Terms of Use

Terms of Use

These Terms of Use govern the access to, and use of the websites provided by Gen-Z Entertainment GmbH ("Pickaseat"), including all related services, features, and functionalities offered through the Pickaseat Website (“www.pickaseat.de”) and any other portal.

1. General Provisions

1.1. Applicability of Pickaseat Terms of Use

By using the Pickaseat Website users agree to comply with these Terms of Use.

2.1. Modifications to the Terms of Use

1.2.1. Pickaseat reserves the right to update or modify these Terms of Use as necessary to reflect changes in laws, technological advancements, or service improvements.

1.2.2. Users are expected to check Terms of Use from time to time, however, major changes may be communicated to users at least six weeks before taking effect. If a user does not object to communicated Terms of Use, the updated Terms of Use will be deemed accepted. Pickaseat will notify users of the significance of this objection period. If a user objects, Pickaseat reserves the right to restrict or terminate access to the website and its services.

2.2. Scope of Services

The Pickaseat Website provides users with access to ticket sales, event details, and related services within the limits of technical and operational feasibility. Users are responsible for ensuring they have compatible device and internet access, as Pickaseat does not provide these resources.

2.3. Website Availability and Adjustments

Pickaseat may update, enhance, or modify its website to improve user experience or comply with technological advancements. Users acknowledge that:

• Temporary website downtime may occur due to maintenance or system updates,
• Pickaseat does not guarantee uninterrupted access to its website,
• No claims can be made against Pickaseat for service disruptions and such claims are including but not limited to travel or accommodation costs, personal dissatisfaction with the event experience.

2. Account Registration

2.1. Registration and Account Security

2.1.1. Users have the option to register an account on the Pickaseat Website or directly continue with checkout.

2.1.2. When creating an account, users must provide accurate and up-to-date information.

2.1.3. Users are responsible for keeping their login credentials confidential and must not share their account details with third parties. Pickaseat is not responsible for lack of personal security over users’ information or can not be held responsible due to personal security over users’ information.

2.1.4. If users suspect unauthorized access to their account, they must notify Pickaseat immediately at info@pickaseat.de.

2.2. Minimum Age for Account Registration

Account registration is only permitted for individuals 18 years and older or for minors with the explicit consent of their legal guardian unless a lesser age is permitted in their respective countries of residence.

2.2. Account Suspension and Termination

Pickaseat reserves the right to temporarily suspend an account or in cases of serious violations, Pickaseat may permanently restrict or delete an account if there are reasonable indications of:

• Unauthorized or fraudulent activities,
• Violations of these Terms of Use,
• Excessive or suspicious ticket purchases,
• Misuse of the account for unauthorized resale of tickets.

Users agree that this is not an exhaustive list and Pickaseat may include different actions in the future.

3. Use of the Pickaseat Website

3.1. Permitted Use

Users may access and use the Pickaseat Website solely for legitimate purposes, including:

• Browsing events and purchasing tickets,
• Accessing event-related information,
• Managing their user account and orders.

Users must comply with these Terms of Use and all applicable laws while using the website.

3.2. Prohibited Use

Users are strictly prohibited from:

• Engaging in fraudulent activities, such as using stolen payment methods or misrepresenting identity,
• Interfering with the website’s functionality, including launching DDoS attacks or introducing malicious software,
• Using automated tools (e.g., bots, scrapers) to access, monitor, or copy website content,
• Manipulating ticket availability or bypassing purchase limits,
• Engaging in unauthorized ticket resale or commercial redistribution of tickets,
• Using the website for illegal or harmful activities, including hate speech, harassment, or dissemination of misleading information.

3.3. User-Generated Content

If the Pickaseat Website allows users to submit reviews, comments, or other content, such content must not:

• Include defamatory, obscene, or offensive language,
• Promote violence, discrimination, or illegal activities,
• Contain false or misleading information,
• Infringe upon third-party intellectual property rights.

Pickaseat reserves the right to review, modify, or remove any user-generated content that violates these guidelines.

Pickaseat shall anonymize user information as much as possible. However, Pickaseat can not be held responsible if user provides identifiable information in their reviews.

3.4. Reporting Misuse

If a user identifies fraudulent activity, misuse, or technical issues, they must immediately report the issue to info@pickaseat.de.

By using the Pickaseat Website, users agree to comply with these usage policies. Violations may result in account suspension, ticket cancellation, or legal action.

4. Liability and Indemnification

4.1. No Liability for Third-Party Content

The Pickaseat Website may display event details, pricing, venue information, and other content provided by third-party event organizers or partners. While Pickaseat strives to ensure accuracy, it does not guarantee the correctness, completeness, or reliability of such third-party content.

