Thank you for using AMP services. Please read these AMP Terms of Service (“Terms”) carefully and carefully as they contain important information about your rights, resources and obligations. By accessing or using the AMP market, you agree to be bound by these Terms and to be bound by them.
Please note that these Terms contain an arbitration and waiver clause that applies to all AMP Users. If your country of residence is the United States, this provision applies to any dispute with AMP. If your country of residence is not the United States, this provision applies to any action you may bring against AMP in the United States. It affects how MPA disputes are resolved. By accepting these Terms, you agree to abide by this arbitration clause and waive the class action. Read carefully and carefully.
Last Updated: September 20, 2019.
These Terms constitute a binding agreement (“ Agreement ”) between you and AMP (as defined in this Agreement) governing your access to and use of the AMP website, including its subdomains, and any other websites where AMP makes its services available ( collectively, “ Site ”), our mobile, tablet or other smart device applications (if applicable), and application program interfaces (collectively, “ Application ”) and all related services (collectively, “ AMP Services ”) . The AMP Site, Application and Services will be collectively referred to as “ AMP ”. Our Terms of Guarantee to the Artist , our Event Organizer Refund Policy , our Policy of Non – Discrimination and other policies to plicáveis your use of the AMP market are incorporated by reference herein.
When these Terms mention ” AMP “, “AMP market “, ” we “, ” us “, ” ours “, and other plural first-person grammatical variations, they refer to the company Artist Marketplace (hereafter simply “AMP”) , a dba of StartupRunner LLC, a limited liability company, registered in Texas, United States, with which you are entering into a contract.
Any and all payment processing services through or related to your use of the AMP (“ Payment Services ”) marketplace are provided to you by one or more partner service providers as set forth in the AMP Payment Terms (“ Payment Terms ”). ”).
Event Organizers are responsible for identifying, understanding and complying with all applicable laws, rules and regulations for hiring the Artists and organizing the Events. For example, some countries have laws that restrict a Event Organizer from hiring certain Artists. In many cities, Artists may need to register, obtain a permit or license before providing certain services to the Event Organizer. The Event Organizer and the Artist are solely responsible for identifying and obtaining any licenses, permissions or registrations required for the performance of the Services by the Artist and the Event Organizer’s organization of events. Certain types of Artist services may be prohibited together. Sanctions may include fines or other measures, for which the AMP will not be responsible. If you have questions about how local laws apply to your Artist service (s) and / or Event Organizer responsibilities, always seek local legal advice.
1. Amendment of these Terms.
2. AMP Services and Users .
3. Registration Eligibility, Trader verification and additional requirements.
4 Account Registration.
6. Service Fees.
7. Artist Specific Terms.
8. Terms specific to all entries and Profiles.
9. Terms Common to Artists and Agents.
10. Booking Artist Dates.
11. Booking Changes, Cancellations and Refunds. Resolution Center
12. Ratings and Comments.
13. Disputes between Traders.
16. Prohibited Activities.
20. Dispute Settlement and Arbitration Agreement.
21. Waiver of class action or representative process.
22. Term and Termination, Suspension and Other Measures.
23. Governing Law and Jurisdiction
24. General Provisions.
25. Talk to us .
26. Talk to us.
1. Change of these Terms.
AMP reserves the right to modify these Terms at any time in accordance with this provision. If we change these Terms, we will post the AMP Market Revised Terms and update the “Last Updated” date at the beginning of these terms. We will also email you a notification of the changes at least thirty (30) days prior to the effective date of the change. If you disagree with the amended Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the amended Terms are effective, your continued access or use of the AMP market will constitute acceptance of the amended Terms.
2. AMP market users and services.
2.1. AMP Marketplace is an online marketplace that allows users of registered artists (“ Artists ”), or their registered artistic representative (s) (“Agents”) to create an Artist Profile (“Profile”) to offer to registered users. organizing events and seeking talent (“ Event Organizers ” ) the so-called “ Artist Services ”. Artist Services means any services related to live artistic performances, including, but not limited to, offering solo or group artistic performances, interpretations of books, poems, songs, performance of event animators, lectures on miscellaneous items, comedy shows, influencers’ presentations and speeches , as well as custom recordings for a Event Organizer.
2.2. Artists and Event Organizers are collectively referred to as “Dealers”.
2.3. The AMP does not own, does not create, sell, resell, provide, control, manage, offers, delivery or supplies qua is either d Services and artist, and does not organize or offer travel packages or be vices logistics . The Artists and their Agents are solely responsible for their Profiles , pricing and services offered. When the Event Organizers make or accept a R eserve, they enter into a contract directly with the artist and his agent (if applicable) .
2.4. Although AMP may , in its sole discretion, facilitate the transaction between Traders by means of Standard Agreements (“AMP Standard Contract (s)”), AMP is not and does not become a party or other participant in any contractual relationship between the Event Organizer and the Artist, neither is AMP an insurer. AMP does not act as an agent in any capacity for an Artist or Event Organizer except as specified in the Payment Terms . Traders are responsible for supplementing AMP Standard Contracts with their own contracts to cover specific situations that protect Traders.
2.5. While we can help facilitate the resolution of disputes, the AMP has no control over and does not guarantee (i) the existence, quality, safety, sustainability or legality of any S ervices artist, your Agent (s) (s) or events the Event Organizer will , (ii) the veracity and accuracy of any descriptions of P rofile artist or Event Organizer events, ratings, comments, ratings, or other content of an Artist, (iii) the performance or conduct of any Event Organizer or third . AMP does not endorse any Artist or Event Organizer. Any references to an Artist or Event Organizer as being “verified / ready” (or similar language) only indicate that the Artist / Event Organizer has completed a relevant verification process, and nothing more. None of these descriptions imply endorsement, certification or guarantee provided by AMP on s busine before, including on their identity , history, c ONFI ability , segur dence or suits tion . The Event Organizer should always take due care when deciding whether to hire an artist, and the artist and / or his make sure that the Event Organizer Agent is sufficient before accepting a request R eserve or communicate and interact with the Event Organizer regardless to be online or in person.
2.6. By choosing to use the AMP market as an Artist or its Agent , your relationship with AMP is limited to being a Trader and a third party, independent and not an AMP employee, agent, associate or partner for any reason, and that you will act solely in the artist’s own name and for his benefit , not in the name or benefit of AMP. AMP generally does not specifically direct or control you or your performance on these Terms, including in connection with your provision of the Artist Services. You acknowledge and agree that as an Artist, or as your Agent, you have complete freedom and discretion to advertise Artist Services or otherwise engage in any other business activities with the Event Organizer.
2.7. To promote the AMP market and expand the Artists exposure to potential Event Organizers, the profiles and other artists of content can be published on other sites, in applications, emails, and online ads and off – line. To assist Traders of different languages, Traders content may be translated, in whole or in part, into other languages. AMP cannot guarantee the accuracy or quality of these translations, and Traders are responsible for reviewing and verifying the accuracy of such translations. The AMP market may contain translations provided by Google. Google and AMP disclaim all warranties with respect to translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability or fitness for a particular purpose and non-infringement.
2.8. The AMP market may contain links to third party websites or resources (“ Third Party Services ”). These Third Party Services may be subject to different terms and conditions and privacy practices. AMP is not responsible for the quality, suitability, availability, or accuracy of such Third Party Services, nor for the content, products, or services available on such Third Party Services. Links to such Third Party Services are not an endorsement by AMP of such Third Party Services.
