This Agreement is between you, the person or company using Our Services ("You", "Your"), and ArtistsEverywhere® ("We", "Us", "Our"). References in this Agreement to "You" or "Your" are references to You in the capacity of either an Artist, Brand, Manager or all (as relevant).
Your use of Our Services is subject to Your agreement to and compliance with the terms of this Agreement.
By registering on any of Our Websites and using any of Our Services You:
(a) indicate Your acceptance of the terms of this Agreement; and
(b) represent that You are at least sixteen (16) years old.
When registering to use Our Websites and Our Services, You must register yourself as either an "Artist" or a "Brand".
Managers must register as the Artist or Brand they represent.
The relationship of an Artist, Brand or Manager to ArtistsEverywhere® shall be that of a service platform and nothing in these Terms shall render an Artist, Brand or Manager as an employee, agent or partner of ArtistsEverywhere® nor should the Artist/Brand/Manager represent themselves as such.
AMENDMENTS TO THIS AGREEMENT
We may amend this Agreement (including Our Services) at any time, and will update the applicable part of the Agreement on Our Websites or may provide written notification to You in respect of such amendments. All such amendments will be effective as of the date of publication of the updated applicable part of the Agreement on Our Websites.
Your continued use of Our Services, after such amendments are made in accordance with clause 2.1, shall be deemed to be acceptance of the amended terms.
The Term of this Agreement commences on the date on which You register with Us on any of Our Websites and continues until it is terminated by You or Us in accordance with this Agreement.
The term “User Content” means and refers to any and all content, media and written professional information the User submits to ArtistsEverywhere® including, without limitation, images, videos, music, names and logos of brands/companies the User has worked with or currently works with, documents, statements, recordings, regardless of where the works have been produced, throughout the world.
Artists, Brands and Managers acknowledge that by submitting User Content to ArtistsEverywhere® via certain technology, functionality and/or features offered on Our Websites, the User allows Us to use such content for display on Our Websites, in promotions, and advertisements, both online and offline regardless of what type of device is used to submit their content. Additionally, registered users automatically adhere to ArtistsEverywhere® promoting previous works completed by Users in the public domain, for promotional purposes on Our Websites, and throughout Our Social Media Channels without any prior consent.
ArtistsEverywhere® acquires no title or ownership rights in or to any User Content you submit and nothing in this Agreement conveys to us any ownership rights in your User Content.
We reserve the right, at Our sole discretion, to do any of the following in respect of both Artists, Brands and Managers:
(a) to use or display any of Your Content on any of Our Websites (and social media channels);
(b) to include (including after the termination of this Agreement) references to and/or use any of the Your Content, Your name(s) and/or profile pictures on any of Our Websites;
(c) to refuse to provide any services to You, including if We believe (at Our discretion) Your Content is capable of breaching Your obligations under this Agreement;
(d) to limit, suspend or terminate any of Our Service to You or remove any of Your Content;
(e) to remove, block, not display and/or not store any of Your Content or any other information or materials at Our discretion, including without limitation that which we deem to be offensive or inappropriate, regardless of whether this material is unlawful; and
(f) to cease providing any of Our Services to You in the event payment of Fees is not made in full and on time.
(g) to unlink social media accounts if we believe they do not represent the identity of the Artist or Brand. If You signed up as an Artist only the social media accounts of You as an individual can be linked. Company accounts must be linked to Brand accounts.
We may, but are under no obligation to moderate or monitor the use of Our Services and/or Our Website by Designers and Clients, including without limitation any of Your Content.
When a user links their social media accounts to a profile on Our Websites the User is granting Us permission to download content via API feeds per social media platform in order to produce live social feeds and generate statistics for digital presentation purposes.
The User is also granting us permission to display the downloaded content on Our Websites and social media channels.
It may occur that social media tokens expire, therefore we reserve the right to request that users re-enter login credentials in order to refresh social feeds and statistics.
USE OF OUR SERVICES
Artists, Brands and/or Managers must not (and must not permit others to) use Our Websites or any of Our Services to:
(a) publish or provide any material that is defamatory, offensive, harassing, indecent, menacing, obscene or illegal;
(b) engage in, or fail to engage in, any activity in a manner which will expose Us to any liability;
(c) engage in misleading or deceptive conduct or fraud of any kind; and/or
(d) publish or provide access to any content that is unsuitable for people under the age of sixteen (16) years old.
Artists, Brands and Managers are responsible for ensuring that We have true, accurate and up-to-date contact information for You (as applicable), including your full name, email address, profession, industry, media content and social media accounts.
