The Live101 and the Talent/ Performers/ Singers/ Musicians/ Teachers/Event Companies/Users are hereinafter referred to collectively and singularly as “Parties” and “Party” respectively.
While Using the services and/or facilities of Live101 all users explicitly agree and acknowledge to have read and accepted the following terms and conditions of usage.
The Live101 is inter alia engaged in the business of online booking and promotional tools and platform for artists, performers, musicians, agents, talents, and event planners and entertainment/performance buyers of all types packages & talents. The main object of the Live101 Records is as follows:-
The Talent is a Singer/Musician/Teacher/Band
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
Live101, including all sub–domains and mobile apps thereof (collectively, hereinafter called the “Site”) is owned and operated by Live101 The Site provides online booking and promotional tools and platform for artists, performers, musicians, agents, talent (referred to as “Talent”), and event planners and entertainment/performance buyers of all types (referred to as “Client”). In these Terms and Conditions, the words “Talent”, “Talents”, “Member” and “User” refers to any person accessing or using the Site (which may imply either a Talent or a Client, as the case may be), and the words “we”, “us”, and “our” refers to Live101 .
In order to use Live101, Talent must be at least 18 years of age, or the legal age to form a binding contract in Talents’ jurisdiction, if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (herein after the “Minors”) are prohibited from registering for and/or booking talent on this Site. A legal guardian of a Minor may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian shall be solely responsible for everything done with that user account. Talent represent that the information provided about talent, as required in any account registration form on Live101, is accurate and complete.
Without limitation to all other rights, Live101 expressly reserve the right at any time to:
Modify these Terms and Conditions;
Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings;
Terminate the membership/user account of any Member that does not comply with these Terms and Conditions;
Modify fee structure or charges for using the Site or its services.
Online Conduct. At all times when using or accessing this Site, Talent agree that:
Talent are solely responsible for the content or information talent publish or display (hereinafter, the “Post”) on the Site or transmit to other Members.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer
download any file posted by another user of a Service that Talent know, or reasonably should know, cannot be legally distributed in such manner.
Talent will not falsify Talent identity, misrepresent itself or cause any misleading information to be entered in any way on the Site or in Talent’s Profile.
Talent will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site.
Talent will not transmit any chain letters, spam or junk email to other Members or to Live101.
Talent will not express or imply that any statements Talent make are endorsed by Live101, without our specific prior written consent.
Talent will not harvest or collect personal information about other Members whether or not for commercial purposes, without Live101 written consent.
Talent will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
Talent will not post, email or otherwise transmit any material that contains software viruses or malware.
Talent hereby grant Live101 permission to add content to Talents’ user profile at its sole discretion, by uploading content found on the website link that Talent post as Talent “Official Website” or “public profile” in order to increase the quality or presentation of Talent Profile.
Talent will not modify, adapt, sub–license, translate, sell, reverse engineer, decipher, de–compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
Talent(s) are solely responsible for Talents’ interactions with other Members. Live101 reserves the right, but has no obligation to monitor disputes between Talent and other Members.
If the Site provides review options, Talent will not, for any reason, directly or indirectly submit reviews to a Profile with which Talent are affiliated. Reviews shall only be posted by actual clients who had booked Talent. Talent may dispute any review Talent feel to be fraudulent, but the removal of reviews is solely at Live101 discretion. Also, writing reviews for Talents’ competitors with the intent of affecting their reputation will result in immediate termination of Talents’ User account without any refunds.
Talent will not re–sell or re–offer any lead Talent receive through Live101 to another Talent and/or Client (as the case may be), nor will Talent re–offer or post to any website any lead Talent receive through Talent relationship with this Site. Failure to comply with these provisions outlined above may result in immediate suspension or termination of Talent right to use the Site. Live101 reserves the right, in its sole discretion and in all instances, to determine whether a Member/User has or has not complied with any provision contained in these Terms.