2.9. Due to the nature of the Internet, AMP cannot guarantee uninterrupted and continuous availability and accessibility of the AMP market. AMP may restrict the availability of the AMP market or certain related areas or features, if necessary by considering the capacity limits, security or integrity of our servers, or to perform maintenance measures to ensure proper operation or improved d the AMP market. AMP can improve and change the AMP market and introduce new AMP Services from time to time.
3 Eligibility for registration, Trader verification and additional requirements.
3.1. Eligibility. To access and use the AMP market or register an account n the AMP, you must be an individual with at least 18 years of age , or u ma company , organization or other legal entity duly organized and existing under the laws the country in which you are established, and which is capable of entering into binding contracts. Minors cannot register an account alone and need their accounts to be registered by their legal representatives.
3.2. Dealer Verification. Check users in It’s hard i nternet, and do not assume responsibility for any confirmation of identity of a dealer . Notwithstanding the foregoing, for the purposes of transparency and fraud prevention, and as permitted by applicable law, we may, but are not required to (i) ask Traders to provide any official identification or other information or to conduct inspections designed to help verify Trader identities and histories , (ii) sample Traders against third-party databases or other sources and request reports from service providers, and (iii) when we have sufficient information to identify a Trader , obtain reports of public records of criminal convictions.
3.3. Additional conditions for use of the AMP market . AMP may make access and use of the AMP market or certain areas or resources of the AMP market subject to certain additional conditions or requirements, such as completing a verification process, meeting specific eligibility or quality criteria, meeting principles of reviews, comments or ratings, or a Dealer’s Booking and Cancellation history.
3.4. Additional Policies, Standards and Guidelines. Access to or use of certain areas or certain features of the AMP market may be subject to separate policies, standards or guidelines, or may require you to accept additional terms and conditions before you can access the relevant areas or characteristics of the AMP market. In the event of a conflict between these Terms and the terms and conditions applicable to a specific AMP area or feature of the AMP market, the latter terms and conditions shall prevail with respect to access and use of such area or feature unless otherwise specified in the last terms and conditions.
4 Account Registration.
4.1. You must register an account (“ AMP Account ”) to access and use certain features of the AMP marketplace, such as creating and publishing a Profile, or Booking a Date on the Artist’s calendar . If you register an AMP Account for an Artist, or other third party, individual or legal entity, you represent and warrant, under the law, that you have the authority to legally bind such entity and grant us all permissions and licenses. these Terms.
4.2. You can sign up for an AMP Account using an email address and creating a password, or through your account with certain third party social networking services, such as Facebook or Google (“ SNS Account ”). )]). You have the ability to disable the connection between your AMP Account and your SNS Account at any time by accessing the “Settings” section of the AMP Marketplace.
4.3. You must provide current, accurate and complete information during the registration process and keep the information on your AMP Account and your Profile page, or the Artist Profile you represent, always up to date.
4.4. You may not register more than 1 (one) AMP Account, unless AMP authorizes you to do so. You may not assign or transfer your AMP Account to third parties.
4.5. You may, as Agent, register one or more Artist Profiles (s), provided that you are proven to have an artist representation contract with the respective Artist (s). Upon registration of the Profile of each represented Artist, you and the Artist will be required to sign our AMP Standard Art Representation Agreement prior to finalizing the registration. Although AMP may, in its sole discretion, require Standard Contracts between users, AMP is not and does not become a party to or otherwise participating in any contractual relationship between the Artist and its Agent. AMP does not act as an agent in any capacity for an Artist or its Agent. Each Artist and their Agent is responsible for supplementing the AMP Standard Agreements with their own contracts to cover specific situations that protect them.
4.6. You are responsible for maintaining the confidentiality and security of your AMP Account credentials and may not disclose such credentials to third parties. You must notify AMP immediately if you become aware, or have any reason to suspect, that your credentials have been misappropriated, stolen, misappropriated, or otherwise compromised, or if any unauthorized use or suspicion of your AMP Account is used. You are responsible for any and all activity conducted through your AMP Account, or conducted through your Profile, by your legal representatives and Agents, unless such activities are performed without your permission and you have not been negligent in reporting to AMP. unauthorized use of your account , cancellation of your performing artist agreement with an Agent, or loss of your credentials.
4.7. AMP may enable features that allow you to authorize other Traders or certain third parties to perform certain actions that affect your AMP Account. For example, we allow dealers bind your account AMP to Event Organizer companies and perform actions for these companies, we can also enable dealers eligible or certain third parties to reserve rem events to other dealers , or we can allow Event Organizers to add other dealers as Co -Event Organizers to help manage your Events . These features do not require you to share your credentials with someone else. No third party is authorized by AMP to request your credentials, and you must not request the credentials of another Trader .
5.1. AMP may, in its sole discretion, allow Traders to (i) create, download , publish, send, receive and store content such as text, photos, audio, video, or other materials and information on or through the AMP market ( “ Dealer Content ”); and (ii) access and view the Merchant Content and any content that AMP makes available on or through the AMP marketplace, including content owned by AMP and any content licensed or authorized for use by or through AMP by a third party ( “ AMP Content ”).
5.2. The AMP market, the content of AMP and the Dealer Content may, in whole or in part, be protected by copyright, trademarks and / or other laws of the United States, Brazil and other p AISES. You acknowledge and agree that the AMP market and AMP Content, including all associated intellectual property rights, are the exclusive property of AMP and / or its licensors or authorized third parties. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the AMP market, AMP Content or Trader Content . All AMP trademarks, service marks, logos, trade names, and any other source identifiers used on or in connection with the AMP market and AMP Content are trademarks or registered trademarks of AMP in the United States, Brazil, or other locations on the globe. Trademarks, service marks, logos, trade names and any other third-party proprietary designations used or relative to AMP market, the content d the AMP and / or the dealer content , are used only for identification purposes and may be owned by their respective owners.
5.3. You shall not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit or exploit the AMP market, AMP Content or Trader Content except to the extent permitted by you. you are the owner of certain Trader Content or as expressly permitted in these Terms. No license or rights are granted by implication or otherwise under any intellectual property rights owned or controlled by AMP or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4. Subject to your compliance with these Terms, AMP grants you a non-transferable, revocable, non-sublicensable, non-exclusive, limited license to (i) download and use the Application on your personal device (s); and (ii) access and view any “C ontent C oletivo ” (content available on or through, AMP market and accessible to the dealer , only for your personal, non – commercial use).
5.6. AMP may , in its sole discretion, offer Artists the option for professionals to make a “Marketing Package” for the Artist Services to include in their Profile. You are responsible for ensuring that your Artist Service is accurately represented in the Marketing Package and that you will cease to use your content on or through the AMP market if marketing no longer accurately represents your Profile if you stop offering the Featured Artist Service, or if your AMP Account is terminated or suspended for any reason. You acknowledge and agree that AMP will have the right to use any content in the Marketing Package for advertising, marketing and / or any other business purposes on any means of communication or platform, whether in connection with your Service or otherwise, without notice. notification or additional remuneration to you. When AMP is not the sole owner of the Marketing Package, by using such content on or through the AMP market, you grant AMP an exclusive, worldwide, royalty-free, irrevocable, perpetual (or term of protection) license. , sublicensable and transferable, to use such Marketing Package for advertising, marketing and / or any other business purposes on any medium or platform, whether in connection with your Artist Service or otherwise, without further notice or remuneration. for you. In turn, AMP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Marketing Package outside the AMP market.
