Terms and Conditions for Artists, Entertainers, Creative Media and Event Service Providers
Last modified: Effective February 2017
This Technology Services Agreement (“Agreement”) constitutes a legal agreement between Artists, Entertainers,
Creative Media, Event Services and Technology (“Buddy”) and Vireef Digital, Inc. (“Vireef” or “The Company”).
Vireef Digital Inc. is an innovative, dynamic and fast-paced technology company working towards delivering a trusted
online booking platform in the Philippines, creating a seamless experience, and providing the holistic approach to help
anyone to search, connect, and book artists, entertainers and event industry professionals easily and securely.
Vireef is a dedicated online booking platform that serves as an aggregate of resources of artists’ portfolios, social networks,
ratings and reviews, which empowers clients to make informed and qualified decisions when booking for any of their event needs.
Similarly, it's a hassle-free way for event industry professionals to showcase their service portfolios, be discovered and
get connected to a wider audience and potential clients all over the Philippines.
Vireef is not responsible or liable for the acts and/or omissions of any services you provided to your clients and for any illegal
action you committed. You shall, at all time, not claim that you are the agent or employee of Vireef. The services provided by you as
Buddy is not, in anyway, be deemed as services of the Company.
The information contained in this document is confidential, privileged and only for the information of the intended recipient,
and may not be used, published or redistributed without the prior written consent of Vireef. Any disclosure in violation of this
section shall be deemed a material breach of this Agreement.
ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THIS AGREEMENT GOVERNS
YOUR RELATIONSHIP WITH THE COMPANY, AND USE OF THE SERVICES, AS DEFINED BELOW, PROVIDED TO YOU BY VIREEF. YOU ARE HEREBY ASKED TO ACCEPT
THESE TERMS OF SERVICE AND MAY USE THE SERVICES AVAILABLE ONLY ON CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.
BY USING THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THE TERMS AND CONDITIONS.
In order to use Vireef Services, you must agree to the terms and conditions set forth within:
“Vireef Data” means all data related to the access and use of the Vireef Services hereunder,
including all data related to User Information, and the provision of acts and services by Buddy
through Vireef Platform.
“Event Fee” is the payment due to Buddy in relation to completed provision of
agreed acts and services for the Users.
“Booking Fee” is the collective amount due to User that includes Event Fee, Service Fee plus any
applicable taxes in relation to the provision of acts and services using Vireef Platform.
“User” is the end user or client authorized by Vireef to utilize the Vireef Platform for the purpose
of obtaining artistic/entertainment acts, creative media and/or event services and technology.
“User Information” means all information about a User made available to you as Buddy in connection with such
user’s request to engage the use of your artistic/entertainment acts creative media, and/or event services and
technology which includes the User’s name, event details, contact information and photo.
“Vireef Services” means Vireef’s lead generation of related event services that enable artists, entertainers,
creatives and event services to seek, receive and fulfil booking requests by User.
“Buddy Account” means the identification and password key approved by the Company to you as Buddy to
use and access the Vireef Platform.
The Company reserves the right to modify, vary or change the terms and conditions of this Agreement or its policies relating to
the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating
to the Service shall be effective upon the posting of an updated version at your profile dashboard. You will be
notified by Vireef of each modification via your Buddy Account and/or email and will be provided with sufficient notice of such
modifications; you will therefore be bound thereby if you continue to use the Vireef Platform. Continued use of the Vireef Services
after any changes shall constitute your consent to such changes.
Use of Vireef Services
The Company will screen and review each Buddy’s service portfolio, social networks and any other information to check and confirm
the authenticity of the Buddy’s offered service/s. Upon approval, you will be notified with your login credentials to access your
Buddy Account through the Vireef Platform in accordance with this Agreement. The Company reserves the right to deactivate your Buddy
Account if you have not fulfilled this agreement. You agree that you will maintain your Buddy account in confidence and not share it
with anyone nor third party. You will immediately notify the Company of any actual or suspected breach or improper use or disclosure
of your Buddy Account. You will provide the Company with whatever proof of identification we may reasonably request or require at any time.
Provision of artist, creative and event services.
