Terms and Conditions
1. INTRODUCTION
The General Terms and Conditions and the registration data of the ArtistLevel Member (henceforth "ArtistLevel Member"), constitute the whole of the Contract (henceforth "Agreement") undertaken by an ArtistLevel Member and ARTISTLEVEL NETWORKS LDA. (PORTUGAL) (henceforth "ARTISTLEVEL").
Only ARTISTLEVEL has the right to alter any of these documents. The present Terms and Conditions, as well as any changes, additions, revocations or corrections, will be placed on the ARTISTLEVEL website, and will come into effect as of the date of their inclusion.
It is the responsibility of each ArtistLevel Member to regularly review the updated version of these Terms and Conditions and to operate according to them.
2. DEFINITIONS
2.1. ArtistLevel Member
Individual, collective or corporate entity which has been accepted as a member of the network by ARTISTLEVEL.
2.2. Active ArtistLevel Member
An Active ArtistLevel Member fulfils the requisites to maintain his galleries online and make use of all the ArtistLevel services.
These conditions assume the minimal monthly use of ten Slots of the Online gallery.
2.3. Agreement
The compilation of documents that include these General Terms and conditions and the registration data of the ArtistLevel Member.
2.4. Slot
A slot is understood to be a unit of online exhibition which is active and visible to all visitors to the site.
2.5. Auto-Publish
An automated order for monthly renewal of ArtistLevel Member’s online gallery.
2.6. Initial registration
This is the subscription for the status of ArtistLevel Member, which implies a sum for the activation of all the services rendered by ARTISTLEVEL.
3. BECOMING A MEMBER
3.1. Becoming an ArtistLevel Member
A person may become an ArtistLevel Member by correctly filling in the ArtistLevel Member Agreement and sending it in. ARTISTLEVEL reserves the right to reject or accept the ArtistLevel Member Agreement.
3.2. Age
Any person must be at least eighteen (18) years of age to become an ArtistLevel Member.
3.3. Joining and Maintenance Fees
In order to become and maintain an Active ArtistLevel Member, it is necessary to monthly use, at least, 10 online exposition slots at its current price.
3.4. Acceptance of the Terms and Conditions
On completing the registration process, the ArtistLevel Member must confirm that he has read, understood and agrees with the terms of the Agreement.
4. ARTISTLEVEL MEMBER AGREEMENT AND RESTRICTIONS
4.1. Acceptance of the Agreement
An ArtistLevel Member Agreement must be submitted electronically, these conditions notwithstanding, upon acceptance of the conditions, during the registration process artistlevel.org. ARTISTLEVEL may authorise agreements submitted via fax, e-mail or other channels. Any ArtistLevel Member Agreement that is in any way incomplete, incorrect or filled in the wrong country may be deemed not valid.
4.2. Proof of Residence
Upon ARTISTLEVEL’s request, the ArtistLevel Member must provide proof of residence, age and legal qualification in his legal fiscal country of residence.
4.3. ArtistLevel Identification Number
An ArtistLevel Member Identification Number will be emitted following the acceptance of the ArtistLevel Member Agreement for individuals or collective entities. Social Security and Fiscal Identification numbers or any other governmental identification numbers (depending on the country of residence) must be provided to ArtistLevel for fiscal purposes.
4.4. Transmission of Rights
An ArtistLevel Member may not transmit, sign over or by any means concede any rights bestowed by the ArtistLevel Member Agreement to any third party without the express and prior consent of ARTISTLEVEL.
4.5. Joining without Prior Knowledge or Consent
ArtistLevel Members are forbidden to fabricate information or sponsor any individual without his prior knowledge and consent.
4.6. Rejection of Agreement
Without detriment to the rights bestowed on ARTISTLEVEL by the law or by this present Agreement, the latter may reject an ArtistLevel Member Agreement or declare it subsequently not valid if the ArtistLevel Member:
4.6.1. Does not provide documentation requested or required by ARTISTLEVEL;
4.6.2. Provides ARTISTLEVEL false or incorrect information or does not correct said information;
4.6.3. Or, violates any norm in this Section.
5. ACQUISITION OF SERVICES
5.1. Online Orders
Except when specifying the contrary, ARTISTLEVEL demands that all ArtistLevel Member Applications, acquisitions forms, and other forms be submitted online. In the countries where access to the Internet is not available, ARTISTLEVEL may permit ArtistLevel Members to send these in by mail or fax directly to ARTISTLEVEL.
