May 2016 version 1.4
Business Terms & Conditions
1. These Terms & Conditions
1.1 These are the terms and conditions for the services provided by Xamou the “Organisation /We /Us/ Website Operator” to you, the “Client”. By ordering any service from the Organisation you agree to be bound by these terms and conditions.
2. User-generated content
User-generated content is defined as text images and video material uploaded by users who use our free event calendar and paid profile services. User(s) who generate content are henceforth referred to as author(s) to distinguish them from other website visitors. This is an agreement between a website operator and an author who wishes to post content on the site. It allows the author to retain copyright in the work and gives him or her credit on the site. Furthermore, the author is allowed to remove the material at any time within a 30 days notice.
2.1 Promotional Use. Author grants to Website Operator the right to use Author’s name, biographical information, likeness, pseudonym and/or image in connection with authorized uses of the Materials, said information to be supplied by Author.
Author grants to Website Operator the right to use Author’s name, biographical information, likeness, pseudonym and/or image in connection with authorized uses of the Materials, said information to be supplied by Author.
2.1.1 Credit, Attribution and Linking. Website Operator shall give Author credit in connection with the use of the Materials by identifying Author in conjunction with the Materials as displayed on the Site. Website Operator shall also provide on the Site a link to the Author’s website and to the Materials, to the extent available, on www.stagexa.xamoudev.com.
Website Operator shall give Author credit in connection with the use of the Materials by identifying Author in conjunction with the Materials as displayed on the Site. Website Operator shall also provide on the Site a link to the Author’s website and to the Materials, to the extent available, on www.stagexa.xamoudev.com.
2.1.2 Term. The term of this Agreement (the “Term”) shall commence upon upload of content and will continue until such time as Website Operator determines, in its sole discretion, to remove the Materials or, upon thirty-day written notice by Author of its/his/her intent to terminate the Agreement.
The term of this Agreement (the “Term”) shall commence upon upload of content and will continue until such time as Website Operator determines, in its sole discretion, to remove the Materials or, upon thirty-day written notice by Author of its/his/her intent to terminate the Agreement.
2.1.2 Website Operator shall be the sole owner of all intellectual property rights in the Site and all materials relating to the Site other than the Materials. Author shall retain all rights with respect to the Materials which are not expressly granted to WEBSITE OPERATOR herein and Author may exercise, sell, license, or otherwise dispose of such rights at any time.
2.2 The Author hereby confirms having cleared all copyright for all Material originated by any third party or otherwise having obtained permission to use the said material on stagexa.xamoudev.com for an unlimited period of time.
2.3 we offer a free service and a paid event calendar service. Anyone can post art related events for free. However, if you are opting for the premium subscription plan you must either be a registered business or charity with a valid VAT number.
3. Order Process
3.1 Services such as advertising space and placement can be provided by the Organisation by ordering them in the following ways:
3.1.1 Via email info@xamou-art.com or via the contact form on our website located at https://www.xamou-art.com/contact-us/ stating clearly in writing that it is either an information request, a request for an estimate or an order.
3.2 posting or emailing us a purchase order
3.3 The person or persons ordering any service must have the requisite authority to order such a service on behalf of the Client. This authority will be assumed at the time of the order.
3.4 Upon acceptance and confirmation of an order you will receive a booking reference.
4. Limitation of Liability
4.1 We shall be not be liable to you as the Client in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
4.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
5. Force Majeure
14.1 Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil disorder or industrial dispute. If such delay or failure continues for a period of at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other.
6. General
6.1 Failure by the Organisation to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless acknowledged by the Organisation in writing.
6.2 It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
6.3 The Organisation reserves the right to change these terms and conditions at any time on giving notice to Clients affected.
6.4 This Agreement sets out the entire agreement and understanding between the Organisation and the Client and is in substitution of any previous written or oral agreements between the Organisation and the Client.
