GiGlue Music Pvt. Ltd., a company incorporated under the laws of India, having its corporate office at Technology Business
Incubator, NIET, Knowledge Park 2, Greater Noida, India (201310) and the owner of GiGlue
(“GiGlue”, “us”, “our”) provides an internet based platform for promoting and developing
various arts, disseminating information relating to providing marketing tool, technology
tool, arts, managing events and people, showcasing artists and talent in the field of arts,
connecting artists with persons who are looking to engage them, creating artist portfolios
by recording/shooting their performance at events or at professional studios, and other services
as may be provided through any device or means (“Services”). GiGlue may provide its Services
through its website www.GiGlue.com (“Website”), mobile customer application on any platform
(“App”), or any other means in the sole discretion of GiGlue, subject to the following terms
and conditions of use (“Terms”). The Terms apply to all and anyone who (i) visits as a guest
but does not interact with the Website/App and its content (“Visitor”), and (ii) accesses
the Website/App directly by creating a profile with GiGlue or signs-in through third party
media, including but not limited to Facebook, Google+, Twitter (“Social Media”) to, amongst
other things, create events, upload performances, browse data, post content and generally
interact with the Website/App (collectively referred to as “Members”). The Visitors and Members
are collectively further referred herein as “User”, “you”, “your,” unless the context otherwise
The User agrees that by clicking ‘Join Now’, ‘Get Started’, ‘Join GiGlue’, ‘Sign Up’ or similar terms of registering, accessing or using the Website, the App and the Services or associated developed platforms, related mobile applications, or any content/information forming part of the Services, the Terms (including any amended Terms that may be updated from time to time) are accepted by the User, thereby constituting a legally binding agreement between GiGlue and the User. GiGlue reserves the absolute right and discretion to amend, modify, alter or change these Terms at any time, without any obligation to inform the User; and it shall be the User’s responsibility to keep track of such updated Terms. If the User does not agree to the Terms, GiGlue requests you not to click ‘Join Now’, ‘Get Started’, ‘Join GiGlue’, ‘Sign Up’ (or similar accessing terms) and not to access the Website, the App or otherwise use any of GiGlue’s Services. GiGlue, at its sole discretion, reserves the right to deny a User from accessing or registering on the Website, the App and availing the Services without assigning any reason thereof.
SERVICES The Services may be used by Members. GiGlue’s Members generally include (i) artists (trained or not) including but not limited to singers, bands, DJs, musicians, instrumentalists and other creative performers (“Artists”), (ii) the stakeholders who are looking to commercially engage Artists for certain consideration or otherwise (“Demand”), and (iii) the fans who interact with the Website by browsing its content and posting comments, etc. by signing-in through other Social Media platforms (“Fans”). Artists who become Members can use the Services to promote themselves, find potential clients, post, upload and submit sample of their pictures and/or performances in audio/video format on the Website/App. User who signs-up to engage Artists can create events and invite Artists, view Artist profiles, find Artists to perform at events, add suggested Artists to tentative list for review by other Members and post details such as time, location, occasion of the event, preferred genre and other relevant information on the Website/ App. Fans who are Members may post their opinions, replies, messages, queries, wish list, comments, etc. on the Website/App. Anything uploaded, posted or submitted by way of words, sign, photographs or other audible or visual representation on the Website/App by Members will collectively be referred herein as “Member Content”. As part of the Services, GiGlue facilitates Artists and Demand on all aspects of accessing Services, including but not limited to setting up events and inviting Artists to express their interest/intent to perform, making a final selection and sending invites to the Artist through GiGlue. It is agreed that any final negotiations for formalization of contract between the Artists and Demand will happen on a principal-to-principal basis between the Artist and Demand; and such contract will be entered outside and independent of the GiGlue platform. GiGlue shall not be privy to such contract in any manner whatsoever. The Services offered shall permit non-binding negotiations in a manner deemed appropriate by GiGlue.
WHO CAN USE? Any use of the Website, the App and the Services by any person under the age of 18 years is prohibited. Accordingly, the User represents and warrants that it is at least 18 years of age while accessing the Services and competent to enter into a legally enforceable contract with GiGlue through the present Terms. In the event that the User is below the age of 18 years, the User represents and warrants that necessary consent has been procured from the User’s parent(s) or legal guardian for accessing the Services and entering into a legally enforceable contract with GiGlue through the present Terms. If the User resides in a jurisdiction that restricts the use of the Website, the App or the Services because of age limitation, or restricts the ability to enter into contracts such as these Terms due to age, the User must abide by such age limits and must not use the Website, the App or the Services. All Services provided by GiGlue are premised on the implied assumption that the User is competent to contract under the Indian Contract Act, 1872 and other applicable laws governing the User’s acceptance of these Terms.