5.2. Acquisition of Optional Material
All acquisitions of product or services are strictly optional and will be available online.
5.3. Business Market
The ArtistLevel Member agrees not to operate in any unauthorised market and agrees not to actively promote in a country which is not officially open.
6. TAXES
6.1. On-line space rental / hosting service
On all the invoices issued by ARTISTLEVEL VAT is charged at the current rate.
By accepting the current Terms and Conditions, ArtistLevel Member, declares the full agreement, to the current clause.
Also, declares the acceptance of all taxes charges applied under the Portuguese legislation.
7. DISSOLUTION
7.1. Non-compliance
The rights conveyed to the ArtistLevel Member as set out in the Agreement, are in effect in the case of the continued compliance with the terms of the latter by the former. In the event of non-compliance with the obligations set out in this Agreement, ARTISTLEVEL reserves the right to dissolve the agreement without detriment to the other rights afforded to ARTISTLEVEL by law or by the present Agreement.
7.2. Dissolution of the Agreement
If ARTISTLEVEL intends to dissolve the Agreement with the ArtistLevel Member, it will send the ArtistLevel Member written notification which gives the latter twenty (20) working days from the date of sending of the missive in which the ArtistLevel Member must provide all the information related to the incident for ARTISTLEVEL’s appreciation. ARTISTLEVEL reserves the right to prohibit activities related to the ARTISTLEVEL activity by the ArtistLevel Member in question as of the date of sending of the missive until such time as the final decision of ARTISTLEVEL is made known.
7.3. Dissolution by the ArtistLevel Member
The ArtistLevel Member has the right to cancel his registration at any moment, without need for justification. The cancellation will come into effect as of the month immediately after the former ceases payment.
8. PUBLICITY AND PROMOTION
8.1. Standards and Direction
ARTISTLEVEL encourages and looks on publicity and promotion as a viable method for the ArtistLevel Member to build up his business. Nonetheless, strict patterns and guidelines are needed to maintain an ethical marketing effort. Thus, these patterns and directions are a part of the Agreement between ARTISTLEVEL and its ArtistLevel Members. Every ArtistLevel Member is an external independent worker and never an employee of ArtistLevel.
8.2. Use of the ARTISTLEVEL Names, Brands and Logos
The Names, Brands and Logos of ARTISTLEVEL, ARTISTLEVEL NETWORKS, LDA., names of employees, corporate names or names similar to these names, brands or logos are the property of ARTISTLEVEL NETWORKS, LDA. and may not be used in any form, including reproductions of literature or in any advertisement.
The exclusive use of the names ARTISTLEVEL and ARTISTLEVEL NETWORKS, LDA. or logos is absolutely forbidden.
8.3. Publicity Approval.
Any use of the name, brand or logo of ARTISTLEVEL or its products must be submitted in writing for the approval of ARTISTLEVEL.
8.4. General Promotions.
ArtistLevel Members may promote their business in any way that is legal and ethical so long as they do not use any names or logos of ARTISTLEVEL.
9. ETHICS
9.1. Activity and Conduct Deemed Unethical
Although this is by not means an exhaustive list, ARTISTLEVEL hereby provides the following examples of activities and conduct deemed unethical:
9.1.1. Making false statements of income or intentionally falsifying information;
9.1.2. Not submitting for ARTISTLEVEL’s appreciation and approval any publicity or sales materials related to the ARTISTLEVEL name before publication;
9.1.3. Use or inappropriate use of the ARTISTLEVEL name, image or logo in printed form or electronic advertising without the express prior written consent of the latter;
9.1.4. Use or inappropriate use of the ARTISTLEVEL logo or brand in any advertising initiatives for sponsorship or recruitment or for any financing activities without the express prior written consent of the latter;
9.1.5. Inappropriate use of the corporate name ARTISTLEVEL;
9.1.6. Any unauthorised duplication of ARTISTLEVEL literature;
9.1.7. Any violation of the Terms and conditions of ARTISTLEVEL;
9.1.8. Intentionally bypassing the Agreement in order to indirectly undertake, carry out or attain that which is directly forbidden;
9.1.9. Under no circumstances is the name ArtistLevel to appear in any URL except those held by the corporation;
9.1.10. and, Spam:
9.1.10.1. The act of spamming is absolutely forbidden. The following, although not exclusively, is considered spamming:
9.1.10.2. Websites that try to reach a greater listing by submitting hundreds of almost identical pages into which are inserted hundreds of keywords in a Web document;
9.1.10.3. Inappropriate attempts at using a mailing list;
9.1.10.4. Sending, via e-mail, mass quantities of promotions or publicity that people have not requested;
9.1.10.5. Non-ethical techniques such as cloaking, mirror sites, and doorway pages so as to deceive the search engine into attributing the webpage a higher priority ranking.