User will search and select for event service/s based on his/her requirements. Once the User has selected the Buddy, User will send
booking request to the Buddy via Vireef Platform which includes the event information and proposed Event Fee amount. You will then receive
an email and SMS notification from Vireef regarding the booking request details. During this stage, you may choose to accept or decline the
booking request or have the option to adjust and negotiate with the User on your acceptable Event fee.
Acceptance of Booking Request.
You acknowledge and agree that once you accepted the User’s booking request, the User’s contact information, full name, email address will be kept
confidential. You likewise acknowledge and agree that Vireef may provide certain information about you to the User, including your first name and
contact information. You shall not directly contact any User or use any User’s personal data for any reason other than to fulfil your artistic and
creative acts, or event services for that specific paid event, nor collect any User’s data for any of their future bookings outside Vireef Platform.
As between the Company and you, you acknowledge and agree that: (a)you shall be solely responsible for determining the most effective, efficient and
safest manner to perform each instance of your artistic/entertainment acts, creative media and event services; and (b) except for the Vireef Services
or any Company Devices (if applicable), you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform
your artistic/entertainment acts, creative media or event services.
Your relationship with Users.
You acknowledge and agree that your provision of artistic/entertainment acts, creative media, or event services to User/s creates a direct business relationship between
you and the User. The Company is not responsible or liable for the actions or inactions of a User in relation to you, your activities or any of your belongings. You shall
have the sole responsibility for any obligations or liabilities to User or third parties that arise from the provision of your services.
Your relationship with the Company.
You agree that you are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you, the Company or its affiliates or
any third-party provider as a result of the Terms and Conditions or use of the Service.
Feedback and Ratings.
You acknowledge and agree that after receiving and fulfilling booking request, the User will be notified by Vireef to provide an optional rating of you and your services.
You acknowledge and agree that the Company and its Affiliates reserve the right to share, use and display the comments and ratings associated to you and your services in
connection with the business of the Company and its Affiliates without attribution to you or your approval. The Company has the right to remove or edit any comments that
are defamatory, offensive, sexually oriented, inaccurate, threatening, abusive, obscene, profane, and harassing or racially offensive without your approval.
You acknowledge and agree that you will participate from time to time to spread and promote your Vireef Buddy to social media, other forums and blog sites.
Financial and Booking Terms
You are entitled to charge your own range of artistic/entertainment, creative media or event service fee/s based on your location, popularity, seniority and experience. You are also entitled to charge User for any fees incurred during the provision of your services, if applicable. You appoint the Company as your limited payment collection agent solely for the purpose of accepting the Fee, applicable taxes and fees from User on your behalf via the payment processing facility of Vireef Services; and agree that payment made by the User to the Company (or to an Affiliate of Company acting as an agent of Company) shall be considered the same payment made directly by Users to you. You shall always have the right to negotiate your Event Fees to Users through Vireef’s Platform. The Company agrees to remit you the Event Fee less the applicable taxes and Service Fee every 15th and 30th of the month. If you have separately agreed with the Company that other amounts may be deducted from the Event Fee prior to remittance to you (e.g. insurance, lease payments, etc.), the order of any such deductions from the Event Fee shall be determined exclusively by the Company (as agreed between the Company and you).
In consideration of the Company’s provision of Vireef Services and Platform, Vireef charges the Service Fees. You agree that Vireef will collect payments from Users per booking transaction as provided to you via email or otherwise made available electronically by the Company from time to time. The Company reserves the right to change the Service Fee at any time in Company’s discretion based upon local market factors, and the Company will provide you with a notice in the event of such change. Continued use of the Vireef Services after any of such change in the Service Fee calculation shall constitute your consent to such change.
You acknowledge and agree that Users may choose to cancel the booking requests for your talent or event services that have been accepted by you via the Vireef Platform at any time prior to their event. In the event that the User cancels an accepted request for your Services, the Company may charge the User a cancellation fee on your behalf. You may refer to our cancellation policy; (i) Cancellation Request - 46 working days or more before the event, User will get a full refund except for the 5% (non-refundable) Service Fee. (ii) Cancellation Request - 45 working days or less before the event will be non-refundable; if the User paid a full payment in advance, only 50% of the payment will be refunded to the User.
