TERMS OF SERVICE

 

Welcome to beatvyne! We’re happy to have you on board. We hope you’ll be part of some exciting gigs, and we’d ask you to follow our house rules.

 

1 ACCEPTING THE TERMS

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Service (the “Terms” for short).

 

Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

 

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a registered Member of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and beatvyne.

 

In particular, Hosts should understand how the laws work in their respective cities. Some cities have laws that restrict their ability to host Gigs in private spaces for commercial gain. These laws are often part of a city’s zoning or administrative codes. In many cities, Hosts must register, get a permit, or obtain a license before listing a space as a venue. Local governments vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. Hosts should review local laws before listing a space on beatvyne.

 

By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you do not agree to these Terms, you have no right to continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

 

2 OTHER DOCUMENTS AND DEFINITIONS

2.1 Other Documents

beatvyne is a live music marketplace that connects Fans with Artists in unique music spaces. The platform provides the ability for Hosts to book artists and set up gigs between themselves and sell tickets to Fans (collectively, the “Services“), which Services are accessible at www.beatvyne.com and any other websites through which beatvyne makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).

 

Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

If you’re a Host or Artist, and list your Services for sale on beatvyne, our Bookings Policy applies to you.

If you’re a Fan, using beatvyne to browse Artists or purchase Tickets, these policies apply to you.

 

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you in addition to this document.

 

2.2 Definitions

Applicable Laws – all relevant laws, statutes, rules, regulations, guidelines, directives and codes;

beatvyne Content – all Content that beatvyne makes available through the platform or Services, including any Content licensed from a third party, but excluding Member Content;

Member Content – any and all content uploaded to beatvyne by users including but not limited to any text, information, reviews, images, software, code, audio recordings, videos, links to third party websites or content;

Artist – an artist, performer or musician registered with beatvyne and offering Services for Gigs;

Artist Terms – any terms and conditions of an Artist relating to their provision of Services, including any cancellation terms;

Customer – a Member who requests a booking of an Artist Service via the platform or Services, or a Member who partakes in Artist Services and is not the Customer for such Services;

Booking Contract – the contract between a Host and Artist pursuant to which Services are provided to host a gig in respect for a Fee;

Listing – a Service or Services that are listed by an Artist, Host or Curator (including beatvyne) as available for hire or booking via the platform;

Member – a person who completes beatvyne’s account registration process, including, but not limited to, Artists and Customers, as described under “Account Registration” below;

Gig – an event or occasion hosted by a Host for which the Host requires the Services of an Artist;

Host – a registered Member of beatvyne looking to book the Services of an Artist for a gig;

Fan – a registered Member of beatvyne looking to use the platform to discover new music or access events in hosts spaces.

Curator – a registered Member of beatvyne looking to book an ‘Available Space’ in order to set up an event.

Available Space – a registered Member of beatvyne looking to rent their space out to a Curator Host whom is setting up an event.

Artist Fee – the Artists’ fee for providing Services at a Gig as agreed between a Host and an Artist which shall be inclusive of any applicable local taxes, licenses required and the currency applicable to the location of the Gig (including if applicable VAT);

Quote – means a quote provided by an Artist setting out the proposed or agreed terms (including the Fee) relating to the booking of Services for a Gig;

Refunds, Cancellations and Complaints Policy – means the policy relating to the handling of refunds, cancellations and complaints between Hosts and Artists relating to Booking Contracts that both Hosts and Artists must comply with; and tickets to Gigs purchased by Fans;

Services – the musical or performance services of an Artist; a space provided by a Host which a Gig takes place in and related Amenities made available; a space booked by a Curator and/or a Gig set up by a Curator in a Host‘s space.

 

3 HOW THE SITE, APPLICATION AND SERVICES WORK

 

The Site, Application and Services can be used to facilitate the listing of Spaces, Booking of Artists and setting up of Gigs. Such Spaces are included in Listings on the Site, Application and Services by Hosts. You may view Listings only as registered visitor to the Site, Application and Services; however, if you wish to list your space, or Services as an Artist or book tickets to a Gig, you must first register to create a beatvyne Account (defined below).

 

As stated above, beatvyne makes available an online platform or marketplace with related technology for Artists and Hosts to meet online and arrange for the setting up of gigs directly with each other. beatvyne is not a booking agent or promoter. Unless explicitly specified otherwise in the beatvyne platform, beatvyne’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

 

Please note that, as stated above, the Site, Application and Services are intended to be used to facilitate Hosts and Artists to connect and set up Gigs directly with each other. beatvyne cannot and does not control the content contained in any listings and the condition, legality or suitability of any Spaces or abilities of Artists performances. beatvyne is not responsible for and disclaims any and all liability related to any and all Listings and performances. Accordingly, any bookings will be made or accepted at the Member’s own risk.

4 YOUR PRIVACY

We know your personal information is important to you. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here.

