Last Updated: May 17, 2020
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the LiveKrowd Platform, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and LiveKrowd (as defined below) governing your access to and use of the LiveKrowd website, including any subdomains thereof, and any other websites through which LiveKrowd makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “LiveKrowd Services”). The Site, Application and LiveKrowd Services together are hereinafter collectively referred to as the “LiveKrowd Platform”.
When these Terms mention “LiveKrowd,” “we,” “us,” or “our,” it refers to 1Krowd SAS (“LiveKrowd”), 10 Rue de Penthievre, 75008 Paris, France.
Any and all payment processing services through or in connection with your use of the LiveKrowd Platform (“Payment Services”) are provided to you by one or more LiveKrowd Payments entities (individually and collectively, as appropriate, “LiveKrowd Payments”) as set out in the Payments Terms of Service (“Payments Terms”).
1. Scope of Services
1.1 The LiveKrowd Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Artist” and the services they offer are “Artist Services”) to publish such “Artist Services on the LiveKrowd Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Artist Services (Members using Artist Services are “Clients”).
1.2 As the provider of the LiveKrowd Platform, LiveKrowd does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Artist Services. Artist alone are responsible for their Listings and Artist Services. When Members make or accept a booking, they are entering into a contract directly with each other. LiveKrowd is not and does not become a party to or other participant in any contractual relationship between Members, nor is LiveKrowd an insurer. LiveKrowd is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, LiveKrowd has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Artist Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. LiveKrowd does not endorse any Member, Listing or Artist Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by LiveKrowd about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.
1.4 If you choose to use the LiveKrowd Platform as an Artist (as defined below), your relationship with LiveKrowd is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LiveKrowd for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of LiveKrowd. LiveKrowd does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Artist Services. You acknowledge that you have complete discretion whether to list Artist Services or otherwise engage in other business or employment activities.
1.5 To promote the LiveKrowd Platform and to increase the exposure of Listings to potential Clients, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, LiveKrowd may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. LiveKrowd cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 The LiveKrowd Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. LiveKrowd is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by LiveKrowd of such Third-Party Services.
1.7 LiveKrowd is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the LiveKrowd Platform. LiveKrowd may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the LiveKrowd Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the LiveKrowd Platform.
2. Eligibility, Using the LiveKrowd Platform, Member Verification
2.1 In order to access and use the LiveKrowd Platform or register an LiveKrowd Account you must be an individual at least 16 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.2 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3. Modification of these Terms
LiveKrowd reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the LiveKrowd Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the LiveKrowd Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“LiveKrowd Account”) to access and use certain features of the LiveKrowd Platform, such as publishing or booking a Listing. If you are registering an LiveKrowd Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an LiveKrowd 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”).
4.3 You must provide accurate, current and complete information during the registration process and keep your LiveKrowd Account and public LiveKrowd Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) LiveKrowd Account unless LiveKrowd authorizes you to do so. You may not assign or otherwise transfer your LiveKrowd Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your LiveKrowd Account credentials and may not disclose your credentials to any third party. You must immediately notify LiveKrowd if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LiveKrowd Account. You are liable for any and all activities conducted through your LiveKrowd Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 LiveKrowd may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the LiveKrowd Platform (“Member Content”); and (ii) access and view Member Content and any content that LiveKrowd itself makes available on or through the LiveKrowd Platform, including proprietary LiveKrowd content and any content licensed or authorized for use by or through LiveKrowd from a third party (“LiveKrowd Content” and together with Member Content, “Collective Content”).
5.2 The LiveKrowd Platform, LiveKrowd Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the LiveKrowd Platform and LiveKrowd Content, including all associated intellectual property rights, are the exclusive property of LiveKrowd and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LiveKrowd Platform, LiveKrowd Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LiveKrowd used on or in connection with the LiveKrowd Platform and LiveKrowd Content are trademarks or registered trademarks of LiveKrowd. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the LiveKrowd Platform, LiveKrowd Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LiveKrowd Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LiveKrowd or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, LiveKrowd grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the LiveKrowd Platform and accessible to you, solely for your personal and non-commercial use.
