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These Terms and Conditions ("Terms" or “Agreement”) shall apply to all clients who register as a User on Live101's online platform ("Client"), including but not limited to individuals who intend to book artists for events, performances, etc through the online platform operated by UMW Tech Solutions Private Limited ("Live101" or "we" or "us" or "our").
By using Live101's platform, the Client agrees to be bound by these Terms, the Privacy Policy, and any other policies or guidelines posted on the platform. If the Client does not agree to these Terms, they should not use the platform.
"Artist" means any individual or group of individuals who are registered on Live101's platform as service providers for live musical performances.
"Artist Content" means any content created, produced, or licensed by the Artist for the purposes of performing on behalf of the Client, including but not limited to music, videos, photographs, and other media.
"Booking" means the agreement between the Client and the Artist for the provision of the Artist's services for an Event, as confirmed through the Live101 platform.
"Booking Amount" means the total amount payable by the Client to Live101 for the Artist's services for an Event, as specified in the Booking confirmation.
"Event" means a live performance or appearance by the Artist that has been booked by the Client through the Live101 platform, and may include, but is not limited to, concerts, gigs, weddings, corporate events, private parties, and any other live performance or appearance by the Artist.
"Platform" means Live101's online platform, accessible through its website, mobile applications, and any other means provided by Live101, which connects Clients with Artists for the purposes of hiring the Artist's services.
"Platform Fee" means the fee charged by Live101 to the Client for using its Platform to hire an Artist, which shall be 20% of the total Booking Amount.
"Transaction" means any interaction between the Client and Live101, including but not limited to the creation of a Booking, payment of the Booking Amount, and any communication through the Platform.
"Client Content" means any content provided by the Client, including but not limited to information provided during registration, Booking details, and feedback and reviews of the Artist's services.
To access the Live101 platform as a Client, you must register an account on our website and provide us with accurate and complete information about yourself. By registering an account, you represent and warrant that you are authorized to enter into this Agreement.
You agree to keep your account information up-to-date and accurate at all times. You are solely responsible for maintaining the confidentiality of your account login credentials, and you agree not to share them with any third party. You are responsible for all activities that occur under your account.
Live101 reserves the right to suspend or terminate your account, or refuse any and all current or future use of the Live101 platform, in our sole discretion and without notice, if we have reason to believe that you have violated any provision of these Terms or any applicable law or regulation.
As a Client, you agree to use the Live101 platform only for its intended purposes, including but not limited to searching for, booking, and paying for Artists for your events or venues. You agree not to use the platform for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations in your use of the platform.
You understand and agree that Live101 may use your account information and any other information you provide in accordance with our Privacy Policy. You further agree that Live101 may send you information and updates about the platform and other services we offer.
As a Client, you can browse the Artist profiles, select an Artist, and request a quote for your Booking through the Live101 platform. By making a Booking request, you agree to be bound by these Terms and Conditions, as well as any additional terms and conditions provided by the Artist in the quote.
Upon acceptance of the Artist's quote, you shall pay a 20 (Twenty) % advance of the total Booking Amount to Live101 to secure the Event date. The remaining 80% of the Booking Amount shall be paid on the date of the Event, either through the Live101 platform or in cash to the Artist as agreed upon between you and the Artist. You acknowledge that Live101 shall deduct its Platform Fee and applicable GST from the Booking Amount before remitting the payment to the Artist.
You agree to communicate with the Artist promptly and professionally through the platform's messaging system, and to respond to all Booking requests and inquiries in a timely manner.
You acknowledge that the Artist is solely responsible for providing all performance services and meeting all terms and conditions and obligations associated with each Booking, including but not limited to arranging transportation, equipment, and accommodations. In case of any breach of the terms and conditions, Live101 shall not be liable for any loss or damage suffered by you or the Artist.
You agree to provide accurate and complete information regarding the Event and to keep the Artist informed of any changes to the Event details. If there are any changes to the Booking details, including but not limited to the date, time, or location of the Event.
Once the Client has secured a Booking through the Live101 platform, any changes to the Booking details must be communicated to Live101 in writing at info@live101.in.
If the Client needs to make any changes to the details of the Booking before the Booking has been secured, such as the line-up, performance duration, or Booking Amount, the Client must do so using the Live101 site and must be accepted by both, Live101 and Artist, before the Booking is confirmed.
If the Client needs to make any changes to the details of the Booking after the Booking has been secured, such as the line-up, performance duration, or the quote, the Client must immediately communicate these changes to Live101.
Live101 will notify the Artist of any changes made to the Booking details by the Client and will confirm with the Artist whether they are willing and able to perform at the revised Booking details.
If the Artist accepts the revised Booking details, Live101 will update the Booking details on the Live101 site and notify the Client.
If the Artist does not accept the revised Booking details, Live101 will work with the Client to find a suitable alternative Artist or act for the Event.
Any changes to the Booking details made by the Client without the prior written consent of Live101 may result in the cancellation of the Booking, and the Client shall be subject to cancellation charges as outlined in the Cancellation Policy.
If the Event schedule runs over the agreed upon time through no fault of the Client, the Client shall not be liable for any additional payment to the Artist.
If the Event is extended beyond the original finishing time with the agreement of the Client, the Client shall negotiate and make additional payment to the Artist at their discretion. Any such additional payment shall be communicated to Live101 at info@live101.in within 24 (twenty-four) hours of the Event.
In case of any other changes to the Booking that result in additional payment to the Artist, the Client shall communicate the same to Live101 at info@live101.in within 24 ( twenty-four) hours of the Event.
The Client shall have the right to request the Artist to perform beyond the agreed upon finishing time, subject to the Artist's agreement and availability. In such cases, the Client shall be responsible for any costs or expenses incurred by the Artist as a result of the extended performance.
If the Event schedule is delayed or postponed due to any reason beyond the control of the Client, the Client shall inform Live101 and the Artist as soon as possible. The Artist shall make reasonable efforts to accommodate the revised schedule, subject to their availability. The Client shall not be liable for any additional payment to the Artist for such delays or postponements, unless agreed upon in writing by the Client and the Artist.
Client acknowledges that cancellations or changes to Bookings may occur due to unforeseen circumstances.
Client agrees to promptly notify Live101 and the Artist in the event of any cancellation or change, and to work with Live101 and the Artist to reschedule or make other arrangements.
Client understands that Live101 shall not be liable for any damages or losses incurred by the Artist or any third party due to the cancellation by the Client.