PROPRIETARY RIGHTS AND LICENSE The User acknowledges that the Website, the App, the Services, underlying technology used in connection with the Website/App/Services, including but not limited to all softwares, information, data, documentation, analytics, third party data, Member Content, communication, text, graphics, links, electronic art, animations, audios, videos, photos, and other data (“GiGlue Content”) available or accessible on the Website/App/Services is provided by GiGlue or third party providers who are the owners thereof and are the copyrighted works of GiGlue and/or such third parties. Except as expressly authorized by GiGlue or concerned third parties in these Terms or any updates thereof, the User may not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any GiGlue Content for commercial use. Limited reproduction and copying of the GiGlue Content is permitted provided that GiGlue's name is stated as the source and prior written permission of GiGlue is sought by seeking authorization through GiGlue’s Contact Us page (hyperlink here). The User hereby agrees that he/she shall not make any unauthorized modifications or edits or use of any GiGlue Content, except for such modifications as may be expressly permitted by GiGlue or concerned third parties. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of GiGlue Content for commercial or non-commercial purposes and unwarranted modification of GiGlue Content is not permitted. The User further acknowledges that GiGlue and/or third party providers are the owners of the GiGlue content and the intellectual property rights in such GiGlue Content; and that the User does not acquire any intellectual property rights in such content by limited reproduction and copying rights as permitted in these Terms.
CONDITIONS OF USE
The User agrees and undertakes to use the Website/App and the Services only to post and upload messages, content and such
Member Content that are proper, do not require censorship of any kind, and are not prohibited
under applicable laws. By way of illustration, and not as a limitation, the User agrees and
undertakes that while using the Website/App or the Services, the User will not:
(i) in any manner, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other person, dead or alive;
(ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, seditious, obscene, indecent or unlawful content, name, material or information by way of words, signs or audible or visible representation;
(iii) upload, post or submit any material or content that will constitute a criminal offence or result in civil liability under any law in force in India;
(iv) upload files, documents, or audio/video presentations that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents to upload, publish, perform or use such material commercially;
(v) upload, post or distribute files or any other material that contains virus, spyware, malware, bugs, corrupted files, or any other similar software or programs that may in any manner, damage the operation of the Website/ the App or may cause any software or hardware problems on User device or any damage to the accessibility and availing of Services by other Users;
(vi) post, upload or submit such material that contains surveys, contests, pyramid schemes, chain letters, political campaigning, commercial solicitation, mass mailings or any form of ‘spam’;
(vii) falsify, alter in any manner or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(viii) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(ix) violate any applicable laws or bye-laws;
(x) violate, abuse, unethically manipulate, exploit or breach, any of the terms and conditions of these Terms or any other terms and conditions for the use of the Website/App contained elsewhere.
GiGlue reserves the absolute right to amend or withdraw the Website, the App and/or the Services, or to change the sum of money as fee required for accessing the basic/premium versions of the Website, the App and/or the Services at any time, for any reason, without any prior notice.
The Website and/or the App may contain links to other websites (“Linked Site”), or any changes or updates to a Linked Site. The Linked Sites are not under the control of GiGlue and GiGlue is not responsible for the contents of any Linked Sites, including any subsequent link contained on such Linked Site or any updates. GiGlue is providing the Linked Sites to the User only as a convenience, and the inclusion of any link does not imply endorsement by GiGlue of such Linked Site or any association with its operators or owners including the legal heirs or assignees thereof. GiGlue is not responsible for any transmission, whatsoever, received by the User from any Linked Site. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
GiGlue reserves the right and the User allows GiGlue to make bona fide and legal use of any and/or all information and data provided by the User, Member Content, generated data such as activity like log, browsing and download history, and other information/data, audio, video hosted and provided on the Website/App or during the course of Services, without any prior permission of the User.
GiGlue may, at its sole discretion, send updates, messages, advertisements, notifications, etc. which may be via e-mail, messages, push-message notifications, SMS, tec. The User unambiguously consents to receiving such updates and messages by consenting to use the Website/App/Services.
The User acknowledges that its terms of agreement with his/her respective mobile network provider shall apply while accessing the Website, the App or the Services. As a result of this, the User may be charged by the concerned mobile network provider for using the mobile network connection, and the User agrees to pay such charges, as applicable, when the User accesses the website, the App or the Services, either manually or automatically.
GiGlue is an intermediary platform that allows Fans to engage and interact with Artists. Accordingly, GiGlue cannot filter or censor any Member Content posted by Fans on the Website/App, and shall not be held liable in any manner whatsoever for any such Member Content.
Whenever any Artist is hired for any event hosted by Demand at a given venue (“Event”), the Demand agrees that it shall have
the sole responsibility to
(i) arrange for and provide facilities essential and integral for the Event;
(ii) ensure that Demand’s customers, visitors, and its staff/employees do not disrupt the Artist’s performance in any manner or damage any Artist or GiGlue property;
(iii) manage its customers and visitors in accordance with best industry practices;
(iv) process the payment for the Event due to the Artist, and
(v) pay all applicable taxes including but not limited to entertainment tax, service tax, customs & excise duty, VAT or any other tax under applicable laws.
The Artist performing at such Event agrees that it shall,
(i) not consume alcohol, intoxicants, any kind of narcotics or substance abuse in any form and in any manner before or during the Event;
(ii) not behave and act in a manner whereby it defames the Demand, its customers and visitors, or GiGlue;
(iii) ensure that the music, song, tunes, act, script, lyrics, video, audio or other performance and its content performed at the Event (“Artists Performance”) are not sexist, obscene, racist, discriminatory, demeaning, derogatory or prejudicial to any person, gender, or community, directly or indirectly;
(iv) not conduct itself in a manner which disrupts, disturbs, causes chaos and nuisance affecting the functioning of the Demand;
(v) Pay GiGlue Music Private Limited a platform charge of 15-20% of the booking amount per booking by the demand and
(vi) not engage in any obscene, sexual, indecent or otherwise improper conduct. All performer’s right in the Artists Performance pursuant to The Copyright Act, 1957 shall solely and absolutely vest with the Artist.
