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Copyright © 2024
These Terms apply between you and Guestartist. The terms “us”, “we” or “our” refer to Guestartist.
Guestartist provides a Platform on which Affiliates can advertise, market, promote and offer their Services for order and reservation. The Terms apply to all Services made available on the Platform whether directly or indirectly (through Affiliates).
By creating a user profile, accessing, browsing and in any way using our Platform, you acknowledge and agree to have read, understood and agreed to the Terms, including having read our Privacy Policy and to be at least sixteen (16) years old.
If you do not accept and agree to be bound by the Terms, please do not use the Platform.
We may change the Terms and Platform from time to time, e.g. to reflect regulatory changes, new features, or changes in Guestartist’s or our Affiliates’ business practices. The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We may also remove features or suspend the Platform entirely. You will not be notified hereof, unless such changes are material.
We will provide at least 15 days’ advance notice for changes to the Terms. However, we may change or modify the Terms at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your offering of the Services); or (c) to restrict Services or activities that we deem unsafe, inappropriate, or offensive.
Your continued use of our Platform after the effective date of any change to these Terms in accordance with this clause will constitute your acceptance of that/those change/changes. If any change is unacceptable to you, you agree not to use the Platform and to end the cooperation between you and Guestartist. Guestartist will provide notice to you under the Terms by posting changes on the Platform or by sending you an email notification, or by similar means.
We may also communicate with you in connection with your listings, sales, and the services electronically and in other media, and you must consent to such communications. You must update your email addresses (as well as your legal name, address and phone number) as often as necessary to ensure that they are accurate.
Guestartist and the Affiliates have neither any partnership, joint venture, employment, agency, franchise, nor are we an intermediary between you and the Affiliate. Further, Guestartist do not (re)sell, offer any Services or act as a representative in any other way.
When you make your registration or use a Service, you enter into a direct (legally binding) contractual relationship with the applicable Affiliate. Guestartist merely facilitates the Platform access, e.g. by transmitting the relevant details of your registration to the relevant Affiliate(s) and by sending you a confirmation email for and on behalf of the Affiliate.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Affiliate or Services made available, except as explicitly indicated or set out otherwise.
Although we will use reasonable skills and care in providing the Platform, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held liable for any errors (including manifest and typographical errors), any interruptions whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
The Platform may contain paid content, promotions, advertisement by third parties and links to third party domains. Guestartist are not liable for the safety, accessibility or availability of such external domains or resources.
Any software and updates may be automatically installed/downloaded. Settings may be adjusted on your device’s settings, e.g. smartphone, computer, etc.
The information disclosed on our Platform is provided by the Affiliates, who are fully responsible for updating all rates/fees/prices, availability, policies and conditions and other relevant information.
Obvious errors and mistakes (including misprints) are not binding.
You must create an account and provide certain information about yourself in order to use some of the features that are offered on the Platform.
Your information must always be accurate, complete, and current, and you must ensure confidentiality of your login credentials. You may not impersonate someone else, create, claim or use an account for anyone but yourself, provide an email address other than your own, or create fake or multiple accounts.
Your username may not use:
Guestartist may at any time, without notice and discretionarily, deny creation of user accounts or deny users access to the Platform if violation of the Terms is suspected or could be foreseen.
You are responsible for all activities related to your user account. If you believe there is a risk of breach of security or unauthorized use, please immediately contact us on contact page .
Only users who have used or purchased Services should comment on their experience and provide a review of the Affiliate. The completed review may be (a) uploaded onto the relevant Affiliate information page on our Platform for the sole purpose of informing (future) users of your opinion of the service (level) and quality of the Affiliate, and (b) (wholly or partly) used and placed by Guestartist and the Affiliate at our sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or on social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Guestartist and our Affiliates.
Reviews will only be available for a limited period (60 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of users who [always] submit comprehensive and detailed reviews may be ranked on top.
Guestartist allows the Affiliate to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. Guestartist does not compensate or otherwise reward a user for completing a review. The user review form should be regarded as a survey and does not include any (further commercial) offers, invitations, incentives or whatsoever. Guestartist undertake to use its best efforts to monitor and remove reviews that include obscenities or reviews which include:
Reviews on an app platform follows the terms of the relevant app platform, e.g. iTunes, Google Play, etc.
Please be cautious when interacting with other users – both on the Platform and in real life. Guestartist are neither liable nor responsible for the conduct of any user on or off the Platform. Moreover, Guestartist does not conduct (criminal) background checks, etc.
Guestartist cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the user.