5.6 LiveKrowd may offer Artist the option of having professional photographers or videographers take photographs or videos of their Artist Services, which are made available by the photographer or videographer to Artist to include in their Listings with or without a watermark or tag bearing the words “LiveKrowd.com Verified Photo/Video” or similar wording (“Verified Images/Videos”). You are responsible for ensuring that your Artist Service is accurately represented in the Verified Images/Videos and you will stop using the Verified Images/Videos on or through the LiveKrowd Platform if they no longer accurately represent your Listing, if you stop providing the Artist Service featured, or if your LiveKrowd Account is terminated or suspended for any reason. You acknowledge that you hold no ownership right whatsoever in the intellectual property related to any Verified Images/Videos. You acknowledge and agree that LiveKrowd shall have the right to use any Verified Images/Videos in accordance with Section 5.5 including to provide and promote the Platform. LiveKrowd in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images/Videos outside of the LiveKrowd Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the LiveKrowd Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the LiveKrowd Platform or you have all rights, licenses, consents and releases that are necessary to grant to LiveKrowd the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or LiveKrowd’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates LiveKrowd’s Content Policy or any other LiveKrowd policy. LiveKrowd may remove or disable access to any Member Content that is in violation of applicable law, these Terms or LiveKrowd’s then-current Policies or Standards, or otherwise may be harmful or objectionable to LiveKrowd, its Members, third parties, or property. Where LiveKrowd removes or disables Member Content, LiveKrowd will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
5.9 LiveKrowd respects copyright law and expects its Members to do the same. If you believe that any content on the LiveKrowd Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 LiveKrowd may charge fees to Artist (“Artist Fees”) and/or Clients (“Client Fees”) (collectively, “Service Fees”) in consideration for the use of the LiveKrowd Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an Artist or Client prior to publishing or booking a Listing. LiveKrowd reserves the right to change the Service Fees at any time without prior notice. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to LiveKrowd. The applicable Service Fees (including any applicable Taxes) are collected by LiveKrowd Payments. LiveKrowd Payments will deduct any Artist Fees from the Listing Fee before remitting the payout to the Artist. Any Client Fees are included in the Total Fees collected by LiveKrowd Payments. Except as otherwise provided on the LiveKrowd Platform, Service Fees are non-refundable.
7. Terms specific for Artist
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the LiveKrowd Platform you must (i) provide complete and accurate information about your Artist Service (such as listing description), (ii) disclose any restrictions and requirements that apply and (iii) provide any other pertinent information requested by LiveKrowd. You are responsible for keeping your Listing information up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges) for your Listing (“Listing Fee”). Once a Client requests a booking of your Listing, you may not request that the Client pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Artist Services. LiveKrowd reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the LiveKrowd Platform may vary and depend on a variety of factors, such as Client search parameters and preferences, Artist requirements, price, Reviews and Ratings, type of Artist Service.
7.1.6 When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Artist Service(s) to the Client as described in your Listing when the booking request is made. You also agree to pay the applicable Artist Fee and any applicable Taxes.
7.2 Listing Artist Services
7.2.1 Unless expressly allowed by LiveKrowd, you may not list more than one similar Artist Services.
7.2.2 Any Listing you post and the booking of the Artist Services shall (i) not breach any agreements or laws in your country.
8. Terms specific for Clients
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by LiveKrowd and/or the Artist, you can book a Listing available on the LiveKrowd Platform by following the respective booking process. All applicable fees, including the Listing Fee, Client Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your LiveKrowd Account.
8.1.2 Upon receipt of a booking confirmation from LiveKrowd, a legally binding agreement is formed between you and your Artist, subject to any additional terms and conditions of the Artist that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. LiveKrowd Payments will collect the Total Fees at the time of the booking request or upon the Artist’s confirmation pursuant to the Payments Terms. For certain bookings, Clients may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book an Artist Service on behalf of additional Clients, you are required to ensure that every additional Client meets any requirements set by the Artist, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Artist. If you are booking for an additional Client who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Artist Service if accompanied by an adult who is responsible for them.
9. Booking Modifications, Cancellations and Refunds
9.1 Artist and Clients are responsible for any modifications to a booking that they make via the LiveKrowd Platform or direct LiveKrowd customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Artist Fees or Client Fees and/or Taxes associated with such Booking Modifications.
9.2 Clients can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Artist, and LiveKrowd Payments will refund the amount of the Total Fees due to the Client in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Artist under the applicable cancellation policy will be remitted to the Artist by LiveKrowd Payments pursuant to the Payments Terms.
9.3 If an Artist cancels a confirmed booking, the Client will receive a full refund of the Total Fees for such booking. In some instances, LiveKrowd may allow the Client to apply the refund to a new booking, in which case LiveKrowd Payments will credit the amount against the Client’s subsequent booking at the Client’s direction. Further, LiveKrowd may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Artist has a valid reason for cancelling the booking or has legitimate concerns about the Client’s behavior.
9.4 In certain circumstances, LiveKrowd may cancel a pending or confirmed booking on behalf of an Artist or Client and initiate corresponding refunds and payouts. Where LiveKrowd cancels a booking, LiveKrowd will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.
9.5 If a Client or LiveKrowd cancels a confirmed booking, and the Client receives a refund in accordance with the applicable cancellation policy set by the Artist and mentioned in the Listing, after the Artist has already been paid, LiveKrowd Payments will be entitled to recover the amount of any such refund from the Artist, including by subtracting such refund amount out from any future Payouts due to the Artist.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Clients and Artist can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of LiveKrowd. Ratings and Reviews are not verified by LiveKrowd for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Clients and Artist must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the LiveKrowd Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Disputes between Members
Members agree to cooperate with and assist LiveKrowd in good faith, and to provide LiveKrowd with such information and take such actions as may be reasonably requested by LiveKrowd, in connection with any complaints or claims made by Members. A Member shall, upon LiveKrowd’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by LiveKrowd or a third party selected by LiveKrowd or its insurer, with respect to losses for which a Member is requesting payment from LiveKrowd.
