Terms and Conditions

Welcome to Jams Hunter!

These Terms and Conditions apply to the Jamshunter website located at www.jamshunter.com and to all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions are displayed or to which they are linked (collectively, the “Website”). By using the Website, or by clicking to accept or agree to the Terms and Conditions when this option is presented to you, you acknowledge and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access, install, open, copy, and/or otherwise use the Website nor our Services.

Terminology

The following definitions will be applicable throughout these Terms and Conditions:

Company, we, our, or us refers to Jams Hunter, located at Jankovcova 1632/69, Prague 7, 170 00;
Services means enabling the connection between Artists and Service talent hunters on the Website;
Artist means a person who creates art (actor, musician, dancer, or other performer) using conscious skill and creative imagination;
Talent hunter means a person who searches for an art performed by the Artist;
User refers to an individual identified through a User account, who is either interested in Services or has already created a User account on the Website;
User account means the non-public part of the Website that constitutes the virtual identity of a User, created through registration, through which User can fully access Services and form contracts, accessible to the User after entering the Login credentials;
Login credentials mean a unique combination of the User’s username and password chosen by the User during registration and stored in the Website database;
Agreement means a contract for the provision of the Services concluded between the Company and the User, the subject of which is the provision of a License to the User to use the Website and User account under these Terms and Conditions;
License refers to a license to use the Website and User account under these Terms and Conditions;
Fees mean the sum for the Services to be paid by the User in accordance with the Agreement which excludes any applicable VAT payable (will be added if applicable). The applicable Fees are detailed in Fees schedule.

The Services

We provide an online space for Artists (promote their services) and Talent hunters (access to Artists) to connect and securely conduct business in Prague and surrounding areas. The Website enables a connection between the Artist and the Talent hunter for the purpose of the Artist’s artistic performance for the Talent hunter under agreed terms. Connection is enabled through user accounts created in accordance with these Terms and Conditions below. The Services are accessible to any natural person with full legal capacity to commit under these terms and conditions. The natural person who does not have full legal capacity may obtain limited access to the Website and use the Services only with the prior consent of their legal representative. The Services are also accessible to any legal entity represented by a natural person having the legal capacity to contract on behalf of the legal entity.

The process of concluding the Website Use Agreement and creating a User account

The User agrees to the use of remote means of communication when concluding the Agreement. Costs incurred by the User when using remote means of communication in connection with the conclusion of the Agreement (in particular the cost of the Internet connection) shall be borne by the User. After the User clicks on the “Registration” button on the Website, he will be redirected to the registration form where he will fill in the data required by the Company. The User guarantees that all the information he or she provides in the registration form is accurate, up to date and truthful and is not misleading. The User undertakes to update this information in his or her User account if any changes occur. The User is informed and accepts that the information entered for the purpose of creating or updating the User account is proof of his identity. The information entered by the User commits him/her as soon as it is validated. If the User provides any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate the User account and refuse any and all current or future use of the User account or the Website. The display of the button entitled “Registration” at the bottom of the registration form represents an offer by the Company to the User, for the User account creation for the purpose of entering into the Agreement. The User’s click on the “Registration” button constitutes the User’s unconditional, unequivocal acceptance of the Terms and Conditions, thereby concluding them as an integral part of the Agreement. Upon submission of the completed form, the Agreement is formed and the User account is created. Acceptance of these Terms and Conditions is also materialized by a checkbox (with a link to these Terms and Conditions) when creating an account on the Website. This acceptance can only be full and complete. Any conditional membership is considered null and void. The Company has the right to refuse to register a particular person and not to conclude an Agreement with him/her.

