Artist Live Performance Agreement

Welcome to the PTM Digital Connect Private Limited, a company incorporated in India, hereinafter referred to as “Playtoome”, a social network streaming platform and digital performance platform consisting of websites, services, software applications, embeddable players and syndicated widgets.

The following Live Performance Contract for the Playtoome service is a legal contract between you, the Artist/s and Playtoome regarding your use of the Playtoome Service. By using these services, the Artist signifies his/her acceptance of this Live Performance Agreement.

  • I. REGISTRATION FEE

    The Artist, in order to avail the services of Playtoome Co., shall have to pay a Registration Fee of INR NIL at the time of signing up for the Playtoome Services.

  • II. ELIGIBILITY

    To register as an Artist on Playtoome, the Artist must be at or above the Age of Majority in his/her country. In the instance that the Artist has not attained the Age of Majority as per his/her country, the underage Artist must obtain a written consent from his/her parent/legal guardian to stage a live performance using Playtoome Services.

  • III. ARTISTS’ OBLIGATIONS

    1. The artist warrants that he/she is free to enter into this agreement and to fully perform the agreement.
    2. In consideration of the fee paid by the Artist under Clause I., revenue to be received under Clause VII., and his/her association with this website, the artist agrees to give a live performance in accordance with this agreement.
    3. Where the artist consists of two or more members, the individual members agree to be jointly and severally bound by the terms of the agreement, on the same terms as the artist.
    4. Where this agreement is being entered into by an agent or manager, on behalf of the Artist, that agent or manager warrants that they have the authority to bind the Artist.
    5. That all consent for the Artists’ participation in the said live performances is hereby given and the Artist shall be solely responsible for his/her live performance and the consequences of uploading the same
    6. With respect to the live performance, the Artist affirms, represents, and/or warrants that the Artist is the creator and owner of and/or has the necessary licenses, rights, consents, releases and permissions to use and to authorize Playtoome and all viewers to use/view the same.
    7. The Artist also warrants that the live performance of the Artist will not infringe, violate or misappropriate any third-party rights, including any copyright, trade mark, patent, trade secret, moral right, and privacy right, right of publicity or any other intellectual property or proprietary right.
    8. The Artist shall perform to the best of the artist’s professional skill and ability in willing co-operation.
    9. The Artist shall comply with all rules and regulations in force at the studios or any other place where the artist may perform.
    10. Playtoome shall be entitled to use the name, images, audio, video and likeness of the Artist for the purposes of the promotion and publicity of the website, its services and live performances therein.
    11. The Live Performances are made available “as is”, and may not be used, copied, recorded, distributed, transmitted, broadcast, displayed, sold, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Playtoome Services or otherwise as prohibited under this Live Performance Contract.
    12. The Artist agrees not to circumvent, disable or otherwise interfere with security-related features of the Playtoome Services or features that prevent or restrict use or copying of any Live Performance or enforce limitations on use of the Playtoome Services or the Live Performances therein.
    13. The Artist shall provide to Playtoome Co. the tentative set list for the Live performance 7 days prior to the Live performance, along with a copy of the necessary licenses, rights, consents, releases and permissions (if any are required) and the final set list for the Live performance 2 days prior to the Live performance via email.
  • IV. OBLIGATIONS OF PLAYTOOME CO.

    Playtoome Co. warrants that:

    Playtoome will keep all information provided by the Artist with regard to their Live Performance, card details, bank account numbers, tips, and all other information regarding the revenue generated from the said Live Performances strictly confidential.

  • V. PLAYTOOME SERVICE LICENSE GRANT

    Playtoome enables (a) certain person/s referred to herein as “Artists” to distribute and display streaming live videos (“Live Performance”) and personally identifiable information commonly known as “Name and likeness” (“Artist Name and Likeness”) and (b) certain person/s referred to herein as “Viewers” to view the Live Performances through the Playtoome Services.

    Playtoome shall have the right to broadcast the said live performance through the Playtoome website & mobile applications without restriction throughout the world to anyone who buys tickets for the same.

    If the Artist signs up for these services, subject to the Artist’s compliance with the terms and conditions set out in this Live Performance Contract, Playtoome hereby grants the Artist a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Playtoome Service for the distribution of the Artist’s live performance.

