BOOKME TERMS AND CONDITIONS
Last revision: March 26, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB APP.
The following Terms and Conditions govern and apply to your use of or reliance upon this Web App published by Ivystone Records, Inc. (the "Company").
Your access or use of the Web App indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its addition to the Web App. If the Terms and Conditions are updated, a notice will be provided. If you do not opt in to the new Terms and Conditions, your continued use of the Web App will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All Intellectual Property ("IP") on the Web App (except for User Generated Content, as defined below) is owned by us or our licensors. IP includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Web App (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under United States and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Web App including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Web App or associated services ("Company Materials"). Company Materials may not be used for any other purpose than the use of this Web App and the services offered on the Web App. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.
3. USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Web App users upload, post, or otherwise make available on or through the Web App, except to the extent the content is either created pursuant and or subject to a separate agreement between the Company and you, or content that is exclusively owned or created by us.
You agree that by posting or uploading your User Generated Content to our Web App, you grant Ivystone Records, Inc. a nonexclusive license to use this content for legitimate business purposes in relation to your use of the Web App and the services therein. This license lasts for the duration of time that your User Generated Content is hosted on the Web App, plus six months. You further agree that Ivystone Records, Inc. is not liable for any unintended, inadvertent, or accidental use of your User Generated Content previously hosted on the Web App outside the afore described time period.
You agree that the Company has the right, at its sole discretion, at any time, to remove any User Generated Content deemed inappropriate or otherwise objectionable by the Company. This right extends not only to User Generated Content hosted within the Web App, but also to content linked to from within the Web App hosted on external or third-party sources.
4. ACCOUNT AND ACCOUNT USE
If your use of the Web App requires an account identifying you as a user of the Web App (an "Account"):
- you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it. You further agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account;
- you agree to provide true, current, accurate and complete customer information as requested by us from time to time. You also agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate; and
- you agree that the Company is NOT liable for any damages or losses resulting from your failure to adhere or otherwise fulfill the preceding agreements or responsibilities under this Section.
5. ACCEPTABLE USE
You agree not to use the Web App for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Web App in any way that could damage the Web App, other users, or the services or general business of Ivystone Records, Inc.
You further agree not to use and/or access the Web App:
- To harass, abuse, or threaten others, or otherwise violate any person's legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses, malicious code, or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
6. PROTECTION OF PRIVACY
Through your use of the Web App, you may provide us with certain information. By using the Web App, you authorize us to use your information in the United States and any other country or territory where we may operate or the Web App may be used.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or other personal information. Depending on how you use our Web App, we may also receive information from external applications you use to access our Web App.
We use the information gathered from you to ensure your continued good experience on our Web App, including through email communication.
If you choose to terminate your account, we will store information about you for the following period of time: 5 years.
After that time, all information about you will be deleted. You may opt to contact us to request that your data be deleted. Please see Our Privacy Policy for additional information regarding requests to delete information.
7. ASSUMPTION OF RISK
The Web App is provided for communication purposes only. You acknowledge and agree that any information transmitted via our Web App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Ivystone Records, Inc. You further agree that your use of any of the services or functionalities on the Web App is at your own risk. We do not assume responsibility or liability for any advice or other information transmitted via the Web App or by third parties.
8. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Web App; and
- Violate the security of the Web App through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to or with any host, user, or network.
9. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Web App is at your own risk.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Ivystone Records, Inc. and any of its affiliates against any and all liability, costs, damages, injuries, legal claims, and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Web App, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
11. SPAM POLICY
You are strictly prohibited from using the Web App or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to or from our Web App.
Users may also post links to content hosted by third party websites or services. We are not responsible or liable for the content hosted by third party websites or services. The choice to interact with this content is at your sole risk and discretion.
13. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions shall be considered enforceable and valid to the fullest extent.
14. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Web App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Web App may be affected by unanticipated or unscheduled downtime, for any reason, but that we are not liable for any damage or loss caused as a result of such downtime.
15. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Web App, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Web App or our or any third party's equipment or network is impaired by your use of the Web App, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Web App, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise, or information, of any suspension, restriction or termination of your access to the Web App.
16. NO WARRANTIES
Your use of the Web App is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Web App will meet your needs or that the Web App will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Web App or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Web App is your sole responsibility and we are not liable for any such damage or loss.
17. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Web App are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For more information, please refer to our Privacy Policy, which you may find at the following address: https://bookme.ivystonerecords.com/privacy-policy.html
18. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Web App, to the fullest extent permitted by law. The maximum liability of Ivystone Records, Inc. arising from your use of the Web App is limited to a total of one hundred ($100) US Dollars. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
19. GOVERNING AUTHORITY
You hereby agree that any claims that may arise from your use of the App are governed by the laws of the State of Maryland without regard to its conflicts of laws provisions. You hereby consent to the personal jurisdiction of Prince George’s County, Maryland, or the associated federal venue, the United States District Court for the District of Maryland for all matters arising from or related to your use of the Web App.
20. [Reserved].
21. [Reserved].
22. OUTSIDE COMMUNICATION
The Company is not neither responsible nor liable for any communications you may undertake outside of the Web App.
20. [Reserved].
21. SEPARATE AGREEMENTS.
You agree as a condition of using the Web App in the capacity of an agent that you will not form separate contracts for event requests received via the Web App outside of the Web App environment except for such agreements with third party vendors collateral to and/or in support of the performance of events contracted through the Web App. You agree and understand that the formation of contracts between Performers and Requestors related to requests received via the Web App outside of the Web App is a violation of these terms and conditions and may result in the suspension or revocation of your access to the Web App, and/or litigation to recover damages as a result of your violation of these terms and conditions.
22. COMMUNICATIONS AND PROPOSALS
The Company is not neither responsible nor liable for any communications you may undertake outside of the Web App in your capacity as an agent, for the purposes of promotion or otherwise. You agree that the terms reflected in the Proposal provided to Requestors are the final terms in relation to their respective event. You agree to utilize the approved Proposal language, excluding event specific details, for all events created or booked within the Web App.
20. PERFORMANCE OF SERVICES ARRANGED VIA WEB APP
From time to time, third parties (“Requestor”) may request either directly or through other Web App users (“Agents”) that you provide entertainment services (“Request for Performance”). You are not obligated to accept or agree to any Request for Performance, your ability to use the Web App is not conditioned on your acceptance of Requests for Performance, a Request for Performance my be refused or declined prior to acceptance for any reason without consequence to your use or user status within the Web App.
All Requests for Performance are governed by and subject to the terms and conditions herein.
20.1 Mandatory Request for Performance Terms
All Requests for Performance shall contain the following details:
- The amount of compensation offered to you for performance
- The amount of compensation offered at time of non-refundable deposit
- The Amount of compensation offered at time event is fully funded
- The date of the performance
- Length of performance
- The location of the performance
20.2 Acceptance of Request for Performance and Hold Period
Accepted Requests for Performance are not binding until confirmed via signed contract by the Requestor. By accepting a Request for Performance you agree to abide by the Hold Period of seven (7) days following the issuance of the Proposal to Requestor. Proposals shall be issued within 24 hours of your acceptance. A notice of submission of the Proposal shall be issued via the Web App. During the duration of the Hold Period, you understand that you have agreed to be obligated to perform in accordance with the Request for Performance Terms above (see 19.1), but no contract has been executed. You agree that during the Hold Period you are not guaranteed compensation in any amount, nor is the Company or Agent liable to you for compensation in any amount, monetary or otherwise. You agree that you waive your right to litigate against the Company, Agent, and Requestor in relation to pending OR declined Proposals, and that by accepting the Request for Performance, you have accepted the risk that a final agreement may not be reached.