5.7. You are solely responsible for all Trader Content you make available on or through the AMP market. Accordingly, you represent and warrant that: (i) either you are the sole and exclusive owner of all Trader Content that you make available on or through the AMP market or you have all the rights, licenses, authorizations and releases necessary to grant to AMP the rights to such Dealer Content as contemplated in these Terms, and (ii) neither the Dealer Content , the posting, upload, presentation or transmission of the Dealer Content , or the use of the Dealer Content by AMP (or any part thereof) as contemplated under these Terms will infringe, expropriate or infringe a third party patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or publicity or privacy rights, or result in violation of any applicable law or regulation.
5.8. You will not post, download , submit or transmit any Trader Content that: (i) is fraudulent, false, misleading (directly or by omission or non-updating of information) or derogatory; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, intolerance, racism, hatred, harassment or that harms any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or animal; (v) promotes harmful or illegal substances or activities; or (vi) violates the AMP Content Policy or any other AMP policy. AMP may, without notice, remove or disable access to any Trader Content that AMP finds to be a violation of AMP’s current laws, these Terms or Policies or Standards , or that may be reprehensible or harmful to AMP, its Dealers , third parties or your property.
5.9. AMP respects copyright law and expects its Traders to do the same. If you believe that any content in the AMP market infringes on your copyright, please notify us through Contact Us.
6 Service Fees
6.1. AMP may charge registration fees (“Registration Fees”) and / or services (“Service Fees”) (collectively “AMP Fees”) from Event Organizers , Artists and / or Agents regarding use of the AMP market , without prejudice to the collection of taxes possibly due to the Tax Authorities . Information on when Registration Fees apply can be found on our Registration Fees page . Information on Service Fees and how they are calculated can be found on our Service Fees page .
6.2. Any Fees AMP applicable (including any applicable taxes) will be presented to a Event Organizer or d Artist before the c adastro an account and / or reserve d and a date in the calendar of an Artist . AMP reserves the right to change AMP Fees at any time, and we will notify Traders in advance of any fee changes prior to their application. Such changes will not affect any entries or Reserves already made prior to the actual date of the change.
6.3. You are responsible for paying any AMP Fees you owe. Applicable AMP Fees (including any applicable Taxes) are collected by AMP and / or through Partners. AMP AMP deduct any Fees payable by d Artist and amounts paid prior to pass the payment to the artist. Rates of any AMP d evidas the Event Organizer (including tax s applicable) s -interferon included n the final value recolhid the by AMP and / or Partners ( “Total Charge”) . Except as otherwise provided in the AMP market, AMP Fees are not refundable.
7 Artist specific terms.
7.1. Terms apply to all entries and Artist Profiles.
7.1.1. When creating a registration, and then a Profile, through the AMP market, the Artist must (i) provide complete and accurate information about their Artist Services (such as description of the services offered, number of people in the art group, experience, location (ii) disclose any deficiencies, restrictions and requirements that apply (such as technical rider map, stage requirements, sound, light and dressing room) and (iii) provide any other pertinent information requested by AMP . You are responsible for keeping your Profile information current at all times , including calendar availability or the “ Available Date (s) .
7.1.2. Each Artist may have only one AMP Profile, created by himself or his Agent. AMP may, in its sole discretion, allow an Artist’s calendar to be managed by more than one Agent, in cases where the Artist has proven to have Artist Representation contracts with more than one Agent.
7.1.3. The Artist is solely responsible for establishing a price (including any i mpostos, if applicable, flight charges, ground transportation, accommodation, food, and other logistics expenses) for their services ( ” Price Artist “). Once a Event Organizer requests the Reservation of Available Date (s) in their calendar , you may not request the Event Organizer to pay a higher price than the Reservation request.
7.1.4. Any terms and conditions included in the Artist Profile , especially with respect to cancellations, should not conflict with these Terms or our Force Majeure Cancellation Policy.
7.1.5. The pictures, animations and / or videos (collectively, ” Images “) used in the profile should accurately reflect the quality and condition d the Artist Services. AMP reserves the right to require Profiles to have a minimum number of images, videos and a certain format, size and resolution. AMP also reserves the right to limit the creation of Profiles to Artists who have a minimum number of followers on social media, or following any other criteria , determined by AMP’s sole discretion.
7.1.6. The placement and ranking of Profiles in AMP search results may vary depending on a variety of factors, such as Event Organizer search preferences and parameters, including budget, Artist requirements, Calendar Available Dates , and Artist Price. the number and quality of I magens arranged in P rofile of the rtista , canceling history, comments and assessments, the type of Artist Services, experi ence, g musical Enero and / or ease of booking .
7.1.7. When the artist accepts or pre-approves the request R eserve of one D ata p link Event Organizer, the artist enters into a legally binding contract with the Event Organizer, and d eve provide the (s) service (s) artist to Event Organizer as described the Artist Profile when the request R eserve is made. The Artist also agrees to pay (s) fee (s) apply Artist (s) and any i applicable mpostos. AMP reserves the right to require the signing of an AMP Standard Service Agreement between the Artist and the Event Organizer. Although AMP may, in its sole discretion, facilitate the transaction between Traders through Standard Contracts, AMP is not and does not become a party to or otherwise participating in any contractual relationship between the Event Organizer and the Artist. AMP does not act as an agent in any capacity for an Artist or Event Organizer except as specified in the Payment Terms . Traders are responsible for supplementing AMP Standard Agreements with their own contracts to cover specific situations that protect them.
7.1.8. AMP recommends that the Artist obtain appropriate insurance for their Artist Services. Carefully review each insurance policy, and in particular, make sure you understand and are familiar with all exclusions, and any deductions that may apply to such insurance policy, including, but not limited to, if your policy. The insurance policy will cover Event Organizer’s actions or omissions (such as actions or omissions related to each Artist’s technical requirements and preferences for performance, safety of the Site and the Artists, etc.), as well as conflicts over actions. and omissions of the Artist Services themselves provided to each Event Organizer.
7.1.9. The Artist represents and warrants that by accepting the Reservation of a Date on his or her Calendar : (i) will not break any contract with a third party, and (ii) comply with all applicable laws and rules and regulations for the provision of his Services (including having all permits, licenses and registrations required, if applicable). The Artist is responsible for all his actions pr óprios and omissions, and the acts and omissions of any person or entity that manages your calendar D Minutes Avail íveis including his representative or the artistic people.
7.1.10. If You Accept Booking an Artist Service on behalf of an Artistic Group, you will be required to ensure that any additional Artists meet any requirements set forth by the Event Organizer, and agree to and be aware of these Terms and any terms, conditions, rules and conditions. restrictions set by the Event Organizer. If You Accept a Reservation for an Artist Under 18, You represent and warrant, under penalty of law, that you are legally authorized to act on behalf of such a minor, and shall be liable for any actions and omissions of such minor. cause harm to Event Organizers or third parties. Minors may only participate in performances if they have written permission from their legal guardians and are accompanied at the performance venue by at least one adult legal guardian.
7.1.11. We suggest that the Artist not bring any additional individuals to an Event, except if that individual is part of their Artistic group, or with the prior notification and permission of the Event Organizer. The Artist is jointly and severally liable for all acts and omissions of any individual inviting to the Event, as well as jointly and severally liable for all acts and omissions of individuals composing the artistic group or part of the performance at their request or invitation, excluding the Event Organizer and anyone he or she invites to the Event
7.1.12. Prior to and during an Event, tour or other Artist Service, the Artist must at all times adhere to the Event Organizer’s instructions, provided that such instructions do not violate legal provisions and do not impede or render the performance of the Artist Services extremely difficult.
7.1.13. Artists who advertise tours, events and other artist services, such as recs s customized to Event Organizers are subject to t wilds to dicionais.
