TERMS & CONDITIONS - Entertainers Worldwide Ltd
We (Entertainers Worldwide Ltd or 'EW') provide the entertainersworldwide.com and other suffixes i.e. .co.uk (‘the Website'). We are a Ltd company registered in England and Wales (registration number 08387733) and our registered office is:
UK Registered Office Address:
Entertainers Worldwide Ltd, Kemp House, 152 - 160 City Road, London, EC1V 2NX
USA Head Office Address:
Entertainers Worldwide Ltd, 5101 Santa Monica Blvd, Ste 8, PMB 464, Los Angeles, CA 90029
USING OUR WEBSITE
By using our site, you confirm that you accept these terms & conditions and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
OUR WEBSITE SERVICES
Our website provides all of our services in detail. To summarise, we provide the following services:
We provide a free directory search to find and view profiles of entertainers (e.g. Musicians, Comedians, Clowns, Singers etc.) and services for events (e.g. Florists, Marquee hire, Wedding planners etc). By clicking ‘Create Your Profile', these entertainers & event services have personally created these profiles, and ‘listed' them online paying an agreed premium. This in turn makes them our members, however they can be contacted directly to discuss booking/hiring of their services, with no involvement from us or commissions charged.
Auditions & Gigs
We also provide a service allowing bookers and agencies to create a free account and add auditions/gigs to our website. Only our members may apply.
We also provide a service for companies providing services/goods specifically FOR entertainers (e.g. PA equipment, vocal coaches, costumes etc) to create an account and advertise these services to our members who are entertainers.
For more information on creating accounts, view our ‘Types of Accounts' section below.
Our two main types of membership include Members that are ‘Entertainers' and Members who offer ‘Event Services'. Throughout these terms we make referral to both of these types as our ‘Members'.
YOUR AGREEMENT WITH US
You agree that you are 18 years or older and that you accept that an agreement is formed when we accept your offer to become a member.
YOUR USE OF THIS WEBSITE SEARCHING FOR CONTENT
Whether you are looking for an entertainer or promoting goods or services you use the website at your own risk and we always advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any individual, or third party organisations you search against. We also recommend that you check the qualifications of people, companies and organisations offering the goods or services.
WE ARE NOT AN AGENCY AND CANNOT GIVE ANY GUARANTEES OR PROMISES AS TO THE GOODS AND SERVICES ON OFFER. WE ARE THEREFORE NOT LIABLE FOR ANY OF THE GOODS OR SERVICES ADVERTISED ON OUR WEBSITE. FOR MEMBERS WHO ARE ENTERTAINERS SEARCHING FOR AUDITIONS/GIGS THROUGH OUR WEBSITE, WE REFER YOU TO OUR SAFETY TIPS. THEY ARE TO BE USED AS A GUIDE ONLY AND NOT BY WAY OF ANY LEGAL PROMISE OR WARRANTY. YOU MUST THEREFORE ATTEND ALL AUDITIONS/GIGS AT YOUR OWN RISK. WE WILL NOT BE HELD LIABLE FOR ANY OUTCOME WHATSOEVER RESULTING FROM ATTENDING AN AUDITION/GIG FOUND ON OUR WEBSITE.
THIRD PARTY LINKS
The website contains hyperlinks to websites run by companies other than us. We do not control, and are not responsible for any other websites made available from or through the website. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites.
MEMBERSHIP AND JOINING OUR WEBSITE
Designing a profile in all of our accounts is free of charge. If you wish to upload your profile (referred to as ‘listing/activating your profile') then a subscription based payment must be set up upon checkout (excluding Bookers & Agents accounts which are free of charge). After opening a free account, if you wish to apply for auditions & gigs and/or wish to contact other members you must also have listed at least one profile.
We do occasionally offer free trials via promotional emails/adverts. The provided code must be entered in the space provided when ‘listing' the profile to receive the trial. Any profiles listed by mistake without entering the code cannot be changed to receive the free trial. At the end of the free trial period, unless cancelled by unsubscribing you agree that PayPal will immediately begin to charge recurring payments relative to the free trial period received. For example if a 1 month free trial code was entered, at the end of the trial period our ‘Monthly' recurring subscription cost will occur.
All payments are 'recurring' i.e. automatic renewal. If however you choose to cancel any of your subscription(s), your account will still remain accessible for future use.
No refund will be given for any remaining subscription that had been paid.
If you wish to cancel your subscription with us, you must do so before its renewal date. Once your subscription has automatically recurred, no refund can be given. If you do not wish for your subscription to automatically recur, please contact us and we will set this up for you.
Refunds will only be considered if an error has occurred on our part. If you believe this has happened, please submit your case - submit a ticket.
The above applies to all of our account types and tariffs and you shall not be billed again after you have unsubscribed.
TYPES OF ACCOUNT
Our website FAQs sets out all the information you may need to know.
Bookers & Agents Account - if you are a booking agent and wish to open an account to add auditions/gigs please click here
STATUS OF ACCOUNT HOLDERS
Our relationship with you is one of Artist/Event Service/Booker/Agent/Advertiser. You will be an independent contractor and nothing in this agreement shall render you our employee, worker, agent or partner and you shall never hold yourself out as such.