As part of Vireef Services, the Company will provide a delivery of receipts to User and Vireef Buddy upon completion of artistic/creative acts, talents or event services rendered. On your behalf, the Company prepares and issues applicable receipt that includes the breakdown of charges to the User via email; such receipts are also provided to you via email or made available to you via online through the Vireef Services.
No additional amount
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, the Company and its Affiliates may seek to attract new Users and increase existing User list of Vireef Platform. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
You acknowledge and agree that Applicable Taxes will be applied during the booking checkout. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Vireef cannot and does not offer or facilitate Tax-related advice to any Buddy.
Property Rights and License
Subject to your compliance with these Terms, Vireef grants you a limited non-exclusive, non-transferable license to use our Platform solely for your own personal use. All rights not expressly granted to you are reserved by the Company, its Affiliates and their respective licensors.
You may use the Vireef Platform, Software and/or the Application only for your booking purposes and shall not use the Vireef Platform, Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (vii) persist any conduct that could possibly damage the Company’s reputation or transform the Company to being disreputable.
The Vireef Services, including all intellectual property rights therein, and the Company Devices are and shall remain (as between you and Company) the property of Company, its Affiliates or their respective licensors. Neither this Agreement nor your use of the Vireef Services or Vireef Data conveys to or grants you any rights in or related to the Vireef Services or Vireef Data, except for the limited license granted above. Other than as specifically permitted by the Company in connection with the Vireef Services, you are not permitted to use or make reference in any manner the Company’s, its Affiliates’, or their respective licensors’ company names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the "Vireef Marks and Names") for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership over any of the Vireef Logos and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Vireef Data, User or other Vireef Buddy Information, and the transactions, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted party") as necessary to perform under this Agreement, provided Permitted Party are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Company, its internal record-keeping requirements).
Disclosure of Your Information. Without limiting any of the foregoing, you agree that Vireef may use or disclose information about your act and your use of the Vireef Platform. With respect to any information relating to other users of the Site to which you may have access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties. The Company and its Affiliates may collect your personal data during the course of your application for, and use of, the Vireef Services, or may obtain information about you from third parties. Such information may be stored, processed, transferred, and accessed by Company and its Affiliates, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with Company’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.
Representation and Warranties
You acknowledge and agree that by using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions, and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Vireef service is for your own sole, personal use
You acknowledge and agree that:
You are responsible for the content and information you publish or display on your Buddy Account. The Company reserve the right to add/edit any image or any information at any time into your buddy account.
You will only use the Service for the purpose for which it is intended to be used, and you will not try to harm the Service, Application and/or the Software in any way whatsoever. You will not copy, or distribute the Software or other content without written permission from the Company.
You will keep secure and confidential your Buddy Account password or any identification we provide you which allows access to the Service.
You will not put/post on your Buddy Account site any defamatory, offensive, sexually oriented, inaccurate, threatening, abusive, obscene, profane, harassing, racially offensive, or illegal material that infringes or violates another party’s rights (including but not limited to intellectual property rights.)
The company has the right to remove without any warning on any buddy account or picture or image that doesn’t comply with our restriction.
You (or any of your representatives) undertake the responsibility to maintain and update current contact information on your Buddy Account and ensure its accuracy at all times during the term of the Agreement. You will not falsify your identity or misrepresent yourself in any way on the Vireef Platform. If your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right to terminate this Agreement and your use of the Service at any time with or without notice.
You acknowledge and agree that You shall not contact any User or use any User’s personal data for any reason other than to accomplish your artistic/entertainment acts, creative media or event services for that specific paid event from Users via Vireef platform. You will not engage in any data mining, collect, capture or screenshot, or any other means to possess any User’s data or Buddy Account in order to contact them for their future bookings. The Company has the right to terminate this Agreement and your use of the Vireef Service at any time with or without notice.
You acknowledge and agree that you will not post your contact information on your profile or portfolio in a form of text, photo or video which might contain telephone number, email links and addresses.
With respect to any text, photographs, designs, images, video clips, musical work, sound recording, sound clips, or other media files you may provide to Vireef for posting on your portfolio, such submissions shall remain your property. You hereby unconditionally grant to Vireef a non-exclusive, irrevocable and royalty-free license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, create derivative works from, or otherwise use the Submissions solely in connection with the Site and/or advertisements or other materials promoting the Site.