Client agrees to comply with the Cancellation Policy.
The Client must provide all relevant performance conditions and provisions to the Artist before a Booking is confirmed. This includes but is not limited to:
Size of performance space
For outdoor performances, contingency plans in the event of rain or adverse weather conditions
Sound limits and timings of sound checks
Provision of food and drink
The Artist has the right to refuse to perform if performance conditions are lower than agreed with the Client, or if the conditions are objectively unacceptable for a live performance.
In the case where conditions are confirmed in advance and not adhered to by the Client, the Artist is entitled to their full fee provided they show evidence of unacceptable conditions.
The Client must comply with all relevant laws and regulations, including but not limited to health and safety regulations, and ensure that the venue and performing area is safe for the Artist’s performance. This includes ensuring the Artist is not harassed, insulted or put in danger by guests. The Client must provide adequate security at the venue to ensure the safety of the Artist and their equipment. The Client will be liable for any damage caused to the Artist’s equipment due to inadequate security at the venue.
The Artist has the right to leave if they are threatened or endangered by continuing to perform.
Any additional costs incurred by the Artist due to the failure of the Client to provide adequate performance conditions will be the responsibility of the Client and must be paid in full within 24(twenty-four) hours of the Event.
If the Artist is unable to perform due to the failure of the Client to provide adequate performance conditions, the Client will be responsible for any costs incurred by the Artist, including but not limited to travel costs, accommodation costs and lost income.
The Client must provide adequate security at the venue to ensure the safety of the Artist and their equipment. The Client will be liable for any damage caused to the Artist’s equipment due to inadequate security at the venue.
The Artist reserves the right to refuse to perform if the Client does not provide adequate security at the venue.
The Artist must arrive at the venue at the agreed-upon time and have all necessary equipment with them. If the Artist is unable to perform due to their own fault or negligence, they will not be entitled to the full fee.
If the Client requests that the Artist perform a specific set or playlist, the Artist must make reasonable efforts to accommodate the request. However, the Artist reserves the right to refuse any request that they deem inappropriate or offensive.
In the case of outdoor performances, the Artist must comply with all relevant environmental regulations and obtain any necessary permits or licenses. The Client will be responsible for obtaining any necessary permits or licenses on behalf of the Artist if required.
The Client agrees to indemnify, defend, and hold harmless Live101 and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with any Booking or related services, including but not limited to any claims of breach of contract, negligence, or other wrongdoing by the Client or its representatives.
The Client agrees to cooperate with Live101 in the defense of any such claims, and to reimburse Live101 for any reasonable expenses incurred in connection with such defense.
The Client further acknowledges that any violation of the terms of this agreement may result in harm to Live101 or the Artist, and the Client agrees to indemnify, defend, and hold harmless Live101 and the Artist from any and all claims arising out of any such violation.
The Client acknowledges and agrees that Live101 and the Artist shall have no liability or responsibility for any claims, damages, losses, liabilities, or expenses arising out of or in connection with any act or omission of the Client or any third party, including but not limited to guests or event attendees.
Live101 provides a platform for Clients to search and book Artists for their events. Live101 charges a 20% (twenty) non-refundable Platform Fees for providing the following services:
Connecting the Client with potential Artists and managing the Booking;
Providing a payment gateway for the Client to make the payment;
This Platform Fees is inclusive of all taxes and levies, including but not limited to GST.
By using the platform and any services provided by Live101, the Client agrees to pay Platform Fees.
Live101 reserves the right to modify its Platform Fees and other charges from time to time without prior notice. However, such modifications shall not affect the Platform Fees and other charges applicable to Bookings that have already been confirmed through Live101's platform.
Clients are obligated to make payment to the Artist either through the Live101 platform or in cash, as per their choice. If payment is made through the Live101 platform, the payment shall be remitted to the Artist after deducting the applicable GST within three (3) business days from the date of the Event. In case of cash payment, the Client shall make the payment directly to the Artist.
It is clarified that in case of any dispute or issue related to cash payment made to the Artist, Live101 shall not be responsible or liable for any such matter. Furthermore, Live101 shall not be held responsible for any payment made by the Client outside the Live101 platform, and such payment shall not be protected under the Cancellation Policy.
The Platform Fees shall be deducted from all payments made to the Artist, irrespective of the mode of payment. Clients shall not withhold any payment due to the Artist for any reason whatsoever, and any delay or default in payment by the Client shall be the sole responsibility of the Client. In case of any delay or default in payment by the Client, Live101 shall not be liable for any interest or penalty on such delayed payment.
It is hereby acknowledged and agreed that the payment made by the Client to Live101 shall be considered as payment made on behalf of the Artist, and the Client shall have no further liability towards the Artist for such payment. Live101 shall be responsible for remitting the payment to the Artist after deducting the Platform Fees and applicable taxes.
By using the Live101 platform and making payment to the Artist through the platform, the Client agrees to abide by these payment terms and acknowledges that any violation of these terms may result in termination of their account on the Live101 platform, and may also result in legal action being taken against them.
Live101 reserves the right to change its fee structure at any time, with notice to the Client.
Live101 will provide notice of any fee changes on the platform.
Client's continued use of the platform following the notice of any fee changes constitutes acceptance of the new fee structure.
The Client shall provide accurate and complete information to Live101 for the purpose of GST compliance. Live101 may rely on such information provided by the Client and shall not be responsible for any consequences arising out of any incorrect or incomplete information provided by the Client.
In the event of any disputes related to Platform Fees or payments, the Client agrees to work with Live101 to resolve the issue in a timely and reasonable manner.
It is hereby acknowledged and agreed that the Client shall not initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Live101. The Client agrees to cooperate with Live101 and the Artist to resolve any disputes amicably.
Furthermore, it is clarified that Live101 is not liable for any third-party fees or charges related to payments made through the platform, such as bank fees or currency conversion fees. Any such fees or charges shall be borne solely by the Client.
Clients are hereby informed that Live101 reserves the right to withhold payment to the Artist if there are any concerns or issues related to the quality or legality of the Artist's performance, or if the Artist breaches any of the terms of this Agreement.
Live101 will notify the Artist of any concerns or issues before withholding payment, and will work with the Artist to resolve the issue in a reasonable and timely manner.
It is clarified that the decision to withhold payment shall be at the sole discretion of Live101 and shall not be disputed by the Client. The Client agrees to cooperate with Live101 and the Artist to resolve any concerns or issues related to the quality or legality of the Artist's performance, or if the Artist breaches any of the terms of this Agreement.
