DISTANCE CONTRACT – OFFER OF PROVISION OF SERVICE
This Contract is entered into by and between the Association Artist Gives, reg. No. 50008296831, legal address: Uliha Street 130-26, Liepāja, Latvia, and the Benefactor gaining access to the Contractor's homepage, which allows to watch concerts and other performances of the Artists offered by the Contractor in live broadcast (online) or in a record.
1. GENERAL CONDITIONS
1.1. Upon payment for access to the Service, as set out below, you, the Benefactor, agree to all terms of provision of the service under this Contract.
1.2. The Association Artist Gives reserves the right to change, supplement or delete the terms of this Agreement at any time with or without notice to the Benefactor (depending on the significance of the changes). The current version of the Contract is published on the Contractor’s homepage https://artist.gives. Further use of the Service after the publication of the new version of the Contract is recognized in such a way that the Benefactor accepts all the conditions of the new version of the Contract.
1.3. The obligations of the Contractor are limited by this Contract. The Contractor’s duties do not include the provision of Internet services to the Benefactor. The Benefactor obtains access to the Internet at his own expense and resource.
2. CONCEPTS AND DEFINITIONS
2.1. CONTRACTOR – the Association Artist Gives.
2.2. УSERVICE – concerts and other events of the Artists in live broadcast (online) or in a record offered by the Contractor against a fee, part of which shall be used for charity purposes and transferred to charity funds selected by the Association.
2.3. ARTIST – a music performer or other artist with whom the Association has concluded an agreement on broadcasting a concert or other event on its Homepage.
2.4. BENEFACTOR – a natural or legal person who agrees to the terms of this Contract in accordance with Article 1 of this Contract.
2.5. HOMEPAGE – Contractor's website on the Internet https://artist.gives
2.6. PERSONAL DATA – any information relating to an identified or identifiable natural person.
3.1. The Contractor shall provide the Benefactor with access to an account on the Homepage, where the Benefactor can watch the Artist's concert / event after payment for the Service
3.2. The Benefactor shall assume full responsibility for actions and / or inaction that has led to disclosure, loss, theft, etc. of the credentials of the account on the Homepage and other information that personalizes the Benefactor, as well as for any actions and / or inaction of third parties who use the Benefactor's credentials. The Contractor shall not be responsible for the aforementioned actions of the Benefactor and / or third parties who use the Benefactor's credentials.
3.3. The Contractor may suspend the provision of the Service for the time necessary for any scheduled preventive work to prevent equipment damage by notifying the Benefactors on the Contractor’s homepage.
3.4. The provision of the Service in accordance with this Contract to Benefactors – natural persons shall be confirmed by the fact that the Benefactor has been given the opportunity to watch the broadcast on the credentials of the Benefactor, and within 3 days after the day of the corresponding broadcast, no written claims have been received from the Benefactor.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes the following:
a) ensure the provision of the Services to the extent corresponding to the amount paid by the Benefactor of the Service in accordance with the terms of this Agreement;
b) keep records of payments made by Benefactors for provision of the Service;
c) maintain the confidentiality of the credentials of the Benefactors. The Contractor shall have access to the information of the Benefactors for the technical support of the provision of the Service, as well as access to such information in case of claims of third parties. The Contractor shall have the right to transfer the above data only to the competent state authorities in cases provided for by the legislation of the Republic of Latvia
4.2. The Benefactor undertakes the following:
a) receive services and comply with the terms of this Contract;
b) not to perform any actions that may cause harm to the Contractor;
c) pay for the services provided by the Contractor in full, in accordance with the terms of this Contract;
d) maintain the confidentiality of their credentials and take measures to protect them from loss, theft, damage, etc., as well as be fully responsible for ensuring that their username or password are not known to third parties.
4.3. The Contractor shall have the following rights
a) amend and supplement the terms of this Contract by posting these changes and additions on the Contractor's website;
b) make changes and additions to the terms of this Contract by posting these changes and additions on the Contractor's homepage. The new cost (tariffs) of services shall not apply to any services already paid by the Benefactor;
c) cancel any purchase if there is a suspicion that the transaction may be fraudulent, suspicion of using the Internet bank, payment card and / or other person’s payment card data, which makes the purchase of services illegal. A person guilty of such a criminal act may be prosecuted in accordance with the Criminal Law of the Republic of Latvia.
5. FEE FOR THE SERVICE AND PROCEDURE OF PAYMENT
5.1. The fee for the Services shall be established on the basis of the rates established by the Contractor and posted on the Homepage to describe each specific Service (broadcast).
5.2. The fee for the Services shall be paid on a prepayment basis. The Contractor undertakes to transfer 90% (ninety percent) of the fee for the Services to a charitable foundation or an Artist selected by the Contractor in accordance with the terms of the relevant contract with the Artist, and the Contractor (the Association Artist Gives) reserves the right to reserve up to 10% (ten percent) of the fee for the Services for covering administrative expenses and providing activities.
5.3. The date of payment shall be the date when the amount is credited to the current account of the Contractor.
6. LIABILITY OF THE PARTIES
6.1. With regard to issues not regulated by this Contract, as well as when resolving disputes during the performance of this Contract, the Parties shall be governed by the laws of the Republic of Latvia.