We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number of the user.
Guestartist cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Affiliate.
In order to duly complete and secure your reservation or application, you must create a user profile and include your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Please note that rates, fees or special offers will fluctuate and will not have a minimum or maximum standard they are related to.
By uploading Content onto our Platform (for instance in addition to a review); you certify, warrant and agree that you own the copyright to the Content and that you grant Guestartist a non-exclusive, worldwide, irrevocable, unconditional transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any Content on the Platform, however always subject to mandatory regulation, e.g. GDPR, and IP-rights.
For governmental use, system protection, safety of our users, Affiliates, integrity and operation of the Platform, etc., we may access and disclose any information we consider necessary or appropriate, including but not limited to user account information, IP addresses, traffic information, usage history and Content.
You accept full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Guestartist publishing and using your Content.
Guestartist does not own or endorse Content that is uploaded. The truthfulness, validity and right to use of all Content is assumed by the person who uploaded the photo and is not the responsibility of Guestartist.
Guestartist disclaim all responsibility and liability for the Content posted. The person who uploads the Content warrants that it does not contain any viruses, Trojan horses or infected files and do not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and do not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Guestartist at any time and without prior notice.
Unless stated otherwise, the software required for, available at or used by our Platform and the intellectual property rights (including the copyrights) of the Contents and information of and material on our Platform are owned by Guestartist and/or our Affiliates.
Guestartist exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel including infrastructure of the Platform, including the guest reviews and translated Content.
Our Platform is made available for personal and non-commercial use only.
You are not allowed to:
Any unlawful use or any of the actions or behaviour listed above will constitute a material infringement of our intellectual property rights (including copyright and database right).
If your intellectual property rights have been infringed, please submit your complaint to contact page form immediately. Upon receipt of a complaint, we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content.
You agree to indemnify Guestartist for all claims brought by a third party against Guestartist arising out of or in connection with the submission of a complaint.
Any unlawful Content that may exploit or otherwise harm minors; or may violate or advocate the contravention of any law or regulation is prohibited.
In general, all artistic images depicting nudity and sexuality are allowed without censorship. However, images depicting implied actions that have the potential to normalize violence such as non-consensual or violent sex acts, including rape, are not allowed at any time.
Images depicting fetish content that involves acts that are likely to lead to the death of a person or animal such as: dismemberment, cannibalism, or bestiality are also not allowed.
Real female nipples must be censored unless in the context of breastfeeding, birth giving and after-birth moments, health-related situations (for example, post-mastectomy, breast cancer awareness or gender confirmation surgery) or an act of protest.
Guestartist does not allow objectionable content that includes defamatory commentary, imagery and/or hate speech about religion, gender, race or any other targeted groups. Imagery that is racist, sexist, homophobic, transphobic, or engages in other forms of discrimination will not be tolerated and will immediately be removed. Guestartist reserves the right to restrict users who create, upload, or request imagery or tattoos of this kind.
Millions of designs, thousands of customer reviews and comments are hosted on the Platform. Consequently, it is not possible for us to monitor all Content, designs or services, each customer review or comment that is displayed, etc. Therefore, we operate on a “notice and action” basis.
You understand and agree that we may monitor Content and delete – in whole or in part – Content that in our sole judgment violates the Terms or may harm the reputation of the Platform. If you become aware of such Content, please let us know immediately on contact page form.
Important Warning: giving false, misleading or inaccurate information to Guestartist on the Platform may result in civil and criminal liability.
If your Intellectual Property Rights have been infringed, please submit your complaint to Guestartist immediately at contact page form. Upon receipt of a complaint, we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances.
All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content.
You will defend, indemnify, and hold harmless Guestartist, and our officers, directors, employees, and agents, against any third party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) from or related to (a) your non-compliance with applicable laws; (b) your Services, including the offer, sale, fulfilment, refund, cancellation, return, or adjustments thereof, and any personal injury, death (to the extent the injury or death is not caused by Guestartist), or property damage related thereto; (c) your taxes and duties or the collection, payment, or failure to collect or pay your taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or, based on specific indications, alleged breach of any representations you have made.
Guestartist’s indemnification obligations: Guestartist will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third party claim arising from or related to: (a) Guestartist's non-compliance with applicable laws; or (b) allegations that the operation of the Platform infringes or misappropriation that third party’s Intellectual Property Rights.
If any indemnified claim might adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.
Both parties are only liable for damages suffered as a result of wilful misconduct or gross negligence. In case of minor negligence, the parties are only liable for (a) injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of a fundamental contractual obligation.