Furthermore, it is acknowledged and agreed that Live101 shall not be liable for any damages or losses suffered by the Client due to the withholding of payment. The Client shall not initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Live101.
By using the Live101 platform and engaging the services of the Artist, the Client agrees to abide by these terms and acknowledges that any violation of these terms may result in legal action being taken against them.
In case the Client cancels the Booking, the following Cancellation Policy (“Cancellation Policy”) will apply:
If the cancellation is made 7 days or more prior to the Event date, the Client will be charged a cancellation fee of 20 (twenty) % of the total Booking Amount.
If the cancellation is made within 7 days of the Event date, the Client will be charged a cancellation fee of 50 (fifty) % of the total Booking Amount.
The Client acknowledges that the above cancellation charges are reasonable and reflect the losses that Live101 and the Artist may suffer as a result of the cancellation. The Client agrees to pay the applicable cancellation charges promptly and without delay. Live101 reserves the right to deduct the cancellation charges from any future payments due to the Client.
In case the Client cancels a Booking without providing sufficient notice or fails to comply with the Cancellation Policy, Live101 reserves the right to take necessary action, including but not limited to initiating legal proceedings for breach of this Agreement.
Live101 shall not be liable for any damages or losses incurred by the Artist or any third party due to the cancellation by the Client.
The Client agrees to comply with the above-stated Cancellation Policy and acknowledges that Live101 shall have the right to enforce the same in case of any breach.
The Client understands and agrees that any cancellation due to force majeure events such as natural disasters, epidemics, pandemics, war, or any other events beyond the Client's control will be exempted from this Cancellation Policy.
The Client agrees to comply with all applicable laws, regulations, and requirements pertaining to the event, including but not limited to health and safety regulations, licensing requirements, and environmental regulations.
The Client shall provide all necessary permits, licenses, and approvals required for the event, and shall be responsible for obtaining any necessary permissions from local authorities.
The Client shall provide a safe and suitable performance space for the Artist, free from hazards, and shall ensure that the venue is compliant with all applicable health and safety regulations.
The Client shall provide adequate security at the venue to ensure the safety of the Artist, their equipment, and guests. The Client shall be liable for any damage caused to the Artist's equipment due to inadequate security at the venue.
The Client shall provide the Artist with all relevant performance conditions and provisions before the event, including but not limited to the size of the performance space, sound limits and timings of sound checks, provision of food and drink, and contingency plans in the event of adverse weather conditions.
The Client shall pay Live101 for the Booking and any related services in a timely manner and in accordance with the agreed upon payment terms. Failure to do so may result in the cancellation of the Booking and/or legal action taken against the Client.
The Client shall adhere to the agreed-upon performance conditions and provisions, and shall be responsible for any additional costs incurred by the Artist due to the failure of the Client to provide adequate performance conditions.
The Client agrees to cooperate with Live101 in promoting the Booking and any related events. This includes but is not limited to providing access to promotional materials and allowing Live101 to use the Client's name, image, and likeness for marketing purposes.
The Client agrees to maintain the confidentiality of any confidential information provided by Live101, including but not limited to pricing and booking details, and to not disclose such information to any third party without the prior written consent of Live101.
Any breach of the Client's obligations under this agreement may result in the cancellation of the event and the forfeiture of any fees paid to the Artist or Live101.
Clients must conduct themselves professionally and respectfully when communicating with Live101, its staff, and Artists. This includes all forms of communication, including phone calls, emails, text messages, and in-person meetings.
Clients must not engage in any behavior that is threatening, abusive, harassing, or discriminatory towards Live101, its staff, or Artists. Any such behavior will not be tolerated and may result in the immediate termination of services and legal action.
Clients must provide accurate and truthful information when communicating with Live101, its staff, and Artists. Misrepresentations or omissions of relevant information may result in the cancellation of services and may also result in legal action.
Clients must ensure that all communication with Artists is respectful and professional. Any behavior that is threatening, abusive, harassing, or discriminatory towards Artists will not be tolerated and may result in the immediate termination of services and legal action.
Live101 reserves the right to monitor all communication between Clients and its staff or Artists for quality assurance purposes
The Client may terminate their account with Live101 at any time by providing written notice to Live101.
Upon termination of the Client's account, any outstanding fees and charges owed by the Client will become immediately due and payable.
Live101 may retain and continue to display any materials submitted by the Client on the platform, unless the Client specifically requests for such materials to be removed.
Live101 reserves the right to terminate a Client's account and access to the platform at any time, with or without cause, upon written notice to the Client.
If the Client breaches any Terms or Conditions or policies of Live101, Live101 may terminate the account immediately without prior notice.
Live101 may also terminate the account if the Client engages in any illegal or fraudulent activity on the platform.
In the event of termination by Live101, any outstanding fees and charges owed by the Client will become immediately due and payable.
Live101 may retain and continue to display any materials submitted by the Client on the platform, unless the Client specifically requests for such materials to be removed.
Termination of the Client's account will result in the immediate cessation of all services and benefits associated with the platform.
The Client acknowledges and agrees that Live101 shall not be liable to the Client or any third party for any damages resulting from the termination of the Client's account or access to the platform.
The Client further acknowledges and agrees that Live101 shall have the right to retain and continue to display any materials submitted by Client associated with the Client's account or profile following termination, unless specifically requested by the Client to remove such Client materials.
The Client hereby represents and warrants that:
They have the legal capacity to enter into and perform their obligations under these Terms and Conditions.
They will not use the platform for any illegal or fraudulent activities or engage in any behavior that violates any applicable laws, regulations, or industry standards.
They will not infringe upon any third-party rights, including but not limited to any intellectual property or proprietary rights.
They will not transmit any content that is defamatory, obscene, offensive, or otherwise inappropriate or harmful to Live101, Artists, or third parties.
They will provide accurate and complete information to Live101, including but not limited to the details of the event, venue, and any technical requirements.
They will comply with all applicable laws and regulations regarding the event, including but not limited to any licenses, permits, or insurance requirements.
Live101 hereby represents and warrants that:
The platform and any associated services will be provided in a professional and workmanlike manner, consistent with industry standards and applicable laws and regulations.
Live101 will use commercially reasonable efforts to ensure the security, reliability, and availability of the platform and any associated services, but does not guarantee that the platform will be error-free or uninterrupted.
