TERMS AND CONDITIONS
1. General information
This document (”Terms and Conditions”) governs the relations between the Company SETCOD SOLUTIONS SRL, a limited company, with an office in Tortusanu, Vrancea County, Romania (”Company”) and the persons who use (”User”) the website mylalala.com (” Website”) and/or the services offered by the Company on the website (”Services”).
The access and use of the website by the Users are conditioned by their observance of this document and the legal provisions in force. The use in any way, access, visit, and/or viewing of the Website content or the contracting of Services involves the adherence of the User to these ”Terms and Conditions” unless the User was previously informed that distinctive use conditions applied for that content.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS DOCUMENT, PLEASE DO NOT USE THEM OR AS APPLICABLE, CEASE THE USE OF THE WEBSITE OR SERVICES OFFERED BY THE COMPANY, AS APPLICABLE.
The Company can revise this document at any time by updating this page. We recommend you to visit this page regularly to read the applicable ”Terms and Conditions”. The continued use of website services represents the acceptance of changes made to this document.
The Services offered by the Company are addressed to (i) Users, natural persons, who visit the website, (ii) Users looking for an artist or band („Client Users”) and (iii) Users, artists, or bands providing entertainment services or looking for Client Users for certain events („Performer Users”).
Now the Services are offered free of charge. The availability of free Services is limited in time, the objective of the Company is to allow the Users to get used to these Services and the functioning of the website. The Company reserves the right unilaterally to limit any time the possibility of free use of Services/a category of Services. The company applies a percentual fee on top of the service cost depending on multiple factors regarding the Performer Users such as popularity, initial costs, market demand at the moment, etc.
2.1. Creation of Account
Certain services are available on the Website without the need to create a user account (”Account”).
In order to have access to all the services offered by the Company on the website, the Users (both Performer Users and Client Users) have to configure an Account by filling in the form available on the website.
By checking the case regarding Terms and Conditions, the Users understand that they signed a service agreement with the Company SETCOD SOLUTIONS SRL (”Agreement”), which will be governed by this document, and the Company has the capacity of provider and the Users have the capacity of beneficiaries.
The creation of an Account can be carried out by Facebook / LinkedIn / Google, in this case, the website will take certain public data of the Users related to his/her Facebook / Google account.
2.2. Responsibilities of Users
By the creation of Account, the Users confirm that: i) they provided true, accurate, and complete data as required by the registration form for creation of Account and ii) they will update when it is necessary, the registration data in order to be true, accurate and complete.
Also, the Users commit not to carry out one or more of the following actions:
ü Publication on the website of material with copyright, if they are not the author or they do not have the permission of the author to publish that material;
ü Publication on the website of obscene, defamatory, threatening or malevolent materials towards another User, natural or legal person;
ü Publication on the website of explicitly sexual images or statements;
ü Publication on the website of materials which contain viruses or software with the intention to destroy any system or information;
ü Uploading, posting, broadcasting, or dissemination in any other way of any content for which they do not have the legal right of broadcasting or dissemination in any conditions;
ü Uploading, broadcasting or dissemination in another way of any kind of advertising, promotional materials, “junk mail”, “spam”, chain letters, pyramidal schemes or any other form of requests;
ü Creation or holding of multiple addresses on the website which are similar or are created on the same subject;
ü Promotion or supply of information about the deployment of illegal activities, promotion of physical or verbal injuries against any group or person or the promotion of any act of cruelty against animals;
ü posting, broadcasting, or dissemination in any other way of personal data (name, address, telephone numbers) or their registration in columns which can be viewed by the other Users;
ü any other actions/deeds which could bring prejudices to the Company/employees, collaborators or business partners of the Company.
