User terms

GENERAL

Collective Artists Pvt. Ltd., a company incorporated under the laws of India, having its registered office at 212, Surya Kiran Building, 19, K.G. Marg, New Delhi, India - 110001 and the owner of Yahavi (“Yahavi”, “us”, “our”) provides an internet based platform for promoting and developing various arts, disseminating information relating to arts, managing events and people, showcasing artists and talent in the field of arts, connecting artists with persons who are looking to engage them, creating artist portfolios by recording/shooting their performance at events or at professional studios, and other services as may be provided through any device or means (“Services”). Yahavi may provide its Services through its website www.yahavi.com (“Website”), mobile customer application on any platform (“App”), or any other means in the sole discretion of Yahavi, subject to the following terms and conditions of use (“Terms”). The Terms apply to all and anyone who (i) visits as a guest but does not interact with the Website/App and its content (“Visitor”), and (ii) accesses the Website/App directly by creating a profile with Yahavi or signs-in through third party media, including but not limited to Facebook, Google+, Twitter (“Social Media”) to, amongst other things, create events, upload performances, browse data, post comments and generally interact with the Website/App (collectively referred to as “Members”). The Visitors and Members are collectively further referred herein as “User”, “you”, “your,” unless the context otherwise dictates.

The User agrees that by clicking ‘Join Now’, ‘Join Yahavi’, ‘Sign Up’ or similar terms of registering, accessing or using the Website, the App and the Services or associated developed platforms, related mobile applications, or any content/information forming part of the Services, the Terms (including any amended Terms that may be updated from time to time) are accepted by the User, thereby constituting a legally binding agreement between Yahavi and the User. Yahavi reserves the absolute right and discretion to amend, modify, alter or change these Terms at any time, without any obligation to inform the User; and it shall be the User’s responsibility to keep track of such updated Terms. If the User does not agree to the Terms, Yahavi requests you not to click ‘Join Now’, ‘Join Yahavi’, ‘Sign Up’ (or similar accessing terms) and not to access the Website, the App or otherwise use any of Yahavi’s Services. Yahavi, at its sole discretion, reserves the right to deny a User from accessing or registering on the Website, the App and availing the Services without assigning any reason thereof.

SERVICES

The Services may be used by Members. Yahavi’s Members generally include (i) artists (trained or not) including but not limited to singers, bands, DJs, musicians, instrumentalists and other creative performers (“Artists”), (ii) the stakeholders who are looking to commercially engage Artists for certain consideration or otherwise (“Demand”), and (iii) the fans who interact with the Website by browsing its content and posting comments, etc. by signing-in through other Social Media platforms (“Fans”). Artists who become Members can use the Services to promote themselves, find potential clients, post, upload and submit sample of their pictures and/or performances in audio/video format on the Website/App. Demand who signs-up to engage Artists can create events and invite Artists, view Artist profiles, find Artists to perform at events, add suggested Artists to tentative list for review by other Members and post details such as time, location, occasion of the event, preferred genre and other relevant information on the Website/ App. Fans who are Members may post their opinions, replies, messages, queries, wish list, comments, etc. on the Website/App. Anything uploaded, posted or submitted by way of words, sign, photographs or other audible or visual representation on the Website/App by Members will collectively be referred herein as “Member Content”.

As part of the Services, Yahavi facilitates Artists and Demand on all aspects of accessing Services, including but not limited to setting up events and inviting Artists to express their interest/intent to perform, making a final selection and sending invites to the Artist through Yahavi. It is agreed that any final negotiations for formalization of contract between the Artists and Demand will happen on a principal-to-principal basis between the Artist and Demand; and such contract will be entered outside and independent of the Yahavi platform. Yahavi shall not be privy to such contract in any manner whatsoever. The Services offered shall permit non-binding negotiations in a manner deemed appropriate by Yahavi.

Who Can use?