The User account

Immediately after the registration, the User is assigned a User account, the use of which requires an Internet connection. Upon the registration, the User can access his/her personal space through the User Account. From his/her person space, the User can use the functionalities of the Website. In the User account, the Artist can record not only personal data but also his artworks, products, and services. The Artist bears sole responsibility for any misuse, breach of intellectual property rights, and/or violation of any other third-party rights related to these offerings. The Artist may present and offer these items to Talent hunters. If the Users use the Website, they are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer. The User agrees to accept responsibility for all activities that occur under User account. The User has to immediately notify the Company of any unauthorized use of the password or the User account or any other breach of security, and ensure that User exits from the User account at the end of each session. We are not liable for any loss or damage arising from User´s failure to comply with these duties or from any unauthorized use of the User account. The User may access the User account at any time after having identified himself using his username and password. The User undertakes to use the User account personally and not to allow any third party to use it in his place or on his behalf. The User agrees not to create and use more than one personal User account per User on the Website. In addition to all other rights available to Company including those set forth in these Terms and Conditions, Company reserves the right, in its sole discretion, to terminate User account, refuse providing the Services, or cancel orders. The Company is entitled to block or delete the content of the User account if it is in violation of these Terms and Conditions or generally binding legal regulations. In order to investigate the objectionable content, we are entitled to check the User’s content in the User account, which the User agrees to. The User acknowledges that the availability of the Website may be temporarily limited or interrupted, primarily due to reasons related to the update and maintenance of the Website, i.e. hardware and software of the Company, force majeure, actions of a third party or the User. For the purposes of these Terms and Conditions, force majeure means, inter alia, the failure of the server or other hardware used to ensure the operation of the Website or the unavailability of the Website due to the non-functionality of services provided by third parties. When using the Website, the User undertakes to act in such a way that no damage is caused to him/her or the Company, the rights of third parties are not violated and/or legal regulations are not violated.

Obligations of the User

The User undertakes, in his use of the User account, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. In particular, the User (Artist) is solely responsible for the proper completion of all formalities, in particular administrative, fiscal and/or social formalities, and for all payments of contributions, taxes or levies of any kind incumbent upon him/her, where applicable, in connection with his/her use of the User account. The User is informed and accepts that the use of the User account requires connection to the Internet and that the quality of the User account depends directly on this connection, for which the User is solely responsible. The User is also solely responsible for the relations he or she may establish with other Users and the information the User communicates to them. The User is in particular required to ensure:

that his personal data and the information provided on the User account are always correct, complete and up to date;
that the content and offered artworks, products and performances uploaded on the User account do not violate the rights of third parties (in particular property rights, intellectual property rights and personal rights) or morality and/or are not glorifying violence, pornographic, fraudulent, discriminatory, violating personal rights or otherwise unlawful.

The User is in particular obliged to:

fulfil his contractual obligations both towards the Company and towards the other Users. This includes in particular the full and punctual payment of the remuneration owed to the Company or other Users;
treat his access data to the User account confidentially and to not make them accessible to third parties; in the event that his access data is lost, he must immediately change them on the Website or immediately inform us so that we can block the User account;
only offer artworks and performances which are actually for sale or can and are allowed to be provided.

The Users are in particular not permitted to:

harass other Users in an unreasonable manner – e.g., by sending spam or mass mails;
distribute content or make it publicly accessible, unless the content has been lawfully published by the User (the User must have the corresponding intellectual property rights);
place an excessive burden on the Company’s infrastructure or otherwise impair it.

The user must notify the Company immediately if he becomes aware of any use of his or other User accounts that violates the applicable legislation and/or these Terms and Conditions.

Prohibited Uses

The User may use the User Account only for lawful purposes and in accordance with these Terms and Conditions. Without limiting the foregoing, the User agrees not to use the Website and User account: in any way that violates any applicable law or regulation;

to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
to impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing);
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or User account, or which, as determined by us, may harm the Company or Users of the Website, or expose them to liability.

The User also agrees not to:

use the Website and the User account in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or User account;
use any robot, spider, or other automatic device, process, or means to access the Website or the user account for any purpose, including monitoring or copying any of the material on the Website or the User account;
use any device, software, or routine that interferes with the proper working of the Website or the User account;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or User account, the server on which the Website is stored, or any server, computer, or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
otherwise attempt to interfere with the proper working of the Website.