 

5 ACCOUNT REGISTRATION

 

In order to access certain features of the Site and Application, and to create a listing, you must register to create an account (“beatvyne Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

 

5.1 The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

5.2 You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your beatvyne Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to beatvyne through the Site, Services or Application; or (ii) allowing beatvyne to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to beatvyne and/or grant beatvyne access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating beatvyne to pay any fees or making beatvyne subject to any usage limitations imposed by such third-party service providers. By granting beatvyne access to any Third-Party Accounts, you understand that beatvyne will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your beatvyne Account and beatvyne Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your beatvyne Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or beatvyne’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your beatvyne Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the Third-Party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party service providers. beatvyne makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and beatvyne is not responsible for any SNS Content.

5.3 Your beatvyne Account and your beatvyne Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active beatvyne Account of any one role, e.g. you can only have (1) fan account, (1) artist account, (1) host account at the same time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. beatvyne reserves the right to suspend or terminate your beatvyne Account and your access to the Site, Application and Services if you create more than one (1) beatvyne Account of any one role, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

 

5.4 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on beatvyne, you are not permitted to share your beatvyne Account with anyone or allow others to access or use your beatvyne Account.

 

6 LISTINGS

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, your location, services provided, musical genre, availability, pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to discover and book your Services via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Services, the price for such booking may not be altered, unless the Customer requires of you something more or less than what is represented in your Listing. In this case, you will have the opportunity, via the Site, to make the Customer a new offer, which the Customer can accept or decline. If the Customer accepts your new offer, you may not alter the price of that new offer.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer engagement, with Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services included in a Listing you post and (b) not conflict with the rights of third parties. beatvyne assumes no responsibility for an Artist’s or Host’s  compliance with any applicable laws, rules and regulations. beatvyne reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that beatvyne, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.

 

If you choose to create a listing on beatvyne, you understand and agree that your relationship with beatvyne is limited to being a Member and an independent third-party contractor, and not an employee, agent, joint venturer or partner of beatvyne for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of beatvyne. beatvyne does not control, and has no right to control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of beatvyne, including by inappropriately using any beatvyne Intellectual Property.

 

beatvyne has no control over the conduct of Hosts, Artists or Fans and other Members of the site, application and services or any spaces or Gigs, and disclaims all liability in this regard to the maximum extent permitted by law.

 

6.1 Artist Listings

You understand and agree that beatvyne does not act as an insurer or as a contracting agent for you as an Artist. If a Customer requests a booking of your Services and retains your Services, any agreement you enter into with such Customer is between you and the Customer; and beatvyne is not a party thereto. Notwithstanding the foregoing, beatvyne serves as the limited authorized agent of the Artist for the purpose of accepting payments from Customers on behalf of the Artist and is responsible for transmitting such payments to the Artist.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Services, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements.

You acknowledge and agree that, as an Artist, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Customer (and the individuals the Customer invites to the place of Services, if applicable.)

beatvyne recommends that Artists obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Services, if applicable) while providing your Services.

 

6.2 Host

As a Host, you understand and agree that beatvyne does not act as an insurer or as your contracting agent. If an Artist requests a Booking of your Space and plays at your Space, any agreement you enter into with such Artist and/or Fan (who may have booked a ticket to the gig) is between you, the Artist and Fan and beatvyne is not a party to it.

 

beatvyne recommends that Hosts (commercial and/or private) obtain appropriate insurance for their Premises/Spaces. Please review any insurance policy that you may have for your Premises/Spaces carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to a live music gig.

 

6.3 Accuracy of Listing

beatvyne may offer Hosts and Artists the option of having photographers take photographs of their Spaces and/or services. If you as a Host or Artist choose to have a photographer do this, beatvyne shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “beatvyne Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute beatvyne Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from beatvyne. If your beatvyne Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that beatvyne retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

7 AVAILABILITY OF BEATVYNE

 

We do not guarantee that beatvyne, or any content on it, including any Member Content, will always be available, uninterrupted, up to date, or otherwise free from errors, omissions, bugs or viruses.

Access to beatvyne is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of beatvyne without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for your access to beatvyne including: ensuring that all persons who access beatvyne through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them; and that your internet enabled device and telecommunications systems carry the appropriate anti-virus software necessary to minimise the risk of any harmful viruses infecting your internet enabled device.

 

8 CONDUCT

At all times when using or accessing beatvyne you represent, warrant and undertake that you will:

  1. not breach any Applicable Laws
  2. have all necessary rights and/or permissions to post the Member Content you upload to beatvyne
  3. not post or upload any Member Content that infringes the rights (including any Intellectual Property Rights (as defined in paragraph 12 below)) of any third party or which are protected by any third party’s rights of privacy or publicity without having received all necessary consents from such third party
  4. not publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence
  5. not post any false or misleading information or material
  6. not post html code except where instructed in any area of your profile on beatvyne
  7. not reverse engineer, decompile, disassemble or otherwise attempt to obtain beatvyne’s source code
  8. not misuse beatvyne by knowingly introducing viruses, Trojans, worms, logic bombs or other malicious or harmful material
  9. attempt to gain unauthorised access to the beatvyne server on which beatvyne is stored or any server, computer or database connected to our site
  10. not attack beatvyne via a denial of service attach or a distributed denial- of-service attach
  11. Failure to comply with beatvyne’s conduct requirements set out in paragraph 8.1 above, may result in deletion or removal of your Member Content or termination of your account and right to use beatvyne
  12. We reserve the right in our sole discretion to determine whether you have failed to comply with the terms of paragraph 8.1. and / or to terminate your account and right to use beatvyne (whether or not as a result of a breach of the conduct requirements set out in paragraph 8.1.