In no event shall Live101 be liable to the Client or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits or damages arising from loss of use, data, or goodwill, even if Live101 has been advised of the possibility of such damages.
Live101's total liability to the Client or any third party arising out of or in connection with these Terms and Conditions, whether in contract, or otherwise, shall not exceed the amount of fees paid by the Client to Live101 during the two (2) month period preceding the event giving rise to the liability.
Live101 makes no warranties or representations of any kind, express or implied, regarding the platform or any associated services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Live101 does not guarantee that the platform or any associated services will be error-free, uninterrupted, or free.
Client hereby agrees to indemnify, defend, and hold harmless Live101 and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, suits, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Any breach of this Agreement by the Client, including but not limited to any breach of the representations and warranties made herein;
Any negligent, reckless, or intentionally wrongful act or omission by the Client, including but not limited to any infringement of intellectual property rights or other proprietary rights;
Any claim that the Client’s use of the platform or any other service provided by Live101 violates any applicable law, regulation, or industry standard;
Any claim that the Client's use of the platform or any other service provided by Live101 has caused harm to a third party;
Any claim arising out of or related to the Client's Bookings or interactions with the Artist.
Client further agrees to cooperate fully with Live101 in the defense of any such claim and to indemnify and hold harmless Live101 from any and all losses, damages, expenses, and costs (including reasonable attorneys’ fees) incurred by Live101 as a result of any such claim.
In the event that any such claim arises, Live101 shall have the right, at its sole discretion and expense, to:
Modify the Client Content made available through the platform to avoid infringement or alleged infringement of any third party’s intellectual property rights or other proprietary rights;
Terminate the Client's use of the platform and any services provided by Live101.
The indemnification obligations set forth in this section shall survive the termination or expiration of this Agreement.
This indemnification provision shall be in addition to, and not in lieu of, any other indemnification provisions contained in this Agreement or any other agreement between the parties. The Client's obligations under this indemnification provision shall not be affected by any act, omission, or neglect of Live101, whether intentional or not, in connection with the performance of its obligations under this Agreement. The Client's obligations under this indemnification provision shall extend to any and all claims, damages, losses, liabilities, and expenses, including but not limited to reasonable attorneys' fees, arising out of or in connection with any breach of this Agreement or any claim arising from the Client's use of the platform or any other service provided by Live101.
Client acknowledges that Live101 is the sole owner of the brand and its associated properties, including the platform and all intellectual property rights associated with it. Nothing in this Agreement shall be construed as conferring any rights or license to use the Live101 brand or any of its associated properties, including any trademarks or copyrighted material.
Client acknowledges and agrees that Live101 and its licensors own all legal right, title and interest in and to the platform, including any intellectual property rights which subsist in the platform.
Client agrees not to modify, adapt, reproduce, distribute, transmit, display, publish, or create derivative works from any of Live101's intellectual property, including but not limited to the platform, without prior written consent from Live101.
Client further acknowledges that the platform may contain information which is designated confidential by Live101, and that Client shall not disclose such information without Live101's prior written consent.
Client agrees not to use any of Live101's intellectual property, including the platform, for any commercial purposes or for any purposes other than those expressly permitted in this Agreement.
Client agrees to promptly notify Live101 in writing of any known or suspected infringement of Live101's intellectual property rights by any third party. The Client shall cooperate fully with Live101 in any legal action taken by Live101 to protect its intellectual property rights.
Client acknowledges and agrees that any unauthorized use of Live101's intellectual property, including the platform, may result in irreparable harm to Live101, and therefore, Live101 shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such unauthorized use.
The intellectual property rights obligations set forth in this section shall survive the termination or expiration of this Agreement.
The Client acknowledges and agrees that all information received from Live101, including but not limited to, booking details, event information, attendee information, and financial information, is confidential and proprietary to Live101.
The Client agrees to maintain the confidentiality of such information and not to disclose or use such information for any purpose other than the purpose of this Agreement, without the prior written consent of Live101.
The Client further agrees to take all necessary measures to safeguard and protect such information, including but not limited to, implementing appropriate physical, technical, and administrative safeguards to prevent unauthorized access, disclosure, or use of such information.
This confidentiality obligation shall survive the termination or expiration of this Agreement for a period of 2 (two) years, or as otherwise required by applicable law.
The Client acknowledges that any breach of this confidentiality clause may cause irreparable harm to Live101, and therefore, Live101 shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such a breach, in addition to any other remedies available under this Agreement or at law.
The Client agrees to indemnify, defend, and hold Live101 and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of this confidentiality clause by the Client or its agents, representatives, employees, or subcontractors.
The confidentiality obligations set forth in this section shall survive the termination or expiration of this Agreement and shall remain in effect until the confidential information becomes publicly available through no fault of the Client
The Client agrees that any bookings made through Live101's platform are to be made exclusively through the platform. The Client shall not attempt to circumvent Live101's platform or disintermediate Live101 in any way. This includes, but is not limited to, attempting to contact Artists outside of the Live101 platform to make bookings, using information obtained through the Live101 platform to make bookings outside of the platform, or using Live101 solely to generate leads for bookings that are not made through the platform.
The Client acknowledges that any attempt to circumvent the Live101 platform or disintermediate Live101 in any way constitutes a material breach of this Agreement. In the event of such a breach, Live101 shall be entitled to seek all available legal remedies, including but not limited to, injunctive relief and monetary damages.
The Client further acknowledges that any attempt to circumvent the Live101 platform or disintermediate Live101 may result in irreparable harm to Live101's business and reputation, and therefore, Live101 shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such a breach.
The Client agrees that any future bookings with Artists booked through the Live101 platform must also be made through the platform. In the event that the Client wishes to offer an Artist further work as a result of a Live101 booking, they must contact the Live101 team with the details and receive express written permission from Live101 to proceed with the booking outside of the platform.
The provisions of this section shall survive the termination or expiration of this Agreement. The Client agrees that any breach of this section shall result in irreparable harm to Live101 and shall entitle Live101 to seek injunctive relief or any other appropriate legal remedies, in addition to any other remedies available under this Agreement or at law.
Live101 reserves the right to modify or update this Agreement at any time without prior notice. Any modifications or updates to this Agreement will be effective immediately upon posting on the platform.
Client agrees to review this Agreement regularly for any changes. Continued use of the platform and services after any modifications or updates to this Agreement shall constitute acceptance of such modifications or updates.
