General conditions
Definitions
“Agreement” is the services agreement executed between the Agent or Artist on the one hand and the Event Organiser on the other hand, after introduction via the Platform;
“Agent” means the legal person acting as agent or agency office on behalf of an Artist and promoting the Services of the Artist on the Platform;
"Artist" means the natural person, company (legal person) or collective who wishes to promote his/her Services on the Platform;
"Event Organizer" is the event organiser searching for Artists on the Platform;
“Individual” is a natural person who is searching for Artists on the Platform (for private purposes);
"Force Majeure" means the situation in which the performance of the obligations of Platform Provider is prevented in whole or in part, temporarily or otherwise, beyond the control of Platform Provider. The following, among others (not limitative), are considered Force Majeure: fire, war, terrorist attacks, adverse weather conditions, force majeure of the external service providers, defectiveness of products of the external service providers, government measures, failure of Internet, data network or telecommunication facilities, the unavailability of third-party servers, strike, unavailability of employees and/or their equipment, general transportation problems and electricity failure;
"Personal Data" means the personal data (of a User) as defined in the GDPR;
"Platform" means www.streettheater.net;
“Platform Fee” is de the fee payable by Artists and Agents as referred to in Article 3 and defined on the Platform;
“Platform Provider” means the company as defined in the legal information section on the Platform, who operates the Platform;
“Services” are the services which may consist of (but not limited to) artistic performances offered by Artists or Agents promoted via the Platform;
"Terms of Use" are these terms and conditions applicable to the use of the Platform by Users;
“User” is the Event Organizer, Artist, Agent and/or Individual using the Platform.
Terms of use of the platform
Article 1. Scope of the Terms of Use
The Platform aims at bringing Artists (and/or Agents) and Event Organizers in contact with each other. These Terms of Use apply to the use of the Platform by Artists, Agents, Individuals and Event Organizers and set out the conditions under which Artists (or Agents) may promote their services via the Platform.
Agreements executed between Artists (or Agents) and Event Organisers do not fall within the scope of these Terms of Use. B2B transactions through the Platform are not allowed under any circumstances. In any event, any Agreements executed between Users take place outside the Platform.
Article 2. Use of the Platform
General
Any use of the Platform is always at the sole responsibility of the User. When the User is a company, the company ensures that their respective authorized users comply with the provisions of these Terms of Use.
Platform Provider accepts no liability for any damages resulting from the use of the Platform.
The User must always refrain from acts that may have a harmful impact on the proper functioning and security of the Platform, as well as on other Users of the Platform. Thus, it is prohibited to use the Platform for the distribution of content that may cause harm to (other Users of) the Platform, such as the distribution of harmful software such as computer viruses, malware, worms or trojans.
Any abuse in the use of the Platform may result in the termination of a User's account, without prejudice to Platform Provider's right to claim damages.
User account
An Artist or Agent who wishes to promote its Services through the Platform and an Event Organizer or Individual who wishes search for Artists through the Platform must create an account on the Platform Provider through the website www.streettheater.net.
At the time of creation of the account, the User will be requested to accept these Terms of Use; the acceptance of these Terms of Use is a requirement for activation of the account.
The User guarantees that the data it passes on to the Platform Provider for the purpose of creating such account is correct and complete. If there are any changes, the User must pass these on to the Platform Provider without undue delay.
Users can rate each other by stars, with five (5) stars corresponding to excellent quality and one (1) star corresponding to a very poor rating. The rating will be showcased on the User’s Account.
For Artists and Agents, use of the Platform is subject to payment of the Fees defined in Article 3.
Suspension and termination of the use of an account
Suspension
- i) Platform Provider suspects that the User violates the Terms of Use;
- ii) the User infringes any intellectual property rights of Platform Provider, third parties or other Users;
- iii) the Artist or Agent has not paid the Platform Fee.
Platform Provider is entitled to suspend the use of the account and block access to the Platform in case:
Termination
- i) Fraud committed by the User;
- ii) A proven gross error or material contractual breach by the User which has not been rectified it within a period of thirty (30) calendar days after it was served with a notice of default by registered letter by Platform Provider claiming the error or breach.
Platform Provider is entitled to terminate the account with immediate effect in the following cases:
In the event of termination of the account by Platform Provider pursuant to the provisions of this Article, Artist or Organizer may not claim any compensation from Platform Provider.
In order to be entitled to promote its Services on the Platform, each Artist or Agent shall pay an annual platform fee (“Platform Fee”). The applicable Platform Fees are defined on the Platform's website. All fees are inclusive of VAT (and any administrative costs).
Event Organisers and Individual Users are exempted from paying the Platform Fee.
On the date of activation of an account, the Artist or Agent will be requested to proceed with payment of the Platform Fee. The Platform Fee covers the use of the Platform for a one (1) year term. The Fee will be settled via the payment platform Mollie.
Prior to expiration of the current subscription period, the Platform Provider will send the Artist or Agent a payment invitation/reminder to renew payment of the Platform Fee.
