Welcome to SHOWBERRIES!!! Showberries Entertainment Private Limited and its affiliates provide you a license to access the website www.Showberries.com subject to the Terms and Conditions set out in this page.
Please read these conditions carefully before using the www.Showberries.com website (the “Showberries Site”). By using the Showberries Site, you signify your agreement to be bound by these conditions. We provide these Terms and Conditions with our Services so that you know what terms and conditions apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. User's use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
ABILITY TO ACCEPT TERMS OF SERVICE:
Use of Showberries Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. Minors i.e. under the age of 18 years, may use the Showberries Site only with the involvement of a parent or guardian. By using the Showberries Site, you affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
The services, products, data and feeds provided in the Showberries Site is provided by Showberries Entertainment Private Limited, which, along with its products and services, is referred to as “Showberries” in these Terms and Conditions.
Although we will attempt to notify you when any changes are made to these Terms and Conditions, you should periodically review the most up-to-date version http://www.Showberries.com. Showberries may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and use of the Services by the User following such modification or revision constitutes User's acceptance of the modified or revised Terms and Conditions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
Showberries does not guarantee or assure any kind of professional lead. Artists profile are made visible to the clients/event planners and it is at their discretion whether or not to contact artists.
Showberries does not sponsor or endorse its artists at any time. Clients who contact artists through our website are solely responsible for the conduct of artists.
Showberries has no role in finalising the booking of artists. Client can negotiate directly with the performers and confirm bookings.
USE OF CONTENT:
All data and materials displayed or performed on the Showberries Site including, but not limited to text, graphics, news articles, photographs, images, tunes, illustrations, audio clips and video clips (the "Content") are copyright owned by SHOWBERRIES, and/or its subsidiaries, associate companies, consultants, partners, agents, suppliers and licensed content providers. The Site is protected by copyright pursuant to Indian copyright laws, international conventions, and other intellectual property laws.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
SHOWBERRIES grants to User a limited non-exclusive, non-transferable, non-sub licensable right to view and play the Content solely for their personal non-commercial use. If a user wishes to use the Content for commercial purposes, user must submit a business inquiry to SHOWBERRIES. Copying, using or storing any Content for other than non-commercial use is expressly prohibited without prior written permission from SHOWBERRIES or from the copyright holder identified in such Content's copyright notice.
Showberries requests that, according to the standard practice, if a User uses any document and/or related graphics (such as images, photographs, maps, charts, and illustrations) available on the Showberries Site, or the Services therefrom, for any research that results in an article, a book, or other publication, the User mentions Showberries as a resource in the user's bibliography and the User shall take prior permission and give proper credit and ensure that the Showberries copyright notice appears on all copies.
Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under the applicable laws. SHOWBERRIES reserves the right to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SHOWBERRIES is concerned that User may have breached immediately preceding sentence any terms and conditions of the Website). If you find objectionable or offensive material on the website, please contact us as soon as possible by emailing.
SHOWBERRIES and other SHOWBERRIES logos, product and service names are trademarks owned by/licensed to SHOWBERRIES by third parties (the "Marks"). Without the prior written permission of SHOWBERRIES, or its appropriate affiliates, User agrees not to display or use in any manner, the Marks. Nothing contained in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks without the express written permission of SHOWBERRIES or such third parties. All other trademarks are the property of their respective owners. User's misuse of the material and/or Marks on the Site and in its Contents, except as provided in this Agreement, is strictly prohibited. User is advised that SHOWBERRIES will aggressively enforce its intellectual property rights in the Site and its Contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
The contents , trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Showberries, subject to copyright, trade mark and other intellectual property rights under the law.
The contents available on the Showberries Site is licensed to you on ‘AS IS’ basis. You may access and use the contents only for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms and Conditions. You shall not download any content unless you see a “download” [or similar link] displayed by Showberries on the Service for that content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Showberries [or the respective licensors of the content]. Showberries and its licensors reserve all rights not expressly granted in and to the Service and the content.
CONTRIBUTION TO CONTENTS:
User acknowledges and agrees that if User contribute anything to the content on the Showberries Site, SHOWBERRIES is hereby granted a perpetual non-exclusive, worldwide, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) and to allow others to do so.
User warrants, represents and agrees that it will not contribute any content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or which otherwise violates any law or right of any third party.
SHOWBERRIES reserves the right to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if SHOWBERRIES is concerned that User may have breached immediately preceding sentence any terms and conditions of the Website).
Artists allow Showberries to publicly share their profile and contact details with various clients (eg. event planners, institutions) globally.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Showberries, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Services;
your violation of these Terms and Conditions;
your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or
any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Showberries, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Services and your use thereof.
To the fullest extent permitted by law, Showberries excludes all warranties, conditions, terms or representations about the accuracy or completeness of the content of the Showberries Site or the content of any sites linked to the Showberries Site and assumes no liability or responsibility for any
errors, mistakes, or inaccuracies of content,
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
any interruption or cessation of transmission to or from our services,
any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.
Showberries does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked services or featured in any banner or other advertising, and Showberries will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
ACCOUNT TERMINATION POLICY:
Showberries will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Showberries reserves the right to decide whether Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Showberries may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
In order to access some features of the Service, you will have to register an account with Showberries with an unique User ID (the “Showberries User ID”) and password. When creating your account, you must provide accurate, complete and updated information which may include but not limited to personal information such as name, e-mail id, mobile number, address etc. Showberries may require further information from the users at any point of time for further continuation of services.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential. You must notify Showberries immediately of any breach of security or unauthorized use of your account.
Although Showberries will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Showberries or others due to such unauthorized use.
Users will be allocated only one account and shall never use another's account under any circumstances. User shall refrain from impersonating or falsely representing User's affiliation with any person or entity. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account.
User shall not select or use as a Showberries User ID, mobile number and/or mail id, a name, number and/or mail ID of another person with the intent to impersonate that person; or use as a Showberries User ID a name subject to any rights of a person other than User without appropriate authorization.
Showberries reserve the right to suspend or cancel your registration immediately at our sole discretion without giving you any reasons.
FEES AND PAYMENT:
Artists/ Professionals are required to pay an annual subscription at the time of their registration. User shall pay the applicable fees, as described on the Site in connection with such Content and/ or Services selected by User.
Showberries reserves the right to change its price list and to institute new charges at any time, which may be sent by email, SMS or posted on the Site. Use of the Content and/ or Services by User following such notification constitutes User's acceptance of any new or increased charges.
Fees once paid cannot be refunded.
User agrees to be financially responsible for all of User's use of the Services and access of the Site (as well as for use of User's account by others, including without limitation minors living with User).
Subscription fees once paid shall in no circumstances be refundable.
Artists can however choose not to enrol only in subsequent years.
Musical contents once bought through the site cannot be returned.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Showberries.com as long as the link does not portray Showberries, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You will not use any Showberries logo or other proprietary graphics or trademark as part of the link without express written consent of Showberries Entertainment Private Limited and / or its affiliates, as may be applicable.