Contracts between Artist and Talent hunter

The Artist and the Talent hunter will communicate through an internal chat system that will be accessible from the User account. The Company will have access to the internal chat system and will act as a market for providing fair and secure deals to both the Artist and the Talent hunter. Our technical features may read the messages the User exchanges with other Users for fraud prevention, service improvement, customer support purposes, enforcement of the contracts entered into with the Users (such as our Terms and Conditions). For example, in order to prevent the circumventing of our contractual system, we may scan and analyze messages sent through the internal chat system to check that the Users do not include any contact details or references to other websites and, where applicable, messages can be blocked, or totally or partially filtered. A contract is concluded once the Artist and the Talent hunter have stipulated its contents. The content of the performance, its price and the venue must always be stipulated.

Payment and escrow service

Upon the concluding of any contract between the Artist and the Talent hunter, the Talent hunter must pay the total price immediately. The system prompts the Talent hunter to proceed with the payment using one of the methods provided. We also contract with third party providers to store payment method information. We’ll provide both the Artist and the Talent hunter with help, but we don’t handle the payments ourselves. Please ensure that the payment details are accurate so that payments made on the Website are safe and secure. Otherwise, the payment might be cancelled or the Talent hunter may be required to prove a payment method is Talent hunters or that the Talent hunters authorised a payment, if the automated software systems think it was stolen.

Payment via credit card

All credit card payments are made directly through the secure systems of Company´s partners for payment processing solutions and their banking partners. Company does not store any information about credit cards since the entire payment verification process is carried out by Company’s partners for payment processing solutions and their banking partners directly. It is the responsibility of the Talent hunter that the selected credit card used to pay the price is active and has sufficient funds available to successfully process the transaction. Any additional charges, generated in case that the credit card is rejected by any reason, will be borne solely by the Talent hunter.

Payment via bank transfer

If the Talent hunter chooses to make the payment via bank transfer, the Talent hunter undertakes to pay the agreed amount according to the payment instructions sent by Company after the choice has been placed. The instructions will include information on how to pay, including details about the Company’s bank account, the amount to be transferred, etc. The Talent hunter needs to pay in accordance with the reference data as specified in the payment instructions. Any bank-related charges, generated by the bank transfer, will be exclusively borne by the Talent hunter. Wire transfers should only be paid in the currency and to the bank account specified in the ordering process or the transactional email provided. Any currency conversion fees that may arise are borne by the Talent hunter exclusively. We have no liability for transactions which are incorrect as a result of inaccurate data entry or for loss of data or information caused by factors beyond our control.

Escrow service

The Artist and the Talent hunter expressly authorize and instruct the Company to act as escrow agent in connection with each contract entered by the Artist and the Talent hunter subject to these Terms and Conditions. Company expressly agrees to act as an escrow agent in connection with contract entered by the Artist and the Talent hunter subject to these Terms and Conditions. All money the Talent hunter pays will go into a separate escrow account that’s safely controlled by the Company until the artistic performance by the Artist is provided. Then, the price and any other costs the Talent hunter has paid will be released to the Artist´s account. If there are any issues with the artistic performance, the Talent hunter must report the issue to us within 2 calendar days from the day the artistic performance has been or should have been provided (the Refund Request Period). This will suspend the release of the price to the Artist´s account and all money for it will continue to be held in escrow until the issue is resolved. If the Talent hunter doesn’t report an issue to us within the Refund Request Period, the price will automatically be released to the Artist´s account.

Handling issues

We suggest discussing with the Artist first to explain what issue the Talent hunter is experiencing so both of them can agree on a resolution they are both happy with. But if the Artist and the Talent hunter are unable to reach a solution, they can escalate the issue to us. If an issue is escalated to us, we’ll review the case and may ask the Artist and the Talent hunter to provide us with information and evidence to inform the objective decision about whether the case is eligible for a refund or not. Based on the documentation provided, we will assess the case and decide whether the prize or part of it will be transferred from the escrow account to the Artist’s account or returned to the Talent hunter´s account. If the parties do not accept our decision, they can go to court to have their case decided authoritatively.