In case of non-payment of the Platform Fee, Platform Provider shall have the right to suspend Artist's use of the Platform without prior notice. If the Payment Fee has not been paid, after 2 reminders sent by Platform Provider, the account of such Artist or Agent will be terminated.
Artist and Agent hereby warrants:
- i) that the offer of its Services is not misleading or otherwise in violation of applicable laws or regulations;
- ii) the information (as well as any video footage or pictures uploaded on the Platform) offered does not infringe any third party rights (such as, but not limited to, intellectual property rights);
- iii) that its actions on the Platform will not harm the reputation and/or image of Platform Provider or the Platform or of any other User;
- iv) act at all times in accordance with Platform Provider's guidelines and instructions regarding the use of the Platform.
The Event Organizer hereby guarantees, with respect to Platform Provider:
- i) that its actions on the Platform will not harm the reputation and/or image of Platform Provider or the Platform or of any other User
- ii) to act at all times in accordance with Platform Provider's guidelines and instructions regarding the use of the Platform.
The User acknowledges that all (intellectual property) rights vested in the Platform, its design and all brands and logos of Platform Provider are and will remain the property of Platform Provider and may not be used in any way by the User without the prior written permission of Platform Provider.
All videos that an Artist or Agent posts or submits through the Platform are considered non-confidential and non-proprietary. With respect to such submissions, the Artist grants to Platform Provider a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, edit, publish and exercise all copyright and publicity rights with respect to such work worldwide and/or to include in other works in media now known or later developed for the full duration of any rights to such content, provided that the moral rights of the author in question are respected, and only for the purpose of promotion and marketing of the Platform. By submitting a video or picture, the Artist (or Agent) warrants that such contribution is his/her own original work (or that he/she has the right to make it available to Platform Provider for all the purposes mentioned above by its licensor).
The Event Organiser acknowledges that the submissions of video footage or pictures by an Artist or Agent do not imply a license granted to the Event Organiser to use such videos or pictures. Any use of videos or pictures uploaded on the Platform by an Artist or Agent may only be used by an Event Organiser subject to entering into a separate license agreement executed between the Artist owning the rights on such videos or pictures and the Event Organiser wishing to make use of these videos or pictures for promotion of its events.
Users shall under no circumstances file and/or register in his/her own name, a trademark or domain name registration containing the element "streettheater.net" or any element or logo similar thereto.
The implementation of these Terms of Use involves the processing of Personal Data. For the processing of Personal Data in execution of these Platform Terms, Platform Provider has the capacity of a data controller according to the General Data Protection Regulation.
Regarding the manner in which Personal Data is processed in execution of these Terms of Use, we refer to the Privacy Statement which you can consult by clicking on the following link.
Each User is responsible for its respective use of the Platform and of account.
The Platform Provider merely provides the technical tool (i.e. the Platform) that allows Artists (and Agents) and Event Organizer to find each other. Therefore, Platform Provider can in no way be held liable in the event of a dispute between an Artist (or Agent) and an Event Organizer for any reason whatsoever.
Platform Provider accepts no responsibility or liability regarding the content of material posted or published by an Artist (or Agent) on the Platform.
Each User agrees to indemnify, defend and hold harmless Platform Provider from any claim, liability, cost, damage or loss that Platform Provider may incur (including but not limited to legal fees) as a result of
- i) any breach by the User of its obligations under these Terms of Use or
- ii) as a result of or in connection with the conclusion and/or performance of the final Agreement between Artist (or Agent) and the Event Organizer or
- iii) any infringement of third party intellectual property rights.
Platform Provider cannot be held liable in any way, implicitly or explicitly, for:
- i) the integrity, accuracy, appropriateness, non-falsification, availability, quality, reliability, completeness of the services offered by an Artist or Agent, regardless of its nature (texts, videos, photographs, and others), nor for its suitability for the intended use by the Event Organiser or for the consequences of such use;
- ii) cases of fraud resulting from contacts made through the Platform. Users undertake to report abnormal or clearly fraudulent behaviour to Platform Provider as soon as possible.
Except in the case of intent and/or gross negligence on the part of Platform Provider, Platform Provider cannot be held liable in any way for direct or indirect damages suffered by Artist/Organizer in connection with the use of the Platform, the account or the final services, such as - but not limited to - damages and costs resulting from the improper functioning of the Platform and technical failures.
The Platform is accessible through an Internet connection of the User. Accordingly, Platform Provider cannot guarantee that the Platform will be accessible without interruption.
In the event that Platform Provider is unable to make the Platform available for reasons of Force Majeure, Platform Provider can in no case be held liable for any damages resulting from this.
Article 8. Complaints
If a User is not satisfied with the way in which Platform Provider offers and performs its services, Artist/Organizer may submit a complaint to Platform Provider free of charge by sending an email to the email address: info@streettheater.net.
Article 9. Applicable law and competent jurisdiction
These Terms of Use are subject to Belgian law. In case of disputes regarding the acceptance, validity, interpretation, execution of these terms and conditions, the courts of the judicial district of East Flanders, Ghent division will have exclusive jurisdiction.
Article 10. Miscellaneous