This agreement constitutes an agreement for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify us for and in respect of any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law. You shall further indemnify us against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim.
FEES AND PAYMENT
For all information concerning fees please refer to the relevant section on our website or help section.
Membership subscription fees are recurring unless cancelled and shall be paid either monthly, 6 monthly or annually via PayPal. If you wish to change your current payment plan, simply unsubscribe from your current membership when it is due to expire, then re-list your profile(s) with your new chosen payment plan.
We are the owners of all intellectual property rights including but not limited to our brand name, all the databases contained within the website, all graphics, designs, software, articles and blogs save for those which are expressly given under licence.
CHANGE OF TERMS
We may change these conditions at any time including changing our fees without giving you notice (Note: if you have already signed up however, your payment amount will always remain the same as when you first signed up, even if we have since increased the fees). Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions. Where applicable if there is a mistake concerning payment which is a software error neither party shall be liable.
We may limit your access to some parts of the website depending on the type of account you have with us. You are solely responsible for securing your password with us. You must not inform other people about your log in, password or any other piece of information that is part of our security procedures. You are responsible for the content of any material provided using your log in details and password. You must notify us immediately if your log in details and/or password are used without your permission. We have the right to disable any account if, in our absolute discretion, you have failed to comply with these conditions, including if your display name is inappropriate in any way. For any website queries please submit a support ticket.
WEBSITE USE AND ADVERTISING POLICY
You cannot use this website for any purpose which is unlawful or our solicitors inform us is unlawful; you cannot post anything which seeks to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion or on the advice of our solicitors) offensive or is unacceptable. You cannot tamper with, update or change any part of the website and in particular in a way that affects how it is run; in a way that imposes an unreasonable or disproportionably large burden on our communications and technical systems as determined by us; or using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
DATA YOU PROVIDE TO US
We do not screen or pre edit material uploaded to us. When you provide any material to the website (for example, by posting details of your act, posting a review or uploading a video), by doing so you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want on any website or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites. You will always own this material. Please note that you will always be able to remove the material so be careful as to what you upload as it will be publically available. It is important to be aware that you PROMISE that the material and content that you have uploaded is your own original work, you have authority to upload it and that it is not defamatory (i.e. likely to damage someone's good reputation), is threatening or obscene or likely to cause offence. We reserve the right to withdraw the content as and when we are advised that your content is a breach of these terms, or simply as we see fit. Above all the content must be professional and in the spirit of this website.
To the fullest extent permitted by law, we cannot give you any guarantees that: there will be no problems with how you use the website; or that the computer or server you use to log on to the website is free of viruses or other harmful programmes. We shall not be liable to you for any legal complaints or legal issues you may have against any of the membership services.
OUR LIABILITTY TO ALL USERS OF THE WEBSITE
Under no circumstances will WE be liable for any loss of profits, business or business opportunities savings you expect to make, goodwill, use of corrupted information; or other information. To the fullest extent permissible by law we are not liable to you for any other losses whether they are because we have not kept to our obligations, because of something we have not done, due to defamatory statements or liability for a product or otherwise as a result of: using or relying on the website; not being able to use the website; any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control; theft, destruction of information or someone getting access to our records, programs or services without our permission; goods, products, services or information received through or advertised on the website or any links provided by the website; or any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the website.
We shall terminate your account with us if you fail to perform any of the obligations required of it under these terms and conditions. Additionally, we reserve the right to refuse or terminate any account without explanation. You may terminate your account with us as follows: in the ‘Manage my Subscriptions' section of your account, you may cancel any of your subscriptions at any time by clicking the ‘Unsubscribe' button. You will be redirected to your PayPal account, where you can manually unsubscribe from any of your subscriptions. If cancelling all of your subscriptions, your account will still remain accessible for future use. If however you require your account to be fully removed, you must first unsubscribe from all of your subscriptions and then submit a ticket requesting removal. Your account will then be terminated immediately and no refund will be given for any remaining subscription that had been paid. You shall not be billed again after you have unsubscribed.
These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.
JURISDICTION AND CHOICE OF LAW
The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country you live in.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
Our site is made available free of charge.
OUR SITE MAY BE SUSPENDED OR WITHDRAWN
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us - submit a support ticket.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us - submit a support ticket.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
HOW WE MAY USE YOUR PERSONAL INFORMATION
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us the right to use that content so that we can provide you with our goods and/ or services.
We are not responsible for viruses and you must not introduce them.
WE DO NOT GUARANTEE THAT OUR SITE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy content on our site other than that set out above, please contact us - submit a support ticket.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
IF YOU WERE PROMPTED TO AGREE TO THESE TERMS AND CONDITIONS BY TICKING A BOX, SIMPLY CLOSE THIS PAGE TO RETURN TO THE PREVIOUS SCREEN. BY TICKING THE BOX YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND AND AGREE TO THEM.