The website, www.live101.in (the “Website”) developed, owned and operated by UMW Tech Solutions Pvt. Ltd is offered to its users, who may view/ access the Website subject to the Terms of Use provided hereunder.
By accessing and/or using the Website, you agree (1) to be bound by these Terms of Use and are deemed to have read and understood all of its contents and implications; and (2) you grant your free and unconditional consent to be subject to these Terms of Use as applicable.
The Terms of Use set forth herein apply to the Website is covered and protected by all laws including but not limited to copyright and trademark laws of India.
Live101 Services
Live101.in is engaged into the business of online booking and promotional tools and platform for artists, performers, musicians, agents, talents and event planners and entertainment /performers buyers of all types packages and talents. The main object of the Live101 Records is as follows:-
-
The Talent is a Singer/Musician/Teacher/Band
SERVICES:
Talent shall make available his/her/their services contemplated as required under this Agreement as and when accepted by the singer/performer and required by the buyer at Live101
The Talent agrees to liaise with the singer, lyricist, musicians etc. to ensure that the final work is delivered timely and as per the specifications of the user/event companies that have hired their services through Live101
Talent expressly acknowledge and agree that the engagement of services under this Agreement shall not in any way constitute or be deemed to constitute an obligation or an undertaking by the Live101 to utilize the work of the Talent .
These Terms and Conditions form a valid and binding electronic contract under the Information Technology Act of 2000 read with Rules framed thereunder, by and between the parties hereto. These Terms and Conditions govern: (i) use and access of the Site (as defined below) under Part–A, (ii) as well as the provisions of services under Part–B, and (iii) and general relationship under Part–C.
Talent expressly acknowledge and agree that the engagement of services under this Agreement shall not in any way constitute or be deemed to constitute any partnership between the live101 and the talents.
the Platform provided to you to discover, explore, perform and entertain through 101live and its sources and or contacts. The Terms of Use include our policy for acceptable use of the live101 Services and content, as well as your rights, obligations and restrictions regarding your use of live101 Services. We grant you a limited, revocable, non-exclusive license to access live101 Services for your own personal use, subject to the Terms of Use. Use of live101 Services beyond the scope of authorized access granted to you terminates this permission.
These terms and condition will constitute a binding contract between you and live101. By accessing live101 Services, you accept, without limitation or qualification, the following Terms of Use found and our existing live101 Rules (the “Rules”), found, which are incorporated by this reference. You are only authorized to use live101 Services if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use and the Rules, then please discontinue your use of the Site and live101 Services. Your continued use of this website following the posting of any change or modification of these terms will mean you accept those changes or modifications. live101 reserves the right to withdraw access to this website and to change, modify, revise the materials, products and pricing listed or offered through this website at any time.
We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. The Terms of Use constitute the entire agreement regarding your use of the Site or live101 Services and supersede any such prior Terms of Use. We will attempt to notify all members of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made.
Content on the Site
You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not live101, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through live101 Services. We do not control the Content posted through live101 Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions and or contents expressed in postings or other Content provided through live101 Services are not necessarily those of live101 or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using live101 Services you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with live101 Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Live101 Services.
Responsibility for Your Content (Artist Content)
You are solely responsible for the Content you submit or make available for inclusion through live101 Services (“Artist Content“) and the consequences of posting or publishing it. In connection with Artist Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize live101 to use all intellectual property rights in and to any and all Artist Content to enable inclusion and use of the Artist Content in the manner intended by live101 Services and the Terms of Use. You agree that you will not submit Artist Content that violates these Terms of Use.
Because live101 does not permit infringement of intellectual property rights through live101 Services, we will remove all Artist Content if properly notified that such Site Content or Artist Content infringes on another’s intellectual property rights and at our sole discretion.
live101 does not endorse any Artist Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Artist Content. You agree that you will not submit Artist Content that violates the Rules, found or material contrary to applicable local, national, and international laws and regulations.
live101 facilitates and arrange the contents of the artists for the use of the services as required by any entity and upon such usage of contents or artists services shall be as per the rules of live101 and artists shall abide by the same.
further Artists once accept to avail live101 services shall not avail the services of the other company or entity in the similar business unless it is specifically allowed by live101
Artist Content: Ownership & Licenses
We do not claim ownership rights over your Artist Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Artist Content through live101 Services, solely for the purpose for which such Artist Content was submitted or made available. This limited license exists only for so long as you elect to include Artist Content through live101 Services and it will terminate at the time you remove or we remove such Artist Content from live101 Services. You grant each user of live101 Services a non-exclusive license to access your Artist Content through live101 Services, and to use, reproduce, distribute, display and perform such Artist Content as permitted through the functionality of live101 Services and under these Terms of Use. Notwithstanding the foregoing, you understand and agree that once Artist Content is incorporated into other aspects of live101 Services by live101 and/or its members, live101 is under no obligation to delete or ask or require other live101 members to delete that Artist Content, and therefore, it may continue to appear and be used through live101 Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Artist Content that have been removed or deleted.
Permitted Use of Content
The content associated with live101 Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“Site Content”) and the trademarks, service marks, trade names and logos contained therein, except all Artist Content, are owned by or licensed to live101 subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, live101 does not grant you any express or implied rights, and all rights in and to live101 Services and the Site Content are retained by live101..
You may access Artist Content for your information and personal, non-commercial use solely as intended through the provided functionality of live101 Services. Artist Content and Site Content are provided to you “AS IS” and “AS AVAILABLE” for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of live101 Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.
Intellectual Property Rights
Subject to aforesaid, it is hereby specifically recorded that the content available through live101 Service is the sole and exclusive property of live101 or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and as a result of prospective local laws in accordance with the rules of Intellectual Property Rights. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of live101. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of Member and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of live101.