Pickaseat is not responsible for errors, cancellations, or modifications made by event organizers and can not be held responsible for:

• Temporary website downtime due to maintenance, technical failures, or external factors,
• Personal dissatisfaction with an event or a ticket purchase,
• Travel, accommodation, or other costs related to an event cancellation or change,
• Loss of profits or indirect damages resulting from service disruptions.

4.2. Unlimited Liability

Pickaseat, its legal representatives, and employees may be liable for direct damages caused by Pickaseat only if injury to life, body, or health or intentional misconduct or gross negligence, liability under product liability laws or breach of essential contractual obligations, but only to the extent of foreseeable damages applies. Regardless, Pickaseat is not a direct organizer of any event and only acts as an intermediary service provider.

4.3. Indemnification by Users

Users agree to indemnify and hold Pickaseat harmless from any claims, damages, or legal disputes arising from:

• Violations of these Terms of Use,
• Unauthorized resale or fraudulent ticket transactions,
• Infringements on third-party rights, including copyright and intellectual property violations.

If a legal claim is made against Pickaseat due to a user’s actions, the user agrees to cover legal defense costs in accordance with applicable laws.

5. Protection of Content and Intellectual Property Rights

5.1. Protection of Website Content

All text, images, videos, logos, graphics, and other content available on the Pickaseat Website ("Pickaseat Content") are protected by copyright, trademark laws, and other intellectual property rights. Users are not permitted to:

• Copy, modify, distribute, or publicly display any Pickaseat Content without prior written consent,
• Use Pickaseat’s trademarks, logos, or branding without authorization,
• Extract or reuse data from the website for commercial purposes, including ticket resale or price comparison tools.

5.2. Limited License for Personal Use

Pickaseat grants users a non-exclusive, non-transferable, revocable license to access and use the Pickaseat Website solely for personal, non-commercial purposes, such as:

• Browsing events and purchasing tickets,
• Accessing event-related information,
• Managing their Pickaseat account.

This license does not grant users any ownership rights to Pickaseat Content or services.

5.3. User-Generated Content

If the Pickaseat Website allows users to submit content (e.g., reviews, comments), users grant Pickaseat a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute this content for operational purposes. Users confirm that:

• They own the necessary rights to the submitted content,
• Their content does not infringe on third-party intellectual property rights,
• Their content complies with these Terms of Use.

Pickaseat reserves the right to review, modify, or remove user-generated content that violates these guidelines.

5.4. Third-Party Rights and Permissions

Users must ensure that any photos, videos, or text they upload do not violate third-party rights. If any third-party claims are made against Pickaseat due to user-uploaded content, the user is responsible for resolving such claims.

6. Term and Termination

6.1. Duration of Agreement

These Terms of Use apply indefinitely as long as the user accesses or uses the Pickaseat Website.

6.2. User-Initiated Termination

Users may terminate their account and discontinue using Pickaseat Services at any time by:

• Deleting their account via the Pickaseat Website,
• Requesting account deletion by contacting info@pickaseat.de.

6.3. Pickaseat’s Right to Terminate

In cases of severe violations of these Terms of Use, Pickaseat may immediately suspend or terminate an account without prior notice. Grounds for immediate termination include:

• Fraudulent activity, including unauthorized ticket resale,
• Abuse of website functionalities, such as attempting to manipulate ticket availability,
• Violation of third-party rights, including intellectual property infringement,
• Any action that disrupts or threatens Pickaseat’s website security or operations.

6.4. Effect of Termination

Upon termination:

• The user loses access to their Pickaseat account,
• Pickaseat may retain user data as required by legal obligations or for fraud prevention.

7. Final Provisions

7.1. Applicable law

These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For any legal disputes arising from the use of the Pickaseat Website, the exclusive place of jurisdiction is Berlin, Germany, unless mandatory consumer protection laws dictate otherwise.

7.2. Place of performance and jurisdiction. 

The sole place of performance for deliveries, services as well as payments is Berlin, provided that the Ticket Purchaser is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). In the case of cross-border contracts, this shall also apply to consumers; in this case, Pickaseat reserves the right to also invoke any other internationally competent court.

7.3. Online Dispute Resolution (ODR)

In accordance with EU regulations, the European Commission provides an Online Dispute Resolution (ODR) platform, which can be accessed at: www.ec.europa.eu/consumers/odr.
 

However, Pickaseat is neither obligated nor willing to participate in alternative dispute resolution proceedings before a consumer arbitration board.

7.4. Assignment of Rights

Pickaseat reserves the right to transfer or assign its rights and obligations under these Terms of Use to a third party. Users will be notified at least four weeks in advance if such a transfer occurs.

7.4 Severability Clause

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid provision shall be replaced by a legally valid one that most closely aligns with the original intent of the clause.

Last updated: 24.02.2025