The User guarantees and certifies that all User specific information provided by the User while browsing or accessing the
Website, the App or availing the Services, is true and accurate. The Member guarantees and
certifies, without any qualification, that he/she is the owner of the Member Content submitted,
posted or uploaded by him or otherwise is authorized to the use of the Member Content and
that the Member Content does not infringe upon the property rights, intellectual property
rights or other rights of any other person, dead or alive. Further, the Member warrants that
to his knowledge, no action, suit, proceeding, or investigation has been instituted or threatened
relating to any content, including trademark, trade name service mark, and copyright formerly
or currently used by him in connection with the Services rendered by GiGlue.
The Demand specifically warrants that negotiations with Artists will be conducted in good faith, and ensure that timely payments are done to Artists as per terms of the independent contract between Demand and Artist. The Demand also warrants that it will not mock or defame and Artist or GiGlue at any point in time.
DISCLAIMER AND LIMITATION OF LIABILITY
GiGlue has endeavoured to ensure that all the information, data, audio, video, and GiGlue Content on the Website/App is authorized
and correct, but GiGlue neither warrants nor makes any representations regarding the quality,
accuracy or completeness of any data, information, product, GiGlue Content or Services.
In no event shall GiGlue be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Website, the App, the Services or GiGlue Content;
(b) unauthorized access to or alteration of the User’s transmissions or data;
(c) any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by any User, including audio-visual content infringing any third party’s intellectual property rights ;
(d) any comment or expression of opinion posted by the Members who are Fans;
(e) any other matter relating to the Services that is likely to be in contravention to any law in force in India or breaches any of the Terms ; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, the App, GiGlue Content or Service.
GiGlue shall not be responsible for the delay or inability to use the Website, the App or the Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website/App, or otherwise arising out of the use of the Website/App, whether based on contract, tort, negligence, strict liability or otherwise.
Further, GiGlue shall not be held responsible for non-availability of the Website/App during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any reason beyond GiGlue's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website/App is done entirely at his own discretion and risk and they will be solely responsible for any damage to their devices and systems or loss of data that results from the download of such material and/or data.
The User agrees to indemnify and hold GiGlue and (as applicable) its parent, subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from all losses, liabilities, claims, demands or expenses
(including legal fees and disbursements in connection therewith and interest chargeable thereon),
asserted against or incurred by GiGlue that arise out of, as a result from, or may be payable
by virtue of, any breach or non-performance of any representation, warranty, covenant or
agreement made or obligation to be performed by the User pursuant to these Terms, User’s
violation of any law, or violation of the rights of a third party, including the infringement
by the User of any intellectual property or other right of any person or entity. These obligations
will survive any termination of these Terms.
With respect to all Events hosted by the Demand where Artist(s) are engaged through GiGlue’s Website/App or any other platform, the Demand and/or the Artist agree to indemnify and hold GiGlue and its parent, subsidiaries, affiliates, officers, directors, agents, and employees, if applicable, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by GiGlue that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Demand and/or the Artist pursuant to these Terms, violation of any applicable law, violation of any third party’s right, including the infringement of any intellectual property right or other right of any person or entity by the Demand and the Artist, as the case may be.
TERMINATION GiGlue reserves the right to suspend or terminate User’s access and use of the Website/App or any Service if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. If GiGlue terminates access to the Website, the App or any Service, GiGlue may, at its sole discretion, delete any Material Content or other User related data, information and materials and GiGlue will have no liability to the User or any third party for doing so. The User shall be liable to pay for any Service that he/she may have already ordered till the time of termination by either party whatsoever. Further, the User shall be entitled to User’s royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
GOVERNING LAW The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by GiGlue and the User. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration & Conciliation Act, 1996. All arbitration costs shall be equally borne by the User and GiGlue. The seat of arbitration shall be New Delhi and all proceedings shall be conducted in English.
SEVERABILITY If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall be rendered only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
REPORT ABUSE As per these Terms, the User is solely responsible for every material or content uploaded on to the Website/App. The User can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to contact@GiGlue.com.
CONTACT US If you have any questions about these Terms, please contact us at contact@GiGlue.com
1. Definitions (i) Artist Data, shall mean the personal profile(s), skill sets, pictures, audios, videos, contact details, assignments undertaken, fees and rates or other data in any form including information, text, message, graphic, voice, video, etc, relating to the Artist provided during registration at GiGlue Event shall mean events like product launch, exhibition, road-show, fashion show, musical shows, live performance and such other similar events etc. as may be undertaken by the Client; Performance Fee shall mean the performance fees provided by the Artist for rendering the requisite services in any Event and specified during the registration. Service means GiGlue™ as currently provided at the uniform resource locator "www.GiGlue.com", an internet-based means of access (including all versions and updates thereto) to the Artist and the Artist Data and such other functionality and material as may be offered to Client from time to time at GiGlue™ sole discretion. GiGlue™ shall mean GiGlue Music Pvt Ltd. a company incorporated under the Companies Act 2013 having its corporate offices at Technology Business Incubator,5th floor NIET, Knowledge Park 2, Greater Noida (201310) (INDIA), engaged in providing the Services through its online platform viz. www.GiGlue.com that facilitates the event planners choose and connect with the performers, actors, models and other entertainers empanelled with GiGlue™ , who they deem suitable for any particular event Technical Riders shall mean the ‘Artists’ requirements for food, accommodation, dressing rooms, technical specifications, equipment(s) setup, stand-in persons and other necessary requirements to be provided in the Booking Form to be furnished by the Artist for its acceptance of any Event
(ii) Event, shall mean events like product launch, exhibition, road-show, fashion show, musical shows, live performance and such other similar events etc. as may be undertaken by the Client;
(iii) Performance Fee, shall mean the performance fees provided by the Artist for rendering the requisite services in any Event and specified during the registration.
