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Terms and Conditions ("Terms of service agreement")

Last updated: November 14, 2014

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.poptop.uk.com website (the "Service") operated by Poptop UK ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member or send booking requests.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

At any case related and during the process of managing booking requests, approving booking requests or canceling booking requests Poptop UK acts as an negotiator only and is not a party of the contract. For this reason we cannot accept responsibility for non-fulfilment or breach of any such contract, but every reasonable safeguard is assured. Taking into consideration we oblige members and customers of Poptop UK to understand that any booking whether confirmed verbally, electronically or in writing will be subject to a contract carrying the following terms and conditions.

Accounts and information

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Poptop UK. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Poptop UK. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, Poptop UK does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Poptop UK hereby expressly disclaims any such affiliation or endorsement.

You may download and copy the Contents displayed on the Site solely for personal use, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site. Use of the Contents or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other applicable laws.

With respect to any photographs, designs, images, video clips, sound clips, or other media files you may provide to Poptop UK for posting on your public profile (collectively, “Submissions”), such Submissions shall remain your property. You hereby unconditionally grant to Poptop UK a non-exclusive, irrevocable and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions solely in connection with the site.

Poptop UK does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user profiles. You represent, warrant and agree (i) that you are authorized to submit the Submissions you provide to us and to license the same to us as set forth above; and (ii) that all Submissions submitted by you to the Site does 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 Poptop UK shall have no obligation to return any content to you should it become damaged or lost.

Poptop UK reserves the following rights:

Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings;

Terminate the membership of any Member without refund and/or pursue legal action against any user of this website who does not comply with these Terms and Conditions, though Poptop UK assumes no obligation to do the same;

Change any fees or charges for using the Site;

Change, edit, add to, disable or delete any public profile information or imagery at our sole discretion, or other Site content, without notice;

Terminate customers accounts that may be putting members at risk, either because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an inquiry;

Revoke any account without refund for acting in a manner Poptop UK deems inappropriate or unprofessional during any aspect of member-to-client or member-to-member interaction, including without limitation: initial contact, booking negotiation, performance or service provision, and settlement of payment due.

Use any information provided for public profile of members for promotional and advertising campaigns.

All members and customers (event planners), who use Poptop UK and agree to the following terms are responsible for the following:

Solely responsible for the content or information you publish or display (hereinafter, “post”) on the Site or transmit to other Members.

Not posting on the Site, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Site does not comply with the foregoing.

You use the Site in a manner consistent with any and all applicable laws and regulations. Not include including in your profile any offensive or sexually suggestive references or post any photographs or other images containing nudity. Poptop UK reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.

Not maintaining current contact information on your profile, including at least one main image. We reserve the right to add any image or edit any information at any time.

Not falsifying identity or misrepresent yourself in any way on the Site or in your Poptop UK public profile.

Not transmit any chain letters, spam or junk email to other Members or to representatives of Poptop UK.

Not expressing or implying that any statements you make are endorsed by us, without our specific prior written consent.

Not harvesting or collect personal information about other Members whether or not for commercial purposes, without our written consent.

Not using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

Not posting, distributing or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

Not interfering with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.

Not posting html code except where instructed in any area of your profile on this Site.

Not posting, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.

You hereby grant Poptop UK permission to add content to your public profile at our sole discretion by uploading content found on the website link that you post as your “Official Website” in order to increase the quality or presentation of your public profile.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to www.poptop.uk.com or our services or the Site in order to direct any person to any other website for any purpose. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.

You are solely responsible for your interactions with other Members. Poptop UK reserves the right, but has no obligation, to monitor disputes between you and other Members.

You will not, for any reason, directly or indirectly submit reviews to a PromoKit with which you are affiliated. Reviews may only be posted by actual clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Also, writing reviews for your competitors with the intent of tearing them down is the lowest form of competitive behavior and will result in immediate termination of your account without refund if we have reason to believe you have done so. As a company we follow the rules and require the same from our Members: treat others the way you wish to be treated. Posting any illegitimate reviews will result in termination of your public profile membership without refund, and we may forever bar you from the Site.

You will not re-sell or re-offer any lead you receive through Poptop UK to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website.

You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from Poptop UK related to your or another Member’s compliance with these Terms.

Failure to comply with these provisions outlined under “Online Conduct” may result in immediate suspension or termination of your right to use the Site without refunding your membership fees. Poptop UK reserves the right, in its sole discretion and in all instances, to determine whether a Member has or has not complied with any provision contained in these Terms.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Poptop UK.

Poptop UK has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Poptop UK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Under no circumstances, including, but not limited to, negligence, shall Poptop UK be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss or profit, arising out of the use, or the inability to use, the materials on this site, even if Poptop UK or a Poptop UK authorized representative has been advised of the possibility of such damages. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Poptop UK has the explicit right to temporarily suspend or permanently de-activate the Membership of any Member who posts contact information on public profiles in not specified areas. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in Profile photos, Profile text, and Profile audio/video samples. Capital letters may not be used when not appropriate in Profile group names and Profile descriptions.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Rights of Third Parties

In addition to the Client and the Artist, the terms of this Contract may be enforced in accordance with the Contracts (Rights of Third Parties) Act 1999 by the Agent.

Subject to clause 19.1, no other person who is not party to this Contract may enforce its terms by virtue of that Act.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Disclosures.

Without limiting any of the foregoing, you agree that Poptop UK may use or disclose information about your act and your use of the Site in accordance with our Privacy Policy, which is incorporated by reference herein. With respect to any information relating to other users of the Site to which you may be permitted 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, without limitation, shall not include the sending of unsolicited communications of a commercial nature; the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or the sale or rental of such personal information to any other parties.

Miscellaneous and force-majeure

In the event of circumstances such as illness, change of personnel or for any other reason, entertainers may substitute regular members of the band or act with a competent replacement without notice or compensation. No reduction in agreed fees will apply.

In the event of the Performance having to be cancelled due to circumstances beyond the control of either the hirer or Poptop UK then neither party will have responsibility to the other for any loss suffered thereby. For the avoidance of doubt no fee will be payable by either party in respect of performances cancelled by force majeure.






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