8 Terms common to Artists and Agents.
8.1. To use the AMP market, the Artistic Agent (“ Agent ”) must register an AMP Account in its own name or in the name of its company or organization.
8.2. The Agent may create Profile (s) for Artist (s) not yet registered with AMP. The Artist Profile in these cases will read “Managed by [Agent Name]. The Agent may administer the Artist Profile with whom it has an artistic representation contract, and legally bind the Artist and take certain measures with respect to the Artist, such as accepting Requests for Reservation of Available Date (s), sending and receiving messages of Event Organizers and update the Artist Profile and Calendar availability, receive payment for the Artist Services and any other measures necessary to enable transactions between the represented Artist and the Event Organizer. Any agreement between the Artist and the Agent may not conflict with these Terms, Payment Terms or any other AMP Policies applicable to the Artist.
8.3. If more than one Agent represents an Artist, AMP may, at its sole discretion, allow “Co-Management” of an Artist Profile by different Agents. AMP, however, reserves the right, in its sole discretion, to limit the number of Agents that can manage an Artist’s Profile and to limit the number of Profiles that an Agent can manage. AMP reserves the right to change these numbers at any time and reserves the right to revoke any authorization for co-management at any time, provided that the Traders involved are notified within 30 days of the change.
8.4. Artists should take due care when deciding who acts as the people on your profile. Artists are solely responsible for any and all Trader Profile and Content posted on the AMP market, including any Profile created by an Agent on their behalf. The Artists are also responsible for any damage caused to Event Organizers and / or third parties by Reserving Dates Available by the Agent on behalf of the Artist. In addition, the Artists remain responsible for their own acts and omissions, including, but not limited to, conduct that causes damage to the Agent (s) and / or the Event Organizer (s) . Agents remain responsible for their own acts and omissions when committing to their roles and responsibilities as Agents, including, but not limited to, conduct that causes harm to the Artist. Finally , both the Artist and the Agent are jointly and severally liable for third party complaints, including Event Organizer complaints, arising out of the other person’s acts and omissions, as related to performance activities, Event Organizer communications, Reservation of Available Date (s). ible (s) and the disposition of any Artist services.
8.5. Except as otherwise agreed by the Artist and Agent, the Artist and Agent may terminate the artistic representation agreement at any time. In addition, both Artist and Agent acknowledge that their relationship will be terminated through the AMP market in the event that AMP (i) terminates the Art Agency service or (ii) terminates a party’s participation in the Agency / co-Agency . When the Agency Agreement is terminated, the Artist shall immediately notify AMP, remaining responsible for all agent actions before termination and notification to the AMP, including the responsibility to meet any reservation s p endentes or future dates Available previously initiated termination and its notification to AMP.
8.6. When a dealer is removed as Agent, and the AMP after the notice, that dealer will no longer have access to any information or artist with respect to the Event Organizer (s) profile (s) of the rtista applicable (s). If the Agent has created the Artist Profile, such Profile will be deleted upon removal of the Agent unless the Artist registers, within 30 days of cancellation, the Profile under its own AMP Account or requests from AMP within that period, the replacement of the previous Agent by a new artistic representative, observing the due Registration Fees, if applicable.
8.7. As an Agent, you will receive comments from Event Organizers regarding the Artists you represent. Artists acknowledge that comments and ratings and ratings made by Artist Event Organizers may be impacted by the performance and conduct of their Agents.
9 Booking of Artist Dates.
9.1. The Event Organizer must carefully review the Profile of Artists wishing to Book to ensure that the Artist and all members of the art group meet any minimum age, proficiency, or other requirements that the Event Organizer is seeking for their Event. In turn, the Artist shall inform the Event Organizer of any medical or physical condition or other circumstances that may affect his or her ability and that of any member of the Artistic Group to perform the Performance of the Artist Services contracted by the Event Organizer. In addition, certain laws may apply, such as minimum entry age or alcohol consumption at the Event venue, and the Event Organizer must ensure that the Artist and Art Group members comply with these requirements before making the Reservation. . The Event Organizer is responsible for identifying, understanding and complying with all laws, rules and regulations that apply to the conduct of the Event.
9.2. Subject to meeting any requests (how to fill any verification processes) established pel the AMP and / or A rtista , the Event Organizer can reserve r the date d isponível ( “Data”) of an Artist in AMP market to follow the so – called p rocess of ” Reserve ” .
9.3. If the Event Organizer is ready to book an Artist’s Date on AMP, they may send the Artist or their Agent a request to make a Reservation. If the Event Organizer has questions about some of the Artist’s requirements and restrictions, including logistics costs, we recommend that the Event Organizer send a message to the Artist or its Agent prior to proceeding with Booking the Date.
9.4. To submit a reservation request, the Event Organizer must: (i) accept the AMP Policies and Terms, including the Force Majeure Cancellation Policy; (ii) review and sign any AMP Standard Agreements; (iii) sign the Artist Profile review disclaimer, its restrictions and logistical requirements and costs (if applicable), which may or may not make up the full advertised price on the Artist Profile; (iv) click on “Request to Book Date” ; (v) if the Artist has chosen to allow “ Instant Booking”, the Event Organizer may Instantly Book the Date without communicating with the Artist, in which case the Event Organizer Booking will be automatically confirmed; (vi) if the Artist has not opted in to allow Instant Booking, the Event Organizer must submit the Reservation request and wait for a maximum of 24 hours for the Artist to accept the Reservation request; (vii) if the Artist does not accept or decline the Reservation request within 24 hours, the Reservation request will be automatically canceled and the Event Organizer will not be charged any amount and may decide whether or not to send another Reservation request to the same Artist or other Artists of the AMP market; (viii) once the Booking request has been accepted by the Artist, the Event Organizer Booking will be temporarily confirmed; (ix) upon temporary confirmation of the Booking by the Event Organizer, the Artist’s Date will be blocked for a period of 24 hours and the Event Organizer will be fully charged for the Booking; (x) if, for any reason, confirmation of payment by the Event Organizer is not given within 24 hours, the Artist Date will be automatically unlocked from the Artist calendar and the Reservation will be automatically canceled; (xi) if there is a cancellation of the Reservation and the Event Organizer still wishes to reserve such Artist, he / she must submit a new Reservation request to the Artist.
9.5. To make payment for the Booking, the Event Organizer must add their payment information, including any coupon code they wish to add (if applicable);
9.6. All applicable fees, including the Service Fee , Security Deposit (if applicable), Artist Fee, Logistics Fees (if applicable) and any applicable Taxes (collectively, “ Total Fees ”) will be submitted to the Event Organizer prior to the reserve r u m date . The Event Organizer agrees to pay the Total Fees for any reservation requested regarding its c onta AMP.
9.7. When the Event Organizer receive the C ONFIRMATION d to R eserve by Artist , forms a legally binding contract between the artist and the Event Organizer, subject to any additional terms and conditions of the rtista where applicable, including in particular any rules , restrictions and exif ences specified by the artist in your profile prior to confirming the reservation . The AMP will charge the Total Fees after C ONFIRMATION d to Booking The rtista as the Terms of Payment . For some R eservas, the Event Organizers may have the option to pay in installments, at the sole discretion of the MPA .
9.8. AMP reserves the right to require the signing of an AMP Standard Service Agreement between the Artist and the Event Organizer. Although AMP may, in its sole discretion, facilitate the transaction between Traders through Standard Contracts, AMP is not and does not become a party to or otherwise participating in any contractual relationship between the Event Organizer and the Artist. AMP does not act as an agent in any capacity for an Artist or Event Organizer except as specified in the Payment Terms . Traders are responsible for supplementing AMP Standard Agreements with their own contracts to cover specific situations that protect them.