(iv) Service, means GiGlue™ as currently provided at the uniform resource locator "www.GiGlue.com", an internet-based means of access (including all versions and updates thereto) to the Artist and the Artist Data and such other functionality and material as may be offered to Client from time to time at GiGlue™ sole discretion.
(iv) GiGlue™, shall mean GiGlue Music Pvt Ltd. a company incorporated under the Companies Act 2013 having its corporate offices at Technology Business Incubator, NIET, 5th Floor , Knowledge Park 3, Greater Noida, 201310 (INDIA), engaged in providing the Services through its online platform viz. www.GiGlue.com that facilitates the event planners choose and connect with the performers, actors, models and other entertainers empanelled with GiGlue™, who they deem suitable for any particular event.
2.Confirming the Booking The Artist shall execute the Booking Form in the prescribed Performa to confirm its booking and pursuant to which the Artist shall be bound to perform at the Event on the date specified and at the Performance Fee specified in the Booking Form
3. GiGlue’s Fee Artist agrees that GiGlue™ shall be entitled to 15% (excluding tax) of the Performance Fee being paid to the Artist for any Event booked through GiGlue, as its service charge. GiGlue™ is entitled to deduct this service charge from any amount paid in advance by Client/event organisers to the Artist. Artist agrees that it is solely liable for the amount payable to GiGlue™ as service charge and that the service charge shall be deducted from any amount payable to the Artist.
4. Payment of Performance Fees Subject to the terms of the Booking Form, the agreed Performance Fee shall become due and payable to the Artist within 30 business days after the same been received from the Client or the date of the Event, whichever is later. The Performance Fee shall, subject to the deduction of GiGlue™ fees and applicable taxes be paid by direct deposit into the Artist bank account specified in the Booking Form or account payee cheque in the name of the Artist. The GiGlue will charge a platform fee from the artist which will be 10% to 15% depending upon the subscription applied to the artist. Artist is bound to give 15% of booking amount if he/she is not under fee subscription model. If the artist opts for a paid subscription, GiGlue will levy 5% charge and will only charge 10% of the booking fee as platform charge.
5. Extended Performance Fees If the Artist is required to perform at the Event for longer than the time of performance indicated in his/her quote during his/her shortlisting, the Artist agrees and acknowledges that such extended performance shall be his/her sole discretion and any additional surcharge towards the extended performance shall be as per agreement with the Client and will be paid to the Artist upon receipt from the Client.
6. Technical Riders The Artist acknowledges that the provision of the Technical Riders shall be the sole responsibility of the Client at their own expense and GiGlue™ has no responsibility in this regard except that it has conveyed the same to the Client.
7. Expenses The Performance Fee by the Artist will be inclusive of all expenses required by the Artist to perform at the Event, unless otherwise agreed. The Artist agrees to include any such expenses (like travel expenses, taxis, food, rehearsal time, hotels, flights, parking etc) within the Technical Riders and shall remain subject to approval by the Client. The said expenses as approved by the Client shall be reimbursed subject to receipt of necessary supporting vouchers from the Artist if incurred by him/her, within 5 days from the receipt of same from the Client
8. Complaints GiGlue™ cannot be held responsible for the actions or failures of either the Client or Artist. Any dispute between the Client and the Artist based on changes to the contract/performance that were agreed by both the Client and the Artist must be settled between the ‘Client’ and the ‘Artist’ directly.
Cancellation by the Client:
In case of cancellation of the Event by the Client pursuant to this Booking Form, GiGlue™ shall inform the Artist of the cancellation immediately. In such event, the Cancellation Fees, if any, provided in the Booking Form shall be paid to the Artist within 7 days of receipt from the Client. If the client chooses to cancel the artist booking before 14 days of the date of event no cancellation fee is charged. In case, client choose to cancel event after the mentioned period 66.67% of the booking will be refunded only to the client. Rest will remain in possession of GiGlue.
Cancellation by the Artist:
Cancellation by the ‘Artist’ is not allowed for any reason except circumstances covered by ‘force majeure’ as provided in Clause 17 hereto. In the unlikely event that the ‘Artist’ cancels the booking, the Artist shall be liable to refund any and all fees / advance received for the Event and indemnify for any and loss incurred by GiGlue™ including but not limited to the increased performance fees charged by the replacement artist, if any arranged by GiGlue™ for the Event. The Artist understands and acknowledges that this liability to indemnify GiGlue™ is in addition to any damages pursued by the Client against the Artist for the cancellation.
