. PERSONAL DATA

10. INTELLECTUAL PROPERTY RIGHTS

11. GOVERNING LAW AND JURISDICTION

12. MISCELLANEOUS

ANNEX 1 – DATA PROCESSING AGREEMENT (ORGANIZERS)