9.9. The AMP may allow, in its sole discretion, a Event Organizer book date (s) for p erformance artist (s) on behalf of one or more Event Organizers ( collectively, the ” Co- payers ” ) that power will divid go payment of Total fees for R eserve proportionally through services Group payment . in order to participate in the Group payment Service, each Co-pays must have or create an AMP account before making a payment. All payments through the s ervice Payment Group are managed by AMP and are subject to the Terms of d and Payment . the AMP to reserve the right to limit the number of Co-payers at any time and delete the Payment services Group since We notified Traders within 30 days.
10 Reservation Changes, Cancellations and Refunds, Resolution Center.
10.1. The Event Organizers and Artists n will are required to change a reservation already confirmed, but if they decide to change the reservation, will be responsible for any changes to R eserve they do through the AMP market ( ” Book of Changes “), and agree to pay any Additional AMP Fees (including Taxes) may apply for any such Booking Changes.
10.2. The Event Organizers and artists can only cancel an R eserve c onfirmada within the cases defined in the Cancellation Policy for Causes of Force Majeure, and AMP will reimburse the amount due by Total fee to its Dealer as provided in said cancellation policy.
10.3. If an A rtista cancel one R eserve confirmed without fault d the Event Organizer, the Event Organizer will receive a full refund of the Total Fees for R eserve. In some instances, and in its sole discretion, the AMP can allow the Event Organizer apply the refund to a new R eserve, situation in which the AMP credit that amount in the next R eserve the Event Organizer to the Event Organizer so agree . The AMP may, as a penalty: (i) keep the calendar Artist unavailable or blocked for the dates of R canceled eserve, and / or (ii) impose a T axa of C ancelamento unless the artist has a valid reason for cancellation of the reservation according to the cancellation Policy for Causes of Force Majeure .
10.4. C aso the Event Organizer cancel an event, without Artist’s fault, and out of the events set forth in P olicy cancellation by cause of Force Majeure, the Event Organizer will not be reimbursed for any amounts paid to the Artist and to the AMP.
10.5. In certain circumstances, AMP may, in its sole discretion, it is necessary to cancel, keep pending or confirm an R eserve and start a due payment and reimbursement. This can occur for the reasons set forth in P Cancellation olicy by cause of Force Majeure, or (i) when the AMP believe, in good faith, taking into account the legitimate interests of both parties, it is necessary to prevent significant damage to the AMP , other Traders , third parties or ownership, or (ii) for any of the reasons set forth in these Terms.
10.6. If an Artist cancel an R eserve confirm ada and the Event Organizer receive a refund according to the Refund Policy Event Organizer , after the Event Organizer has already been paid, the AMP shall be entitled to recover with the artist the value of any amount paid in advance and reimbursed to the Event Organizer , and may subtracted go this reimbursement amount of any future payments due to the rtista . The same will happen if AMP has to cancel a Reservation confirmed by the Artist.
10.7. Except as otherwise provided in these Terms, Traders may use the Resolution Center to request refunds . Each Trader agrees to pay all amounts charged through the Resolution Center associated with their AMP Account, and AMP and its Partners will handle all such payments.
11 Ratings and Comments.
11.1. Within a certain time after completing an R eserve, the Event Organizers can leave a public comment ( ” Comment “) and make an assessment of hearts (1-5) ( ” Assessment “) on the Artist. Ratings or Comments reflect the opinions of Individual Traders , individuals or companies, and do not reflect the opinion of AMP. Ratings and Comments are not verified by AMP for accuracy and may be incorrect or misleading.
11.2. Ratings and Comments by Event Organizers must be accurate and must not contain any defamatory or offensive language. Ratings and Comments are subject to the Content Policy, Anti-Discrimination Policy and all other AMP Policies .
11.3. Traders are prohibited from manipulating the Ratings and Commentary system in any way, such as instructing a third party to write a positive or negative Comment on Artists .
11.4. Ratings and Comments are part of the Artist’s public profile and may also appear elsewhere in the AMP market along with other relevant information, such as the Reservation number, number of cancellations, average response time, and other information.
12 Disputes between Traders.
12.1. The Event Organizer is responsible for satisfactorily organizing the Event by meeting all requirements and restrictions set by the Artist. The Event Organizer is responsible for his own acts and omissions , and is also jointly and severally liable for the acts and omissions of any person to invite as Co-Payer (if app Avel) , or who give access to re Event accommodation alizado except the Artist ( and the individuals the Artist invites to the Event , if applicable.
12.2. Event Organizer a claim and provide proof that the Artist damaged a the comodação or any personal property or other property during the event, the Event Organizer can request payment of the Artist through the Resolutions Center. If a Event Organizer submits a damage claim to AMP, the Artist will have the opportunity to respond. If the Artist agrees to pay the Event Organizer, AMP will charge the Artist for any amount agreed upon under the Terms of Payment . AMP also reserves the right to charge Event Organizer payment and to seek any remedies available to AMP in this regard in situations where the Event Organizer is liable for a claim of damage to the Artist , including failure to comply with the requirements and restrictions of the Artists included in the Profile before booking. AMP will make such charges in its sole discretion, acting as a mediator between Traders, and Traders should ensure that they obtain appropriate protections through insurance policy and legal advice prior to the Reservation.
12.3. The dealers agree to cooperate and help AMP in good faith, and provide the AMP this information and take action as may be reasonably requested by AMP with respect to any complaints or claims made by dealers related to: (i) damage to the convenience of the events or any personal property or otherwise, located in the commodity of an Event or other property located in the commodity of the Event, (ii) not providing the Artist Services or insufficient rendering; (iii) failure to comply with the Artists requirements, restrictions and specifications detailed in the Pre-Booking Profiles; (iv) problems in Reserve Dates, etc . A Trader shall, upon reasonable request by AMP and at no cost to the Trader , participate in the mediation process or similar resolution process with another Trader , whose process will be conducted by AMP or a third party selected by AMP or its issuer, in respect of losses or for which a Trader requests payment from AMP (including, without limitation, AMP payments under the Event Organizer Guarantee ).
12.4. If you are a Trader , you understand and agree that AMP may make a claim with your insurance policy or other insurance policy regarding any damage or loss you may have caused, or for which you may have been liable to another. Dealer or third parties (including, but not limited to, amounts paid by AMP under the Event Organizer Guarantee ). You agree to cooperate and assist AMP in good faith and provide AMP with information as may reasonably be requested by AMP in order to make a claim to the Dealer or insurance policy, including, but not limited to, the filing of documents and taking such further measures as AMP may reasonably request to assist in the accomplishment of the present.
Generally speaking, AMP accepts payment amounts due to the Artists by the Event Organizers, or vice versa, up to the smallest possible unit of a given currency (ie cents, cents or other accepted currencies). When AMP’s Third Party Payment Service Provider does not accept payments in the smallest possible unit of a given currency, AMP may, in its sole discretion, round up or down the payment amounts shown due to the Artists by the Event Organizers, or vice versa. ie, up to the nearest functional and integer base unit that the currency has (ie, up to the nearest integer value of the dollar, real or other accepted currency).
14.1. Dealers are the only Marketing Executive is to determine their obligations to report, collect or remit the payment of any i mposto due to the Tax Authorities ( ” Tax “) on the services provided, measured income or any other key driver of obligation tax will .