Artists, Brands and Managers are responsible for any activity that occurs on the account they are representing, and agree to not sell, transfer or assign any account rights to anyone else.
With the exception of people or businesses expressively authorised to create accounts on your behalf, You must not reveal your password to anyone. You must not use anyone else's password.
Artists, Brands and Managers must conduct virus scanning and other tests as may be necessary to ensure that any data that is uploaded from, or downloaded to, any of Our Websites does not contain any computer virus. You are solely responsible for the backup of any files in connection with Our Services, including without limitation in respect of briefs, work(s), submissions and requirements.
Artists, Brands and Managers undertake to ensure that any and all of Your Content:
(a) does not infringe the Intellectual Property Rights or any other rights of any person and that all royalties or license fees have been paid to secure the use of that material;
(b) is not obscene, illegal, offensive, upsetting, defamatory or in any way unsuitable for people under the age of sixteen (16) years old; and
(c) does not comprise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature.
Artists, Brands and Managers must pay to Us the Fees and any other charges as contemplated by this Agreement or on Our Websites at the rates and/or in the manner specified and referred to in this Agreement or on Our Websites.
BASIC Accounts. Artists, Brands and Managers have access to basic features of the platform free of charge.
PRO Accounts. Artists, Brands and Managers have access to an auto-generated book containing profile information and enhanced social media statistics. They can send and receive unlimited pitches from all users, and enjoy additional features added to their account.
MULTI Accounts. Artists, Brands and Managers have access to all the features from a PRO account plus an additional functionality to manage up to 10 PRO accounts.
Cancellations. You may cancel your PRO or MULTI Account at any time by downgrading to BASIC but you won’t be issued a refund unless it’s legally required.
Downgrades. Your PRO or MULTI Account will remain in effect until it’s cancelled or terminated under these Terms. If your payment doesn’t go through on time, or is declined, we reserve the right to automatically downgrade your account.
If you wish to downgrade your MULTI Account or PRO account to BASIC and have one or more accounts linked to your master email, you must create a secondary login for each of those additional accounts before downgrading.
If you wish to remove an account you manage, the account will be immediately downgraded and could affect its status and activity, with the exception of those accounts that were previously on one of our subscription plans. In that case, the old plan will resume.
If you downgrade your MULTI Account to a PRO account, all of the additional accounts managed through the MULTI Account Feature will be automatically downgraded to a BASIC account once the billing period ends.
Changes. We reserve the right to make changes to your account at any time, this includes the fees associated to PRO Accounts and MULTI Accounts but will notify you of such changes to the email address associated with your account.
Other services contracted by Us are exclusive of VAT and other similar taxes (where applicable). Without limiting the foregoing, Artists, Brands and Managers shall be liable for any taxes, duties or charges imposed in respect of Our Services (other than taxes imposed on Our income). For the avoidance of doubt, if the effect of any tax, duty or charge applied to the Fees is to reduce the Our revenue under this Agreement, the Fees will be grossed up such that Our revenue under this Agreement is not reduced.
All payments must be made in US Dollar, British Pound or Euro.
Where we are required to make a payment to You, either as an Artist, Brand or Manager following the receipt by Us of Fees received from another user of Our Services, You acknowledge that:
(a) We may first seek to verify the legitimacy of any payments We received from the other user;
(b) if, in Our reasonable opinion, We believe such payments are not legitimate (including, for example, payments made by the unauthorised use of a credit card), then We can retain and deal with such payments in our Own discretion; and
(c) the relevant transaction under which the illegitimate payment was received by Us will be deemed to be void, and We will not be required to make any payment to You as a result (but may, in Our discretion, make a payment to You equal to the whole or part of the amount which would have otherwise been due to You, depending on how we deal with the illegitimate payment).
FEES AND BILLING PERIOD
PRO and MULTI Accounts. We’ll automatically charge You from the date You upgrade and on each periodic renewal until cancellation, inclusive of any taxes.
When you switch subscription plan in the middle of a billing period, here’s what happens:
If you upgrade from a BASIC account (free) to a PRO account (monthly or yearly) the first full period of the new plan begins immediately. The same applies when you upgrade to the MULTI Account option. You will be charged recurrently every month, or year. The subscription can be cancelled at any time by downgrading to BASIC.
If you switch from a monthly to a yearly PRO account or MULTI Account subscription, or vice versa, you will be charged the new amount less the account balance.
If the account balance amount is larger than the amount due, you will not be charged anything, and the account balance is carried over to future billing periods, until it’s spent down.
