Terms of Use of the Website www.showinair.com

(version 1.3 of 20 October 2017)
Other languages: Italiano

FIELD OF APPLICATION AND DEFINITIONS

These Terms of Use apply to the services offered through the www.showinair.com Website and must be accepted and respected by Users.

The Website is managed by Startistsociety LTD, based in Malta, The Penthouse, Carolina Court, Giuseppe Cali Street, 2 TA 'XBIEX XBX 1425) in the person of the legal representative pro tempore (hereinafter "ShowinAir").

For the purposes of these Terms of Use of Contract, the following are meant:
  1. "User" means any natural and / or legal person who benefits from the Services of the Website, regardless of whether it is an Organizer or Artist;
  2. "Organizer" means the natural and / or legal person who registers on the Website in order to book artistic performances and use the other services of the Platform;
  3. "Website", the Website accessible at www.showinair.com;
  4. "Artist" means the user, either a single professional or a group of professionals, of whom it is possible to acquire the service and the services through the Website;
  5. "Service" means the service provided through the Platform that allows the online purchase of Professionals' services and the use of additional ancillary services when booking;
  6. "Performance", the artistic performance that the Artist performs in favor of the Organizer;
  7. "Offers", the indications, which can be viewed in the artist's profile, about the cost and the type of performance the Artist is available to perform;
  8. "Terms of Use", these general terms of use, including the information on the processing of personal data;
  9. "Agreement", the agreement that is concluded between the Organizer and the Artist through the Website and relates to the conditions (refund, location, special requests, etc.) of the Performance;
  10. "Interested Subjects", the Artist and the Organizer collectively;
  11. "Paypal" service that allows you to send and receive electronic money online. The service is provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxemburg B 118 349);

Use of the Website Services is subject to the viewing and acceptance of these Terms of Use. Except for the search function of the artists present on the Website, to use the services offered by ShowinAir, you must activate an account ("Account") by expressly accepting these Terms of Use by affixing a check mark on the corresponding box acceptance. Always at the time of registration, the User must choose whether to activate an "Artist" or "Organizer" account.

By accepting these Terms of Use, you will be required a further consent, to be expressed by ticking the box, to approve specifically pursuant to art. 1341 and ss. of the Italian Civil Code some clauses of the Terms of Use that may have a significant impact on your rights. In case of disagreement with the content of these provisions, as well as every other clause contained in the Terms of Use, we invite you not to use the services offered by ShowinAir through the Website.

By using our services, you declare that you have read and accept without reservation or limitations the content of our Terms of Use and of our Privacy Policy regarding the processing of your personal data Privacy policy

ShowinAir reserves the right at any time to change the Terms of Use; any change will be communicated to you - through the Platform - with a 30-day notice as of the date on which the new Terms of Use will begin to apply. Connections that are already out of date when the new Terms of Use will enter into force will not be affected by the changes.


1- Account Creation and Use

Activating an Account is not permitted if the User is not majority.

To activate the Account you will be asked to choose credentials to operate within the Website; such credentials are strictly personal and the User is therefore obliged to guard them with utmost care, avoiding disclosure and / or disclosing to third parties.

Showinair's profiles are distinct in:
  1. Organizer

    You must register as an Organizer the physical and / or legal person who registers to the Website in order to book artistic performances.

    If the Organizer intends to create a "VIP" profile, it will be required to provide additional verification information such as, for example, its identity card.

    Following registration of the Organizer, an email containing a link for confirming the registration and activation of certain services, including as an example becoming a member of a group within the Website, will be sent to the registered email for registration.

    Account creation can also be done by accessing third-party social network Websites.

    ShowinAir assumes no responsibility for the processing of data by the Third Party Social Network, in violation of the agreements taken by the latter directly with the Organizer.

    The Organizer is nevertheless liable for abusive use by third parties of its Account when this is done for its not excusable error. For this reason, the Organizer is required to report without delay to ShowinAir any loss, theft or loss of login credentials as well as any other circumstance that could compromise the security of the Account.

    ShowinAir also reserves the right to cancel unsupported or inactive accounts for a long time.

  2. Artist

    He / she must register as Artist, the person who - also on behalf of other parties - intends to make available to the Organizers their services and services.

    If the Artist intends to create a "VIP" profile, he will be required to provide further verification information, such as, for example, his identity card.

    Following registration of the Artist, an email containing a link to confirm the registration and activation of certain services, including as an example becoming a member of a group within the Website, will be sent to the registered email for registration.