10. LEGAL RELATIONSIP BETWEEN ARTISTLEVEL AND THE ARTISTLEVEL MEMBER
10.1. Legitimacy
The ArtistLevel Member has no authority or legitimacy to bind ARTISTLEVEL to any obligations.
10.2. Concession of Names or Brands
The ArtistLevel Member has no authority or legitimate right to carry our any actions leading to the registration or reservation of names, brands or business names of ARTISTLEVEL; to guarantee approval of business products or practices or to establish governmental or business contacts of any type in the name of ARTISTLEVEL. The ArtistLevel Member agrees to immediately concede to ARTISTLEVEL any names , brands, service brands or business names of ARTISTLEVEL registered or reserved which are in violation of the present Section.
10.3. Fiscal Tax Identification
Every ArtistLevel Member must provide ARTISTLEVEL with a fiscal identification number. A fiscal identification number emitted by a national or federal fiscal authority is demanded to all ArtistLevel Members.
10.4. Fines
Every ArtistLevel Member agrees to compensate and safeguard ARTISTLEVEL from any fines or fiscal penalties he might incur.
10.5. Continuity
The provisions in this section remain in effect until the cancellation of the Agreement.
11. GENERAL STIPULATIONS
11.1. Indemnity.
In as much as the Law allows, ARTISTLEVEL, its directors, representatives, shareholders, employees and contracted workers (collectively referred to as "affiliates") will not be legally responsible, and the ArtistLevel Member expressly exonerates ARTISTLEVEL and its affiliates from, and gives up the right to claim any loss of profits, direct, indirect, special or consequential damages, or any other losses incurred or suffered by the aforementioned ArtistLevel Member as a result of:
11.1.1. Violation by the ArtistLevel Member of the ArtistLevel Member Agreement, including, but not limited to the Terms and condition of ARTISTLEVEL;
11.1.2. The promotion or carrying out of the business of ArtistLevel Member and any activity related to it, including, but not limited to the following examples: the presentation of an ARTISTLEVEL product, the rental of workspaces for training or meetings, etc;
11.1.3. Any data or information incorrectly provided by the ArtistLevel Member to ARTISTLEVEL; and
11.1.4. The failure to provide any information or data necessary for ARTISTLEVEL to operate its business activity. The ArtistLevel Member agrees that the total legal responsibility of ARTISTLEVEL and the ArtistLevel Member, including, by not limited to any responsibility as a result of the contract, equitable compensation will not exceed, and will be limited by the amount of products that the ArtistLevel Member acquired from ARTISTLEVEL under the terms of the current or any other Agreement, and that can be resold.
11.2. Defense
Every ArtistLevel Member will defend and safeguard ARTISTLEVEL from any complaints, damages or legal responsibility arising from the business of publicity of the ArtistLevel Member’s business, or as a result of declarations that may be illegal and/or complaints not approved by ARTISTLEVEL.
11.3. Damages due to Negligence or Ill conduct
Sections 17.2 e 17.3 will not be applicable to any damages as result of gross negligence or deliberate ill conduct on behalf of the managing directors of ARTISTLEVEL.
11.4. Effect of one Norm on the Remaining Norms
The terms of the Agreement are considered binding. The invalidity or inapplicability of any one of the norms does not affect the validity or applicability of any of the other norms.