This Agreement, along with any additional agreements or policies incorporated by reference, represents the entire agreement between Live101 and the Client and supersedes any prior agreements or understandings between the parties.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If any invalid or unenforceable provision is capable of being modified to be valid and enforceable without materially altering the intent of the parties, such modification shall be made.
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts in mumbai India.
The failure of Live101 to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
The provisions of this Agreement that by their nature should survive termination shall survive termination, including but not limited to, Confidentiality for Client, Indemnification, Intellectual Property Rights, Disintermediation and Circumvention and Limitation of Liability. The Client acknowledges that Live101 shall have the right to continue to use any Client Content on the platform even after the termination of this Agreement, unless the Client specifically revokes such license in writing. This provision shall be binding on the Client and shall ensure the protection of Live101's rights in the Client Content.
The Client shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Live101. Live101 may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Client.
All notices, requests, and other communications under this Agreement shall be in writing and shall be delivered by hand, electronic mail, or certified or registered mail, return receipt requested, to the address specified below or such other address as the parties may specify in writing:
If to Live101:
UMW Tech Solutions Private Limited
7th Floor B Wing, Dhanashree Heights,Building No. 42
Unit No 705/706, AzadNagar, Off Veera Desai Road, Andheri (West), Mumbai - 400053
India
Email: info@live101.in
If to the Client:
The contact information provided by the Client on the Live101 platform.
These Terms and Conditions ("Agreement" or “Terms and Conditions”) govern the use of the Live101 platform by artists ("Artist" or "You").
Live101 ("Live101") is an online platform owned and operated by UMW Tech Solutions Private Limited, which connects Artists with potential Clients for live performances.
"Artist" refers to any musician, singer, band, comedian, or other performer who uses the platform to promote their availability for live performances.
By using the platform, Artist agrees to be bound by this Agreement and to comply with all applicable laws, rules, and regulations related to their performances.
In these Terms and Conditions, unless the context requires otherwise, the following words shall have the following meanings:
"Client" means a person or entity that uses the Live101 platform to book an Artist for an Event.
"Event" means a live performance or appearance by the Artist that has been booked by the Client through the Live101 platform, and may include, but is not limited to, concerts, gigs, weddings, corporate events, private parties, and any other live performance or appearance by the Artist.
"Booking" means the agreement between the Client and the Artist for the provision of the Artist's services for an Event, as confirmed through the Live101 platform.
"Booking Amount" means the total amount payable by the Client to Live101 for the Artist's services for an Event, as specified in the Booking confirmation.
References to the singular include the plural and vice versa, and references to any gender include all genders.
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
Any reference to a statute, statutory provision, regulation, or order shall be construed as a reference to that statute, statutory provision, regulation, or order as amended, re-enacted, or replaced from time to time.
Artist must be at least 18 years old to use the platform.
In case the Artist is below the age of 18, they may register on the platform with the consent of their parent or legal guardian, who shall provide their details and accept these Terms and Conditions on the Artist's behalf. The parent or legal guardian shall be responsible for ensuring that the Artist complies with these Terms and Conditions and shall be liable for any breach of these Terms and Conditions by the Artist.
Artist agrees to provide accurate and complete information when registering for an account and to keep the information updated.
Artist is responsible for maintaining the confidentiality of the account and password and for all activities that occur under the account.
Artist agrees to use the platform only for lawful purposes and in compliance with all applicable laws, rules, and regulations.
Artist retains ownership of all content uploaded or submitted to the platform, including but not limited to music, videos, images, and other media. ("Artist Content").
Live101 does not claim ownership of any Artist Content .
Artist grants Live101 a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, distribute, and modify the Artist Content uploaded or submitted to the platform, solely for the purpose of promoting Artist's services and facilitating Booking through the platform.
This license includes the right to use Artist's name, image, likeness, and biographical information in connection with the promotion of Artist's services.
Artist acknowledges and agrees that Live101 may use the Artist Content in any media or format, including but not limited to, social media, email marketing, and other promotional materials.
Artist understands and agrees that Live101 may modify, adapt, or create derivative works from the Artist Content in order to promote or improve the platform.
Artist represents and warrants that Artist owns or has the necessary rights and permissions to grant the license to Live101, and that the use of the Artist Content as licensed hereunder will not violate or infringe the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.
Artist is solely responsible for the accuracy, quality, legality, and appropriateness of the Artist Content.
Artist represents and warrants that the Artist Content does not contain any material that is defamatory, obscene, pornographic, offensive, or otherwise objectionable.
Artist acknowledges and agrees that Live101 does not pre-screen or monitor Artist Content, but that Live101 has the right (but not the obligation) to remove or disable access to any Artist Content that violates this Agreement or is otherwise objectionable.
Artist agrees to indemnify, defend, and hold harmless Live101 and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with Artist's use of the platform, Artist's services, or the Artist Content, including but not limited to any claims of infringement or violation of third party rights.
Artist agrees to cooperate with Live101 in the defense of any such claims, and to reimburse Live101 for any reasonable expenses incurred in connection with such defense.
Live101 reserves the right to remove or disable access to any Artist Content that violates this Agreement or is otherwise objectionable, without liability to Artist.
Artist understands and agrees that Live101 has no obligation to store or maintain copies of any Artist Content beyond what is necessary for the provision of the platform and its associated services.
Live101 does not charge any fees for registration and creating a profile on its website.
Live101 provides a platform for Artists to showcase their talents and connect with potential Clients. Live101 charges a 20% (twenty) non- refundable platform fee (“Platform Fees”) for providing the services which includes but is not limited to the following:
Connecting the Artist with potential Clients and managing the Booking;
Providing a payment gateway for the Clients to make the payment;
Promoting the Artist's profile on its platform.
This Platform Fees is inclusive of all taxes and levies, including but not limited to GST.
By using the platform and any services provided by Live101, Artist agrees to pay Platform Fees.
Live101 reserves the right to modify its Platform Fees and other charges from time to time without prior notice. However, such modifications shall not affect the Platform Fees and other charges applicable to Bookings that have already been confirmed through Live101's platform.
Payment to the Artist shall be made either through the Live101 platform or in cash, as per the choice of the Client. If payment is made through the Live101 platform, the payment shall be remitted to the Artist after deducting the applicable GST within three (3) business days from the date of the Event. In case of cash payment, the Client shall make the payment directly to the Artist.
