Terms of Service

These terms are drafted for a German/EU-operated platform. Please have a licensed lawyer (e.g. an Anwalt für Medienrecht) review the final wording before publishing or offering paid services.

1. Operator and scope

Noktürn ("Platform", "we", "us") is an online directory and marketplace for live music events, cabarets, jam sessions, workshops, festivals, vinyl events and related cultural listings. The Platform is operated by:

• David Kungang Aminkeng
• Schloß Straße 42, 51061 Köln, Germany
• E-mail: noktuern@gmx.net
• Telephone: +49 221 42323396

These Terms of Service (“Terms”) govern your use of the website, including browsing, submitting content, purchasing tickets, redeeming rewards and interacting with other users. By using the Platform you accept these Terms. If you do not accept them, do not use the Platform.

2. Services we provide

We provide the following services:

• A public directory of events, venues, artists and organisers;
• Tools for organisers to submit and manage listings and, where enabled, to sell tickets;
• User accounts, dashboards, analytics and, where available, reward / partner features;
• Content-moderation tools including reporting, a dustbin (soft delete) and permanent deletion.

We do not organise, host or guarantee the events listed. We act as a broker / intermediary for ticket sales (see section 11), not as the seller of tickets or as a party to the underlying event contract.

3. Accounts

To submit events, sell tickets or access certain features you must create an account and, where required, verify your e-mail address and/or telephone number. You are responsible for keeping your login credentials secure and for all activity under your account. You must be at least 18 years old, or the legal age of majority in your jurisdiction, to create an account.

We may suspend or terminate accounts that violate these Terms, are inactive for an extended period, or present security risks.

4. Event listings and user-generated content

All event listings, photos, descriptions, artist names, venue details and other content are submitted by users ("Organisers", "you"). By submitting content you represent and warrant that:

• you are legally authorised to publish the content and the event is genuine;
• the content is accurate, not misleading, and kept up to date;
• the content does not infringe copyright, trademark, personality rights, data-protection law or any other third-party right;
• the content is not defamatory, discriminatory, pornographic, violent, hateful, fraudulent or otherwise unlawful;
• you have obtained any necessary licences, permits and GEMA / collective-rights clearances for the event and any media you upload.

You grant Noktürn a non-exclusive, worldwide, royalty-free licence to display, reproduce, translate (via automatic tools), index, promote and distribute your content for the duration you selected in your listing settings or until you delete it, whichever is shorter.

You choose how long your content remains on the Platform. If you do not renew or extend a listing, it may be moved to a dustbin (soft delete) and permanently deleted after a retention period you control.

5. Prohibited conduct

You may not use the Platform to:

• post fake, duplicate, spam or misleading listings;
• scrape, crawl, reverse-engineer or overload the Platform;
• harass, stalk or impersonate others;
• upload malware, viruses or other harmful code;
• circumvent moderation, verification or payment systems;
• list or sell tickets for events that do not exist, are illegal, or do not comply with local safety, licensing or public-health rules.

We reserve the right to remove content, suspend accounts and report illegal activity to the relevant authorities.

6. Content moderation and takedown

We operate on a notice-and-takedown basis. Any user or third party may report content via the report button on each listing or by contacting us at the address above. Reports should include a description of the violation and, where possible, evidence.

Reported content may be temporarily hidden, moved to a moderation queue or permanently removed. We maintain an audit log of reports and moderator actions to ensure transparency. We may also permanently remove content without prior notice if it clearly violates these Terms or applicable law.

This moderation system is without prejudice to your rights under the Digital Services Act (DSA) and the Network Enforcement Act (NetzDG), where applicable. You may appeal a moderation decision by contacting us.

7. Intellectual property and DMCA/copyright notice

We respect intellectual property rights. If you believe content on the Platform infringes your copyright or other rights, please send a notice to the operator address above with:

• a description of the protected work and the infringing material;
• the URL or other location of the material;
• your contact details and a statement of good-faith belief that the use is unauthorised;
• a statement that the information is accurate and, under penalty of perjury, that you are the rights holder or authorised to act.

We will respond promptly, including by removing or disabling access to the material where appropriate.

8. Fees and listing donations

Basic browsing and event submission may be free or subject to a minimum voluntary contribution (where applicable). Any paid listing tiers, featured placements, partner packages or advertising will be clearly labelled and priced, and will be treated as a fee for services, not a donation.

Pricing may differ by region/continent based on purchasing-power parity. The exact amount and VAT status will be shown before checkout. We are exempt from VAT under the German small-business rule (§ 19 UStG): “Umsatzsteuerfrei aufgrund der Kleinunternehmerregelung gemäß § 19 UStG.”

9. Ticketing and broker relationship

Where ticket sales are enabled, Noktürn acts as a broker (Vermittler) between the event organiser and the ticket buyer. The ticket contract is formed directly between the organiser and the buyer. We collect the purchase price on behalf of the organiser, deduct our agreed commission and any payment-processing fees, and remit the balance to the organiser.

By listing tickets for sale, organisers agree to honour all valid tickets, to provide accurate capacity and pricing information, and to comply with applicable consumer-protection and ticketing laws.

Detailed ticket-specific terms, including the exact commission, cancellation rules and refund policy, are set out in the Ticket Broker AGB.

10. Payments

Payments are processed by Stripe or another payment service provider. We do not store full payment card details. Payment information is handled in accordance with PCI-DSS and our payment processor's terms. You agree to pay all fees and taxes associated with your purchases.

11. Refunds and cancellations

Refunds are governed by the organiser's refund policy, which is displayed before purchase, and by applicable consumer law (e.g. the German Fernabsatzgesetz and EU consumer rights). If an event is cancelled, postponed or significantly changed, the organiser is responsible for communicating with buyers and arranging refunds or exchanges.

Noktürn's commission is generally not refundable once the ticket sale has been completed, unless the sale is reversed due to a chargeback, fraud determination or organiser breach. We reserve the right to withhold payouts pending dispute resolution.

12. Liability

We are not liable for the accuracy, completeness, timeliness or quality of user-submitted content or for the organisation, safety, cancellation or performance of listed events. We are not liable for disputes between organisers, buyers, artists or venues.

Our liability is limited as permitted by law: for ordinary negligence we are liable only for foreseeable, typical damage; we are not liable for indirect, consequential or lost-profit damages unless mandatory law requires otherwise. Liability for gross negligence, wilful misconduct, injury to life, body or health, and under the Product Liability Act remains unaffected.

Organisers indemnify us against claims, damages and legal costs arising from content they submit, events they organise, or tickets they sell through the Platform.

13. Data protection

We process personal data in accordance with our Privacy Policy / GDPR notice and applicable law. By using the Platform you consent to the collection, use and retention of data as described there.

14. Third-party services and links

The Platform may use translation widgets, maps, analytics and payment processors. These services have their own terms and privacy policies. We are not responsible for their content or practices.

15. Changes to these Terms

We may update these Terms as the Platform grows. Material changes will be announced on the website or by e-mail. Continued use after the effective date constitutes acceptance. If you do not agree to a change, you must stop using the Platform.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict-of-law rules. If you are a consumer, mandatory consumer-protection law of your country of residence remains unaffected. The place of jurisdiction for disputes with entrepreneurs is Cologne (Köln), Germany. For consumers, jurisdiction is determined by applicable law.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be replaced by a valid provision that comes closest to the original intent.

18. Contact

For questions, reports, appeals or legal notices, please contact:

• David Kungang Aminkeng
• Schloß Straße 42, 51061 Köln, Germany
• E-mail: noktuern@gmx.net
• Telephone: +49 221 42323396

You may also use the contact form on the Contact page.