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Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, USING ANY PART OF OUR DIRECTORY PLATFORM OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS DOCUMENT. THIS AGREEMENT IS IN FORCE BETWEEN GLOBAL TALENT LIST AND YOU (HEREAFTER REFERRED TO AS “ARTIST”) AND IS EFFECTIVE AS OF THE DATE YOU PURCHASES THE SERVICES DEFINED BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO USE OUR PLATFORM OR THE SERVICES RELATED TO IT.

OVERVIEW

The website https://www.globaltalentlist.com/ (the "website") is managed by New York City Entertainers.com Inc, a company incorporated under the laws of the United States of America, with its head office located at: 725 6th Ave suite 4RR, New York, NY 10010. Throughout the present document, the terms “we”, “us”, “Global Talent List” and “our” refer to New York City Entertainers.com Inc, including all information and services available from this website to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and any other Notices stated here.

Global Talent List is a platform dedicated to helping bookers or clients find the best local and international Celebrity Look-alikes, Professional Dancers, Circus Acts, Performers, Entertainers, Artist, Body Painters, Singers, Emcees, DJs, Musicians and Live Bands for local or international events. The function of Global Talent List is to provide personalized recommendations of artists for specific cultural events.

Any new features or services which will be added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

AUTHORITY AND CAPACITY

The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.

ENFORCEABILITY

This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

DISCLAIMER

To the maximum extent permitted by applicable law, nothing in this document will:

  • limit or exclude your liability or misinterpretation of the information presented on the website;
  • limit any of your liabilities in any way that is not permitted under applicable law;

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph;

(b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.

SECTION 1 – DEFINITIONS

“Visitor” means any person who visits the website.

“Artist” means the legal entity that registered for an account in order to sell its services.

"Registration" or "Register"​ means the procedure of creating an Artist account on our website;

“Subscription Fee” means your subscription with us that gives you the right to upload your listings to the website.

 

SECTION 2 – GENERAL CONDITIONS

Contracting Parties

New York City Entertainers.com Inc, a company incorporates under the laws of the United States, with its head office located at: 725 6th Ave suite 4RR, New York, NY 10010 as directory.

and

"Artist" – you, a natural or legal entity which registers for Artist account at https://www.globaltalentlist.com/, and implicitly uses our directory services.

Purpose

The directory services are provided based a subscription fee, as provided on the website. Upon ordering access to the Services and confirming acceptance of the Terms and Conditions in this document, a legally binding agreement (“Agreement”) is entered into between Global Talent List and the Artist. All Services, as they are available at any time through the portal https://www.globaltalentlist.com/, are subject to the terms of this Agreement.

Global Talent List offers services available exclusively to its Artists on the https://www.globaltalentlist.com/ website, which is directory e-commerce service. Only Artists are able to benefit of our services, so creation of an account is compulsory.

Global Talent List will accept no responsibility whatsoever for any damage resulting from inaccessibility to website services or from damage caused by corrupt files, viruses, omissions, errors, service interruptions, unauthorized access, data alteration, content deletion, failure and/or malfunction of the Artist's electronic equipment, problems with the network, with providers or telephone and/or data transmission connections.

The Artist is responsible for maintaining the confidentiality and the proper use of their private information, including the credentials for accessing restricted services.

Your acknowledgements

You acknowledge and agree that at all times during the Term of this Agreement:

(a)  in consideration for us granting you a right to upload profile to the website and the other services we provide, you grant us an irrevocable, perpetual, world-wide, royalty free license to publish, copy, license to other persons, use and adapt for any purpose related to our business any content you provide to us during the Term, and this license survives termination of this Agreement by you or us;

(b)  we may, at our discretion, remove or amend some or all of your listings if you are, in our reasonable opinion, in breach of your obligations;

(c) you are responsible for the content of your listings and any errors or omissions in your listings – our role is one of publisher;

(d)  all features of our Subscription Fees are subject to change, development and discontinuation and, as such, we may vary or discontinue any feature at any time and we will notify you of all variations or discontinuations;

(e) we will use best endeavors to provide you with continuous and fault-free operation of the website and the other services we provide you, however we cannot guarantee this and technological failures or delays may prevent us from doing so;

(f) where you have provided us with your contact details, we may contact you from time to time in relation to the services offered by us or by you.