11.5. Services Solicited
ARTISTLEVEL provides its ArtistLevel Members with services, promotions and information free of charge. For requests by ArtistLevel Members which fall outside the realm of daily ARTISTLEVEL business activity, and which require extraordinary time and effort to execute, including, but not limited to search for copies and reissue of payments, ARTISTLEVEL will charge a fee of forty (40) Euros per hour, plus concrete costs, with a minimum charge of (40) Euros per project, plus concrete costs.
11.6. Privacy Policy
Information provided by an ArtistLevel Member will be used for the ends mentioned herein. No other use will be given to said information.
11.7. Arbitration
ARTISTLEVEL and the ArtistLevel Member may, upon mutual written consent, agree to solve any violation of the present Agreement by recourse to arbitration. The proceedings of the arbitration will take place in the ARTISTLEVEL headquarters.
11.8. Apologies
Any apologies made by ARTISTLEVEL regarding any violation of the present Agreement must be produced in writing and signed by an authorised representative of ARTISTLEVEL. Any apology made by ARTISTLEVEL regarding any violation of the present Agreement on behalf of an ArtistLevel Member will not operate as, and will not be interpreted as an apology for any subsequent violations.
11.9. Causes of Force Majeure
ARTISTLEVEL will not be responsible for delays or failures to fulfil its obligations when these become impractical due to circumstances that go beyond what is within its reasonable control, such as wars, strikes, riots, fires, earthquakes and other natural disasters, limitation on behalf of a partner who is a source of supply, or governmental decrees or orders.
11.10. Adjudicating Court
The Agreement and all subsequent agreements will be adjudicated and interpreted according to Portuguese Law. The application of the United Nations Convention regarding the International Sale of Goods is excluded. Any disputes or complaints regarding ARTISTLEVEL and any other disputes and complaints related to the actions of the parties in this Agreement and in subsequent agreements will be exclusively heard in a competent court in Lisbon, Portugal.
The ArtistLevel Member has read the entirety of this Agreement and understood all its provisions. If an ArtistLevel Member presents a claim or counter-claim against ARTISTLEVEL, the ArtistLevel Member will do so as an individual and not together with any other ArtistLevel Member or as part of a collective action.
The General Terms and Conditions and the registration data of the ArtistLevel Member (henceforth "ArtistLevel Member"), constitute the whole of the Contract (henceforth "Agreement") undertaken by an ArtistLevel Member and ARTISTLEVEL NETWORKS LDA. (PORTUGAL) (henceforth "ARTISTLEVEL").
Only ARTISTLEVEL has the right to alter any of these documents. The present Terms and Conditions, as well as any changes, additions, revocations or corrections, will be placed on the ARTISTLEVEL website, and will come into effect as of the date of their inclusion.
It is the responsibility of each ArtistLevel Member to regularly review the updated version of these Terms and Conditions and to operate according to them.
2. DEFINITIONS
2.1. ArtistLevel Member
Individual, collective or corporate entity which has been accepted as a member of the network by ARTISTLEVEL.
2.2. Active ArtistLevel Member
An Active ArtistLevel Member fulfils the requisites to maintain his galleries online and make use of all the ArtistLevel services.
These conditions assume the minimal monthly use of ten Slots of the Online gallery.
2.3. Agreement
The compilation of documents that include these General Terms and conditions and the registration data of the ArtistLevel Member.
2.4. Slot
A slot is understood to be a unit of online exhibition which is active and visible to all visitors to the site.
2.5. Auto-Publish
An automated order for monthly renewal of ArtistLevel Member’s online gallery.
2.6. Initial registration
This is the subscription for the status of ArtistLevel Member, which implies a sum for the activation of all the services rendered by ARTISTLEVEL.
3. BECOMING A MEMBER
3.1. Becoming an ArtistLevel Member
A person may become an ArtistLevel Member by correctly filling in the ArtistLevel Member Agreement and sending it in. ARTISTLEVEL reserves the right to reject or accept the ArtistLevel Member Agreement.
3.2. Age
Any person must be at least eighteen (18) years of age to become an ArtistLevel Member.
3.3. Joining and Maintenance Fees
In order to become and maintain an Active ArtistLevel Member, it is necessary to monthly use, at least, 10 online exposition slots at its current price.