6.2. The Benefactor shall be responsible for any of his actions and / or inaction, whether intentional or unintentional, as well as for any other person using his credentials associated with the posting and / or publication of information on the Internet, its receipt by third parties using the resources of the Contractor, actions and / or inaction that caused and / or can cause any violation of the legislation of the Republic of Latvia, as well as for any harm caused to the Contractor by the above actions and / or inaction. The Contractor shall not be responsible for such actions and / or inaction of the Benefactor or any person using his credentials, as well as for the consequences of such actions and / or inaction.
6.3. The Contractor shall not be liable for damage incurred by the Benefactor and / or third parties in connection with the disclosure, loss or theft of the Benefactor's credentials.
6.4. The Benefactor shall be liable for any of his illegal actions and / or inaction and / or illegal actions and / or inaction of persons using his credentials that cause any damage to the Contractor, and shall be obliged to compensate the Contractor for all damage caused.
6.5. The Contractor shall not be responsible for interruptions in the Internet connection, the quality of communication lines not related to the Contractor’s resources, and their availability for the Benefactor, and shall not be responsible for the quality of the Service if such failures are related to the Internet connection.
6.6. The Contractor shall be liable to the Benefactor within the limits of the services paid but not provided. The Contractor shall not be financially liable to the Benefactor and shall not return to the Benefactor the money paid under this Contract if the services are not provided through the fault of the Benefactor.
6.7. The Parties shall be exempted from liability for partial or complete failure to fulfil their obligations under this Contract as a result of natural phenomena, objective external factors and other force majeure circumstances for which the Parties are not responsible and whose negative impact could not be prevented.
7. CANCELLATION OF THE SERVICE
7.1. In accordance with the Cabinet Regulation No. 255 “Regulations Regarding Distance Contracts” Article 22.12 “Exercising the Right of Withdrawal” , the consumer may not exercise the right of withdrawal if the contract has been concluded regarding accommodation services (other than contracts for lease of residential premises), transport of goods, car rental services, catering or services related to leisure activities if the service provider undertakes to provide the service on a specific date or within a specific period of time; therefore, Services purchased by the Benefactor shall not be redeemed, unless otherwise specified by the Artist.
7.2. Exchange or refund of the Service in case of cancellation / rescheduling of the event shall be organized by the Contractor.
7.3. The Contractor shall not be responsible for cancelled events, organization or advertising thereof, or information related to the event, as well as for possible damage or payment of compensation that may occur in case of cancellation / rescheduling of the event.
8. RIGHT TO INTELLECTUAL ACTIVITY RESULTS
8.1. Exclusive and personal non-property rights to the website, any results of intellectual activity posted on the home page shall be the property of the Contractor, the Artist or other person who has concluded an agreement with the Contractor, which allows him to post the results of the intellectual activity of these persons on the website, and are protected by the applicable laws and regulations of the Republic of Latvia.
8.2. For actions and/or inaction of the Benefactor that entails a violation of the Contractor’s rights to the website and its components, liability is provided for in accordance with the legislation of the Republic of Latvia.
8.3. The Benefactor may use all the results of intellectual activity posted on the Homepage solely for personal purposes. The Benefactor shall not be entitled to use the results of intellectual activity for other purposes; in particular, the Benefactor may not copy, download or distribute the Contractor’s broadcasts on the Internet, social networks, etc.
9. PROCEDURE OF SETTLEMENT OF DISPUTES
9.1. All disputes, disagreements and claims that may arise in connection with the performance, termination or invalidity of this Contract shall be resolved by the Parties through negotiations. A Party that has a complaint and / or disagreement shall send a written notice to the other Party by e-mail.
9.2. If the Party having sent the notice has not received a response within 30 (thirty) business days from the date of receipt of the original notice, or if the Parties cannot agree on any claim and / or disagreement, the dispute shall be referred to the court in accordance with the laws of the Republic of Latvia.
10. PROCESSING OF THE BENEFACTOR’S PERSONAL DATA
10.1.The personal data received by the Contractor is only the data that the Benefactor voluntarily provided to the Contractor through the Contractor's home page. Using the website and providing personal data, the Benefactor agrees to its storage, use, processing and transfer to third parties by the Contractor.
10.2. Children and adolescents under the age of 18 cannot provide personal data without the consent of their parents or guardians. Personal information of children is not collected and is not shared with third parties.
10.3. Personal data can be used to fulfil obligations established by laws and regulations of the Republic of Latvia, for example, regarding security issues.
10.4. When processing the personal data of the Benefactor, the Contractor is obliged to take all measures stipulated by the current legislation of the Republic of Latvia to protect them from unauthorized access.
11. FINAL CONDITIONS
11.1. The provisions of this Contract constitute the entire agreement between the Contractor and the Benefactor.
11.2. An Agreement concluded in accordance with the terms of this Contract shall enter into force from the moment of conclusion of the Contract in the manner specified in Article 1 of the Contract, and shall be valid until the Parties fulfil their obligations.