Vireef shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other use of your Submissions as authorized in these Terms and Conditions. The foregoing licenses and rights granted to Vireef will survive your removal of Submissions from the Site, the termination of your account use of the Site, or any other termination of these Terms and Conditions unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days.
You represent, warrant and agree that (i) you own or control all necessary rights in and to the Submissions; (ii) you have the full right and authority to grant the rights, licenses, and permissions in these Terms and Conditions; and (iii) all Submissions submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as Vireef shall have no obligation to return any content to you should it become damaged or lost.
Vireef respects intellectual property rights, and will remove content, terminate registered Buddy, and deny access to others who, in our discretion, infringe the intellectual property rights of others. If you are concerned that a Buddy member or any content on our Site violates your trademark rights, we encourage you to contact us for the content about the perceived infringement. We’ll try to inform our Buddy member to resolve the issue quickly.
Vireef does not control the availability or content of any external websites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular external service or resource. Unless stated otherwise, Vireef does not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users’ convenience. Access to such other sites is at your own risk, and we disclaim all liability as regards to your access to such linked websites. In addition, we do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Vireef is used as part of the link to this Site.
COMPANY AND ITS AFFILIATES PROVIDE, AND YOU ACCEPT, THE VIREEF SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE VIREEF SERVICES OR VIREEF PLATFORM: (A) WILL BE UNINTERRUPTED OR ERROR FREE; OR (B) WILL RESULT IN ANY BOOKING REQUESTS FOR TALENT OR EVENT SERVICES. THE COMPANY AND ITS AFFILIATES FUNCTION AS LEAD GENERATION AND RELATED SERVICE ONLY, AND MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE USERS WHO MAY REQUEST OR RECEIVE TALENT OR EVENT SERVICES FROM YOU. THE COMPANY AND ITS AFFILIATES ALSO DO NOT SCREEN OR OTHERWISE EVALUATE USERS. BY USING THE VIREEF SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE VIREEF SERVICES. NOTWITHSTANDING COMPANY’S APPOINTMENT AS YOUR LIMITED PAYMENT COLLECTION AGENT FOR THE PURPOSE OF ACCEPTING PAYMENT FROM USERS ON YOUR BEHALF AS SET FORTH IN SECTION 2 ABOVE, THE COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR YOUR ACT OR OMISSION OR OF ANY USER OR OTHER THIRD PARTY.
No Service Guarantee
THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE VIREEF SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE VIREEF SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g. DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE VIREEF SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THE COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
Limits of Liability
Neither Vireef nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Site shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Site. To maximum extent allowed by applicable law, Vireef shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the site or information flowing through the site.
Term and Termination
This Agreement shall commence on the date accepted by you and shall continue until enter into for a period of one (1) year. Upon expiry of the Initial Term or any renewal thereof, this Agreement shall renew automatically for a one-year period (each a "Renewal Term") unless otherwise terminated in accordance with the provisions hereof. Unless otherwise agreed by the parties prior to any Renewal Term, each renewal shall be on the same terms and conditions provided herein.
Either party may terminate this Agreement: You may terminate these Terms at any time via sending us an email. If you cancel your Buddy Account, any confirmed Bookings will be automatically cancelled and User will receive refund less the service fee. Without limiting our rights specified below, Vireef may terminate these Terms at any time by giving you a 30-day notice via email to your registered email address.
Effect of Termination
Vireef may immediately, without notice, terminate these Terms if (i) you have materially breached these Terms of our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “Representations, Warranties and Disclaimers” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Vireef Account registration, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Vireef believes in good faith that termination is reasonably necessary to protect the safety or property of other Buddy, User, Vireef or third parties, for fraud prevention, risk assessment, security or investigation purposes.
Relationship of the Parties. Except as otherwise expressly provided herein with respect to the Company acting as the limited payment collection agent solely for the purpose of collecting payment from Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship, between the Company and you; and (b) no joint venture, partnership, or agency relationship exists between the Company and you. You have no authority to bind the Company or its Affiliates. You undertake not to hold yourself out as an employee, agent or authorized representative of the Company or its Affiliates. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Company, you undertake and agree to indemnify, defend (at the Company’s option) and hold the Company and its Affiliates harmless from and against any claims by any person or entity based on such implied agency or representative relationship.