    Account creation can also be done by accessing third-party social network websites (including, but not limited to, Facebook and Google).

    Once registered, the Artist will be able to place all the information in the space available to him on the Website and upload his offers.

    ShowinAir assumes no responsibility for the processing of data by the Third Party Social Network, in violation of the agreements taken directly by the Artist.

    The Artist is in any case liable for the abusive use that third parties make of their account when this is done for its not excusable error. For this reason, the Artist is required to report without delay to ShowinAir any loss, theft or loss of login credentials as well as any other circumstance that could compromise the security of the Account.

    ShowinAir also reserves the right to cancel unsupported or inactive accounts for a long time.

    The Artist may, upon payment, purchase an enhanced profile ("Featured Profile").

    The Featured Profile allows the Artist to show one of his Offers on the Website's homepage and to be reported as a "Featured" Artist on his personal page within the Website.


2- Object of the Agreement and Description of the Service

These Terms of Use govern the terms of use of the Service offered by ShowinAir.

It is expressly understood between the Parties that the object of these Terms of Use does not include the services provided by Artists to Organizers; for such services, regulated by specific agreements to which Showinair is entirely strange, only the Artists will answer.

At any time, ShowinAir is free to modify the content and functionality of its services, to replace them with new services or to permanently terminate the delivery without the Organizer having any claim against ShowinAir.

The Website allows you to search and view Professionals and their Offers according to the criteria entered (category, availability, location, etc.) at the time of the search.

The Organizer may request the Artist's Performance by filling out the form in the "Contacts" section of the Artist.

If the Artist does not accept the Request, the Interested Parties will be able to exchange Proposals through the "Messages" section.

If the Artist accepts the Request or any of the Interested Parties accepts the Proposal of the other, ShowinAir will require payment of the Performance.

After the performance, Users can, through the Platform, express feedback on the transaction.

Feedback, if received, will be displayed on the Profile page of the Artist and the Organizer who have made the Transaction.


3- Economic conditions and methods of payment

The use of the Platform and its services is free of charge to the Organizer and is chargeable to the Artist.

By signing these Terms of Use, the Artist undertakes to recognize Showinair a percentage equal to 10% for each performance acquired by Organizaer Users through the Website.

By accepting these Terms of Use, the Artist grants to ShowinAir the legal mandate to collect and the right to deduct a percentage equal to 10% on the amount paid by the Organizer.

The Organizer will acquire the service offered by the Artist by paying the full sum to Startistsociety LTD. Upon receiving payment Startistsociety LTD will have 90 days to pay the fee to the artist.

ShowinAir will invoice to the Artist the fees matured upon reaching the threshold of € 100,00 or on a quarterly basis irrespective of the amount of the consideration matured.

The Artist shall, from now on, agree to send the invoice by e-mail.

The Artist also undertakes to release to the Organizer any documentation and / or tax receipt due under applicable laws applicable to the transaction.


4- Responsibility

The Organizer acknowledges that ShowinAir's activity is limited to providing the Platform for the provision of services that can assist in searching and booking the right artist.

ShowinAir does not assume any obligation with respect to the actual Performer of the Artist who is based on an autonomous agreement between the Users, who act under their sole and exclusive responsibility without any checks or guarantees by ShowinAir; for this reason, no liability can be charged to ShowinAir in the following cases:

  • false and / or wrong information from the Artist;
  • non-truthfulness of information (eg curriculum vitae, biography etc.) contained in Artist's profile;
  • cancellation of the agreed Performance;
  • claims and / or other incidents occurring during the Performance.

In general, ShowinAir will never be considered to be responsible or guarantor of any failure to meet the obligations that Organizers and Artists take to each other through the use of the services made available on the platform.

It is understood that ShowinAir reserves the right to suspend from the Website services all Users who are liable for serious breaches of the Rules of conduct envisaged for enrolment to the Platform and / or serious non-fulfilment of the services rendered to other Users. Showinair also reserves the right to take legal action in the event of breach of these Terms of Use in order to obtain compensation for the damage suffered.

ShowinAir will also make every reasonable effort to ensure that the Website and its services are always accessible. Nevertheless, given the nature of telecommunication network system, ShowinAir is not in a position to issue any guarantee on the uninterrupted availability of the Website and its services.

ShowinAir reserves the right to temporarily suspend access to the Website and its services if it is necessary to perform maintenance or update on its servers to correct any programming mistakes, make repairs, improve or modify the services offered as well as for any other purpose. In such cases, no form of compensation or indemnity will be granted to the User, except for ShowinAir's commitment to timely inform, if possible.