14.2. Tax rules may require us to collect appropriate tax information from Event Organizers, or withhold Payment Taxes for Artists , or both. If one of the Traders does not provide us with documentation required by local law (eg, taxpayer number ) that we deem sufficient to mitigate our obligation (if any) to withhold taxes, we reserve the right, at our sole discretion. , withhold reasonable amounts for the transfer of the relevant tax as required by law , or withhold the full amount of the payment until the due information is passed on to us.
14.3. Traders understand that any appropriate government agency as well as the department and / or authority (“Tax Authority”) of your place of residence or performance may request Taxes to be collected and the amount to be remitted to the respective Tax Authority.
14.4. In some jurisdictions, AMP may decide, in its sole discretion, to facilitate the collection and remittance of Taxes , if such jurisdiction gives AMP or the Event Organizer a tax obligation to collect and remit. In any jurisdiction in which we decide to facilitate r ecolhimento and r direct Emessa, you instructs and authorizes AMP to collect such taxes at the time Fees Totals AMP is collected, and remit such taxes to the Tax Authority. In other jurisdictions, AMP may decide, in its sole discretion, to collect Taxes and remit such Taxes to eligible and qualified Traders for the final report and referral by such Trader to the Tax Authority.
14.5. AMP assumes no responsibility for a participating Trader’s failure to comply with any applicable tax reporting or remittance obligations. The amount of the Taxes, if any, collected and remitted by AMP, if applicable, will be visible and separately established to Traders in their respective transaction documents.
14.6. You agree that any request or cause of action regarding facilitation by AMP for Tax Collection and Remittance will not extend to any supplier or seller that AMP may use in connection with facilitation of Collection and Remittance, if applicable. Artists and Entertainers agree that AMP may request additional values to the dealer if the collected taxes and / or remitted is insufficient to Deson erar AMP completely its obligations to the tax authorities, and agree in st eembols air such values completely to AMP or make direct payment to the Tax Authority under local law.
14.7. The AMP to reserve the right, with prior notice to the Event Organizers, cease r ecolhimento and r Emessa in any jurisdiction for any reason to determine that the dealers are solely responsible again for the collection and / or the shipment of any Tax that may apply to Artist Services in that jurisdiction .
15 The Forbidden Activities.
15.1. V ou are solely responsible for compliance with any law, rule, regulation and obligation that may be applicable to your use d the AMP market. According to your use of the AMP market, you will not do or assist or enable others to:
15.1.1. violate or circumvent any applicable laws or regulations, third party agreements, third party rights or our Terms, Policies or Standards ;
15.1.2. use the AMP market for any purpose other than as expressly authorized by these Terms or in a manner that falsely suggests that AMP endorses, partners with, or otherwise misleads others as its affiliation with AMP ;
15.1.4. use the AMP market in accordance with the distribution of unsolicited commercial messages (“spam”);
15.1.5. of erecer as the people the services of any A rtista that you or your company do not represent legally or with which you have no artistic representation contract ;
15.1.6. reserve r the D ata of any artist without you or your company the (a) legal representative through artistic representation contract ;
15.1.7. contacting another dealer for any purpose other than is that of making a question related to an R eserve her, a Artist requirement or restriction , or use the Dealer in AMP market, including, but not limited to, recruitment or the request of any Trader to adhere to their own or third party services , applications or third party websites without prior written approval;
15.1.8. use the AMP market to request, make or accept an R eserve out d the AMP market, to circumvent the Service Fees or for any other reason;
15.1.9. solicit, accept or make payment for performances outside the AMP market, when used on the AMP market for the trading of the Artist Services . If you do this, you acknowledge and agree that: (i) are you in violation of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) keep ha AMP disclaims any liability for such payment or other damage dealers and third parties;
15.1.10. act in a discriminatory or harassing manner towards anyone based on race, nationality of origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise participate in a violent, harmful, abusive or disorderly behavior;
15.1.11. misuse or abuse Profiles, Registries, Classifications ;
15.1.12. use, display, imitate or reproduce the AMP market or the Trader Content , or any individual or collective element, within the AMP market, the AMP name, any AMP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the AMP marketplace without the express written consent of AMP;
15.1.13. m harming or harming the AMP trademark in any way, including through unauthorized use of Trader Content or Collective Content , registering and / or using AMP or derivative terms in domain names, trademarks, trademarks or other identifiers of originate, or register and / or use domain names, trademarks, trademarks or other identifiers of origin that closely mimic or are confusingly similar to AMP domains, trademarks, slogans, promotional campaigns or Collective Content;
15.1.14. use robots, “spider”, “scraper” crawler or other automated means or process to access, collect data or other content from or interact with the AMP market for any purpose;
15.1.15. ignore, remove, disable, impair, decode, or attempt to circumvent any technology measure that has been implemented by AMP or any of AMP’s providers or any other third party to protect the AMP market;
15.1.16. attempt to decrypt, decompile, disassemble or reverse engineer any software used to provide the AMP market;
15.1.17. take any action that causes harm or negatively affects, or that may cause harm or negatively affect the performance or proper functioning of the AMP market;
15.1.18. violate or infringe on anyone’s right or cause harm to anyone.
15.2. Traders acknowledge that AMP has no obligation to monitor the access or use of the AMP market by any Trader or to revise, disable access, or edit the Content of any Trader , but has the right to do so to (i) ) operate, secure and improve the AMP market (including, without limitation, for fraud prevention, risk assessment, investigation and customer service purposes); (ii) ensure Traders ‘ compliance with these Terms; (iii) comply with applicable law or the decision or requirement of a court, legal requirement or other administrative agency or government body; (iv) respond to Content that you determine to be harmful or objectionable; or (v) as otherwise provided in these Terms. The dealers agree to cooperate with AMP and assist it in good faith, and provide the AMP this information and implement the measures that have been requested by AMP with respect to any investigation by AMP or by a representative of AMP with respect to use or abuse of the AMP market ;
15.3. If you believe that any Trader you interact with, whether online or in person, has acted inappropriately, including, but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) or engages in any other disturbing conduct, you must immediately report that person to the appropriate authorities and then to AMP by contacting us and providing us with the incident report number (if available). You agree that any incident report you make does not require us to take any action (other than as required by law, if any).
16.1. If you choose to use the AMP market, you do so voluntarily and at your own risk. The AMP market , as well as its Content, is provided “as is” without warranty of any kind, express or implied.
16.2. You agree that you have had every opportunity to investigate the AMP Services, laws, rules or regulations that may apply to the Artist Services, Artistic Agent Services and / or Event Organizer Services and that you are not contracting with any dealer confi ado on any statement d and law or fact disclosed by AMP with respect to an Artist, Agent or Event Organizer, and you exercised your own research and due diligence regarding the part dealer.
16.3. If we choose to perform such identity or history checks with any Trader , as permitted by applicable law, we disclaim any warranties of any kind, express or implied, that these controls will identify prior unlawful acts by a User, Trader, or warrant that The Dealer will not engage in unlawful acts in the future.
16.4. You agree that some Experiences, Events, Tours, performances and other Event Organizer Services or the Group Payment Service may carry inherent risks, and that by participating in such services you choose to take those risks voluntarily. For example, some Artist Services may carry risks of illness, bodily injury, disability or death, and you have the freedom and the right to assume these risks by choosing to participate in such Artist Services . You assume all responsibility for their choices before, during and after the p erformance of a Service The rtista or Group Payment Service. If you bring a minor as a companion or member of the art group , you are solely responsible for supervising that minor throughout the entire period of your Artist Service and to the extent permitted by law, you undertake to maintain AMP disclaims and losses relating to liability and complaints arising in any way damage, death, loss or injury occurring to a minor during Service a rtista or in any way related to the Event d the Event Organizer.