12. Rounding off
LiveKrowd generally supports payment amounts that are payable from or to Clients or Artist to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where LiveKrowd’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, LiveKrowd may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Clients or Artist to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, LiveKrowd may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As an Artist you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes or income taxes (“Taxes”).
13.2 Tax regulations may require us to collect appropriate Tax information from Artist, or to withhold Taxes from payouts to Artist, or both. If an Artist fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation is located may require Taxes to be collected from Clients or Artist on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Artist, a set amount per hour, or other variations (“Service Taxes”).
13.4 Clients and Artist agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Service Taxes collected is a refund of Service Taxes collected by LiveKrowd from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.5 LiveKrowd reserves the right, with prior notice to Artist, to cease the Collection and Remittance in any jurisdiction for any reason at which point Artist and Clients are once again solely responsible and liable for the collection and/or remittance of any and all Service Taxes that may apply to Artist Service in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LiveKrowd Platform. In connection with your use of the LiveKrowd Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the LiveKrowd Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LiveKrowd endorsement, partnership or otherwise misleads others as to your affiliation with LiveKrowd;
- use the LiveKrowd Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as an Artist, any Artist Service that you do not have permission to make available;
- unless LiveKrowd explicitly permits otherwise, book any Listing if you will not actually be using the Artist Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the LiveKrowd Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the LiveKrowd Platform to request, make or accept a booking independent of the LiveKrowd Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the LiveKrowd Platform or LiveKrowd Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold LiveKrowd harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings;
- use, display, mirror or frame the LiveKrowd Platform or Collective Content, or any individual element within the LiveKrowd Platform, LiveKrowd’s name, any LiveKrowd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the LiveKrowd Platform, without LiveKrowd’s express written consent;
- dilute, tarnish or otherwise harm the LiveKrowd brand in any way, including through unauthorized use of Collective Content, registering and/or using LiveKrowd or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LiveKrowd domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LiveKrowd Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LiveKrowd or any of LiveKrowd’s providers or any other third party to protect the LiveKrowd Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LiveKrowd Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LiveKrowd Platform;
export, re-export, import, or transfer the Application, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that LiveKrowd has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the LiveKrowd Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist LiveKrowd in good faith, and to provide LiveKrowd with such information and take such actions as may be reasonably requested by LiveKrowd with respect to any investigation undertaken by LiveKrowd or a representative of LiveKrowd regarding the use or abuse of the LiveKrowd Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to LiveKrowd by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective until such time when you or LiveKrowd terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your LiveKrowd Account as an Artist, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your LiveKrowd Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, LiveKrowd may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 LiveKrowd may immediately, without notice, terminate this Agreement and/or stop providing access to the LiveKrowd Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of LiveKrowd, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, LiveKrowd may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the LiveKrowd Account registration, Listing process or thereafter, (iv) you and/or your Listings or Artist Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or LiveKrowd otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of LiveKrowd, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
- limit your access to or use of the LiveKrowd Platform;
- temporarily or permanently revoke any special status associated with your LiveKrowd Account;
- temporarily or in case of severe or repeated offenses permanently suspend your LiveKrowd Account and stop providing access to the LiveKrowd Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LiveKrowd and an opportunity to resolve the issue to LiveKrowd’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your LiveKrowd Account or any of your Member Content. If your access to or use of the LiveKrowd Platform has been limited or your LiveKrowd Account has been suspended or this Agreement has been terminated by us, you may not register a new LiveKrowd Account or access and use the LiveKrowd Platform through an LiveKrowd Account of another Member.
We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of business opportunity, goodwill or reputation;
- loss of use or corruption of software, data or information;
- use of or inability to use LiveKrowd Platform; and
- any indirect or consequential loss.
Our total liability to you arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to total Service Fees paid to us by you under the Terms.
To the maximum extent permitted by applicable law, you agree to release, defend (at LiveKrowd’s option), indemnify, and hold LiveKrowd and its affiliates and subsidiaries, including but not limited to, LiveKrowd Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the LiveKrowd Platform or any LiveKrowd Services, (iii) your interaction with any Member, participation in Artist Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
18. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with French law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of French law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of LiveKrowd’s place of business in Ireland. If LiveKrowd wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the French courts.
19. General Provisions
19.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LiveKrowd and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LiveKrowd and you in relation to the access to and use of the LiveKrowd Platform.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and LiveKrowd as a result of this Agreement or your use of the LiveKrowd Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.5 LiveKrowd’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LiveKrowd’s prior written consent. LiveKrowd may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by LiveKrowd via email.
19.8 If you have any questions about these Terms please email us.