SECTION 3 – CONTRACTUAL CONDITIONS

Before creating the Artist account, we ask that you carefully read the Terms and Conditions. Upon submission, you will receive an email message confirming your account creation. Global Talent List reserves the right to add or remove any feature, at any time.

In case of any abuse of the service, in any way, Global Talent List will have the right to cancel the account or ban the Artist from using the directory.

Sign-up Procedures

You can initiate the registration process of the Artist account through the "Registration" form, which can be found at https://www.globaltalentlist.com/create-an-account/. In order to create the account, you are required to provide a set of information, including, without limitation: complete contact information, artistic details, etc. The account opening will be validated after a preliminary verification of the contact data. You also undertake that during the validity of the contract you will keep the account information updated, accurate and true. You are responsible for keeping the username, account number, password and/or security information safe and secure. You must not disclose these details to any person who is not authorized to access the Account.

You receive a limited, terminable, non-exclusive and non-transferable right of access and use the Services, in accordance with the terms of this Agreement, exclusively for the purposes for which the services are construed.

Use of services

The Artist is able upload the information about themselves, together with pictures, videos, etc. Once the profile is complete, Global Talent List will publish it on the website, and the artist will be visible to the potential bookers and customers. All payments to the artist will go directly to the artist, not via Global Talent List.

SECTION 4 – NON-AUTHORISATION

The Artist does not instruct and does not empower Global Talent List to receive, on its behalf, payment in full of the purchase price of any services purchased by the bookers or customers.

SECTION 5 - SUBSCRIPTIONS

You will be required to pay a subscription to access our services, as provided at https://www.globaltalentlist.com/members-plans. Please note that all our fees and payments are in US Dollars and are non-refundable.

The Subscription Services include features that allow for automatically recurring payments for periodic charges. You authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription service from your user dashboard, or we can terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account or notify us with in a period more than fifteen (15) business days. We will bill by email the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment method information). Subscription fees are payable monthly or annually and for the avoidance of doubt the fees specified in your Order are the monthly rates.

We have the right to change the fees for any Subscription Fee at any time. You will be notified 7 days in advance of any changes to fees and may terminate prior to these changes taking effect if you consider these will cause you a material detriment.

If we incur a third-party cost to process a card payment or other transaction, we may charge a reasonable transaction fee.

At our discretion, we may send invoices to you by email, or such other electronic method as we notify to you. You will update an email address to which we may send your invoices. It is your responsibility to ensure that email address is accurate, is up-to-date, is functioning properly and is regularly monitored by an authorized person on your behalf. We do not give any warranty that you will receive all the invoices. It is also your responsibility of any changes to the email address to which invoices should be sent. If an email address notified by you ceases to function properly or otherwise should be amended, you will promptly provide an alternate email address for the purpose of receiving invoices.  Invoices are deemed to be received by you on the day immediately following the date shown by our email system as the sent date. Any failure to receive an invoice does not relieve you of liability for payment of fees by the due date shown on the invoice.

SECTION 6 – REIMBURSEMENT POLICY

The Artist will not be reimbursed for any Subscription Fee, if it has already been invoiced and charged, and the Artist decides to cancel the relationship with us during the subscription period.

SECTION 7 – SERVICE DISCLAIMER

The services on the Global Talent List website are provided “as is”. Global Talent List provides no warranties whatsoever, of any kind, be they expressed or implied. Furthermore, Global Talent List does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services.

We reserve the right but are not obligated, to limit access to our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services are subject to change at any time without notice, at our sole discretion.

Global Talent List is a third-party service and will not be responsible for any misrepresentation, damage, injury or whatever else you believe needs to be in such a document caused by any of the searchable entertainers and artist found on the website.

Global Talent List does not take a fee from any entertainer or artist hired off the site and does not and will not hire or book any of the entertainers or artists found on the site for any third-party venues and vendors.

Global Talent List is not responsible for any of the photos, videos, links or copyrighted information placed on the site by you.

Global Talent List reserves the right to use any of the photos and videos in ads, promotions, etc. to promote both Global Talent List and you on all media platforms.