Software services are provided by ShowinAir to Users as "as is" without the release of any warranty by ShowinAir regarding the absence of errors, bugs and / or other malfunctions as well as about the platform's suitability to achieving specific purposes that the User intends to pursue through the use of the same; ShowinAir's liability for any damages suffered by Users for errors in the operation of the Platform is limited to the sole hypothesis of guilty or gross negligence.


5- Duration of the relationship and withdrawal

The relation will start with the activation of the Account and will be considered indefinitely, subject to the discretion of both Parties to withdraw at any time.

The User may terminate this Agreement by deleting the Account according to the specific functionality made available through the Platform.

It is understood that the withdrawal does not release the Users from the obligations assumed among themselves through the Website.


6- Applicable Law and Competent Burial

The Terms of Use and the Agreement between the Parties are subject to Italian law.

Any dispute arising out of the negotiation, application, validity and / or effectiveness of the matter governed by the Terms of Use shall be competent to judge the Forum of Rome exclusively.


7- Intellectual property

All contents made available to Users through the Website, including logos, badges, graphics, interfaces, databases, texts, drawings, music, etc., are the exclusive property of ShowinAir or have been licensed for use by ShowinAir and their extraction and reproduction must be reserved, except in cases where their extraction and reproduction has not been expressly authorized.

It is understood that it is forbidden to perform any act of reproduction, extraction, making available to the public, etc. of ShowinAir Content in competition with ShowinAir's activity.

The User, through the Website, has the ability to upload and share with other Platform’s Users their own photos, video, audio, and texts.

The User is aware that by uploading and sharing the Media will be visible from Platform Users and will therefore not be considered as confidential. ShowinAir will not acquire in any way the ownership of Media uploaded by the Organizer.

The User will grant through free license to ShowinAir all intellectual and industrial property rights necessary to allow the Media to be freely published on the Website for platform purposes.

The User signing up and creating an Account declares and warrants:

  • of being the sole owner of the Uploaded Media and / or having the necessary licenses, rights and releases for media publishing and dissemination, even if third parties are involved;
  • that Media uploaded through the Website does not violate the rights or personal rights of third parties, such as, for example, moral rights, image rights, honour, decoration and / or reputation and / or confidentiality, copyright, personal data protection rights, or pedestrian content that incites hatred of violence or discrimination or in any case conflict with law or public order;
  • that Uploaded Media is in line with the purposes of the Service and does not consist in spreading proselytizing, sending viruses or other files that may constitute a breach and / or threat to the security and integrity of computer systems and devices used to enjoy the services;
  • of being legally entitled to grant to ShowinAir all intellectual and industrial property rights necessary to allow the Media to be freely published on the Website;
  • that there are no rights or claims of third parties which, however, oppose the full and free use by Media ShowinAir as well as personal data and image of all subjects present or represented in such Media.

ShowinAir reserves the right not to make available on the Website the Media uploaded by the Organizer or to remove them, even without notice, if it considers that they violate these Terms of Use.

The User acknowledges that the publication of the Media does not imply any approval or use of its content by ShowinAir nor does it free the Users from liability for uploaded media.

The User is aware and agrees that content or materials uploaded by other Users will be visible through the Platform under their sole responsibility and that they may be considered offensive, indecent or unpleasant, without giving up any legal action or remedy against ShowinAir.

ShowinAir reserves the right to remove, even without notice, any Media in the event that a third party notifies it in ShowinAir, and the violation of its own right and such denunciation does not appear manifestly unfounded.

ShowinAir reserves the right, in appropriate circumstances and at its discretion, to disable and / or close the account or access to Users who repeatedly violate or are repeatedly accused of infringing copyrights or other intellectual property rights of third.


8 - Manleva

You agree to withhold and hold harmless ShowinAir from and against any damaging consequences, including costs, penalties, legal fees, damages, etc., which ShowinAir may suffer as a result of any action or proceeding directed against it by third parties as a result of non-fulfilment of the User's obligations under these Terms of Use or the use of the Service contrary to law.


9- Various

If any provision of these Terms of Use is to be deemed null and void or, more generally, ineffective, such defect will not imply the invalidity, annulment or ineffectiveness of the remaining provisions, which will continue to be fully enforced, with the exception of 'the hypothesis in which the Party invoking the invalidity does not demonstrate that it would not terminate the contract without the provision declared invalid.

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