Terms & Conditions
Introduction
Welcome to Professional Artist Network website – www.professionalartistnetwork.com. These terms and conditions (“Terms and Conditions”) apply to the Site, and all its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions. This website is owned and operated by Professional Artist Network. Throughout the site, the terms (“Professional Artist Network”, “us”, “we”, or “our”) offers database models, musicians, actors, and influencers that acts as an intermediary between our clients and talent or modelling agencies. through this website www.professionalarististnetwork.com (the “Service”.)
These Terms of Service (“Terms”) are provided to guide your use of and relationship with our Site, web pages, platforms, applications and services. In these Terms, you may be addressed as “you”, “your” or “User”. The rules that follow are important and form part of the Terms and Conditions of Service (“Terms”). If you don’t agree with these rules or any other portion of the Terms, please do not use the Service.
Professional Artist Network offers this website, including all information regarding our database models, musicians, actors, and influencers that acts as an intermediary between our clients and talent or modelling agencies, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Professional Artist Network a company registered in Netherland and operating within the ambit of the laws of the Netherland and European Union (EU),
Modification Of Terms
We may amend these Terms at any time by posting revised Terms on the Site and/or sending you Notice of the same to the email address associated with your Account, as defined herein. Each revised version will state its effective date, which will be on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
Acceptance of Terms
You understand that by using Services, you are agreeing to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, “you” and “your” will refer and apply to that entity.
Definitions of Terms
“Account” means collectively the personal information, Payment Information and credentials used by users to access Paid content and / or any communications System on the website.
“Content” means any text, graphic, image, audio, video, software, data compilation, and any other form of information capable of being stored in a computer that appears on, or forms part of this website.
“Services” means, means collectively any online facilities, tools, services or information that Professional Artist Network makes available through the website either now or in the future.
“Payment information” means any details required for the purchase service from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes
“System” means any online communications infrastructure that Professional Artist Network makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“Customer” or “users” means any third party that accesses the website and is not employed by Professional Artist Network and acting in the course of their employment.
“Website” means the website that you are currently using (www.professionalartistnetwork.com) and any sub-domains of this site (e.g.professionalartistnetwork.com) unless expressly excluded by their own terms and conditions
“Booking form” means the form, either in hard copy or electronic (i.e., on our website) where Professional Artist Network or the Customer completes with the Customer’s information and details for an order or booking.
“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and PTN, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means a delivered writing by e-mail, courier, or by Express delivery to the other party at their respective address and will be effective upon receipt.
“Prohibited Advertisers” means any company that may be reasonably classified as a “multi-level marketing company” or any company that creates, produces, or distributes adware, malware, spyware, or any other software that may reasonably be classified as a “potentially unwanted program” or “PUA.”
“Privacy Policy” means “Professional Artist Network” policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
“Protected Content” means all non-User Generated Content included as part of the Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained therein.
“Third Party Payment Processor” means any third-party payments application, including but not limited to VISA, Mastercard, Bank direct debit and PayPal and other providers.
“Terms of Service” or (“Terms”) means any and all terms, conditions, obligations, covenants, representations, and warranties contained herein.
Eligibility
This website is offered to users who are 18 years of age or older. By using this website, you represent and warrant you are of legal age and can form a binding contract. If you don’t meet this requirement, you must not access or use the website. Professional Artist Network have the right to disable any username, password or other identifier at any time in our sole discretion, including if, in our opinion, you violate these Terms. Where an identifier is disabled, we are not liable for losses suffered, including but not limited to the loss of any data, purchase history, or otherwise. If there is unauthorized use of the website, you may be liable for any damages or losses suffered by Professional Artist Network
Description of Services
The Company operates a database of models, musicians, actors, and influencers (collectively, “Talent”) and acts as an intermediary between clients and talent/modelling agencies. The Company provides a subscription-based service, where artists/models pay a monthly fee to be members of the network. The Website provides basic information about the Company’s services, but it is not possible to sign up for the services directly through the Website. Prospective clients can complete the contact page on the Website to express interest in the Company’s services and will be contacted by telephone to go through a selection process. If they are invited to become part of the network, they will be signed up to the subscription-based service.
Membership and Fees
Membership to the Company’s network is available only to artists/models who have successfully completed the selection process. Members will be required to pay a monthly fee, which will be automatically charged to their chosen payment method. The Company reserves the right to change the fees at any time, with reasonable notice to the members.