The User is solely responsible for all the activities which result from the use of the Website/its content. The User will be liable for the violation of this document and use of the website by not observing it, for violation of the Company’s rights, and for any damages caused to the website, its content, the company SETCOD SOLUTIONS SRL, or any collaborator or business partner of the Company, regardless of the nature of damages thus caused, and he/she is obliged to cover the whole prejudice caused. If the Company discovers irregularities and/or violations of any kind of provisions of this document which lead to the prejudice or disturbance in any way of the activity of the Company (such as the provision of information which is not true, are inaccurate or incomplete, publication of pornographic/erotic content, identity theft/false profile, spam and inadequate language, etc.), the Company SETCOD SOLUTIONS SRL reserves the right, at its free discretion, to annul, limit, restrict, suspend or block the access of the User on the website. In this case, the User can address the Company to the contact data shown on the website, in order to receive the necessary justifications for the measures adopted in the meaning of this article and the date when they were or are applied.
2.3. Client Users
The Client Users can explore for free the entertainment offers published by the Performer Users on the website.
The availability of the booking reservation slots is for informative purposes only, they don’t represent a commitment of our Website or of the Performer Users, therefore is subject to change.
The service prices shown on the Website for the services are subject to change if the context is enforcing so: e.g. the location of the Client User, the time or duration of the event, the event location, the event size, etc.
Implicitly, the service prices are including only the Performer User service without additional equipment such as audio devices, microphones, speakers, sound amplifiers, etc.
The service prices don’t include the logistics of the Performer Users such as Transportation, Security Services, or other tools/assets needed for the show.
The service prices displayed on the website include the commission fee calculated based on the artist’s demand on the market, marketing costs, and various other aspects.
The Client Users are requested to pay an upfront cost in order to confirm their booking with the Performer User, and the rest of the invoice on the day of the event.
The Client Users are responsible to provide a risk-free experience for the Performer Users during the entertainment show activity.
The Client Users might get fully refunded in case of the impossibility of the Performer User to perform on that booking.
2.4. Performer Users
The Performer Users can publish unlimited entertainment offers on the Website, and they are held full responsibility for the accuracy of the ads.
The Performer Users are responsible for the contents published and the quality of the delivered entertainment show.
The Performer Users will get paid at the end of the entertainment show by the Company based on a contract.
The Performer Users might need to refund the Client Users in case of impossibility to deliver the show or inaccurate presentation of the performance.
The Performer Users are responsible for the accuracy of the booking calendar and updating the busy slots accordingly, in order to provide a pleasant experience to the Client Users.
The Performer Users are aware that the Company is not responsible for their logistics e.g. transportation, accommodation, food, etc., and these need to be discussed and arranged prior to the show in order to be expensed from the Client User.
The Company is not liable for any injuries, medical problems, or any other issues regarding Performer Users during their transportation, show performance, or times preparing the events.
3. Liability limitation
The Company does not guarantee the credibility, accuracy of the information published by Users o does not guarantee any opinion expressed by the Users. The Company acts as a passive factor in the online distribution and publication of information provided by the Users. If the checking of certain pieces of information published on the website is requested by a User, the Company will investigate and check the statements and will decide as it thinks fit, if the information has to be removed from the website or the adoption of any other measure is required.
The Users take knowledge and agree that they are solely responsible for the form, content, or accuracy of the information placed by them on the website and for the checking of accuracy of this information by their own means. The Company does not check the advertisements for their accuracy or completeness and does not guarantee their accuracy or completeness or the accuracy or completeness of the opinions expressed by the Users.
The Company is not involved in the relationship between the Client Users and the Performer Users or as intermediary or contract Party or representative of a contract Party. The individual collaboration contracts signed as a result of entertainment offers published on the website by the Performer Users will be signed and enforced without the participation or responsibility of the Company. The Parties to the performance contracts thus signed will respect the legal provisions in force applicable to these work relations, and the Company does not have any responsibility or obligation in this respect.
As the identification of the Users on the Internet is difficult, the Company does not confirm that each User is what he pretends to be. Also, as the Company cannot control the behavior of Users on the website, in case of a dispute with one or more Users, the Company (by its directors and employees) is exonerated from any liability or the payment of any direct or indirect indemnification of any kind, known or unknown, suspected or not, disclosed or not, which occurred in any way related to disputes.