The Affiliate shall obtain and maintain, at its own expense, from a qualified and licensed insurance carrier professional indemnity insurance and public and product liability insurance with coverage relevant for the Services offered by the Affiliate. The Affiliate shall provide insurance details on request by Guestartist.
Subject to the limitations set out in these Terms and to the extent permitted by law, the Platform is provided on an “as is” and “as available” basis; and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including but not limited to all Services and Content), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
Guestartist does not represent or warrant that (a) the Platform will be uninterrupted or error free, (b) any defects or errors in the service will be corrected, or (c) that any Content or information you obtain on or through the Platform will be accurate.
Guestartist has no responsibility for any Content and any material downloaded or otherwise obtained through the Platform; hence any Content is accessed at your own discretion and risk.
To the fullest extent permitted by applicable law, in no event will Guestartist, our officers, directors, employees, representatives, subsidiaries, affiliated companies, our Affiliates, distributors, licensors, licensees, agents, service providers or others involved in creating, sponsoring, promoting, or otherwise making available the Platform, be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, production, profit, revenue or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Platform, (ii) the conduct or Content of other users or third parties on, though, or following use of the Platform; or (iii) unauthorized access, use or alteration of your Content, even if Guestartist have been advised of the possibility of such damages.
If Guestartist are liable under certain jurisdictions, Guestartist shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to the Platform, up to an aggregate amount of the aggregate cost of your reservation as set out in the Affiliate confirmation email (whether for one event or series of connected events).
Guestartist are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Platforms or Services and make no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.
The relevant Affiliate is fully responsible and assumes all responsibility and liability in respect of the Services (including any warranties and representations made by the Affiliate). Guestartist are not a (re)seller of the Services. Complaints or claims in respect of the Services (including related to the offered (special/promotion) price, policy or specific requests made by the user) are to be dealt with directly by you. Guestartist are not responsible for and disclaim any liability in respect of such complaints, claims and (Service) liabilities.
Whether or not the Service has been charged, or if Guestartist are facilitating the payment of the price or fee for the Service, the user agrees and acknowledges that the Affiliate is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities.
You acknowledge and agree that the relevant Affiliate is solely responsible and assumes all responsibility and liability in respect of the Service (including any warranties and representations made by the Affiliate).
Guestartist are not a (re)seller of the Services. Complaints or claims in respect of the Services (including related to the offered (special/promotion) price, policy or specific requests made by you) are to be dealt with by the Affiliate. Guestartist are not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Guestartist are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price or fee to the relevant tax authorities. Guestartist do not act as the merchant of record for any Service made available on the Platform.
Guestartist respects your privacy. Please have a look at our Privacy Policy for further information.
During the course of your account creation, you may receive Confidential Information. You agree that during the applicability of the Terms and 5 years after termination: (a) all Confidential Information will remain Guestartist's exclusive property except for the user’s personal data owned by the respective user; (b) you and your affiliates will use Confidential Information only as is reasonably necessary for your use of the Platform; (c) you will not, and will cause your affiliates not to, directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third party except as required to comply with the law; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in the Terms; and (e) you will retain Confidential Information only for so long as its use is necessary for the use of the Platform or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfilment of statutory obligations.
The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release related to the Platform, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way.
We act as a data controller of any personal data collected on the Platform and transfer the personal data on users to you for your own use as an independent data controller. Use of the personal data transferred to you may only be used for the purpose to fulfill orders and providing the agreed upon services to users. If you use the personal data for other purposes, it is your responsibility to ensure sufficient legal bases as laid out by applicable law. You must keep personal data confidential at all time (the above 5 years’ term limit does not apply to personal data).
Any claim or complaint against Guestartist or in respect of the Affiliate must be promptly submitted, but in any event within 48 hours after the scheduled day of receipt of the Service. Any claim or complaint that is submitted after the 48-hour period may be rejected, and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed).
Guestartist retain the right to immediately halt any Transaction, prevent or restrict access to the Platform or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by legislation, the Terms, etc.
The authentic language of the Terms and subsidiary or associated documentation is English, and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of the Terms and subsidiary or associated documentation and any translation of them, the English language version and interpretation will prevail.
The Terms represent the entire agreement between the parties with respect to the Services and related subject matter described herein and supersede any previous or contemporaneous oral or written agreements and understandings.
Except when prohibited by mandatory regulation on choice-of-law or venue, the Terms and the provision of our services shall be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the High Court in London and to English law.
If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such an event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
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