3.4. Acceptance of the Terms and Conditions
On completing the registration process, the ArtistLevel Member must confirm that he has read, understood and agrees with the terms of the Agreement.
4. ARTISTLEVEL MEMBER AGREEMENT AND RESTRICTIONS
4.1. Acceptance of the Agreement
An ArtistLevel Member Agreement must be submitted electronically, these conditions notwithstanding, upon acceptance of the conditions, during the registration process artistlevel.org. ARTISTLEVEL may authorise agreements submitted via fax, e-mail or other channels. Any ArtistLevel Member Agreement that is in any way incomplete, incorrect or filled in the wrong country may be deemed not valid.
4.2. Proof of Residence
Upon ARTISTLEVEL’s request, the ArtistLevel Member must provide proof of residence, age and legal qualification in his legal fiscal country of residence.
4.3. ArtistLevel Identification Number
An ArtistLevel Member Identification Number will be emitted following the acceptance of the ArtistLevel Member Agreement for individuals or collective entities. Social Security and Fiscal Identification numbers or any other governmental identification numbers (depending on the country of residence) must be provided to ArtistLevel for fiscal purposes.
4.4. Transmission of Rights
An ArtistLevel Member may not transmit, sign over or by any means concede any rights bestowed by the ArtistLevel Member Agreement to any third party without the express and prior consent of ARTISTLEVEL.
4.5. Joining without Prior Knowledge or Consent
ArtistLevel Members are forbidden to fabricate information or sponsor any individual without his prior knowledge and consent.
4.6. Rejection of Agreement
Without detriment to the rights bestowed on ARTISTLEVEL by the law or by this present Agreement, the latter may reject an ArtistLevel Member Agreement or declare it subsequently not valid if the ArtistLevel Member:
4.6.1. Does not provide documentation requested or required by ARTISTLEVEL;
4.6.2. Provides ARTISTLEVEL false or incorrect information or does not correct said information;
4.6.3. Or, violates any norm in this Section.
5. ACQUISITION OF SERVICES
5.1. Online Orders
Except when specifying the contrary, ARTISTLEVEL demands that all ArtistLevel Member Applications, acquisitions forms, and other forms be submitted online. In the countries where access to the Internet is not available, ARTISTLEVEL may permit ArtistLevel Members to send these in by mail or fax directly to ARTISTLEVEL.
5.2. Acquisition of Optional Material
All acquisitions of product or services are strictly optional and will be available online.
5.3. Business Market
The ArtistLevel Member agrees not to operate in any unauthorised market and agrees not to actively promote in a country which is not officially open.
6. TAXES
6.1. On-line space rental / hosting service
On all the invoices issued by ARTISTLEVEL VAT is charged at the current rate.
By accepting the current Terms and Conditions, ArtistLevel Member, declares the full agreement, to the current clause.
Also, declares the acceptance of all taxes charges applied under the Portuguese legislation.
7. DISSOLUTION
7.1. Non-compliance
The rights conveyed to the ArtistLevel Member as set out in the Agreement, are in effect in the case of the continued compliance with the terms of the latter by the former. In the event of non-compliance with the obligations set out in this Agreement, ARTISTLEVEL reserves the right to dissolve the agreement without detriment to the other rights afforded to ARTISTLEVEL by law or by the present Agreement.
7.2. Dissolution of the Agreement
If ARTISTLEVEL intends to dissolve the Agreement with the ArtistLevel Member, it will send the ArtistLevel Member written notification which gives the latter twenty (20) working days from the date of sending of the missive in which the ArtistLevel Member must provide all the information related to the incident for ARTISTLEVEL’s appreciation. ARTISTLEVEL reserves the right to prohibit activities related to the ARTISTLEVEL activity by the ArtistLevel Member in question as of the date of sending of the missive until such time as the final decision of ARTISTLEVEL is made known.
7.3. Dissolution by the ArtistLevel Member
The ArtistLevel Member has the right to cancel his registration at any moment, without need for justification. The cancellation will come into effect as of the month immediately after the former ceases payment.