KINDLY NOTE THAT live101 PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the Website and that you provide to other Members. Your live101 profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and live101 assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by live101 by any person, please contact live101 Web Admin.
Copyright Infringement Policy
In accordance with the Indian Copyright Act and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any live101 member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us.
Member Accounts
In order to participate in live101 Services, you must create an account and become a live101 Artist or live101 Client (collectively “Members“). All members will receive a password and are responsible for maintaining confidentiality of such password. Each member’s right to use live101 Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify live101 of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
You, as an Artist or Client, expressly agree:
to provide live101 with accurate, complete and updated registration information;
that Company has the right to suspend and/or terminate your account and refuse any and all current or further use of the live101 Services if the Company determines, in its sole discretion, that any information you provided is untrue, inaccurate, not current and/or incomplete;
to not approach, engage, solicit, make or accept any offers and/or otherwise deal with any each other directly or indirectly, without live101’s involvement for any event undertaken by the Client
to protect your username and password at all times;
to notify Company immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns;
that Company shall not be responsible for unauthorized access to or alteration of your data; and
that any Content you submit or have submitted to Company in physical form (e.g. compact discs, DVDs, photographs, etc.) shall not be returned to you and shall become the exclusive property of Company, unless otherwise agreed to in writing by Company.
Your username and password are personal to you and under no circumstances may you allow any others to use your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, the Company may find it necessary to access your account. For instance, the Company may access your account for support, maintenance or security-related reasons. You acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
Member Conduct
In order to participate in live101 Services, you must create an account and become a live101 Artist or live101 Client (collectively “Members“). All members will receive a password and are responsible for maintaining confidentiality of such password. Each member’s right to use live101 Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify live101 of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
You, as an Artist or Client, expressly agree:
You may not use live101 Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms, including the Rules, found. Your access to live101 Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, including the Rules, or for any other reason, or no reason. You expressly agree not to:
Act as an agent, affiliate or representative of live101 Services and utilize the live101 Services or Artist Content or Site Content for any commercial purpose other than for which live101 Services is intended without our express written permission,
Access, monitor or copy any content or information of live101 Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
“Frame,” “mirror” or otherwise incorporate any part of live101 Services into any other website without our prior written permission.
You agree not to use live101 Services for any commercial use, without the prior written authorization of live101. Prohibited commercial uses include any of the following actions taken without our express approval:
Sale of access to live101 Services on another website,
Use of live101 Services for the primary purpose of gaining advertising or subscription revenue,
Sale of advertising on live101 Services or any third-party website, targeted specific Artist Content or Site Content, and
Use of live101 Services that we find, in our sole discretion, to use our resources or Artist Content with the effect of competing with or displacing the market for live101 Services, Site Content, or Artist Content.
Unauthorized commercial uses do not include uploading Artist Content to live101 Services to promote your business or artistic enterprise, or any use that live101 expressly authorizes in writing.
In addition, the following behaviours or activities are strictly prohibited when using live101 Services by any member or live101 Services user:
Strong, vulgar, obscene or otherwise harmful language,
Racially, ethnically or otherwise, objectionable language,
Harassing, intimidating, stalking or threatening other live101 members,
Libellous, defamatory or otherwise tortious language,
Online vandalism,
Impersonation of another person,
Posting, distributing, transmitting or promoting illegal Content,
Invasion of another’s privacy,
Actions that are hurtful to minors,
Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
Posting, providing, transmitting or otherwise making available any junk mail or spam, and
Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with live101 Services.
We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing live101 to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.
Links
live101 Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that live101 is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Children / Minor Policy
This website is recommended for use of individuals of age of 18 years or above, but if you are above 13 years of age or older but below 18 years, you may be granted access by providing either of their parents Email IDs and an Email will be sent informing the parent that their ward has registered himself/herself to use live101 Services through this website. Parents of such wards will be liable for damages or losses occurred due to activities or action of their wards and are legally bound by any Acts/ Deeds/ Violations of live101 Terms of Use by their wards. live101 shall not be liable for a minor viewing the website without a parent or guardian.
Indemnity
You agree to defend, indemnify and hold live101, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and live101 moderators harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through live101 Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.
Trademark Information
live101 is a registered trademark and logo. You agree that all live101’s trademarks, including live101 trade names, service marks, logos and service names are trademarks and the property of Live101. Without our prior permission, you agree not to display or use in any manner any Live101 mark. All trademarks included in the Live101 Services not owned by Live101 are the property of their respective owners. Nothing contained on Live101 Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that Live101 Services are provided “AS-IS” or “AS AVAILABLE,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Model Mayhem Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
No advice or information, whether oral or written, obtained by you from Live101 Services shall create any warranty not expressly stated in these Terms of Use. In no event shall Live101 or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of Live101 Services even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.
We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, Live101 members or users of Live101 Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.
If you promote a contest, sweepstakes or giveaway on Live101 without our express, advanced approval, you do so at your risk and you assume all risk and liability. You further agree to hold Live101 harmless from any claim, demand or damages.
Live101 shall not be liable for your interactions with any organizations and/or individuals found on or through Live101 Services. This includes but is not limited to performance of services by the Artists, payment by Client, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Live101 is not responsible for any damage or loss incurred as a result of any such dealings.
Disclaimer of Warranties / Limitation of Liability
If there is any claim or dispute about or involving the Live101 Services, you agree that the claim or dispute will be governed by the laws of India, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the courts located in the Mumbai, India with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. The Live101 Services are controlled and offered by Live101 in the India and we make no representation that materials associated with the Live101 Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Live101 Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Live101 engagement terms with its Artist and Client, as applicable) constitutes the complete and exclusive agreement between Live101 and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Live101 Service or information provided to or gathered by us with respect to such use.