Talent will not default and will make best endeavor to fulfill any engagement/booking made through Live101 as a platform or user
When Talent register at our Site, Talent will create a password and a user id, which will provide Talent access to certain services and materials available through the Site unless revoked by Live101 for any reason. Talent agree not to disclose Talents’ user id and password to any third party. Talent agree to be responsible for and to indemnify, defend and hold Live101, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of Talent’s login name or password.
Live101 does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, Live101 does not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our Users’ convenience. Access to such other sites is at Talent’s own risk, and We disclaim all liability with regard to Talent’s access to such linked web sites. In addition, Live101 do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Live101 is used as part of the link to this Site.
Any Talent who registers, uses or takes the assistance of the Site (or its operator) to sell his talent, skill, performance or art (whether for a fee or without consideration), such Talent agrees to the following deliverables (without prejudicing or derogating from any of the general obligations under Part–A):
Talent shall provide the relevant information including photos and videos as required by Live101 for featuring the Talent on the Site.
Upon receiving a request for quote, Talent shall provide the fees quote to Live101 or user as the case may be; for any event inquired.
Talent shall coordinate with Live101 or user, as the case may be, for finalizing the terms for providing the services required by Client.
Talent represents and warrants that he/she:
shall make himself available for any events booked through Live101 or user, as the case may be, for the duration agreed with the Client and shall provide the services as agreed with the Client diligently.
shall not infringe or misuse the intellectual property rights of third party.
shall abide with all the rules and regulations related to the venue of his performance.
shall not insult, hurt the sentiments of any party or use abusive language venue of his performance. Acknowledges the Site or service does not guarantee the furtherance his careers, help him financially or otherwise produce income.
All users, Talent(s) and others alike, hereby agree that it is the responsibility of the talent and/or user to check the credentials and quality of the talent/user before engaging in the said services for any event/gig. Live101 is in no ways responsible for any dealing/performance/gig that has been completed through the use of Live101
Users agree that the Client or users, as the case may be, shall be responsible for obtaining all licenses, permits, consents and approvals for hosting the event/performance, and shall be responsible for all statutory compliances related to the event at its cost. If due to any circumstance, Live101 is compelled or obliged to bear any statutory, regulatory, industry–association, trade–body, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and indemnified by the Client on demand by Live101
Users agree that Live101 is only a platform for bringing together the Talent and Client and is not involved with the actual organization and hosting of the event or performance, which is the sole responsibility of the Client. Live101 is not liable for any defaults for non–compliance with statutory rules and regulations applicable on the event.
The talent(s) hereby agree and understand that Live101 is in no way responsible for the completion of any gig/event booked through Live101 and hence will not hold Live101 responsible in any ways for any loss (notional or otherwise) that might originate by virtue of any cancelation of any gig.
The talent explicitly accepts that Live101 is not in any way beneficiary of any gig/event that is initiated/completed through Live101 and hence Live101 will not be made liable/responsible in any way for any loss of any kind that the talent(s) may have incurred.
The talent and users/event companies hereby reiterate and accept that Live101 is only a platform and has no involvement regarding the monetary transaction, hence both users and talent agree to keep Live101 indemnified under all circumstances.
Users agree that they shall directly enter in to / laise with / solicit engagement from other Users who have been referred through / first contacted through or placed a request for quote through Live101’s Site.
The contents of our Site, and the Site as a whole, is intended strictly for the purposes of: (i) providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements (collectively, “Permitted Uses”). Talent represent and warrant that Talent understand, and agree, that Live101 is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any Users of this Site regarding the provisions of services at any event or engagement. While we do believe that Live101 Members will achieve some amount of exposure from a listing on the Site, we do not guarantee in any way that the use of the Site will produce paying clients for our members.