 

9 REPORTING USER CONTENT

 

You acknowledge that, other than as set out in these Terms of Service, we do not monitor the Member Content and/or any of the other content that is made available on beatvyne. If you believe that any Member Content available on beatvyne:

 

9.1 infringes your Intellectual Property Rights or other proprietary rights

9.2 is defamatory to you; and/or

9.3 is otherwise in breach of these Terms of Service,

please notify us by writing to us using the email set out in paragraph 4  above.

 

10 THIRD PARTY LINKS AND RESOURCES ON BEATVYNE

 

10.1 beatvyne may contain links to other sites and resources provided by registered Members and not under our control. These links are provided for your information only and we make no warranties or representations         whatsoever about any third party websites which you may access through beatvyne.

10.2 Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility or any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or that beatvyne is affiliated to or associated with such third party sites. If you decide to visit any other site, you do so at your own risk. In addition, use of any other site may be     subject to your acceptance of additional terms and conditions which we suggest you read carefully before proceeding.

10.3 We assume no responsibility for the content of sites linked to beatvyne. We will not be liable for any loss or damage that may     arise from your use of any such third party sites.

 

11 LINKING TO BEATVYNE

 

11.1 You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any site that is not owned by you.

11.2 Our site must not be framed on any other site.

11.3 We reserve the right to withdraw linking permission without notice.

 

12 INTELLECTUAL PROPERTY RIGHTS

 

12.1 For the purposes of these Terms of Service, by Intellectual Property Rights, we mean any patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

12.2 All Intellectual Property Rights in beatvyne and any content, materials or information made available by us on beatvyne, including the beatvyne Artist Logos are owned, and will remain owned by us or our licensors at all times.

12.3  You grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, worldwide, royalty-free licence to publicly perform, copy, reproduce, display, communicate to the public, modify, edit, manage, distribute and store any and all of your Member Content on beatvyne.

12.4  We grant to Artists a non-exclusive, revocable, royalty free licence to publicly perform, copy, reproduce, display, communicate to the public and distribute its unique beatvyne Artist Logo for promotional purposes in connection with its Services. We may revoke this licence at any time in our sole discretion.

12.5 Other than in respect of the beatvyne Artist Logo licence granted pursuant to paragraph 12.4, you must not use any part of our content without obtaining a licence to do so from us or our licensors.

12.6  If you print off, copy or download any part of our site in breach of these Terms of Service, your right to use beatvyne will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

13 LIABILITY

Nothing in these Terms of Service excludes or limits our liability for anything that cannot be excluded or limited by Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to beatvyne or any content on it, whether express or implied.

Subject to paragraph 9.1 you agree that we will not be liable for any loss or damage, (whether direct or indirect or arising under contract, tort (including negligence), breach of statutory duty, or otherwise) even if foreseeable, arising under or in connection with any:

use of, or inability to use beatvyne;

use of or reliance on any content displayed on beatvyne (including any Member Content); or any Booking Contracts or Gigs.

Without limiting the effect of paragraph 9.3, due to the inherent risks of using the Internet, we cannot be liable for any damage to, or viruses that may infect, your internet enabled device or any other property when you are using beatvyne. The uploading, posting, downloading or accessing of any content (including Member Content), material and/or other information made available by beatvyne is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your device or loss of data that results from the downloading or acquisition of any such content, material and/or information.

You agree to indemnify us against any claims or legal proceedings that may arise through your use of beatvyne, any Event, Booking Contract or from any breach of these Terms of Service by you.

 

14 GENERAL

 

14.1 Any failure or delay by us to enforce any of our rights under these Terms of Service will not be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

14.2  These Terms of Service are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Service.

14.3  If a court deems any part of the terms set out in these Terms of Service to be invalid, illegal or unenforceable, the remainder of the terms will remain unaffected.

14.4 These Terms of Service and our Privacy Policy set out the full extent of our obligations and liabilities concerning beatvyne and replace any previous agreements and understandings between us and you.

14.5 We may assign our rights under this agreement and transfer our obligations under this agreement in our sole discretion by providing notice to you via the email address that you provide to us or by notifying you on our site.

 

15 APPLICABLE LAW  

These Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims arising out of or in connection with these Terms of Service), are governed and construed in accordance with Irish law. You and we both agree to that the courts of Ireland will have exclusive jurisdiction.

 

16 MODIFICATION

 

beatvyne reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your beatvyne Account you will be deemed to have accepted the changes.