Policies, Terms and Conditions
Hireartists.org (“Hireartists”) is committed to providing a safe and fair marketplace (the “Marketplace”) for members of the artistic community offering services (“Sellers”) and purchasers/users of those services (“Buyers”). We have therefore put in place these policies, terms and conditions that describe the rules under which the Marketplace will operate. Hireartists, Sellers and/or Buyers hereinafter are jointly referred to as the "Parties" and each separately as a "Party" or “You”.
These policies, terms and conditions, and any other documentation referred to in these policies, terms and conditions (collectively, the “Policies”) shall govern (i) Sellers’ and/or Buyers’ use of the Marketplace and (ii) Sellers’ and/or Buyers’ relationship with Hireartists with respect to the Marketplace and/or any of the services offered or accepted through the Marketplace.
By registering with Hireartists or by using the Marketplace and/or any of the services offered or accepted through the Marketplace, You agree, acknowledge, represent and warrant that You have reviewed and accept and will comply with these Policies and, if You have indicated that You act on behalf of an entity, are authorized to act on behalf of such entity.
Notwithstanding the foregoing, Sellers and Buyers are free, as solely between themselves, to set the price, terms and conditions under which a Buyer may purchase specific services offered by a Seller, which services have been publicized and offered through the Marketplace.
If You do not wish to be bound by these Policies, do not use, access or register with the Marketplace.
Use of the Marketplace
The sale, or the offer of sale, of services that are illegal or promote illegal activity, that are sexual in nature, that contain hate speech or symbols or other abuse content, or that violate the Policies, are not allowed on the Marketplace.
All Parties selling and purchasing services on the Marketplace must be at least 18 years old. Services offered on the Marketplace may be used by a minor who is less than 18 years old, if those services are purchased by a Buyer who is at least 18 years old. If a Buyer purchases services with the intent or understanding that those services will be used by a minor, the Buyer shall so inform the Seller before the services are purchased.
In connection with any agreement by a Seller to sell and a Buyer to purchase specific services, it is the Sellers’ sole responsibility to comply with any applicable tax laws, including but not limited to any withholding or reporting of applicable sales, consumption or value added taxes.
Sellers may use the Marketplace and/or offer their services on the Marketplace by registering with Hireartists. Sellers may offer up to, but no more than, two different types of services at any one time.
Sellers may describe and publicize their services using the Marketplace. Subject to complying with these Policies, Sellers have sole discretion over the specific terms and conditions for which they offer to sell their individual services to an individual Buyer. Any images used by a Seller to describe and publicize their services may only show children, if any, who are fully clothed and may not include images or descriptions of minor (anyone under 18) in a compromising position, even when the images or descriptions are not intended to be sexual in nature.
Sellers are solely responsible for any content they use on the Marketplace to describe and publicize their services. Hireartists does not control such content and makes no representation as the accuracy of any such content. Sellers may only offer services in accordance with all applicable laws, rules and regulations and the Policies. Hireartists reserves the right to remove any and all content from the Marketplace or temporarily suspend the Marketplace when such removal or suspension is necessary to remove content that is not compliant with the terms and conditions of these Policies from the Marketplace.
Buyers may use the Marketplace and/or purchase services offered on the Marketplace by registering with Hireartists. Buyers may negotiate with a Seller over the price, terms and conditions that apply to their purchase of specific services offered by a Seller on the Marketplace.
Buyers shall pay Sellers for any services they purchase using the payment systems (PayPal or Stripe) that are part of the Marketplace.
Changes to the Marketplace and/or the Policies
Hireartists reserves to itself and shall have the right to change the Marketplace and/or any of the Policies at any time. Hireartists shall use reasonable efforts to inform You in advance of any material changes that may affect Your use of the Marketplace in an adverse way. By continuing to use the Marketplace following any such changes, You agree to be bound by the amended Policies.
Intellectual Property Rights
Subject to any agreement between a Seller and a Buyer with respect to a specific service, any intellectual property rights to a service remain the sole and exclusive property of the Seller. You grant Hireartists a perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable and transferable license to use, copy, reproduce, modify, make available and distribute your intellectual property and material for the purposes of making your services available the Marketplace.
Sellers have sole responsibility to ensure that they do not violate any copyrights, trademarks or other intellectual property rights in connection with offering their service on the Marketplace. The offering of and the purchase of services on the Marketplace that infringe on the intellectual property rights of others is not allowed.
Fees and Payment Terms
Sellers and Buyers separately negotiate the cost of any services offered on the Marketplace that the Seller agrees to provide and that the Buyer agrees to purchase. Hireartists does not charge or impose a fee on either Sellers or Buyers with respect to the offer and sale of services on the Marketplace.
Sellers and Buyers may incur fees when using the third-party payment systems, such as PayPal or Stripe, associated with the Marketplace. Such third-party services shall be solely subject to their applicable third party terms and conditions, including any applicable fees.
You agree to indemnify, defend and hold Hireartists, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your breach of the terms and conditions of the Policies, or Your use of the Marketplace or any business, activity or transactions carried out or performed on the Marketplace.
No Warranty, Limitation of Liability
The Marketplace and the use of the Marketplace is provided on an “as is” basis, and Your sole recourse in the event of Your dissatisfaction with the Marketplace or any services offered or purchased through the Marketplace is to terminate your use of the Marketplace. Hireartists makes no warranty, express or implied, and expressly disclaims the warranties or conditions of availability, correctness, non-infringement, merchantability, and fitness of the Marketplace or any of the services offered through the Marketplace for any particular purpose.
In no event shall Hireartists be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits or damages caused due to decrease or interruption in turnover or production) whether in contract, tort or any other legal theory, even if Hireartists has been advised of the possibility of such damages.
Without limiting the foregoing, Hireartists shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of Hireartists, including but not limited to: strikes or other labor conditions; fire, thunderstorms, incidents of severe weather and natural disasters; outages of power, network or network connections; failures, breaches, delays or nonperformance of cloud service providers or other suppliers used in connection with the Marketplace.
Use of Your Information
Hireartists may use general information (such as the name and/or logo) related to You and the Marketplace in its marketing of the Marketplace, consistent with good business practices. You may present Yourself on the Marketplace and in public as a user of the Marketplace, consistent with good business practices and reasonable guidelines published by Hireartists on its website from time to time.
These Policies constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the Parties with respect to the subject matter of the Marketplace.
For the avoidance of doubt, third-party terms and conditions may be applicable to the Marketplace or parts thereof if such third-party services are used by You as a part of the Marketplace. In such case, any third-party terms and conditions shall be solely applicable to such third-party services.
No use of the Marketplace by either Sellers or Buyers shall be construed as creating a partnership, agency, joint venture or any legal entity between Hireartists and You and/or any other Sellers or Buyers. Hireartists is not acting as Your representative or agent with respect to the Marketplace. The relationship between Hireartists and You is one of independent contractors.
Governing Law, Resolution of Disputes
The Marketplace, the use of the Marketplace by Sellers and Buyers, and the interpretation of these Policies are subject to and governed by the laws of New York, notwithstanding New York’s choice of laws rules.
Any dispute, controversy or claim arising out of the Marketplace, the use of the Marketplace by Sellers and/or Buyers and/or the application and interpretation of these Policies, shall be exclusively and finally settled by arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures Rules of the American Arbitration Association. The place of arbitration shall be New York, New York. The language of the arbitration shall be English.