10. Representations and Warranties
Artist represents and warrants that he/she:
a. shall make himself available for any events booked through GiGlue™ for the duration agreed with the Client and shall provide the services as agreed with the Client diligently.
b. shall not infringe or misuse the intellectual property rights of third party.
c. shall abide with all the rules and regulations related to the venue of his performance.
d. shall not insult, hurt the sentiments of any party or use abusive language venue of his performance
e. acknowledges that GiGlue™ is not responsible for any misbehaviour on the part of the Client and the Artist is solely responsible for his or her own safety. Artist participation in any public or private event is at his/ her sole and exclusive risk and that the Artist is personally responsible for all costs and risks associated with any public or private event or activity
f. acknowledges and agrees that GiGlue™ is not liable to any lawsuits, refund of money to the Artist in case the Client finds his/ her behaviour and quality of performance substandard or below par or if he /she is not present for the Event as per these Terms and Conditions.
11. Artist Guarantee
The ‘Artist’ agrees to provide a performance that is to the best of their ability, and reflects fully the likeness of the
‘Artists’, as known to GiGlue™ and as advertised to the ‘Client’ via distribution of the
‘Artists’ demo CD’s, promotional materials, profiles, pictures, videos, web page etc. The
artist will make every effort to ensure their performance is outstanding, adhere to the Client’s
expectations within all reasonableness, be polite and courteous with the client, their guests
and all venue staff and contractors.
The ‘Artist’ agrees to provide all equipment required to undertake this performance, unless the equipment has been contractually agreed to be provided by the ‘Client’ or a third party. It is the ‘Artists’ responsibility to ensure the good working order & safety of their own equipment, and to obtain all necessary insurances & certification.
The ‘Artist’ will refrain from excessive drinking before, during and after the performance at all times when the ‘Client’ or their guests are present. The ‘Artist’ will not under any circumstances partake of any illegal drug use on the day of the event, or while at the event ‘venue’, or while in the presence of the Client, their guests, venue staff or other associated suppliers or artists.
The ‘Artist’ will not smoke in restricted areas or park their vehicles in restricted areas at the performance venue. The ‘Artist’ will not display any other conduct deemed anti-social, illegal, nor reflecting badly upon them, GiGlue™ or the ‘Client’. The adjustment of the volume and sound level of any equipment shall be as the ‘Client’ reasonably requires.
The ‘Artist’ at the time of agreeing to or signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
The ‘Artist’ shall be suitably and tidily dressed during their performance except with the consent of the client or where the wearing other attire is deemed to be a necessary part of their act. The ‘Artist’ is not employed by GiGlue™ and they are responsible for their own accounting and payment of income tax, service tax etc.
12. Special Condition on the Artist
It is understood by the Artist that the Client(s) in terms of their engagement with GiGlue™ are prohibited to make any direct
deal with the GiGlue's Artist(s) without the prior permission of GiGlue™. The Artist undertakes
to not approach, engage, solicit, make or accept any offers and/or otherwise deal with the
Client(s), directly or indirectly, without GiGlue's involvement for any event undertaken
by the Client.
The ‘Artist’ agrees not to hand out business cards or any promotional materials bearing their personal telephone number and/or address, or any other contact details other than those of GiGlue™, to the ‘Client’, their guests, staff, venue or contractors. If approached, the ‘Artist’ must inform the person/s concerned to contact GiGlue™.
In the event of any such engagement between the Artist and the Client to be found in later stage, the Artist shall be liable to pay GiGlue™ a penalty of INR 750,000 which the Artist acknowledges as reasonable and justified compensation to GiGlue™ for breach of contract. This clause shall survive the Event with respect to the Client, organiser of the Event.
13. Merchandising Artist shall not sell any goods, products, merchandise or services (other than the services provided herein on the property of GiGlue™ / Client except by express written permission of the GiGlue™.
14. Recording, Reproduction or Transmission of Performance GiGlue™ has the right to record and upload the photos, videos, testimonials, interviews (hereinafter referred to as "Content") of the performance of the Artist on the Website to showcase and promote Artist's work in order to generate more bookings for the Artist. The copyrights of such work shall be jointly owned by the Artist and GiGlue™.
15. Promotion GiGlue™ / Client shall be entitled to advertise and promote the appearance of Artist at the Event. Artist acknowledges that GiGlue™ / Client will rely on the terms hereof in all such promotions and advertising. Artist hereby acknowledges and agree that GiGlue™ / Client may use their name(s), photographs, likeness, facsimile in promotional materials and advertising designed to increase the attendance at Event.
16. Indemnification Artist agrees to indemnify, defend and hold harmless GiGlue™ from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by GiGlue™ that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms and Conditions. This Clause shall survive with respect to the Client(s) with whom the Artist has undertaken Event(s) through GiGlue™.
17. Force Majeure In cases of ‘Force Majeure’ (which shall be known as war, fire, death, illness or other capacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, national calamity, order of Government or Local Authority having jurisdiction in the matter, changes in law, foreign government policy, act of God), which are not attributable to any act or failure to take preventive action by the ‘Artist’ or ‘Client’, then the ‘Artist’ may cancel this booking without penalty other than loss of Performance Fee.
18. Independent Contractor Artist acknowledges that they shall perform their obligations hereunder as an independent contractor and not as an employee of GiGlue™. Artist shall have sole control and direction in the conduct of the performance at the Event.
19. General Matters
19.1 The Artist shall not without prior consent of the GiGlue™ disclose or publish in any media or use contrary to these
terms and conditions, the IPRs or confidential information of the GiGlue™ or any derivative
works there from.