Also, the Users take knowledge and agree that the Company will not be liable for any kind of direct, indirect, accidental, or special damages, including without limitation to the loss of profit, impossibility of using the information from Website or other damages (even if the Company was informed beforehand about the possibility that such losses might occur), resulting from i) use or impossibility of using the services of the website; ii) unauthorized access to your data; iii) declarations or actions of any third party in relation to the Services offered on website and iv) any other problem related to the services of this website.
At the same time, the Users understand and agree to the following statements:
ü The use of Services offered by the website is on own responsibility;
ü The Services are provided according to ”as they are” ”as they are available” principle;
ü The Company does not offer any guarantee that:
o The Services will meet all requirements of the Users;
o The Services will be uninterrupted, on time, safe or without errors;
o The results which can be obtained from the use of website and services made available will be accurate and reliable;
o Any software error will be corrected.
ü Any material downloaded or obtained in another way by using the Services made available by the Company on the website is at the discretion of Users, can be used only on own risk and the Users will be solely responsible for the possible destruction of equipment/terminal from which they access the website or other losses of data which may result from the downloading of this type of content.
In the limit of the provisions of this document – Terms, and Conditions, the Company SETCOD SOLUTIONS SRL cannot be held liable for possible errors which appeared on the website, regardless of cause, including but without limitation to changes, settings, etc., which are not made by the website administrator. The Company is not liable for the prejudices caused as a result of full or partial dysfunction of the website, nor for those resulting from the impossibility of accessing certain links published on the website. Also, the Company is not liable for the content and/or quality of other websites you can reach by various links on the website of the Company. For those websites, the full responsibility will belong to the holders of those websites.
4. Account protection
The access of Users to Account is protected by a username and a password. The Company recommends the Users not to disclose to anyone the username and the password and to exit the Account (i.e. by logging off / signing out), at the end of each session of use.
The Users are responsible for keeping strictly confidential the information and username/ password related to the Account. The Users will be solely responsible for the use of registration, regardless of whether the use was carried out with or without their will. The Company will not be responsible for any moral or material damages by the Users not respecting the security measures of data used to access the website.
The content of the website, including but without limitation to texts, logos, commercial symbols, static or dynamic images, multimedia content, software, scripts, and any other data presented on the website, is the exclusive property of the company SETCOD SOLUTIONS SRL and is protected according to the provisions of Law no. 8/1996 for copyright and related rights.
The copying, distribution, publication, transfer to third parties, change or alteration, use, exposure, the inclusion of any content in another context than the original one intended by the Company, inclusion of any content outside the website, removal of signs which signify the copyright of the Company on the content and participation to transfer, sale, distribution of any materials made by the reproduction, changing or display of website content, without the express written consent of the Company, represent a violation of the copyright of the company SETCOD SOLUTIONS SRL and will entitle it to oblige the guilty persons to pay indemnification and to cover the whole prejudice caused to the Company.
As for the materials uploaded by the Users on the website (any kind of information provided by the Users by website, such as but without limitation to contact data, studies attended, experience held, work conditions, remuneration, description of vacancies, including the comments, suggestions, feedback of Users, etc.), the Company will not claim any ownership right over them. However, by the publication of these materials on the website, the Users agree to give the Company SETCOD SOLUTIONS SRL permission to use the materials, including the right to copy, distribute, transmit, publish, reproduce, modify and translate them, to mention the name of Users in connection with the material transmitted/uploaded on the website. The Users will not claim and the Company will not give any kind of compensation for the use of materials in the way shown above.
6. Final provisions
This document, its contents, website, Services, and any conflict which may appear between the User and the Company will be interpreted according to Romanian law. All the disputes will be first amicably settled, by mutual agreement. If this is not possible, the conflict will be settled by the competent court of law from the Company’s office.
If any provision mentioned above is declared null or unenforceable by a court of law, an arbitral tribunal, or by any other competent authority, the null or unenforceable provision will be eliminated from this document, and the other provisions will remain in force.
The Company reserves the right to unilaterally change the website/its structure whenever it thinks fit, without notification and/or prior consent of the Users and to insert advertising banners of any kind and/or links on any webpage of the website, with the observance of the legislation in force.