    The Live Performances of the Artist are streamed and distributed at the sole risk of the Artist. Notwithstanding any obligations hereunder of Playtoome to protect the live performance of the Artist, Playtoome cannot guarantee that there will be no unauthorized copying or distribution of the Artist’s live performance and nor will Playtoome be liable for any copying or usage of the Artists’ Live Performance not authorized by Playtoome.

  • VI. TERM

    This agreement shall be valid for a period of one year from the date of signing. If the Artist wishes to cancel his subscription then s/he shall do so by disabling his/her account. Unless, so done, the account shall be auto renewed and subscription fee if any shall be debited.

  • VII. REVENUE

    1. An amount equal to 30% of the net receipts from the sale of tickets for the live performance shall be credited to the account on record of the artist within a period of 30 days from the date of the live performance. Net receipts are defined as money received net of any takes or government levy.
    2. All and any NET TIPS (which shall mean and include any amount, excluding the amount paid by the Viewer for the price of the ticket, paid by the Viewer of a Live Performance to the Artist during or subsequent to the Performance of the Artist out of the sole discretion of the Viewer), shall be shared between Playtoome and the Artist in the ratio of 70:30. NET TIPS are defined as money received net of any takes or government levy.
  • VIII. OWNERSHIP OF PROPERTY & LIMITED LICENSE

    The data and materials on the Playtoome Service, except the Live Performance, including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Playtoome Service (collectively, the “Property”) are the intellectual property of Playtoome. The “Property” is protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the “Property” remain with Playtoome. All trademarks, service marks, and trade names are proprietary to Playtoome. Except as expressly authorized by Playtoome, the Artist agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the “Property”.

  • IX. ARTIST AND VIEWER CONTENT LICENSE GRANT; REPRESENTATIONS AND WARRANTIES.

    The Artist shall be solely responsible for their own live performance and the consequences of posting or publishing them. In connection with the Live Performance, the Artist affirms, represents, and/or warrants that: (A) S/he is the creator and owner of and/or has the necessary licenses, rights, consents, releases and permissions to use and to authorize Playtoome and all Viewers to view the Live Performance of the Artist; (B) The Live Performance of the Artist do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

    The Artist retains all of their ownership rights in their live performance. However, the Artist hereby through, distributing or disseminating Live Performance through the Playtoome Services, grants to Playtoome a perpetual worldwide, non-exclusive, freely transferable, fully paid-up, royalty-free, license to host, transfer, display, perform, distribute, compress or convert for streaming, and otherwise exploit Live Performance, in any media formats and through any media channels, in order to publish and promote such Live Performance in connection with services offered or to be offered by Playtoome. Such license will apply to any media or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to the distribution, display, performance or otherwise exploitation of the Artists’ Live Performance in proximity with or in connection with any third party content.

    By distributing or disseminating the Artist’s Live Performance through the Playtoome Service, the Artist hereby grants to each viewer of the Playtoome Service that is authorized to access the Artist’s Live Performance a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view the Artist’s Live Performance.

  • X. PROHIBITED CONDUCT

    By using the Playtoome service the Artist agrees not to:

    1. Use the Playtoome Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Playtoome Service as such services are offered by Playtoome.
    2. Post, upload, or distribute any defamatory, libelous, or inaccurate content.
    3. Post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.
    4. Use of the Playtoome Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
    5. Defame, harass, abuse, threaten or defraud viewers of the Playtoome Service, or collect, or attempt to collect, personal information about the viewers or third parties without their consent.
    6. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Playtoome Service features that prevent or restrict use or copying of any content accessible through the Playtoome Service, or features that enforce limitations on the use of the Playtoome Service.
    7. The Artist represents and accepts that s/he is solely responsible for the above mentioned, without limiting to any other conduct of the Artist and that Playtoome Co. holds no responsibility, liability or accountability for the same.
  • XIV. DISCLAIMERS AND WARRANTIES

    No warranties

    The Artist expressly agrees that the use of the Playtoome service is at his/her sole risk. The Playtoome service and any data, information, third-party software, content, reference sites, services, or applications made available in conjunction with or through the Playtoome service are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.

    Uploaded Content

    The security measures to protect the Live performance used by Playtoome herein are with no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.

    Internet Interruption and Web Site Contamination

    Playtoome is not responsible to the Artist for any interruption of access to the Playtoome web site for any reason, or for contamination, virus, or infection that causes damages to the Artist’s content uploaded onto the Playtoome web site. Playtoome is not responsible for any loss of revenue or goodwill to the Artist due to any interruption or contamination or due to any other reason, including but not limited to any damage to Artist’s reputation that may result therein.

