Please read these terms and conditions of use before using this Website & Mobile app. By continuing to access or use this Website or any service on this Website, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.
1. User Acceptances and Consent to Terms and Conditions of Use.
Please review our Privacy Notice, which also governs your visit to the Website, to understand our practices.
2. License; Permitted Use.
Permitted Use for Visitors
Permitted use for Artists
If You are an Artist, willing to avail the Services of Artistivity, You have to register yourself as a member on the Website. You can access the registration page here [insert link here]. Once registered, You shall update the availability calendar on the Website, or the management team of Artistivity. Once the calendar is updated by You, the same may be used by Artistivity and its Customers or users of the Website to see the availability of the Artist(s) for a live performance or any other purpose such as appearance, inauguration etc. (“Performance”). You shall have the right to either accept or reject a request for a Performance booked through the Website. Once You confirm your availability for the required Performance, the Artistivity team shall send you the agreement for confirmation of your Performance for the customer of Artistivity. The agreement shall contained detailed terms of Performance. Some basic terms of the agreement have been enlisted hereinbelow:
Artistivity shall be entitled to five to twenty percent (5-15%) payment received from the Customer, as commission.
You shall visit the venue for the live performance on the pre-agreed date. You shall perform your services in connection with the Performance with reasonable skill and care and to a reasonably acceptable standard in accordance with recognized industry and trade practices.
You shall notify Artistivity immediately in writing, in the event of illness or other unforeseen circumstances of any nature whatsoever which may result in the Performance being cancelled or the Artist(s) not fulfilling his/her/their commitments made to Artistivity and the booking Customer.
Cancellations, on the part of the Artist(s) shall be informed to Artistivity four (4) weeks prior to the Performance. Artist(s) shall return the advance fee paid (if any) in full to Artistivity.
In the event that Artistivity or the booking Customer cancels or postpones the Performance on the designated date, Artistivity shall not be liable to the Artist(s) for the same. Artistivity shall ensure that the Artist(s) receives 10% of _____ as cancellation charges. However, the Artist shall be liable to refund any advances paid to the Artist(s) to the booking Customer. All correspondence in respect of this Clause shall be done in writing through email.
Permitted Use for (booking) Customers
In consideration of use of the Website, You represent and confirm that You are of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service, You have and must continue to maintain at your sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. You shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the You.
In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
4. Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and/or the Service (the "Intellectual Property Rights") shall, as between you and Artistivity, at all times be and remain the sole and exclusive property of Artistivity or its content suppliers. All software used on this Website is the property of Artistivity or its software suppliers and protected by Indian and international copyright laws. All present and future rights in and title to the Website and/or the Service (including the right to exploit the Website and/or the Service and any portions of the Website and/or the Service over any present or future technology) are reserved to Artistivity for its exclusive use.
5. Copyright Claims.
Artistivity respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Artistivity the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Artistivity’ Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by mail: --------------------------------------------; by email------------------
6. Fees and Payments.
Artistivity reserves the right at any time to charge fees for access to all or portions of the Website and/or the Service. If at any time Artistivity requires a fee for all or portions of the Website and/or the Service, Artistivity will require you to register and create an account. In no event will you be charged for access to all or portions of the Website and/or the Service unless Artistivity obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website and/or the Service by Artistivity or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website and/or the Service through your account, and the purchase of any other products or services.
Reviews and Comments
In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also give Artistivity the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on the Website and that use of your reviews, comments, or other Content by Artistivity will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Artistivity or third parties as to the origin of any Submissions or Content. Artistivity may, but shall not be obligated to, in its sole discretion, remove or edit any Submissions (including comments or reviews) for any reason.
8. Links to Other Sites
All the contents of the Website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Website is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Website. All warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without certain links on the Website lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Artistivity’s-logo, please understand that it is independent from Artistivity, over whom Artistivity has no control or connection, business or otherwise as these sites are external to Artistivity. You agree and understand that by visiting such sites you are beyond the Website. Artistivity, therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind.
9. Advertising Material.
Part of the Website contains advertising information or promotion material or other material submitted to Artistivity by third parties. Responsibility for ensuring that material submitted for inclusion on Website complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Artistivity found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Artistivity will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
10. Content on the Artistivity Network/Website.
Content on the Website is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that Artistivity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Artistivity with respect thereto.
11. Disclaimer Of Warranties; Limitation of Liability.
THIS WEBSITE IS PROVIDED BY ARTISTIVITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTISTIVITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ARTISTIVITY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTISTIVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTISTIVITY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTISTIVITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF ARTISTIVITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
12. Representations and Warranties. You represent, warrant and covenant that:
a. you have the power and authority to enter into this agreement;
b. you shall not use any rights granted hereunder for any unlawful purpose; and
15. General Information.
You accept that Artistivity.com has the right to change the content, service or technical specification of any aspect of the Website or the Service at any time in its sole discretion. You further accept that such changes may result in your being unable to access the Website and/or the Service.
All notices and communications (including those related to Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to Artistivity: at ____________________
If to a non registered User, at the communication and/or email address specified in the application form availing of a Artistivity Service.
If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.