We do not represent or guarantee that this Site will further the careers of our Members, help them financially or otherwise produce income. Failure to receive the outcome Talent expected does not warrant a refund of payment. Furthermore, Live101 does not take responsibility for the content of any Member profile, or Member services offered on any profile. Concerns regarding any such service, resource, or link posted or offered by a Member should be directed to the particular Member.
Live101 does not endorse, sanction, or verify Members on this website. Contacting these Members, whether through our services or separately is at Talent’s own risk, and we disclaim all liability with regard to Talent’s dealings with any Member listed on this Site.
Most importantly, Client and Talent acknowledge that Live101 is not involved in the actual performance or the governance of the relationship between them, and any disputes, fights, disagreements or any nature of claim between them shall at all times be without any reference to, or any liability on, Live101.
Intellectual Property Rights
Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties vested in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Live101. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Live101. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, Live101 does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Live101 hereby expressly disclaims any such affiliation or endorsement. Talent may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site.
With respect to any photographs, designs, images, video clips, sound clips, or other media files Talent may provide to Live101 for posting on Talent’s Profile (collectively, “Submissions”), such Submissions shall remain Talent’s property. Talent hereby unconditionally grant to Live101 a non–exclusive, irrevocable and royalty–free license to use, reproduce, publicly perform and publicly display, the Submissions solely in connection with the site. Live101 does not endorse, sanction or verify, and specifically disclaims responsibility or liability for any User profiles. Talent represent, warrant and agree (i) that Talent are authorized to submit the Submissions Talent provide to Live101 and to license the same to Us as set forth above; and (ii) that all Submissions submitted by Talent to the Site does not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). Talent agree to keep a copy of any content Talent provide, as Live101 shall have no obligation to return any content to Talent should it become damaged or lost.
Users agree that Live101 shall have the a non–exclusive, irrevocable and royalty–free license and right to use, reproduce, display, exhibit or otherwise utilize imagery, photographs and limited portions of video recordings of the performances/events performed by the Talent under a Client booking. This license to such materials shall be used by Live101 for limited and reasonable purposes of its promotional and advertorial activities, and may also be displayed through Live101’s archives, brochures, digital properties and Site.
These Terms and Conditions shall be governed by the laws of India, and courts at Mumbai shall and exclusive jurisdiction to adjudicate upon any dispute under, or interpretation of this, electronic contract.
The Talent will not have any claims / rights / interest in any manner (monetary or any other form ) on the said song/work and no amount will be paid by the Company for commercial use of this song/work on sale of Cassettes or CD’s or in any other form [which includes electronic and digital form also] as existing now and /or which may be invented in the future date. The Talent hereby expressly acknowledge that no fees, royalties, residuals or other consideration will be payable to him in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by the Company of the said song or any part thereof in any manner or media now known or hereafter invented.
The Talent hereby undertakes not to disclose, reveal or make public except with the prior written consent of the Live101, any information whatsoever concerning the exploitation of the composed music , the Work, any financial or other information relating to the Live101 and including this Agreement and the contents hereof.
Talent hereby represents and warrants to the Live101 that:
The Talent expressly acknowledges and agrees 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 or exploit the Work including any and all products of the Services of the Talent.
The Talent is competent and free to enter into this Agreement and is not under any disability, restriction, or prohibition, contractual or otherwise, which might prevent the Live101 from effectuating any terms of this Agreement, or which might prevent the Talent from rendering the Services to the Live101 or observing any of the Talent’s obligations under this Agreement;
The Talent further represents that he has not entered into and shall not enter into any agreement / arrangement / understanding with any third party which might conflict with this Agreement;
The Talent shall not commit any act which might prejudice or damage the reputation of the Live101, or which might inhibit, restrict or interfere with the successful exploitation of the Rights and / or the product of the Services by the Live101 or Live101 at any time;
The Talent shall not in any manner whatsoever circumvent or otherwise frustrate the intent of this Agreement.