Any use of the Website, the App and the Services by any person under the age of 18 years is prohibited. Accordingly, the User represents and warrants that it is at least 18 years of age while accessing the Services and competent to enter into a legally enforceable contract with Yahavi through the present Terms. In the event that the User is below the age of 18 years, the User represents and warrants that necessary consent has been procured from the User’s parent(s) or legal guardian for accessing the Services and entering into a legally enforceable contract with Yahavi through the present Terms. If the User resides in a jurisdiction that restricts the use of the Website, the App or the Services because of age limitation, or restricts the ability to enter into contracts such as these Terms due to age, the User must abide by such age limits and must not use the Website, the App or the Services. All Services provided by Yahavi are premised on the implied assumption that the User is competent to contract under the Indian Contract Act, 1872 and other applicable laws governing the User’s acceptance of these Terms.

MEMBERSHIP

The Members, excluding Fans, will require to register with Yahavi either on the Website/App to avail the Services,

For completing the registration process with Yahavi, the User will be provided with a unique password and account designation (“Yahavi Account”) to sign-in to the Website/App. For creating the Yahavi Account, and for using features on the Website/App, the User must provide Yahavi with true, accurate and complete information such as his/her name, valid e-mail address; and agree to update such information from time to time, so as to keep it accurate and complete all throughout the duration of the Services. Upon successfully registering with Yahavi, the User can avail Services as a Member. Without registering with Yahavi, the User can browse and will have limited access to the Website and/or App as a Visitor. Additionally, Yahavi may need to access User specific data including personal data such as identity, contacts, media, User device ID, etc. for which the User, hereby expressly and unambiguously grants his/her absolute consent. The manner of use of the User specific information and data accessed by Yahavi during the course of registration or browsing will be the sole discretion of Yahavi, subject to these Terms including the Privacy Policy (hyperlink here) and applicable laws.

The User is solely responsible for maintaining the confidentiality of Yahavi Account, and for all activities that occur through the Yahavi Account. The User agrees that he/she will not allow any third party to use his/her Yahavi Account or enable access to the Website/App for availing Services through his/her Yahavi Account or authorize use of the Services in any manner on his/her behalf and at all times use the Yahavi Account for his/her own self. The User agrees to (i) immediately notify Yahavi of any unauthorized use of the Yahavi Account or any other breach of security, and (ii) ensure that he/she properly logs out and exits from his/her Yahavi Account at the end of each signed in session.

PROPREITARY RIGHTS AND LICENSE

The User acknowledges that the Website, the App, the Services, underlying technology used in connection with the Website/App/Services, including but not limited to all softwares, information, data, documentation, analytics, third party data, Member Content, communication, text, graphics, links, electronic art, animations, audios, videos, photos, and other data (“Yahavi Content”) available or accessible on the Website/App/Services is provided by Yahavi or third party providers who are the owners thereof and are the copyrighted works of Yahavi and/or such third parties.

Except as expressly authorized by Yahavi or concerned third parties in these Terms or any updates thereof, the User may not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Yahavi Content for commercial use.

Limited reproduction and copying of the Yahavi Content is permitted provided that Yahavi's name is stated as the source and prior written permission of Yahavi is sought by seeking authorization through Yahavi’s Contact Us page (hyperlink here). The User hereby agrees that he/she shall not make any unauthorized modifications or edits or use of any Yahavi Content, except for such modifications as may be expressly permitted by Yahavi or concerned third parties. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of Yahavi Content for commercial or non-commercial purposes and unwarranted modification of Yahavi Content is not permitted. The User further acknowledges that Yahavi and/or third party providers are the owners of the Yahavi content and the intellectual property rights in such Yahavi Content; and that the User does not acquire any intellectual property rights in such content by limited reproduction and copying rights as permitted in these Terms.