If you cancel before the monthly or yearly subscription cycle ends, the subscription will continue until the last day of the cycle.
INTELLECTUAL PROPERTY RIGHTS
Save in respect of Your Content, You acknowledge and agree that all right, title and interest in and to Our Websites and Our Services (including in respect of the software and technology underlying the Our Websites, any documentation or content provided with Our Services, and any know-how, trade marks or service marks of Ours) ("Our Intellectual Property Rights") are vested in Us or in Our licensors or suppliers.
For the avoidance of doubt, nothing in this Agreement shall be construed as granting You any right, title and interest in and to any of Our Intellectual Property Rights or any other Intellectual Property Rights owned or controlled by Us.
ACKNOWLEDGEMENTS AND WARRANTIES
You warrant and represent that:
(a) You are solely liable and responsible for Your Content;
(b) You are at least sixteen (16) years old;
(c) You have the right, power and authority to enter into this Agreement and grant the rights granted in this Agreement (as applicable);
(d) You shall comply with all applicable laws in Your performance of Your rights and obligations under this Agreement;
(e) none of Your Content infringes the Intellectual Property Rights or any other rights of any person;
(f) Your Content is not the subject of any claim, demand, action or legal proceeding or to Your knowledge any potential or pending claim, demand, action or proceeding;
(g) You will use your full and correct name in creating Your profile and when using Our Websites (for example, when submitting brief(s), quotes and work(s));
(h) Your Content does not contain material that is obscene, illegal, offensive, upsetting, defamatory or in any way unsuitable for people under the age of eighteen (18) years old; and
(i) You are solely responsible for any third party payments or royalties payable in respect of Your Content.
We warrant and represent that:
(a) We have the right, power and authority to enter into this Agreement; and
(b) We shall comply with all applicable laws in Our performance of Our rights and obligations under this Agreement.
Our Services and Our Websites are provided "as is" and all guarantees, conditions and warranties expressed, implied or imposed by any legislation, the common law, or otherwise in relation to the supply of Our Services, Our Websites or otherwise in connection with Our obligations under this Agreement are expressly excluded and disclaimed to the fullest extent permitted by law, except where such exclusion is prohibited by law.
Without limiting this liability clause, We make no warranty or representation that:
(a) Our Services, Our Websites or any content made available on such will meet Your requirements or expectations;
(b) the use of Our Services, Our Websites or any content made available on such will be uninterrupted, timely, secure, error free or virus free, or unable to be accessed by hackers, viruses or other harmful components;
(c) that results that may be obtained from the use of Our Services, Our Websites or any content made available on such will be accurate or reliable; and
(d) any errors in Our Services, Our Websites or any content made available on such will be corrected.
Except as otherwise expressly specified in the Agreement, Our liability for any breach of any statutory guarantee or any condition, warranty or other obligation which is implied or imposed by law which cannot be excluded by agreement, shall not exceed, if permitted by law, at Our option:
(a) in the case of the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; or (ii) the repair of the goods; or (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or
(b) in the case of the supply of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
For the avoidance of doubt, nothing in this Agreement shall operate to exclude or restrict a party's liability where such exclusion or restriction is prohibited by law.
To the maximum extent permitted by law, in relation to the Our Services and the subject matter of this Agreement in no event shall We or Our employees, officers, representatives and directors be liable for any loss of profits, management time, savings, contracts, revenue, invest, goodwill, data, or for any penalties, fines, or for any consequential, special, indirect, or exemplary damages, costs, expenses, or losses (including negligence).
To the maximum extent permitted by law, You agree that We, Our employees, officers, representatives and directors shall not be liable to You for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Agreement (whether that liability arises in contract, tort (including negligence) or statute) which are not otherwise excluded or limited for an aggregate amount in excess of the sum of the applicable Fees in respect of the transaction or project that gave rise to the relevant loss.
You indemnify and hold Us (and Our directors and employees), harmless against all loss, damage, liability, costs and expenses (including legal costs) suffered or incurred by Us:
(a) in respect of any claim or demand made by any person in connection with any of Your Content (as applicable) (including from a person's use of Your Content);
(b) in respect of any claim or demand made by any person in connection with Your use of any content obtained through Our Services;
(c) in respect of any claim that any of Your Content (as applicable) infringes the Intellectual Property Rights of any person; and/or
(d) in respect of Your (or any person claiming through You) use of the Our Services or Our Website or resulting from a breach of this Agreement by You and/or the violation by You of any law.