19.2 The Artist shall maintain utmost confidentiality with regard to any information, materials, plans, discussions, strategies, agreements or any outcomes or products as a result of or related to the collaboration. Any information, materials etc which are already in public domain or which are not proprietary to any Party shall not form part of the confidentiality obligations.
19.3 The Artist shall return, upon the completion of the Event, the Technical Riders to the satisfaction of the Client
19.4 These Terms and Conditions shall be construed according to and subject to the laws of India and Courts in the city of Lucknow shall have exclusive jurisdiction to try any matter relating to or arising out of this Agreement.
The provisions hereto are to confirm the details of the engagement, not to secure the engagement and upon acceptance by yourself
("Client"), it will be deemed as a legally binding contract between GiGlue and the Client.
booking received by the Artist through GiGlue.
When you register as a Client, GiGlue allows creation of the profile and access to GiGlue Services, as provided on its Website. GiGlue promotes the Artist via their profiles as maintained by them on GiGlue.com to its Client registered with it, and thereby provide work to Artist (musicians & others) through GiGlue.com, but there is no guarantee whatsoever to get particular artist / talent to the Client for any Event. If any Client selects any Artist for performance in their respective service categories listed on the Website, GiGlue will contact such Artist thereabout and offer the assignment.
By furnishing the details in the Registration Form, you agree to these terms and remain bound by all of its contents. The Client has agreed to explore and discover the Artist suitable for its Event
1. Definitions (i) Artist shall mean the performer(s) empanelled with GiGlue and among who the Client would shortlist / select the suitable Artist for his/her performance at the Event;
(ii) Artist Data, shall mean the personal profile(s), skill sets, pictures, audios, videos, contact details, assignments undertaken, fees and rates or other data in any form including information, text, message, graphic, voice, video, etc, relating to the Artist provided during registration at GiGlue;
(iii) Event, shall mean events like product launch, exhibition, road-show, fashion show, musical shows, live performance and such other similar events etc. as may be undertaken by the Client;
(ii) Artist Data, shall mean the personal profile(s), skill sets, pictures, audios, videos, contact details, assignments undertaken, fees and rates or other data in any form including information, text, message, graphic, voice, video, etc, relating to the Artist provided during registration at GiGlue;
(iii) Service, means GiGlue™ as currently provided at the uniform resource locator "www.GiGlue.com", an internet-based means of access (including all versions and updates thereto) to the Artist and the Artist Data and such other functionality and material as may be offered to Client from time to time at GiGlue's sole discretion.
(iv) GiGlue, shall mean GiGlue Music Pvt Ltd. a company incorporated under the Companies Act 2013 having its corporate offices at Technology Business Incubator, NIET, 19 Knowledge Park 2, Greater Noida, engaged in providing the Services through its online platform viz. www.GiGlue.com that facilitates the event planners choose and connect with the performers, actors, models and other entertainers empanelled with GiGlue, who they deem suitable for any particular event
(v) Technical Riders, shall mean the ‘Artist's’ requirements for food, accommodation, dressing rooms, technical specifications, equipment’s setup, stand-in persons and other necessary requirements to be provided in the Booking Form to be furnished by the Artist for its acceptance of any Event
(vi) Term, shall mean the period during which the Client maintains its registration with GiGlue
2. GRANT OF ACCESS
GiGlue hereby grants to the Client for the Term a non-transferable, non-exclusive limited licence to access and use the Service in accordance with these Terms and Conditions
2.2 Permitted Acts
The Client may use the functionality made available through the Service to access the Artist Data for internal assessment of the Artist suitability for the Event; No Artist Data shall be stored or used in any form of database.
Except as expressly permitted by this Agreement (e.g. in relation to internal assessment), or by applicable law, or with GiGlue's prior written permission, the Client may not do the following (nor may permit a third party to do the same):
a. copy, download, store, publish, transmit, transfer, sub-licence, distribute, sell or otherwise use the Artist Data or any part of the Artist Data in any form or by any means;
b. re-use, reproduce, decompile, reverse engineer, disassemble, attempt to discern the source code of www.GiGlue.com or interfere in any way with the Artist Data or any part of the Artist Data;
c. modify or make any alterations, additions or amendments to the Artist Data or any parts thereof;
d. combine the whole or any part of the Artist Data with any other software, data or material;
e. create derivative works from the whole or any part of the Artist Data; or
f. sell, licence or distribute Artist Data (or any parts thereof) to third parties or use Artistdata or any parts thereof as a component of or as a basis for any material offered for sale, licence or distribution.
The Client undertakes to use reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this Agreement.
The Client shall use its reasonable endeavours to keep any Artist Data stored (if permitted by GiGlue) secure and to prevent any third party duplicating or otherwise reproducing the same in whole or in part other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.
2.4 Rights in Artist Data
Except for the licence granted in this Agreement, all rights, title and interest in Artist Data, in all languages, formats, adaptations and media throughout the world, including all copyrights, are and will continue to be the property of GiGlue, its affiliates and/or its licensors. 2.4.2
The Client shall not do or omit to do or authorise any other person to do or omit to do any act which:
a. would or might invalidate or be inconsistent with any intellectual property of GiGlue, its affiliates and/or its licensors; or
b. would or might be in breach of or otherwise inconsistent with the moral rights of the Artist to whom the Artist Data belong.