The Company’s role

The Company provides a venue for Artists and Talent hunters to negotiate and complete transactions. Accordingly, the contract concluded on the internal chat system is solely between the Artist and the Talent hunter. The Company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Artist’s agent. The Artist is responsible for the artistic performance and for dealing with any Talent hunter´s claims or any other issue arising out of or in connection with the contract between the Artist and the Talent hunter. Because The Company wants the Talent hunter to have a positive experience, the Company provides to the Talent hunter the escrow service in addition to any contractual or other rights or remedies that the Talent hunter may have against the Artist or any other party.

Fees and taxes, payment authorization

Both the Artist and the Talent hunter are obliged to pay the Fees listed in the Fees schedule to the Company. The User must keep a valid payment method on file with us to pay for all incurred and recurring Fees. The Company will charge applicable Fees to the valid payment method that the Artist and the Talent hunter authorize (“Authorized payment method”), and the Company will continue to charge the Authorized payment method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in CZK, and all payments will be in CZK. We may require the User to provide valid credit card information, bank information, or other accepted payment information upon the registration mentioned above. The Fees payment(s) through the online payment transaction service may only be made with a credit card or debit card that we accept and that has been issued to the Artist and the Talent hunter as the cardholder, and for which they have provided us with the information we require to process payments. We may elect to accept or decline any credit card or debit card for any reason, in our sole discretion. A valid payment method must remain on file to pay all Fees listed in Fees schedule. Any Fees will be charged to the valid payment method. If we are unable to process payment of Fees using the valid payment method, we may make subsequent attempts to process payment of Fees using the payment method. If the payment of Fees is unsuccessful within 4 days of our initial attempt to process payment, the Company may freeze the User account. The Artist and the Talent hunter are responsible for all taxes relating to the User account or use of the Services. Each charge will be considered valid unless disputed in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All Fees are exclusive of applicable taxes, fees or charges now in force or enacted in the future. The Company may change the Fees listed in Fees schedule from time-to-time. We will provide the User with 30 days advance notice prior to any changes in Fees via the email address provided in the User account. The Company will not be liable to the User or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof). The Artist and the Talent hunter are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, Fees, surcharges and additional charges that arise from or as a result of any contracts between the Artist and the Talent hunter use of the Services. Any contract made through the Services is directly between the Artist and the Talent hunter.

Intellectual property

We grant the User a limited, revocable and non-sublicensable License to use the Website and the User account only for the purposes set out in these Terms and Conditions. The Users are entitled to use the User account exclusively for their needs in accordance with the applicable laws of the Czech Republic and the European Union, in particular the GDPR. The User is not entitled to distribute or transfer the collected data to third parties in any way. The User understands that for each purpose of use of personal data it is obliged to have the appropriate legal title. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Czech Republic and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Term and termination

The term of these Terms and Conditions will begin on the date of the User´s completed registration for use of the Services and continue until terminated by us or by the User, as provided below (“Term”). The User may cancel the User account and terminate the Terms Conditions at any time by contacting the Company and then following the specific instructions indicated to the User in Company’s response. Without limiting any other remedies, we may suspend or terminate the User account for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that the User (by conviction, settlement, escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Agreement will be without prejudice to any rights or obligations which arose prior to the date of termination. Upon termination of the Services by either party for any reason:

the Company will cease providing the User with the Services and the User will no longer be able to access the User account;
unless otherwise provided in the Terms and Conditions, the User will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to the Company for the use of the Services through the effective date of such termination will immediately become due and payable in full; and
the User account will be taken offline.