Furthermore, it is clarified that any cash payments made to the Artist shall not be protected under the Cancellation Policy, and Live101 shall not be responsible for any disputes or issues related to such payments.
The Platform Fees shall be deducted from all payments made to the Artist, irrespective of the mode of payment.
In case of any delay or default in payment by the Client, Live101 shall not be liable for any interest or penalty on such delayed payment.
Live101 reserves the right to change its fee structure at any time, with notice to the Artist.
Live101 will provide notice of any fee changes on the platform.
Artist's continued use of the platform following the notice of any fee changes constitutes acceptance of the new fee structure.
Artist is solely responsible for paying any applicable taxes on income earned from the use of the platform and any services provided by Live101.
Live101 is required to collect and remit GST on behalf of the Artist as per applicable tax laws. The Platform Fees charged by Live101 are inclusive of the applicable GST.
Artist agrees to provide Live101 with any necessary tax information and to comply with all applicable tax laws and regulations.
In the event of any disputes related to Platform Fees or payments, Artist agrees to work with Live101 to resolve the issue in a timely and reasonable manner.
Artist agrees not to initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Live101.
Artist acknowledges and agrees that Live101 is not liable for any third-party fees or charges related to payments made through the platform, such as bank fees or currency conversion fees.
Live101 may withhold payment to Artist if there are any concerns or issues related to the quality or legality of the Artist's performance, or if Artist breaches any of the terms of this Agreement.
Live101 will notify Artist of any concerns or issues before withholding payment, and will work with Artist to resolve the issue in a reasonable and timely manner.
Artist agrees to make all Bookings through the Live101 platform.
Artist acknowledges that Live101 acts solely as an intermediary and does not provide any performance or Event services itself.
The Artist shall provide Live101 with the Artist's available performance dates, performance fees, and other required details for creating a profile on the platform.
Clients can browse the Artist's profiles, select an Artist, and request a quote for their Booking. The Artist shall respond to the Client's request for a quote within a reasonable time, and the quote shall include the performance fee, any additional charges, and terms and conditions for the performance.
Upon acceptance of the Artist's quote, the Client shall pay a 20 (twenty)% advance of the total Booking Amount to Live101 to secure the Event date. The remaining 80 (eighty) % of the Booking Amount shall be paid on the date of the Event, either through the Live101 platform or in cash to the Artist as agreed upon between the Client and the Artist.
Live101 shall deduct its Platform Fees and applicable GST from the Booking Amount before remitting the payment to the Artist.
Artist is solely responsible for providing all performance services and meeting all terms and conditions and obligations associated with each Booking, including but not limited to arranging transportation, equipment, and accommodations.In case of any breach of the terms and conditions, Live101 shall not be liable for any loss or damage suffered by the Client or the Artist.
Artist agrees to communicate with Client promptly and professionally through the platform's messaging system, and to respond to all Booking requests and inquiries in a timely manner.
The Artist acknowledges and agrees that Live101 may promote the Artist's profile and performances through its website and social media platforms for marketing purposes.
If the Client needs to make any changes to the details of the Booking before the Booking has been secured, such as the line-up, performance duration or Booking Amount, the Client must do so using the Live101 site and must be accepted by both, Live101 and Artist, before the Booking is confirmed.
Once the Booking has been secured, Clients should not communicate changes to Booking details to the Artist without first contacting Live101.
If the Client needs to make any changes to the details of the Booking after the Booking has been secured, such as the line-up, performance duration, or the quote, the Client must immediately communicate these changes to Live101 at info@live101.in.
The Artist will be notified of any changes made to the Booking details by Live101, and Live101 will confirm with the Artist whether they are willing and able to perform at the revised Booking details.
If the Artist accepts the revised Booking details, Live101 will update the Booking details on the Live101 site and notify the Client.
If the Artist does not accept the revised Booking details, Live101 will work with the Client to find a suitable alternative Artist or act for the Event.
Any changes to the Booking details made by the Client without the prior written consent of Live101 may result in the cancellation of the Booking and the Client shall be subject to cancellation charges as outlined in the Cancellation Policy.
If the Event schedule runs over the agreed upon time through no fault of the Artist, the Artist shall not be entitled to any reduction in the Booking Amount.
If the Event is extended beyond the original finishing time with the agreement of the Artist, the Artist is entitled to negotiate and receive additional payment from the Client at their discretion. Any such additional payment shall be communicated to Live101 at info@live101.in within 24 (twenty-four) hours of the Event.
In case of any other changes to the Booking that result in additional payment to the Artist, the Artist shall communicate the same to Live101 at info@live101.in within 24 ( twenty-four) hours of the Event.
The Artist shall have the right to refuse to perform beyond the agreed upon finishing time without penalty.
The Client shall be responsible for any costs or expenses incurred by the Artist as a result of any delay or extension to the Event schedule beyond the agreed upon finishing time.
Artist acknowledges that cancellations or changes to Bookings may occur due to unforeseen circumstances.
Artist agrees to promptly notify Live101 and the Client in the event of any cancellation or change, and to work with Live101 and the Client to reschedule or make other arrangements.Live101 shall not be liable for any damages or losses incurred by the Client or any third party due to the cancellation by the Artist.
Artist agrees to comply with the Cancellation Policy.
The Client must provide all relevant performance conditions and provisions to the Artist before a Booking is confirmed. This includes but is not limited to:
Size of performance space
For outdoor performances, contingency plans in the event of rain or adverse weather conditions
Sound limits and timings of sound checks
Provision of food and drink
The Artist has the right to refuse to perform if performance conditions are lower than agreed with the Client, or if the conditions are objectively unacceptable for a live performance.
In the case where conditions are confirmed in advance and not adhered to by the Client, the Artist is entitled to their full fee provided they show evidence of unacceptable conditions.
The Client is responsible for ensuring the venue and performing area is safe for the Artist’s performance. This includes ensuring they are not harassed, insulted or put in danger by guests.
The Artist has the right to leave if they are threatened or endangered by continuing to perform.
Any additional costs incurred by the Artist due to the failure of the Client to provide adequate performance conditions will be the responsibility of the Client and must be paid in full within 24(twenty-four) hours of the Event.
If the Artist is unable to perform due to the failure of the Client to provide adequate performance conditions, the Client will be responsible for any costs incurred by the Artist, including but not limited to travel costs, accommodation costs and lost income.
The Client must provide adequate security at the venue to ensure the safety of the Artist and their equipment. The Client will be liable for any damage caused to the Artist’s equipment due to inadequate security at the venue.