The Client shall not delete, erase, remove deface or cover any trademark, service mark, trade names, numbers, copyright or other proprietary notices, guarantee, designation of origin, means of identification, disclaimer or other statement used in connection with any Artist Data, nor shall authorise another person to do so. 2.4.4
The Client shall promptly inform GiGlue if it becomes aware of:
a. any unauthorised use of the Artist Data
b. any actual, threatened, or suspected infringement of any intellectual property of GiGlue, its affiliates and/or its licensors in the Artist Data; and
c. any claim by any third party coming that the Artist Data infringes the intellectual property or other rights of any other person.
2.5 Responsibility for Access
2.5.1 The Client is responsible for notifying GiGlue of such persons to whom the Service passwords are to be issued or from whom passwords are to be revoked (“Client Details”). The Client is solely responsible for maintaining security of the Service passwords.
2.5.2 Access to the Service will be given as soon as reasonably practical after provision of the Client Details to GiGlue.
2.5.3 Where incomplete and/or inaccurate Client Details are provided by Client, GiGlue shall not be liable for any delay or failure to set up access to the Service for the Client.
2.5.4 The Client shall be solely responsible for all access to and use of the Service including features by means of the Service passwords, whether or not the Client has knowledge of or authorises such access and use.
3. TERMS OF SERVICE
3.1 During the term of the Agreement, the Client shall access the Artist Data available
at www.GiGlue.com through its Service password and shall shortlist one or more Artist(s)
for its Event.
3.2 GiGlue shall coordinate with the shortlisted Artist(s) to obtain their Performance Fee Proposal for the Event. Thereafter it shall forward the received Performance Fee Proposal(s) to the Client.
3.3 It is understood by the Client that the Performance Fee Proposal(s) may be subject to change in case of any change in the Event.
3.4 Pursuant to confirmation on the Performance Fee Proposal(s) by the Client, GiGlue shall facilitate the completion of documentation for confirmation of the selected Artist(s) for the Event.
3.5 The Client understands and acknowledges that GiGlue shall not be in any manner responsible for the quality of performance of the Artist at the Event and the Event will be deemed as successful if the Artist(s) performs at the Event or is available for performance.
4. LICENSE FEES AND PAYMENTS
4.1 In consideration of GiGlue providing the Client (“Second Party”) access to its
performers, musicians, and other entertainers empanelled with GiGlue and facilitating the
Client and the Artist(s) to undertake the Event, the Client shall pay 1% of the Performance
Fee Proposal(s) settled with the Artist(s) who has been accepted by the Client for the Event
4.2 The Client shall pay the amount as per the Performance Fee Proposal(s) for the selected Artist along with Service Fee ("Total Amount Payable") to GiGlue as follows:
a) 50% of the Total Amount Payable immediately on the confirmation of the Artist(s) for any Event, to book the selected Artist(s)
b) remaining 50% of the Total Amount Payable before the Event starts.
4.3 The Service Fee is exclusive of GST and other applicable taxes, if any, which are the responsibility of Client. The Client shall be liable to make the payment of the Total Amount Payable by way of cheque / demand draft issued in the favour of "GiGlue Music Pvt. Ltd." or pay directly in the bank account designated by GiGlue.
4.4 It is understood by the Client that the Artist will not be bound to perform at the Event if the Client fails to make the entire payment of Total Amount Payable in terms of Clause 4.2
4.5 In the event if theClient fails to make the full payment in terms of Clause 4.2, without prejudice to any rights or remedies otherwise available, GiGlue reserves the right
To charge interest on the outstanding balance of all overdue sums at the rate of 12% per annum and /or
Cancel the booking of the selected Artist
To withdraw access to the Service.
4.6 Cancellations If a booking is cancelled within one working day of the starting time, full fee is charged. If a booking is cancelled outside the one-day period, then a half fee will be charged. If a trip or long booking is cancelled within a period equal to the length of the booking, then the full fee will be charged. Should a booking be cancelled due to illness or other reasons beyond the Artist's control (and providing that appropriate evidence is produced) neither the Artist / GiGlue shall be responsible for cancellation charges.
5. ROLE OF PARTIES
5.1 Role and obligations of GiGlue
GiGlue shall be responsible for coordinating with the Artist(s) to obtain the Performance Fee Proposal and any other details that may be required by the Client. In case of any change in the Event information, the Performance Fee Proposal(s) as forwarded by the Artist shall stand cancelled. GiGlue shall not be responsible or liable in any manner if the shortlisted Artist does not or delays in reverting with his/her Performance Fee Proposal or the performance of the selected Artist at the Event.
GiGlue shall upon receipt of the payment from the Client in terms of Clause 4.2, confirm the booking of the Artist to the Client for the Event. All payments to the Artist(s) shall be done by or at the direction of GiGlue. In case after the booking, the selected Artist(s) cancel the booking or fails to attend the Event for reasons other than force majeure, GiGlue shall provide for alternate Artist for the Event. If the same is not acceptable to the Client, GiGlue shall forthwith return any and all amount received from the Client.
GiGlue may at its discretion recommend any Artist for the Event. However, the Client shall be solely responsible for assessing such Artist's suitability for the Event.
5.2 Role and obligations of the Client
The Client shall be solely responsible for the suitability of the Artist(s) shortlisted for any Event. In case of any further training or screening is required for the Artist to become suitable for the Event, the Client shall undertake the same at its sole cost and expenses. The Client shall be solely responsible for arranging the Technical Riders as may be requested by the Artist for performing at the Event.