Use of Website and Content
The Website and all content and materials on the Website, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or materials obtained from the Website without the prior written consent of the Company. You may use the Website for lawful purposes only and in compliance with this Agreement.
Third Party Links
Our Services may contain links to third party websites not under our ownership or control. We are not responsible for the content, privacy policies, or practices of any third-party websites and you relieve Professional Artist Network from any and all liability arising from your use of a third-party website. Trademarks and Intellectual Property
Professional Artist Network and all related names, logos, service names, designs and slogans are trademarks of Professional Artist Network or its affiliates or licensors. You may not use these marks without our written permission. All other names, logos, service names, designs and slogans on this website are the trademarks of their respective owners. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, Professional Artist Network and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us.
PROHIBITED ACTIVITIES
The following activities are prohibited on the Professional Artist Network website:
- Using the Professional Artist Network website for any illegal or unauthorized purpose, including but not limited to infringing any intellectual property rights or other rights of any person or entity.
- Posting or transmitting any content that is illegal, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable.
- Posting or transmitting any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software or code.
- Engaging in any activities that would damage, disable, overburden or impair the Professional Artist Network marketplace or its servers or networks.
- Attempting to gain unauthorized access to the Professional Artist Network site or any other accounts, computer systems, or networks connected to the Professional Artist Network marketplace, through hacking, password mining, or any other means.
- Using any robot, spider, scraper, or other automated means to access the Professional Artist Network site for any purpose without our express written permission.
- Using the Professional Artist Network site marketplace to engage in any spamming or other unsolicited communications.
- Using the Professional Artist Network site to engage in any fraudulent or deceptive activities.
- Falsifying or omitting information when registering for an account on the Professional Artist Network site.
We reserve the right to terminate your access to the Professional Artist Network site and/or take legal action if you engage in any of the above-prohibited activities.
Any person found to be in violation of these terms and conditions will be immediately banned from the Professional Artist Network site.
Permissions and Restrictions
You have our permission to use Services as outlined in these Terms provided that:
- You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
- You agree not to use a Service for commercial uses unless you obtain our prior written approval.
- You agree not to use, or launch, an automated system that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. This includes, but isn’t limited to, “robots,” “spiders,” or “offline readers.”
- You agree not to collect or harvest any personally identifiable information from the Service (e.g., account names from comments or email) or to use a Service’s Content or communication systems for solicitation purposes.
- You don’t introduce viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. And you do not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which the website is stored, or any server, computer or database connected to the website.
- You don’t engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services.
Payment: Payment for all service purchased through our Site must be by credit, debit card or PayPal. In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of a Service, any content or data associated with your account, or anything else. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms or amounts due because of your breach of these Terms.
User Submissions
By submitting any information or material through the Website, you grant the Company a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to use, copy, modify, create derivative works based on, distribute, transmit, publicly display, publicly perform, and otherwise exploit in any manner such information and material (including but not limited to your name and likeness) for any purpose whatsoever, without payment or compensation to you. You represent and warrant that you have the right to grant such license and that any material or information submitted by you does not infringe on the rights of any third party.
WARRANTY DISCLAIMER
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROFESSIONAL ARTIST NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. PROFESSIONAL ARTIST NETWORK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. PROFESSIONAL ARTIST NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ITEM LISTED, ANY SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING. PROFESSIONAL ARTIST NETWORK WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES SO PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT WILL PROFESSIONAL ARTIST NETWORK BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INACCURACIES OR MISTAKES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THE FOREGOING LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Professional Artist Network its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “Professional Artist Network”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i.) your use of and access to a Service; (ii). your violation of these Terms; (iii). your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv.) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s).
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Professional Artist Network as a result of these Terms or use of the Services.
Professional Artist Network performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Professional Artist Network right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Professional Artist Network with respect to such use.
Governing Law and Jurisdiction
The Site shall be governed by the laws of the Netherlands, including federal copyright and trademark laws, and the laws of the state of the Netherlands applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the Netherlands and you agree to accept service of process by mail. Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in Stuttgart. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available
Complaints, Feedbacks or Comments
Please contact us at info@professionalartistnetwork.com and we will always use reasonable effort to look any and all issues dispassionately and in timely manner.