16.5. The above exemption applies to the fullest extent permitted by law. You may have other statutory rights. However, the duration of statutory guarantees, if applicable, will be limited to the maximum extent permitted by law.
17.1. You acknowledge and agree that, to the maximum extent permitted by law, remain under its responsibility all the risk from your access and use d the AMP market and any of its contents , the publication of a profile or reservation of any artist through d the market AMP, s water performance in either the comodação, participation in any experience , tour, event or use of any of the Service rtista , participation in the Payment Service Group, or any other interaction that you have with other dealers , regardless of be in person or online.
17.2. Neither AMP nor any other party involved in creating, producing or making available to the AMP market or any of its contents shall be liable for any incidental, special, exemplary or consequential damages, including lost profits, data loss or goodwill. , service interruption, computer damage or system failure, or the cost of replacing products or services, or for any personal or bodily or moral damage or emotional distress arising from or related to these conditions, use, or inability to use the AMP site, the AMP application, the services or any part of the AMP content arising out of any communications with (i) these Terms, (ii) your use of or your inability to use the AMP market or any of its content , (iii) any communications, interactions, or service to other Traders or others with whom you communicate, interact, or meet as a result of the use of the AMP market , or (iv) its publication or reservation by any Artist , whether based on warranty, contract, unlawful act (including negligence), product liability or any other legal theory, and even if AMP has been or has not been informed of the possibility of such damages, even if a limited remedy contained herein has not fulfilled its essential purpose. Except for our payment obligations towards The nfitriões applicable as provision of these T wilderness or a payment request approved under the Event Organizer Guarantee of AMP, in no event shall the aggregate liability of AMP arising out of or relating to these Terms and use d the AMP market, including without limitation your posting or Booking of any Artists through the AMP market, or the use or inability to use the AMP market, or any of its contents , and in accordance with any Experience, T urne, Event, another service the rtista or Payment Service Group, or interactions with any other dealers , exceed the amount paid or payable by Reserve s through it the AMP market as a Event Organizer in the period of twelve (12) months prior to the event giving rise to liability, or if you are an Artist , the amount paid by AMP to you within 12 (twelve) months prior to the event generator of liability, in both cases if the maximum ceiling of 100 thousand dollars is obeyed . The damage limitations set forth above are fundamental elements of the basis of the agreement between you and AMP. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
To the fullest extent permitted by law, you agree to exempt, defend (at the discretion of AMP), indemnify, and keep AMP , its affiliates and subsidiaries, and its officers, directors, employees and agents free from harm by and against any claim, liability, damages, damages and expenses, including without limitation reasonable accounting and legal fees, arising from or in any way related to (i) your violation of these Terms or our Policies or Standards , (ii) your misuse of the market AMP or any s ervices of the MPA, (iii) its interaction with any dealer , performance in a Room, participation in an Experience, Turn is, or event or other of the services rtista , participation in the Payment Service Group, organi Event and compliance with each Artist’s requirements, requirements and restrictions, including, without limitation, damages, injury and atórias, direct, incidental, consequential or otherwise) of any nature relating to or as a result of that interaction, performance or participation in anf events itrião , and the organization will of events by pr óprio Event Organizer , (iv) Collection and Remittance , by AMP, from Taxes, or (v) your violation of any laws, regulations or rights of third parties.
19 Dispute Resolution and Arbitration Agreement.
19.1. The AMP is committed to participate in a process R ESOLUTION of L itígios amicably with the dealer. To this end, these Terms feature a two-party process: ( i ) an informal negotiation directly with the AMP Trader service team , and ( ii ) a binding arbitration administered by the American Arbitration Association (“ AAA ”) for US disputes; or Arbitranet for disputes in Brazil, using the Arbitration Rules of those companies in force at the time of the dispute.
19.2. You and AMP mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, violation, termination, validity, application or interpretation thereof, or your use of the AMP market, the Artist Services, the Event Organizer Events. , the Group Payment Service (collectively, “Disputes”) will be settled through individual arbitration (the “Arbitration Agreement”). If there is a dispute as to whether this Arbitration Agreement may apply or apply to our Dispute, you and AMP agree that the arbitrator shall decide on this matter.
19.3. You and AMP acknowledge and agree that each of us waives the right to a jury trial in all disputes that may be settled by arbitration.
19.4. This Arbitration Agreement will apply to all Traders except in countries where Arbitration Agreement is prohibited.
19.5. Arbitrators shall be neutral, and no party may unilaterally select an arbitrator; the s arbitrators must disclose any bias, interest in the outcome of the arbitration or relationship with either party;
19.6. The P arts hold the right to seek remedy in process in small claims forum for certain claims, at its option;
19.7. The AMP must elect the place of the hearing and may elect to participate in person, by telephone, videoconference or claims below $ 2 0 .000, by sending documents;
19.8. The arbitrator may grant any remedy that the parties could have received in court to resolve a party’s individual claim.
19.9. Before commencing an arbitration proceeding, you and AMP agree to notify each other of the dispute and attempt to negotiate an informal settlement first. We will contact you at the email address you provided to us; You can contact the AMP customer service team by sending us an email. If, after a good faith negotiation effort, one of us feels that the dispute has not been and cannot be settled informally, the party seeking arbitration agrees to notify the other party by email before commencing the dispute process. arbitration. In order to initiate the arbitration proceeding, a complaint must be submitted to AAA or Arbitra net and the Written Request for Arbitration provided to the other party as specified in the AAA or Arbitranet rules , as applicable.
19.10. The arbitrator’s decision shall include the essential conclusions and conclusions on which the arbitrator based the award. Enforcement of the arbitration award may be filed in any court having applicable jurisdiction. The arbitrator may grant a declaratory or injunctive award only on an individual basis and only to the extent necessary to provide relief justified by the claimant’s individual claim.
19.11. Notwithstanding the provisions of the “Modification of these Terms” Section, if AMP changes the “Dispute Settlement and Arbitration Agreement” Section after the date of the last acceptance of these Terms (or acceptance of any subsequent changes to these Terms), you may reject any change by sending us written notice (including by email) within thirty (30) days of the effective date of such change as indicated on the “Last Updated Date” above or the date of AMP warning of the change. Rejecting a new change, however, does not revoke or change your prior consent to any prior agreements to arbitrate any Dispute between you and AMP (or your prior consent to any subsequent amendments), which shall remain in force and apply to any Dispute between you and AMP. the AMP.
20 Exceptions to the Arbitration Agreement.
You and AMP each agree that the following requests are exceptions to the Arbitration Agreement and will be brought to court and a court of competent jurisdiction in the United States in the following cases: (i) Any claim related to the threat of infringement or infringement actual, misappropriation or infringement of a party’s copyright, trademarks, trade secrets, patents or other intellectual property rights; (ii) Any claim seeking emergency precautionary remedies based on demanding circumstances (eg imminent danger or execution of a crime, hacking, cyber-attack); (iii) Any claim of resident in a country that does not accept the Arbitration Agreement.
21 Waiver of class action or representative process.
You and AMP acknowledge and agree that, to the fullest extent permitted by law, each of us waives the right to participate as a plaintiff or Class Dealer in any class action, class-wide arbitration, prosecution of a prosecutor. General or any other representative proceeding with all Disputes. In addition, unless you and AMP otherwise agree in writing, the arbitrator may not consolidate more than one claim by the party and may not otherwise preside over any representative class or process. If the waiver of “class action” or waiver of “class arbitration” of this Section is found to be unenforceable with respect to any Dispute, the entire Arbitration Agreement shall be deemed void with respect to such Dispute and the Dispute shall continue to apply. court. If the waiver of a “private attorney’s general action” or the waiver of “representative proceedings” in this Section is found to be unenforceable with respect to any Dispute, such waivers may be removed from this Arbitration Agreement and you and AMP agree that any claim Attorney general representation and representative claims in the Dispute will be cut and suspended, pending the resolution of any arbitrable claims in the Dispute in an individual arbitration .