The Client or any associates of the Client must never make any bookings directly with GiGlue’s Artist during the campaign or at any time after the event. The client must never request GiGlue Artist telephone numbers, address or email address during the campaign or at any time after the event. Or indeed supply the GiGlue Artist with their contact telephone number, address or email address. The client must not befriend GiGlue Artist on social networking sites.
GiGlue Fees and prices are not to be discussed with GiGlue Artist.
At the time of the booking the client must provide details regarding transport available and/or overnight stays. In some cases, a fee will be charged for an overnight stay if it prevents an Artist from working on the day he/she has to travel.
It is the client’s responsibility to check whether conflicting work has ever been undertaken. It must be understood that if a model Artist advertises a product he/she is able to work for a competitor.
All clients must have appropriate Health and Safety regulations in place and inform GiGlue personnel of these on arrival to your premises or location of booking.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Except as specifically provided in this Agreement, the Service, features and Artist Data are provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness and delays. GiGlue warrants to Client that neither the Service, nor the features infringe any industrial or intellectual property rights of any third party and that it holds itself the necessary rights to grant the rights specified in this Agreement and that it has authority to enter into this Agreement with the Client.
6.2 Exclusion of liability
Neither GiGlue, its affiliates or licensors make any warranty that access to the Service will be uninterrupted, secure, complete or error free and GiGlue, its affiliates nor licensors shall have no liability in this regard. Other than in respect of the warranty given in Clause 6.1 (b) GiGlue shall not be liable in contract or law for any loss of whatsoever kind, caused to the Client, howsoever arising, suffered in connection with the Service or for any loss of revenue, business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising or suffered in connection with the Service. Other than in respect of the warranty given in Clause 6.1(b) GiGlue will have no liability whatsoever for any liability of Client to any third party which might arise.
6.3 The Client shall accept sole responsibility for and GiGlue shall not be liable for the use of the Service by the Client, and the Client shall hold GiGlue harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
6.4 Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this Agreement.
6.5 Limitation of Liability
Other than in respect of the warranty given in Clause 6.1(b), Client's exclusive remedy and GiGlue's (its affiliates' and/or licensors') entire liability under this Agreement if any, for any claim[s] for damages relating to the Service, features, Artist Data or software made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the Service Fee paid by Client relative to the specific feature (Artist Data, Service, or otherwise) or the software as applicable, which is the basis of the claim(s) during the 12 month period preceding the event giving rise to such claim.
Except for claims relating to the Service Fee or improper use of the Service, features or software, no party shall have the right to make a claim, regardless of form, which in any way arises out of these Terms and Conditions or the use of, or inability to use, the Service, features, or software more than one year after the basis for the claim becomes known to the party desiring to assert it.
7. Term and Termination
7.1 This Terms and Conditions will become effective on acceptance by the Client
at the time of Registration and upon acceptance of registration of the Client by GiGlue and
will continue in force till the Client maintains it profile with GiGlue ("Term") unless earlier
termination takes place in accordance with the provisions below.
7.2 This Agreement may be terminated by GiGlue on written notice
7.3 In the event of termination, the Client access to Service shall be forthwith disabled and the Client account will be deleted.
8. SPECIAL CONDITIONS It is understood by the Client that the Artist(s) in terms of their engagement with GiGlue are prohibited to make any direct deal with the GiGlue's clients without the prior permission of GiGlue. The Client undertakes to not approach, engage, solicit, make or accept any offers and/or otherwise deal with any Artist(s), directly or indirectly, without GiGlue's involvement for any event undertaken by the Client during the Term and for a period of 1 year thereafter. In the event of any such engagement between the Artist and the Client to be found in later stage, the Client shall be liable to pay GiGlue a penalty of INR 750,000 which the Client acknowledges as reasonable and justified compensation to GiGlue for breach of contract. This clause shall survive the deletion of the Client's account with GiGlue.
9.1 The Client is responsible for the Artist health and safety when the model is
travelling, or providing services in connection with the booking to the same extent as if
the Artist were an employee of the client. The client will maintain adequate insurance cover
to underwrite its obligations to the Artist.
9.2 GiGlue is not responsible if the Artist fails to attend the booking. The client is advised to insure against any loss which might result if the Artist does not keep a booking because of ill health or some other reason
10. GENERAL MATTERS
10.1 The Client affirms that they are independent entities and that all transactions
and relationship between them shall be on an arm's-length basis.
10.2 No Party shall represent itself or hold out as an agent, joint venture, partner, franchisee or representative of the other nor shall it be entitled to create any liability or obligation for the other.
10.3 No Party shall without prior consent of the other Party disclose or publish in any media or use contrary to the terms herein, the IPRs or confidential information of the other Party or any derivative works there from.
10.4 Both Parties shall maintain utmost confidentiality with regard to any information, materials, plans, discussions, strategies, agreements or any outcomes or products as a result of or related to the collaboration. Any information, materials etc which are already in public domain or which are not proprietary to any Party shall not form part of the confidentiality obligations.
10.5 The obligations of secrecy, confidentiality, non-use and indemnification set out in these Terms and Conditions shall survive the expiry of the Term.
10.6 These Terms and Conditions shall be construed according to and subject to the laws of India and Courts in the city of New Delhi shall have exclusive jurisdiction to try any matter relating to or arising out of this agreement.
10.7 By registering as an organiser, the user agrees to terms and condition and acknowledges the disclaimer.