20.3 Post Proposal
Following the acceptance of the Proposal by Requestor, a notice will be provided to you via the Web App according to your user settings and preferences containing a Confirmation of the event and vital details related to same. Following the receipt of this notice, you are guaranteed a minimum compensation. You agree that this minimum compensation is acceptable compensation should the event not ultimately be performed and that you waive your right to seek compensation from Requestor on the basis of lost wages, financial damages, lost opportunities, etc. You understand that you are compensated through the Web App based on funds actually collected by the Web App through third party services from Requestor, and that neither the Company nor Agent is responsible for providing payment in any capacity other than as an intermediary or processor. You agree not to seek monetary damages from either the Company or Agent on the basis of non-payment by Requestor.
20.4 Performance
You agree to make your best efforts to fulfill Requestor’s request with respect to event decisions, including music choices, timelines, etc. but understand that ultimately final control of over all decisions related to the performance of the event are at your discretion, excluding those controlled by the performance venue. You understand that “best efforts” means that you are obliged to make reasonable efforts to fulfill Requestor’s requests but may refuse them for any reason based on your professional judgment.
You understand that you are not obligated to extend the performance time of an event due to delays caused by the acts or omissions of the Requestor or Requestor’s agents or invitees.
You agree to exercise your best professional judgment in the performance of the entertainment event. You also agree to abide by the limitations and restrictions imposed by the event venue’s management. You agree to make best efforts where possible to ensure that sound pressure levels in targeted listening areas are not unsafe, but also understand that Requestor has been advised of the inherent risks related to live performances.
20.4.1 Additional Services
You understand that you may agree to requests from Requestor for additional services such as extending performance time (“Additional Services”) but are not obligated to do so. You agree that the Company and Agent are not liable in any way, or party to, any agreements made between Requestor and you outside of the Web App for Additional Services not described in the agreed upon Request for Performance or accompanying Confirmation related to the event. You agree that you are solely responsible for any risks that may be associated with, arise from, or related to the performance of Additional Services.
20.4.2 Failure to Perform
You understand that repeated failure to perform events not excused by safety concerns or force majeure reasons may result in the suspension or alteration of your use of the Web App.
20.4.1 Safety
The Company places the highest priority on the safety of the performers involved in events arranged through the Web App. You understand that you reserve the right to terminate performance of an event based on reasonable safety concerns including but not limited to: unsafe conditions (unsafe stage area, weather, rigging, etc., lack of safe utility access, threats by attendees, failure to follow public health mandates or guidance, audience behavior, etc.) You agree that terminating a performance is a final measure and where practicable you will attempt to resolve any observed safety matters with Requestor prior to terminating performance, but that you are not obliged to do so where in your judgment such attempts will pose additional threats to your health or safety. In the event that in your discretion such a cancellation is necessary, you agree to communicate the details and explanation to the Agent (where applicable) attached to the performance as soon as possible, but not later than 24 hours following the scheduled event performance.
20.5 Professional Judgment and Professionalism
You agree to exercise your best professional judgment and conduct yourself in a professional manner at all times with respect to events arranged via the Web App.
20.6 Insurance
Requestor may require that you obtain insurance for the event. You agree and understand that your performance of the event may be contingent upon obtaining such insurance coverage and providing proof thereof. You agree that it is your sole responsibility to obtain and provide insurance, and further that neither the Company, nor Agent are responsible for providing you with insurance nor do the Company or Agent act as your insurers for any reason.
20.7 Damage to Equipment
You agree that the Company is not responsible for any damage to equipment resulting from the performance of an event facilitated by Web App. If damage to your equipment is caused by Requestor or Requestor’s guests or invitees, you may seek compensation from Requestor or the responsible party, but agree not to seek litigation or compensation from the Company for damaged equipment.
20.8 Media Releases/Privacy Restrictions
Requestors may request that media such as photos or video not be recorded or collected during the performance of an event. Where notice of same is provided, you agree to make your best efforts to abide by these requests.