No third party engaged by him in pursuance of this Agreement shall have any intellectual property rights and moral rights in and to the product of the Services
The Talent hereby agrees to indemnify and keep the Live101 and Live101 indemnified at all times from any and all claims, damages, costs and expenses (including legal expenses) that may be incurred by the Live101 and/or Live101 due to or in relation to the non-performance or breach or alleged breach of any of the Services and obligations of the Talent and including for claims that may arise from third parties due to infringement or violation of any copyright by the musical compositions composed by the Talent. The Talent expressly agrees that time is of essence to this Agreement and any failure by it to deliver the deliverables by the deadline, shall cause extensive damage to the Live101 and the Live101 which in turn shall be indemnified by the Talent.
This Agreement shall be governed by the laws of India. All matters arising hereunder shall be subject to the exclusive jurisdiction of the Courts at Mumbai.
This Agreement, together with all Agreements and documents executed contemporaneously with it or referred to in it, constitutes the entire Agreement between the Parties in relation to its subject matter and supersedes all prior agreements and understandings whether oral or written with respect to such subject matter and no variation of this Agreement shall be effective unless reduced to writing and signed by or on behalf of a duly authorized representative of each of the Parties.
In the event that any term, condition, or provision of this Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in this Agreement. Notwithstanding the above, in the event of any such deletion, the Parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.
This Agreement may be executed in any number of counterparts or duplicates, each of which shall be original but such counterparts or duplicates shall together constitute one and the same Agreement.
Time shall be of the essence for the purposes of any provision of this Agreement.
The terms referred to in this Agreement, unless defined otherwise or unless inconsistent with the context or meaning thereof, shall bear the same meaning as defined under the relevant statute/legislation. All references in this Agreement to statutory provisions shall be construed as meaning and including references to:
any statutory modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force;
all statutory instruments or orders made pursuant to a statutory provision; and
any statutory provisions of which these statutory provisions are a consolidation, re-enactment or modification.
Words denoting singular shall include the plural and words denoting any gender shall include all genders.
References to Recitals, Articles, clauses, Annexures or Schedules unless the context otherwise requires, shall mean references to recitals, articles, clauses, Annexures or schedules contained in this Agreement
Any reference to “writing” includes printing, typing, lithography and other means of reproducing words in permanent visible form, including in the electronic form.
The terms “include” and “including” shall mean “include without limitation”.
The headings/ subheadings/ titles/ subtitles to articles, clauses, sub-clauses and paragraphs are for information only, shall not form part of the operative provisions of this Agreement or the Annexures, and shall be ignored in construing the same.
The Parties have not entered into and shall not enter into any agreements, either oral or written, which are in / or shall be in conflict with this Agreement. The Talent agrees that he shall not enter into any agreement after the termination of this Agreement, which is in conflict with his obligations under this Agreement. The Parties further agree that this Agreement shall supersede all agreements between them prior to the date of execution of this Agreement. This Agreement shall supersede all earlier agreements/arrangement between the parties/party in regard to the subject matter contained herein.
This Agreement is non-assignable by the Talent. The Live101 may freely assign this Agreement and its rights and obligations herein to the Live101 or any other person or entity designated by the Live101 .
This Agreement will be binding upon the Parties hereto and all its agents, employees, nominees, associates, partners, successors and permitted assigns and if the Talent is an individual shall include representatives, administrators and executors.
The captions used in connection with the clauses and sub-clauses of this Agreement are inserted only for the purpose of reference. Such captions shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement or any part thereof; nor shall such captions otherwise be given any legal effect.
The Parties hereto shall dutifully perform all covenants of this Agreement in letter and spirit and shall otherwise act with due diligence and in good faith.
Nothing in this Agreement shall constitute or be deemed to constitute a partnership or agency between any of the Parties hereto and none of them shall have any authority to bind the other in any way. This Agreement is on principal-to-principal basis and nothing contained herein shall be deemed as any collaboration or partnership or any agency between the Parties hereto. Neither Party is, nor shall be deemed to be, an agent of the other.