8. PUBLICITY AND PROMOTION
8.1. Standards and Direction
ARTISTLEVEL encourages and looks on publicity and promotion as a viable method for the ArtistLevel Member to build up his business. Nonetheless, strict patterns and guidelines are needed to maintain an ethical marketing effort. Thus, these patterns and directions are a part of the Agreement between ARTISTLEVEL and its ArtistLevel Members. Every ArtistLevel Member is an external independent worker and never an employee of ArtistLevel.
8.2. Use of the ARTISTLEVEL Names, Brands and Logos
The Names, Brands and Logos of ARTISTLEVEL, ARTISTLEVEL NETWORKS, LDA., names of employees, corporate names or names similar to these names, brands or logos are the property of ARTISTLEVEL NETWORKS, LDA. and may not be used in any form, including reproductions of literature or in any advertisement.
The exclusive use of the names ARTISTLEVEL and ARTISTLEVEL NETWORKS, LDA. or logos is absolutely forbidden.
8.3. Publicity Approval.
Any use of the name, brand or logo of ARTISTLEVEL or its products must be submitted in writing for the approval of ARTISTLEVEL.
8.4. General Promotions.
ArtistLevel Members may promote their business in any way that is legal and ethical so long as they do not use any names or logos of ARTISTLEVEL.
9. ETHICS
9.1. Activity and Conduct Deemed Unethical
Although this is by not means an exhaustive list, ARTISTLEVEL hereby provides the following examples of activities and conduct deemed unethical:
9.1.1. Making false statements of income or intentionally falsifying information;
9.1.2. Not submitting for ARTISTLEVEL’s appreciation and approval any publicity or sales materials related to the ARTISTLEVEL name before publication;
9.1.3. Use or inappropriate use of the ARTISTLEVEL name, image or logo in printed form or electronic advertising without the express prior written consent of the latter;
9.1.4. Use or inappropriate use of the ARTISTLEVEL logo or brand in any advertising initiatives for sponsorship or recruitment or for any financing activities without the express prior written consent of the latter;
9.1.5. Inappropriate use of the corporate name ARTISTLEVEL;
9.1.6. Any unauthorised duplication of ARTISTLEVEL literature;
9.1.7. Any violation of the Terms and conditions of ARTISTLEVEL;
9.1.8. Intentionally bypassing the Agreement in order to indirectly undertake, carry out or attain that which is directly forbidden;
9.1.9. Under no circumstances is the name ArtistLevel to appear in any URL except those held by the corporation;
9.1.10. and, Spam:
9.1.10.1. The act of spamming is absolutely forbidden. The following, although not exclusively, is considered spamming:
9.1.10.2. Websites that try to reach a greater listing by submitting hundreds of almost identical pages into which are inserted hundreds of keywords in a Web document;
9.1.10.3. Inappropriate attempts at using a mailing list;
9.1.10.4. Sending, via e-mail, mass quantities of promotions or publicity that people have not requested;
9.1.10.5. Non-ethical techniques such as cloaking, mirror sites, and doorway pages so as to deceive the search engine into attributing the webpage a higher priority ranking.
10. LEGAL RELATIONSIP BETWEEN ARTISTLEVEL AND THE ARTISTLEVEL MEMBER
10.1. Legitimacy
The ArtistLevel Member has no authority or legitimacy to bind ARTISTLEVEL to any obligations.
10.2. Concession of Names or Brands
The ArtistLevel Member has no authority or legitimate right to carry our any actions leading to the registration or reservation of names, brands or business names of ARTISTLEVEL; to guarantee approval of business products or practices or to establish governmental or business contacts of any type in the name of ARTISTLEVEL. The ArtistLevel Member agrees to immediately concede to ARTISTLEVEL any names , brands, service brands or business names of ARTISTLEVEL registered or reserved which are in violation of the present Section.
10.3. Fiscal Tax Identification
Every ArtistLevel Member must provide ARTISTLEVEL with a fiscal identification number. A fiscal identification number emitted by a national or federal fiscal authority is demanded to all ArtistLevel Members.
10.4. Fines
Every ArtistLevel Member agrees to compensate and safeguard ARTISTLEVEL from any fines or fiscal penalties he might incur.
10.5. Continuity
The provisions in this section remain in effect until the cancellation of the Agreement.