If there are any outstanding Fees owed by the User at the date of termination of the Agreement, the User will receive one final invoice via e-mail. Once that invoice has been paid in full, the User will not be charged again.

Communication channels

Established communication channels include the option for the User to reach out to the Company in writing through the contact form on jamshunter.com or via a direct email address using the @jamshunter.com email domain. Alternatively, the User can contact the Company through a telephone call using one of the available telephone numbers on jamshunter.com or the direct telephone number of a Company´s representative.

Third party links and content

For User´s convenience, the Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from the Website. If the User chooses to access any such sites, the User does so at his risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from User´s use of them. The User are subject to any terms and conditions of such third-party sites. These Terms and Conditions constitute the entire and only Terms and Conditions between the Company and the User in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms and Conditions, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms and Conditions, save those expressly set out in these Terms and Conditions, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms and Conditions save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. The User acknowledges that the Company concludes the Agreement in the ordinary course of business with a large number of other persons and the Agreement is by its nature binding in the long term for repeated performances of the same kind with reference to these Terms and Conditions. It is undisputed by the Company and the User that the nature of the Company obligations under these Terms and Conditions implies and, prior to the conclusion of the Agreement, already implied a reasonable need for a subsequent amendment to these Terms and Conditions. Therefore, the Company and the User agree that the Company may unilaterally amend these Terms and Conditions to a reasonable extent, and also agree that the amendment to the Terms and Conditions shall be notified to the User, as the other party via the email address provided in the User account. In such a case, the User has the right to refuse the changes to the Terms and Conditions and to withdraw from the Agreement. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

Warranty and liability

The Company is only liable for damage caused intentionally and by gross negligence. Any further liability, such as for indirect damage, loss of profit, loss of data and consequential damage, is excluded to the extent it is legally permitted. The Company excludes any further liability against themselves, any auxiliary persons and/or vicarious agents. In particular, the Company excludes any warranty and liability:

for any content which is reproduced on the platform, in particular with regard to correctness, completeness and actuality. The Company also excludes any liability for damages that may arise for the User or third parties from the use of this content;
for content transferred by Users to the Website and artworks and performances offered on it. The Company does not guarantee that the content is true and that the artworks and performances are genuine and without third-party rights, nor that they correspond to the expected quality and value. The User is solely and fully responsible for the content and the offered artworks and performances presented by him on the Website;
for references and links to third-party websites. Access to and use of such websites is at the User’s own risk;
regarding the existence of the Users. The Company can neither guarantee that the respective User is actually the person he claims to be nor that he exists at all. In this respect, Users act at their own risk;
for damages in connection with the abuse of access data to the User accounts by unauthorized third parties.

The Company endeavors to ensure proper operation of the Website with high availability. However, we do not guarantee the uninterrupted usability or accessibility of the Website, nor is it liable for technically caused failures or restrictions (e.g., due to maintenance work). If the Company is unable to fulfil its contractual obligations due to force majeure or technical malfunctions caused by third parties (e.g., hackers), the User concerned has no claim to fulfilment of the Agreement for the duration of the event and thus no claim to compensation.

Privacy and data protection

The Company is firmly committed to protecting the privacy of the User´s personal information and the personal information of other customers. By using the Services and Website, you acknowledge and agree that Company’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Applicable Law and Jurisdiction

These Terms and Conditions and the contracts to which these Terms and Conditions apply will be interpreted in light of the laws of the Czech Republic. All possible disputes arising from these Terms and Conditions or from the contracts to which these Terms and Conditions apply will be resolved in the courts of the Czech Republic. In case of differences in meaning between the various translations of these Terms and Conditions, the text originally written in English language shall prevail. The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Miscellaneous

These Terms and Conditions, including policies and information linked from or incorporated herein or otherwise found on the Website, constitute the entire Agreement between the User and the Company with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. The User may not assign, transfer, or sublicense any of his rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfil any obligation due to causes beyond our control. This version of the Terms and Conditions enters into force on 30.8.2024