  • XV. LIMITATION OF LIABILITY AND DAMAGES

    Limitation of Liability

    Under no circumstances, including, but not limited to, negligence, will Playtoome or employees, agents be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or the result from the Artist’s use or his/her inability to use the materials on the Playtoome services.

    Limitation of Damages

    In no event will Playtoome or employees, agents, total liability to the Artist for all damages, losses, and causes of action arising out of or relating to these terms or the Artist’s use of the Playtoome services (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by the Artist as Registration Fees for the Playtoome services, or the net profit amount percentage accrued to Playtoome by the Artist in his last Live Performance, whichever is greater.

  • XVI. INDEMNIFICATION

    The Artist agrees to indemnify, save, and hold Playtoome, employees, agents and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of the Artist’s use or misuse of the Playtoome Service, any violation by the Artist of the Live Performance Agreement, or any breach of the representations, warranties, and covenants made by the Artist herein. Playtoome reserves the right, at the Artists’ expense, to assume the exclusive defense and control of any matter for which the Artist is required to indemnify Playtoome and the Artist agrees to cooperate with Playtoome’s defense of these claims. Playtoome will use reasonable efforts to notify the Artist of any such claim, action, or proceeding upon becoming aware of it.

    If a director is entering into this agreement in the capacity as a director or shareholder or employee of the company, then he/she firstly warrants that they have the authority to bind the company and further agrees that s/he remains at all times, liable (along with the company) to pay and indemnify the artist from all loss, cost, solicitor/client cost, or demand suffered or incurred by artist as a result of the breach by a director of any of its obligations under this agreement, including, but not limited to his/her share of the profits.

  • XVII. TERMINATION & VIOLATIONS OF THIS AGREEMENT

    The Artist agrees that Playtoome in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) that the Artist may have with Playtoome or its use of the Playtoome Service and remove and discard all or any part of the Artist account, the Artist profile at any time. Playtoome may also in its sole discretion and at any time discontinue providing access to the Playtoome Service, or any part thereof, with or without notice. The Artist agrees that any termination of the Artist’s access to the Playtoome Service or any account the Artist may have or portion thereof may be effected without prior notice, and the Artist agrees that Playtoome will not be liable to the Artist or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Playtoome may have at law or in equity.

    The Artist’s only remedy with respect to any dissatisfaction with the Playtoome Service, any provision of this Agreement, any policy or practice of Playtoome in operating the Playtoome Service, or any content or information transmitted through the Playtoome Service, is to terminate this Agreement and the Artist’s account. The Artist may terminate this Agreement at any time by discontinuing use of any and all parts of the Playtoome Service.

  • XVIII. Miscellaneous

    Notice

    Any notice under this Agreement shall be sent via e-mail, registered post (if the address is provided by the Artist or his/her Manager/Agent) or postings on the Playtoome registered office. In case of e-mail and postings, notice shall be deemed given seventy two hours after the posting is published and the email is sent. Notice shall be deemed given 7 days from the date of mailing. Notwithstanding the foregoing, the Artist’s continued use of the Playtoome Service after the posting of any changes to the Live performance agreement constitutes the Artist’s binding acceptance of such changes.

    Waiver

    The failure of to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by Playtoome.

    Governing Law

    This Live Performance Agreement will be governed by and construed in accordance with the Laws of India, without giving effect to any principles of conflicts of law.

    Jurisdiction

    Both parties agrees that any dispute, controversy or claim arising out of or in connection with these T&C’s, or the breach, termination or invalidity thereof, shall be amicably settled. In case both parties fail to settle the dispute amicably, then the dispute shall be referred by the parties for Arbitration. The Arbitration shall be in accordance with the provisions of the Arbitration and Conciliation Act 1996 and the decision of the said Arbitrator made on the point of reference shall be final and binding on the parties hereto. The venue of arbitration will be Bangalore, India. The Sole arbitrator will be appointed by Playtoome.

    Severability

    If any provision of the Live Performance Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Live Performance Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions of this Agreement.

    Assignment

    The Live Performance Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by the Artist, but may be assigned by Playtoome without restriction. Any assignment attempted to be made in violation of the Live Performance Agreement shall be void.

    Survival

    Upon termination of the Live Performance Agreement, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.

    Headings

    The heading references herein are for convenience purposes only, do not constitute a part of the Live Performance Agreement and will not be deemed to limit or affect any of the provisions hereof.