22 Term and Termination, Suspension and Other Measures.
22.1. This Agreement will be effective for a period of 30 days, at the end of that period it will be automatically and continuously renewed for subsequent 30-day terms until you or AMP terminate this Agreement pursuant to this provision.
22.2. You may terminate this Agreement at any time by sending us an email. If you cancel your AMP Account as an Artist, all confirmed Reservations will remain in effect and upon cancellation you will no longer be able to accept any Date Reservations and your Profile will be deleted from the AMP market. If you cancel your AMP Event Organizer Account, all Bookings already confirmed will remain in effect and upon cancellation you will no longer be able to Book Dates of any Artists.
22.3. Without limiting our rights specified below, AMP may terminate this Agreement for no apparent reason at any time by providing you with 30 days prior email notification to your registered email address.
22.4. AMP may immediately, without notice, terminate this Agreement and / or stop offering access to the AMP market if (i) you have materially violated your obligations under these Terms, Payment Terms , our Policies or our Standards , (ii) you have violated applicable laws, regulations or third party rights, or (iii) AMP believes in good faith that such action is reasonably necessary to protect the personal safety or property of AMP, its Traders, or third parties (for example, in the case of fraudulent behavior by a Trader).
22.5. AMP may also limit your access to or use of the AMP market; temporarily or permanently revoke any special situation related to your AMP account; temporarily or permanently suspend, in the event of recurring or serious misconduct, your AMP Account and interrupt your access to the AMP market in the following cases: (i) to comply with applicable law, or with a court ruling or requirement as required by law or other government agency or administrative agency; (ii) if you have violated these Terms, Payment Terms , Policies or Standards, applicable laws, regulations or third party rights, (iii) if you have provided false, incomplete, outdated, fraudulent or inaccurate information in the AMP Account Registration step, your Profile registration process, the Artist Profile registration process represented by you (iv) you and / or your Artist Services at any time do not meet any eligibility or quality criteria, ( v) if you have repeatedly received negative Reviews or Comments or if AMP becomes aware of or receives complaints about your performance or conduct, (vi) if you have repeatedly canceled Reserves confirmed or have not responded to Reservation requests without a valid reason, or (vii) if AMP believes in good faith that such measure is reasonably necessary to protect the personal or property safety of AMP , from its Traders or third parties, or prevent fraud or other illegal activities. In the event of non-material violations and as appropriate, you will be notified of any intended action by AMP and will have the opportunity to resolve the issue to AMP’s reasonable satisfaction.
22.6. If we take any of the measures described above with respect to an Artist that prevent them from performing for an already booked and confirmed event (i) the Event Organizer will be fully refunded for any Reservation that has been canceled, and (ii) the Artist does not you will receive any payment for confirmed or pending Reservations that have been canceled and any amounts that have been refunded to the Event Organizer by AMP may be subtracted from future payments due to the Artist.
22.7. Upon termination of this Agreement, you will not be entitled to a restoration of your AMP Account or any of its Content. If your access or use of the AMP market is limited, or your AMP Account is suspended or this Agreement is terminated by us, you will not be able to register a new AMP Account or access and use the AMP Market through another Trader’s AMP Account. , without express authorization from AMP.
23 Applicable law and jurisdiction.
23.1. If your country of residence or establishment for the United States, these Terms and your use of the Services shall be construed in accordance with the laws of E stado of Texas, the s United States, it is to observe the conflict of laws provisions . Lawsuits (except litigation in small claims courts) that are outside the application of the Arbitration Agreement shall be brought before the state or federal court of Linden , New Jersey , and unless both parties agree to use another jurisdiction.
23.2. If your country of residence or establishment is Brazil , these Terms will be construed in accordance with the laws of Brazil (“Laws of Brazil ”). Any dispute arising out of or related to this Agreement shall be submitted to Arbitranet and shall be construed in accordance with Arbitranet’s arbitration rules in force at the time of application for arbitration, and this section shall not be construed as limiting any rights that Arbitranet may apply. AMP may have to apply to any court of competent jurisdiction for an order requiring the user to perform or prohibited from performing certain acts and other interim measure allowed under the laws d the Brazil or any other laws that may apply to the user. Arbitration proceedings will be conducted in English. The arbitration award is final and binding on both parties.
23.3. If your country of residence or establishment is not the United States or Brazil, these Terms shall be construed in accordance with the l lo American . The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Choosing the law does not affect your rights as a consumer under the consumer protection regulations of your country of residence. If you are acting as a consumer , you agree to be subject to the non-exclusive jurisdiction of the US courts . Lawsuits you may bring against us from or related to these Terms may only be brought to a court located in the US or to a court having jurisdiction in your place of residence. If AMP wishes to enforce any of its rights against you as a consumer, we may do so in any US court or in the courts of the jurisdiction in which you reside. If you are acting as a company, you agree to be subject to the exclusive jurisdiction of the US courts .
24 General Provisions.
24.1. Compliance with legal provisions. You will comply with any applicable laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Artist Service (s) or the Artist Services you represent as Agent are located in or occurring in a country subject to government embargo. has been designated by the US government as a “terrorist supporting” country, and (ii) you are not registered on any US government list of prohibited or restricted parties.
24.2. Full agreement. Except to the extent that they may be supplemented by additional standards, guidelines, policies, terms and conditions, these Terms constitute the entire Agreement between AMP and you with respect to the subject matter hereof, and supersede any prior oral or written agreement between AMP and you regarding access to and use of the AMP market.
24.3. No link. There is no joint venture, partnership, employment relationship or agency relationship between you and AMP either as a result of this Agreement or your use of the AMP market.
24.4. Scope of Terms. These Terms are not and will not be intended to confer any rights or remedies on anyone other than Traders .
24.5. Independence of contractual clauses. If any provision of these Terms is held to be invalid or unenforceable, that provision will be removed and will not affect the validity and effectiveness of the remaining provisions herein.
24.6. The implied waiver of rights of the MPA . Failure by AMP to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. Except as expressly provided in these Terms, the exercise by either party of any judicial action under these Terms shall be without prejudice to other measures under these Terms or otherwise permitted by law.
24.7. Non-transferability of rights and obligations. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without AMP’s prior written consent. AMP may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, in its sole discretion, provided 30 days’ notice is given. Your right to terminate this Agreement at any time remains unchanged.
24.8. AMP notifications. Except as otherwise specified, any notice or other communications with Traders permitted or requested by this Agreement will be provided electronically and sent by AMP by email .
24.9. Google Maps. Some parts of the AMP market deploy Google Maps / Earth map services, including Google Maps API (s). Your use of Google Maps / Earth is subject to the Google Maps / Google Earth Additional Terms of Service.
25 Contact us.
We appreciate and encourage you to provide feedback , comments and suggestions for improvements to the AMP (“ Feedback ”) market. You can send us feedback via email or through the “Contact Us” section of the AMP market, or by any other means of communication. Any Feedback you submit to us will be considered non-confidential and will not be your property. By sending us Feedback , you give us a non-exclusive, royalty-free, irrevocable, sublicensable and perpetual license to use and post these ideas and materials for any purpose without paying you for it. If you have questions about these Terms, please contact us at “Contact Us”.