The Artist reserves the right to refuse to perform if the Client does not provide adequate security at the venue.
The Artist must arrive at the venue at the agreed-upon time and have all necessary equipment with them. If the Artist is unable to perform due to their own fault or negligence, they will not be entitled to the full fee.
The Artist must comply with all relevant laws and regulations, including but not limited to health and safety regulations. The Artist will be held responsible for any damage or injury caused by their negligence or failure to comply with relevant laws and regulations.
If the Client requests that the Artist perform a specific set or playlist, the Artist must make reasonable efforts to accommodate the request. However, the Artist reserves the right to refuse any request that they deem inappropriate or offensive.
In the case of outdoor performances, the Artist must comply with all relevant environmental regulations and obtain any necessary permits or licenses.
Artist agrees to indemnify, defend, and hold harmless Live101 and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with any Booking or related services, including but not limited to any claims of breach of contract, negligence, or other wrongdoing by Artist.
Artist agrees to cooperate with Live101 in the defense of any such claims, and to reimburse Live101 for any reasonable expenses incurred in connection with such defense.
By using the Live101 platform and services, the Artist agrees to:
Provide accurate and truthful information in their profile and in all communications with Live101 and Clients;
Maintain professional conduct and adhere to all applicable laws, regulations, and industry standards in relation to any Bookings facilitated through the Live101 platform;
Promptly respond to any inquiries or requests from Live101 or Clients in a timely and professional manner;
Fulfill any Bookings that are confirmed through the Live101 platform, except in cases where cancellation is permitted under the terms of this Agreement;
Provide high-quality and satisfactory performances to Clients, and strive to exceed expectations wherever possible;
Not engage in any activity or behavior that may harm the reputation or interests of Live101, Clients, or any other Artists using the platform; and
Indemnify and hold harmless Live101 from any losses, damages, or expenses arising from the Artist's breach of these obligations or any other terms of this Agreement.
In case the Artist cancels the Booking, the following Cancellation Policy (“Cancellation Policy”) will apply:
If the cancellation is made 7 days or more prior to the Event date, the Artist will be charged a cancellation fee of 20 (twenty) % of the total Booking Amount. The remaining amount will be refunded to the Client within 15 (fifteen) days of cancellation.
If the cancellation is made within 7 days of the Event date, the Artist will be charged a cancellation fee of 50 (fifty) % of the total Booking Amount. The remaining amount will be refunded to the Client within 15 (fifteen) days of cancellation.
The Artist acknowledges that the above cancellation charges are reasonable and reflect the losses that Live101 and the Client may suffer as a result of the cancellation. The Artist agrees to pay the applicable cancellation charges promptly and without delay. Live101 reserves the right to deduct the cancellation charges from any future payments due to the Artist.
In case the Artist cancels a Booking without providing sufficient notice or fails to comply with the Cancellation Policy, Live101 reserves the right to take necessary action, including but not limited to removal of the Artist's profile from the platform and initiating legal proceedings for breach of this Agreement.
The Artist shall not be liable for any cancellation due to force majeure events such as natural disasters, epidemics, pandemics, war, or any other events beyond the Artist's control.
Live101 shall not be liable for any damages or losses incurred by the Client or any third party due to the cancellation by the Artist.
The Artist agrees to comply with the above-stated Cancellation Policy and acknowledges that Live101 shall have the right to enforce the same in case of any breach.
Artist may terminate their account with Live101 at any time by providing written notice to Live101.
Upon termination of the Artist's account, all outstanding fees and charges owed to Live101 must be paid in full within 30 (thirty) business days.
Live101 may retain and continue to display any Artist Content or materials submitted by the Artist on the platform, unless the Artist specifically requests for such Artist Content to be removed.
Live101 reserves the right to terminate an Artist's account and access to the platform at any time, with or without cause, upon written notice to the Artist.
If the Artist breaches any Terms or Conditions or policies of Live101, Live101 may terminate the account immediately without prior notice.
Live101 may also terminate the account if the Artist engages in any illegal or fraudulent activity on the platform.
In the event of termination by Live101, any outstanding fees and charges owed by the Artist will become immediately due and payable.
Live101 may retain and continue to display any Artist Content or materials submitted by the Artist on the platform, unless the Artist specifically requests for such Artist Content to be removed.
Termination of the Artist's account will result in the immediate cessation of all services and benefits associated with the platform.
The Artist acknowledges and agrees that Live101 shall not be liable to the Artist or any third party for any damages resulting from the termination of the Artist's account or access to the platform.
The Artist further acknowledges and agrees that Live101 shall have the right to retain and continue to display any Artist Content associated with the Artist's account or profile following termination, unless specifically requested by the Artist to remove such Artist Content.
The Artist hereby represents and warrants that:
They have the legal capacity to enter into and perform their obligations under these Terms and Conditions.
They are the sole owner of all rights, title, and interest in and to any Artist Content or materials submitted to the platform, or that they have obtained all necessary licenses, permissions, consents, and clearances from any third party owners of such Artist Content or materials.
They have obtained all necessary rights and permissions to use any third-party intellectual property or proprietary rights, including but not limited to any music, logos, images, or other materials incorporated into their Artist Content.
They will not use the platform for any illegal or fraudulent activities or engage in any behavior that violates any applicable laws, regulations, or industry standards.
They will not infringe upon any third-party rights, including but not limited to any intellectual property or proprietary rights.
They will not transmit any Artist Content that is defamatory, obscene, offensive, or otherwise inappropriate or harmful to Live101, other Artists, or third parties.
Live101 hereby represents and warrants that:
The platform and any associated services will be provided in a professional and workmanlike manner, consistent with industry standards and applicable laws and regulations.
Live101 will use commercially reasonable efforts to ensure the security, reliability, and availability of the platform and any associated services, but does not guarantee that the platform will be error-free or uninterrupted.
In no event shall Live101 be liable to the Artist or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits or damages arising from loss of use, data, or goodwill, even if Live101 has been advised of the possibility of such damages.
Live101's total liability to the Artist or any third party arising out of or in connection with these Terms and Conditions, whether in contract, or otherwise, shall not exceed the amount of fees paid by the Artist to Live101 during the two (2) month period preceding the event giving rise to the liability.
Live101 makes no warranties or representations of any kind, express or implied, regarding the platform or any associated services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Live101 does not guarantee that the platform or any associated services will be error-free, uninterrupted, or free.