SECTION 8 – INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Artists hereby acknowledge and agree that Global Talent List owns the intellectual property rights for all materials and services, including, but without limitation to, copyrights, patents, trademarks, and trade secrets, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on https://www.globaltalentlist.com/, including menus, web pages, graphics, colors, schemes, tools, the website's fonts and design, diagrams, layouts, methods, processes, functions and software which are part of https://www.globaltalentlist.com/, and are protected by copyright and by all other intellectual property rights of Global Talent List. The Artist's possession, access, and use of our services do not transfer to the Artist, or to any third party, any rights, title, or interest in or to such intellectual property rights.

Artists must not, without prior written consent from Global Talent List:

-           Republish material from https://www.globaltalentlist.com/

-           Sell, rent or sub-license material from https://www.globaltalentlist.com/

-           Reproduce, duplicate or copy material from https://www.globaltalentlist.com/

-           Redistribute content from https://www.globaltalentlist.com/

The individual authors of works published on https://www.globaltalentlist.com/ are entitled at any time to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may harm their honor or reputation.

Submitted Content

Global Talent List does not claim ownership of any materials the Artist makes available through the website. At Global Talent List's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials the Artist submits or makes available for inclusion on the website, they grant Global Talent List a non-perpetual, terminable upon end of contractual relationship, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). The Artist hereby represents, warrants and covenants that any materials provided does not include anything (including, but not limited to, text, images, music or video) to which they do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by the Artist. If the Artist does not agree to these terms and conditions, they will not provide us with any submitted content, and will not be able to use our services. The Artist agrees that they are fully responsible for the content submitted. The Artist is prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services that are unlawful, illegal or outside the scope of the services provided by Global Talent List); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. The Artist shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website.

SECTION 9 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 – ACCURACY OF PAYMENT INFORMATION

The Artist undertakes to keep updated at any time all the payment information regarding Subscription Fee.

SECTION 11 – OPTIONAL TOOLS

We may provide the Artist with access to third-party tools over which we neither monitor nor have any control nor input.

The Artist acknowledges and agrees that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to the use of optional third-party tools.

Any use of optional tools offered is entirely at the Artist’s risk and discretion and they should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features for the directory (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 12 – THIRD-PARTY LINKS

Certain content, services available via our service may include materials from third-parties. The https://www.globaltalentlist.com/ website may contain hyperlinks ("links") to other websites which are in no way connected or affiliated to us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials or services of third-parties.

Global Talent List neither controls nor performs monitoring operations of these websites and their content, and thus we may not be held liable for the content of these sites and the rules adopted by them, including as concerns your privacy and the processing of your personal data during your navigation. We ask that you pay attention when you connect to these websites through the links provided. We are also not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 – ARTIST COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 – PROHIBITED USES

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of our Services.

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Artist shall not use the Services to:

  1. post, publish or transmit any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable, such as images or content that is obscene, sexually explicit or contains nudity, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction;
  2. encourage conduct that is criminal, would give rise to civil liability or would otherwise violate any law;
  3. harm children in any way;
  4. impersonate a person or entity or falsely state their affiliation with a person or entity;
  5. upload, post, transmit or otherwise make available any Content that infringes the rights of another party including but not limited to trademark, copyright and other intellectual property rights; or
  6. transmit or otherwise make available any material that contains software viruses or any other computer code, files designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse;
  7. use copyrighted and other proprietary notices contained in any content on the Website;
  8. conduct any activity that is harmful or detrimental to the website, as solely determined by Global Talent List;
  9. upload any material that is harmful to any customer’s computers or objectionable to our community as a whole;
  10. falsely represent the Artist’s products;
  11. use any intellectual property of Global Talent List without prior written permission of Global Talent List or to infringe any copyright, trade mark or data base right, any other proprietary rights of any other Artist;
  12. use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site;
  13. engage in denial of service attacks upon the servers that publish this Site;
  14. harass or Cyber stalk any customer, threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  15. promote or incite any violence;
  16. promote or provoke any discrimination (including but not limited to that which is based on race, sex, religion, nationality, disability, sexual orientation or age);
  17. breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  18. engage in any activity that in our opinion could be harmful to the health or wellbeing of any customer;

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Global Talent List, our directors, officers, employees, affiliates, agents, contractors, interns, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Global Talent List, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and the Artist Agreement constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of United States of America.

SECTION 21 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at: Get in Touch.

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