Please read these terms and conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the HQartist Platform, you agree to comply with and be bound by these terms and conditions.
Last updated: 5 March 2018
1.2 Please read these Terms carefully before you start using the Platform. These Terms tell you who we are, how we will provide services to you, how you and we may change or end ('end' meaning cancel or terminate) the contract, what to do if there is a problem and other important information. Please click on the button marked "I accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to use the Platform.
2.1 HQartist and the Platform is provided by Subsun AS which is a limited liability company incorporated under the laws of Norway with reg. no. 918 276 904 and registered address on Dronningens gate 16, 0152 Oslo, Norway. We can be contacted on e-mail email@example.com. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
2.2 HQartist is the name of the Platform developed and provided by Subsun, which entails both a platform for facilitating contact and networking between artists and venues in order for these parties to make bookings and contracts (each such booking and/or contract referred to as a "Contract") between each other. Subsun will not be a party to any Contracts created by using the Platform.
3.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform or register an account (an "Account") as a user/member of the Platform (a "Member"). By accessing or using the Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
3.2 Subsun may make the access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or booking and cancellation history.
3.3 We do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members. Further, we may screen Members against third party databases or other sources and request reports from service providers.
3.4 If you download and use the Platform by way of any application to an iPhone or other smart phone or device, your use will further be subject to the applicable terms for the relevant provider, such as the Apple App Store.
4.1 You must create and register an Account to use the Platform. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Account using an email address and creating a password or through your account with certain third-party social networking services, such as Facebook or Google. You must provide accurate, current and complete information during the registration process and keep your Account up-to-date at all times.
4.3 You may not register more than one (1) Account unless Subsun specifically authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify Subsun if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials as set out in this clause 4.4).
5.1 Subsun may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, reviews, comments, photos, audio, video, or other materials and information on or through the Platform ("Member Content"); and (ii) access and view Member Content and any content that Subsun itself makes available on or through the Platform.
5.2 You are solely responsible for all Member Content that you make available on or through the Platform, and thus, liable for any such Member Content not infringing any third-party rights or any law and regulations of the applicable jurisdiction.
5.4 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Platform, you grant to Subsun a non-exclusive, worldwide, royalty-free, irrevocable and transferable license to such Member Content to access, use, store, copy and use otherwise as necessary for the purpose of Subsun providing and/or promoting the Platform, including the right to take action against and prevent any infringements.
5.5 If you believe that any content on the Platform infringes any rights of yourself or a third-party or in any other way is in conflict with these Terms, please notify us.
6.1 Subsun may charge fees to Members in consideration for the use of the Platform for making Contracts. No fee is applicable for creating and registration of an Account or using the Platform solely for social and networking purposes. The current fees will be listed on the fee page (please see our FAQ for further information regarding our fees).
6.1.1 Subsun reserves the right to change the fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.2 You are responsible for paying any fees that you owe to Subsun. The applicable fees are due and payable and collected by Subsun on the payment dates set out in each Contract.
7.1 Each Member may in its sole discretion decide whether or not to enter into a Contract through the Platform. When finalizing the Contract, the contracting Members to the Contract in question (the "Contracting Members") are entering into a legally binding agreement. The Contract is considered finalized when both Contracting Members have accepted and digitally signed the Contract. When creating a Contract the Contracting Members are each responsible for the information provided through the Platform for the purpose of the Contract and the accuracy of such information.
7.2 The Contracting Members are solely responsible for agreeing on the price to be paid under the Contract in questions, the compliance of the Contract with any applicable regulations and any other terms of the Contract. They are further each responsible for reporting and settling any taxes and VAT (if applicable). The tax and VAT implications of any Contract are of no concern of Subsun.
7.3 The Contracting Members are solely responsible for any other requirements for the performance of the Contract, including any legal requirements and insurances. Any disputes between the Contracting Members should be handled in according with the terms of the Contract in question, and Subsun will as a third-party not interfere with any such dispute.
8.1 All payments to be made between Subsun and Members, and from one Member to another, must be made through the online payment system linked to the Platform. In order to make payments through the Platform you therefore will be required to accept any applicable terms and conditions as required by the provider of the payment system.
9.1 To the extent that Members are able to leave a review or comment about another Member on the Account page of the Members this section 9 applies. Any reviews or comments reflect the opinion of individual Members and do not reflect the opinion of Subsun. Reviews or comments are not verified by Subsun for accuracy and may be incorrect or misleading. Upon reasonable request from a Member, Subsun may delete any review or comment as set out in clause 5.3.
9.2 Reviews or comments must be fair, truthful and factual and may not contain any offensive or defamatory language, and in any case in compliance with these Terms. Members are prohibited from manipulating the reviews and comments in any manner, such as instructing a third party write a positive or negative review or comment about another Member.
10.1 These Terms shall be effective as agreement between you and Subsun from the time of the creation and registration of your Account. You may terminate this agreement by closing your Account.
10.2 Subsun may without notice terminate this agreement and close your Account if (i) you have materially breached your obligations under these Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) Subsun believes in good faith that such action is reasonably necessary to protect the personal safety or property of Subsun, any Members, or third parties (for example in the case of fraudulent behavior of a Member). In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Subsun and an opportunity to resolve the issue to Subsun's reasonable satisfaction.
10.3 Without limiting our rights specified above, Subsun may terminate this agreement for convenience at any time, for example in relation to shutdown of the Platform, by giving you thirty (30) days' notice via email to your registered email address.
10.4 When this agreement has been terminated, you are not entitled to a restoration of your Account or any of your Member Content. If your access to or use of the Platform has been limited or your Account has been suspended or this agreement has been terminated by us, you may not register a new Account or access and use the Platform through an Account of another Member.
11.1 Subsun may in its sole discretion make changes to these Terms. You will be notified of any changes no later than two (2) months prior to the changes coming into force. Should you decide not to accept the changes to the Terms, you must terminate your agreement with us by closing your Account prior to the changes coming into force.
12.1 If you choose to use the Platform, you do so voluntarily and at your sole risk. The Platform is provided "as is", without warranty of any kind, either express or implied.
12.2 Subsun does not in any way guarantee the accessibility of the Platform at all times, as the Platform may be closed due to planned maintenance or technical issues. Subsun will not be liable towards any Member or third-party for any loss or damages, whether compensatory, direct, incidental, consequential, loss of profit, loss of data, personal or bodily injury arising out of or in connection with these Terms and/or from the use of or inability to use the Platform, unless directly caused by the willful misconduct or fraudulent behavior of Subsun. Further, Subsun will not be liable for any loss, obligations or responsibility in case of or caused by force majeure (meaning an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an act of God).
13.1 These Terms are subject to the laws of Denmark. Any disputes between Subsun and Members shall be settled by the Danish court with the City Court of Copenhagen as court of first instance.
In addition to these terms and conditions, you will be asked to accept the terms and conditions of our payment provider, Stripe, the first time you validate your passport and sign your first contract.