The Artist agrees to indemnify, defend, and hold Live101 and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, demands, suits, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Any breach of this Agreement by the Artist, including but not limited to any breach of the representations and warranties made herein.
Any negligent, reckless, or intentionally wrongful act or omission by the Artist, including but not limited to any infringement of intellectual property rights or other proprietary rights.
Any claim that the Artist’s performance or any other aspect of the Artist’s activities or Artist Content made available through the platform has caused harm to a third party.
Any claim that the Artist’s activities or Artist Content made available through the platform violate any applicable law, regulation, or industry standard.
Any claim that the Artist’s use of the platform or any other service provided by Live101 infringes upon or misappropriates any intellectual property rights or other proprietary rights of any third party.
The Artist agrees to cooperate fully with Live101 in the defense of any such claim and to indemnify and hold Live101 harmless from any and all losses, damages, expenses, and costs (including reasonable attorneys’ fees) incurred by Live101 as a result of any such claim.
In the event that any such claim arises, Live101 shall have the right, at its sole discretion and expense, to:
Modify the Artist Content made available through the platform to avoid infringement or alleged infringement of any third party’s intellectual property rights or other proprietary rights.
Terminate the Artist’s use of the platform and any services provided by Live101.
The indemnification obligations set forth in this section shall survive the termination or expiration of this Agreement.
The Artist acknowledges that Live101 is the sole owner of the brand and its associated properties of Live101, and nothing in this Agreement shall be construed as conferring any rights or license to use the Live101 brand or any of its associated properties, including any trademarks or copyrighted material.
The Artist acknowledges and agrees that Live101 and its licensors own all legal right, title and interest in and to the platform, including any intellectual property rights which subsist in the platform.
The Artist further acknowledges that the platform may contain information which is designated confidential by Live101, and that the Artist shall not disclose such information without Live101's prior written consent.
The Artist represents and warrants that the Artist has the necessary rights to grant Live101 the license to use any Artist Content.
The Artist further represents and warrants that the use, reproduction, distribution, transmission, or display of the Artist Content on the platform shall not violate any applicable laws or regulations or infringe upon any third-party intellectual property rights.
The Artist acknowledges that Live101 and any other Live101 product or service names, logos or slogans that may appear on the platform or in any other materials provided by Live101 are trademarks or registered trademarks of Live101 and may not be copied, imitated or used, in whole or in part, without the prior written permission of Live101.
If the Artist believes that its Artist Content has been copied in a way that constitutes copyright infringement or any other intellectual property infringement, the Artist should notify Live101 in writing at the following email address: info@live101.in. The notice must include:
A physical or electronic signature of the Artist or its authorized representative;
Identification of the copyrighted work or other intellectual property that the Artist claims has been infringed;
A description of the material that the Artist claims is infringing and where it is located on the Live101 platform;
The Artist's contact information, including its address, telephone number, and email address;
A statement by the Artist that it has a good faith belief that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law; and
A statement by the Artist, made under penalty of perjury, that the above information in the notice is accurate and that the Artist is the intellectual property owner or authorized to act on the owner's behalf.
The Artist acknowledges that any breach of this Agreement by the Artist may cause irreparable harm to Live101, for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available to Live101 at law or in equity, Live101 shall be entitled to seek injunctive relief to enforce the terms of this Agreement without the necessity of proving actual damages. The Artist further agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by Live101 in enforcing the terms of this Agreement.
Upon termination of this Agreement for any reason, Live101 shall retain the license granted by the Artist to use and distribute the Artist Content, unless the Artist specifically revokes such license in writing.
The termination of this Agreement shall not affect any rights or obligations of either party arising prior to the termination date, including but not limited to payment obligations and indemnification obligations.
The Artist agrees to keep all information received from Live101 or the Client, including but not limited to, booking details, event information, and financial information, confidential and not to disclose such information to any third party without prior written consent from Live101 or the Client.
The Artist further agrees to take all reasonable measures to maintain the confidentiality of such information, including, but not limited to, not using such information for any purpose other than the performance of the Artist's obligations under this Agreement.
This confidentiality obligation shall survive the termination or expiration of this Agreement for a period of 2 years.
The Artist acknowledges that any breach of this confidentiality clause may result in irreparable harm to Live101 and/or the Client, and therefore, Live101 and/or the Client shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such a breach.
Live101 reserves the right to modify or update this Agreement at any time without prior notice. Any modifications or updates to this Agreement will be effective immediately upon posting on the platform.
Artist agrees to review this Agreement regularly for any changes. Continued use of the platform and services after any modifications or updates to this Agreement shall constitute acceptance of such modifications or updates.
This Agreement, along with any additional agreements or policies incorporated by reference, represents the entire agreement between Live101 and the Artist and supersedes any prior agreements or understandings between the parties.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If any invalid or unenforceable provision is capable of being modified to be valid and enforceable without materially altering the intent of the parties, such modification shall be made.
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts in mumbai, India.
The failure of Live101 to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
The provisions of this Agreement that by their nature should survive termination shall survive termination, including but not limited to, Content Ownership and License, Confidentiality for Artist, Indemnification, Intellectual Property Rights Limitation of Liability, and Remedies. Live101 shall also have the right to continue to use any Content provided by the Artist on the platform even after the termination of this Agreement, unless the Artist specifically revokes such license in writing.
The Artist shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Live101. Live101 may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Artist.
All notices, requests, and other communications under this Agreement shall be in writing and shall be delivered by hand, electronic mail, or certified or registered mail, return receipt requested, to the address specified below or such other address as the parties may specify in writing:
If to Live101:
UMW Tech Solutions Private Limited
7th Floor B Wing, Dhanashree Heights,Building No. 42
Unit No 705/706, AzadNagar, Off Veera Desai Road, Andheri (West), Mumbai - 400053
India
Email: info@live101.in
If to the Artist:
The contact information provided by the Artist on the Live101 platform.
These Terms and Conditions ("Terms" or “Agreement”) shall apply to all clients who register as a business ("Client"), including but not limited to event planners, cafe owners, and hotels, who intend to hire artists on payroll or want to make bulk deals through the online platform operated by UMW Tech Solutions Private Limited ("Live101" or "we" or "us" or "our").
By using Live101's platform, the Client agrees to be bound by these Terms, the Privacy Policy, and any other policies or guidelines posted on the platform. If the Client does not agree to these Terms, they should not use the platform.