11. GENERAL STIPULATIONS
11.1. Indemnity.
In as much as the Law allows, ARTISTLEVEL, its directors, representatives, shareholders, employees and contracted workers (collectively referred to as "affiliates") will not be legally responsible, and the ArtistLevel Member expressly exonerates ARTISTLEVEL and its affiliates from, and gives up the right to claim any loss of profits, direct, indirect, special or consequential damages, or any other losses incurred or suffered by the aforementioned ArtistLevel Member as a result of:
11.1.1. Violation by the ArtistLevel Member of the ArtistLevel Member Agreement, including, but not limited to the Terms and condition of ARTISTLEVEL;
11.1.2. The promotion or carrying out of the business of ArtistLevel Member and any activity related to it, including, but not limited to the following examples: the presentation of an ARTISTLEVEL product, the rental of workspaces for training or meetings, etc;
11.1.3. Any data or information incorrectly provided by the ArtistLevel Member to ARTISTLEVEL; and
11.1.4. The failure to provide any information or data necessary for ARTISTLEVEL to operate its business activity. The ArtistLevel Member agrees that the total legal responsibility of ARTISTLEVEL and the ArtistLevel Member, including, by not limited to any responsibility as a result of the contract, equitable compensation will not exceed, and will be limited by the amount of products that the ArtistLevel Member acquired from ARTISTLEVEL under the terms of the current or any other Agreement, and that can be resold.
11.2. Defense
Every ArtistLevel Member will defend and safeguard ARTISTLEVEL from any complaints, damages or legal responsibility arising from the business of publicity of the ArtistLevel Member’s business, or as a result of declarations that may be illegal and/or complaints not approved by ARTISTLEVEL.
11.3. Damages due to Negligence or Ill conduct
Sections 17.2 e 17.3 will not be applicable to any damages as result of gross negligence or deliberate ill conduct on behalf of the managing directors of ARTISTLEVEL.
11.4. Effect of one Norm on the Remaining Norms
The terms of the Agreement are considered binding. The invalidity or inapplicability of any one of the norms does not affect the validity or applicability of any of the other norms.
11.5. Services Solicited
ARTISTLEVEL provides its ArtistLevel Members with services, promotions and information free of charge. For requests by ArtistLevel Members which fall outside the realm of daily ARTISTLEVEL business activity, and which require extraordinary time and effort to execute, including, but not limited to search for copies and reissue of payments, ARTISTLEVEL will charge a fee of forty (40) Euros per hour, plus concrete costs, with a minimum charge of (40) Euros per project, plus concrete costs.
11.6. Privacy Policy
Information provided by an ArtistLevel Member will be used for the ends mentioned herein. No other use will be given to said information.
11.7. Arbitration
ARTISTLEVEL and the ArtistLevel Member may, upon mutual written consent, agree to solve any violation of the present Agreement by recourse to arbitration. The proceedings of the arbitration will take place in the ARTISTLEVEL headquarters.
11.8. Apologies
Any apologies made by ARTISTLEVEL regarding any violation of the present Agreement must be produced in writing and signed by an authorised representative of ARTISTLEVEL. Any apology made by ARTISTLEVEL regarding any violation of the present Agreement on behalf of an ArtistLevel Member will not operate as, and will not be interpreted as an apology for any subsequent violations.
11.9. Causes of Force Majeure
ARTISTLEVEL will not be responsible for delays or failures to fulfil its obligations when these become impractical due to circumstances that go beyond what is within its reasonable control, such as wars, strikes, riots, fires, earthquakes and other natural disasters, limitation on behalf of a partner who is a source of supply, or governmental decrees or orders.
11.10. Adjudicating Court
The Agreement and all subsequent agreements will be adjudicated and interpreted according to Portuguese Law. The application of the United Nations Convention regarding the International Sale of Goods is excluded. Any disputes or complaints regarding ARTISTLEVEL and any other disputes and complaints related to the actions of the parties in this Agreement and in subsequent agreements will be exclusively heard in a competent court in Lisbon, Portugal.
The ArtistLevel Member has read the entirety of this Agreement and understood all its provisions. If an ArtistLevel Member presents a claim or counter-claim against ARTISTLEVEL, the ArtistLevel Member will do so as an individual and not together with any other ArtistLevel Member or as part of a collective action.