CONDITIONS OF USE
  • The User agrees and undertakes to use the Website/App and the Services only to post and upload messages, content and such Member Content that are proper, do not require censorship of any kind, and are not prohibited under applicable laws. By way of illustration, and not as a limitation, the User agrees and undertakes that while using the Website/App or the Services, the User will not:
    • in any manner, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other person, dead or alive;
    • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, seditious, obscene, indecent or unlawful content, name, material or information by way of words, signs or audible or visible representation;
    • upload, post or submit any material or content that will constitute a criminal offence or result in civil liability under any law in force in India;
    • upload files, documents, or audio/video presentations that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents to upload, publish, perform or use such material commercially;
    • upload, post or distribute files or any other material that contains virus, spyware, malware, bugs, corrupted files, or any other similar software or programs that may in any manner, damage the operation of the Website/ the App or may cause any software or hardware problems on User device or any damage to the accessibility and availing of Services by other Users;
    • post, upload or submit such material that contains surveys, contests, pyramid schemes, chain letters, political campaigning, commercial solicitation, mass mailings or any form of ‘spam’;
    • falsify, alter in any manner or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • violate any applicable laws or bye-laws ;
    • violate, abuse, unethically manipulate, exploit or breach, any of the terms and conditions of these Terms or any other terms and conditions for the use of the Website/App contained elsewhere.
  • Yahavi reserves the absolute right to amend or withdraw the Website, the App and/or the Services, or to impose a sum of money as fee for accessing the Website, the App and/or the Services at any time, for any reason, without any prior notice.
  • Yahavi may promote or provide service qua Social Media through necessary integration. For this purpose, the User may opt to log in to the Social Media by creating an account or signing in on such Social Media. If the User elects to avail the Services via Social Media, the terms of use and privacy policy of that Social Media will be applicable and Yahavi will not be responsible for any kind of transmission or publication of any contents on any Social Media.
  • The Website and/or the App may contain links to other websites (“Linked Site”), or any changes or updates to a Linked Site. The Linked Sites are not under the control of Yahavi and Yahavi is not responsible for the contents of any Linked Sites, including any subsequent link contained on such Linked Site or any updates. Yahavi is providing the Linked Sites to the User only as a convenience, and the inclusion of any link does not imply endorsement by Yahavi of such Linked Site or any association with its operators or owners including the legal heirs or assignees thereof. Yahavi is not responsible for any transmission, whatsoever, received by the User from any Linked Site. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
  • Yahavi reserves the right and the User allows Yahavi to make bona fide and legal use of any and/or all information and data provided by the User, Member Content, generated data such as activity like log, browsing and download history, and other information/data, audio, video hosted and provided on the Website/App or during the course of Services, without any prior permission of the User.
  • Yahavi may, at its sole discretion, send updates, messages, advertisements, notifications, etc. which may be via e-mail, messages, push-message notifications, SMS, tec. The User unambiguously consents to receiving such updates and messages by consenting to use the Website/App/Services.
  • The User acknowledges that its terms of agreement with his/her respective mobile network provider shall apply while accessing the Website, the App or the Services. As a result of this, the User may be charged by the concerned mobile network provider for using the mobile network connection, and the User agrees to pay such charges, as applicable, when the User accesses the website, the App or the Services, either manually or automatically.
  • Yahavi is an intermediary platform that allows Fans to engage and interact with Artists. Accordingly, Yahavi cannot filter or censor any Member Content posted by Fans on the Website/App, and shall not be held liable in any manner whatsoever for any such Member Content.
DEMAND EVENT

Whenever any Artist is hired for any event hosted by Demand at a given venue (“Event”), the Demand agrees that it shall have the sole responsibility to (i) arrange for and provide facilities essential and integral for the Event; (ii) ensure that Demand’s customers, visitors, and its staff/employees do not disrupt the Artist’s performance in any manner or damage any Artist or Yahavi property; (iii) manage its customers and visitors in accordance with best industry practices; (iv) process the payment for the Event due to the Artist, and (v) pay all applicable taxes including but not limited to entertainment tax, service tax, customs & excise duty, VAT or any other tax under applicable laws.

The Artist performing at such Event agrees that it shall (i) not consume alcohol, intoxicants, any kind of narcotics or substance abuse in any form and in any manner before or during the Event; (ii) not behave and act in a manner whereby it defames the Demand, its customers and visitors, or Yahavi; (iii) ensure that the music, song, tunes, act, script, lyrics, video, audio or other performance and its content performed at the Event (“Artists Performance”) are not sexist, obscene, racist, discriminatory, demeaning, derogatory or prejudicial to any person, gender, or community, directly or indirectly; (iv) not conduct itself in a manner which disrupts, disturbs, causes chaos and nuisance affecting the functioning of the Demand; and (v) not engage in any obscene, sexual, indecent or otherwise improper conduct. All performer’s right in the Artists Performance pursuant to The Copyright Act, 1957 shall solely and absolutely vest with the Artist.

USER WARRANTY

The User guarantees and certifies that all User specific information provided by the User while browsing or accessing the Website, the App or availing the Services, is true and accurate. The Member guarantees and certifies, without any qualification, that he/she is the owner of the Member Content submitted, posted or uploaded by him or otherwise is authorized to the use of the Member Content and that the Member Content does not infringe upon the property rights, intellectual property rights or other rights of any other person, dead or alive. Further, the Member warrants that to his knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by him in connection with the Services rendered by Yahavi.

The Demand specifically warrants that negotiations with Artists will be conducted in good faith, and ensure that timely payments are done to Artists as per terms of the independent contract between Demand and Artist. The Demand also warrants that it will not mock or defame and Artist or Yahavi at any point in time.

DISCLAIMER AND LIMITATION OF LIABILITY

Yahavi has endeavored to ensure that all the information, data, audio, video, and Yahavi Content on the Website/App is authorized and correct, but Yahavi neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product, Yahavi Content or Services.

In no event shall Yahavi be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Website, the App, the Services or Yahavi Content; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by any User, including audio-visual content infringing any third party’s intellectual property rights ; (d) any comment or expression of opinion posted by the Members who are Fans; (e) any other matter relating to the Services that is likely to be in contravention to any law in force in India or breaches any of the Terms ; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, the App, Yahavi Content or Service.

Yahavi shall not be responsible for the delay or inability to use the Website, the App or the Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website/App, or otherwise arising out of the use of the Website/App, whether based on contract, tort, negligence, strict liability or otherwise.

Further, Yahavi shall not be held responsible for non-availability of the Website/App during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any reason beyond Yahavi's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website/App is done entirely at his own discretion and risk and they will be solely responsible for any damage to their devices and systems or loss of data that results from the download of such material and/or data.

INDEMNIFICATION

The User agrees to indemnify and hold Yahavi and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by Yahavi that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms, User’s violation of any law, or violation of the rights of a third party, including the infringement by the User of any intellectual property or other right of any person or entity. These obligations will survive any termination of these Terms.

With respect to all Events hosted by the Demand where Artist(s) are engaged through Yahavi’s Website/App or any other platform, the Demand and/or the Artist agree to indemnify and hold Yahavi and its parent, subsidiaries, affiliates, officers, directors, agents, and employees, if applicable, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by Yahavi that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Demand and/or the Artist pursuant to these Terms, violation of any applicable law, violation of any third party’s right, including the infringement of any intellectual property right or other right of any person or entity by the Demand and the Artist, as the case may be.

TERMINATION

Yahavi reserves the right to suspend or terminate User’s access and use of the Website/App or any Service if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. If Yahavi terminates access to the Website, the App or any Service, Yahavi may, at its sole discretion, delete any Material Content or other User related data, information and materials and Yahavi will have no liability to the User or any third party for doing so. The User shall be liable to pay for any Service that he/she may have already ordered till the time of termination by either party whatsoever. Further, the User shall be entitled to User’s royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

GOVERNING LAW

The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by Yahavi and the User. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration & Conciliation Act, 1996. All arbitration costs shall be equally borne by the User and Yahavi. The seat of arbitration shall be New Delhi and all proceedings shall be conducted in English.

SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall be rendered only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

DATA PROTECTION

Any personal information of the User supplied to Yahavi when accepting these Terms and registering with the Website, the Application or availing the Services shall be used by Yahavi in accordance with Yahavi’s Privacy Policy (hyperlink here).

REPORT ABUSE

As per these Terms, the User is solely responsible for every material or content uploaded on to the Website/App. The User can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to customercare@yahavi.com.

CONTACT US

If you have any questions about these Terms, please contact us at customercare@yahavi.com

NOTICE OF GRIEVANCE

Attn: Yahavi.com

Address: Collective Artists Private Limited, 212 Surya Kiran Building, 19 KG Marg, New Delhi 110001