HOMEDITTY™ SITE TERMS & CONDITIONS
1.1. Welcome to the HomeDitty™ website located at www.homeditty.com (and any other URL owned and/or operated by HomeDitty, LLC from time to time) (“Site”).
1.2. The Site is owned and operated by HomeDitty™, LLC (“HomeDitty”). HomeDitty™ is an online platform specifically designed to make hosting house concerts easy and hassle free. We provide a network of hosts and artists and provide online booking, invitation, and hosting tools for house concert hosts.
1.3. Please read these Terms & Conditions carefully. By accessing or using the Site you become a user of the Site (“User”). A User may be a general User of the Site, or a Host, Artist or Guest (as defined below) or any combination of these.
1.4. As a User of the Site you agree that you have read and understood these Terms & Conditions and that you agree to be bound by these Terms & Conditions, whether or not you create a user account. These Terms & Conditions constitute a legally binding agreement between you and HomeDitty™ (“Agreement”).
1.5. HomeDitty reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users. It is the User’s responsibility to check the Terms & Conditions each time they use the Site.
1.6. For the purpose of these Terms and Conditions the following definitions apply:
“App Fee” means the 10% application fee deducted by HomeDitty from the gross donation amount for a particular HomeDitty House Concert.
“Artist” means an artist who performs at a HomeDitty house concert and creates an artist profile.
“Booking Agreement” means the Booking Terms & Conditions and the booking confirmation on the Site between the Artist & Host for the applicable HomeDitty house concert.
“Credit Card Fees” means the fees charged and collected by the Site’s credit card processor, Stripe, Inc.
“Goal for Attendance and Contributions” means what the Artist is asking the Host to deliver in terms of number of guests and donations. It is not a guaranteed minimum but serves as a guide for the Host to understand the artist’s expectations. Hosts should make every possible effort to meet the Goal for Attendance and Contributions.
“Guest” means a person who attends a HomeDitty™ house concert who is not a Host or Artist.
“Host” means the person hosting a HomeDitty™ house concert at their house or other venue.
“Net Contribution Amount” means the gross donations collected from a particular HomeDitty™ house concert less the Credit Card Fees and App Fee.
“House Concert” means a gig that is organized by a Host via the HomeDitty™ Site.
“Stripe” refers to the credit card processor used by the Site, Stripe, Inc.
“Contribution” means a free will gift given by the Guest to the Artist through a peer to peer crowdfund established by the Host. It is not a ticket, and there are no refunds. It is not a tax-deductible gift.
2.1. HomeDitty™ provides the Site as a platform for Artists and Hosts to connect, book a show, invite friends, collect contributions through a crowdfund, and pay Artists for House Concerts. HomeDitty™ is not involved in the direct operation or organization of each House Concert. It is the responsibility of the Host and Artist to agree on the contribution amount, Goal for Attendance and Contributions, date, times and other details of each House Concert.
2.2. Each Host and Artist agrees that HomeDitty™ is not a party to any Booking Agreements between the Host and Artist, nor is HomeDitty™ an agent or insurer for either Host or Artist. HomeDitty™ has no control over the conduct of Hosts, Guests, Artists and other Users of the Site, and disclaims all liability in this regard to the maximum extent permitted by law. HomeDitty™ is not a 3rd party content provider. Any House Concert bookings made or accepted via the Site are at the Host and Artist’s own risk.
2.3. HomeDitty™ cannot and does not control the conditions or legality of any venue/property where a House Concert is held and to the fullest extent permitted by law, HomeDitty™ is not responsible for and disclaims any and all liability related to any and all such venues/properties.
3. Proprietary Rights in the Site
3.1. All materials on the Site (excluding User Materials, as described in Clause 5) including, but not limited to, underlying software, code, design, text, graphics, footage, photographs, sound recordings, musical works and other files are owned by, controlled by, or licensed to, HomeDitty™ (“HomeDitty Materials”). All rights are reserved. No HomeDitty™ Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of HomeDitty™.
3.2. All Trade Marks, logos, and service marks on the Site are either Trade Marks or registered Trade Marks of HomeDitty™ or third parties that have authorized such use and may not be copied, imitated, or used, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of HomeDitty™.
4. User Accounts
4.1. In order to access the Site as a Host or Artist (or any combination of these), you, the User must first register as an account holder on the Site. This is done by completing the account sign up process and creating a user account (“User Account”).
4.2. The User is solely responsible for maintaining the confidentiality of their User Account and password and for all activities that occur under their User Account.
4.3. The User must notify HomeDitty™ immediately if they believe their User Account has been compromised. HomeDitty™ shall not be liable for any loss or damage that the User incurs as a result of a security breach of their User Account. The User may be liable for any loss or damage that HomeDitty™ incurs as a result of such security breaches found to have resulted from any act or omission of the User.
4.4. HomeDitty™ in its sole discretion reserves the right to make modifications to the features included in the User Accounts at any time. Any such modifications shall be notified to the User at the time the change is implemented.
4.5. As part of the registration process, each User creates a User profile that may be publicly viewable by other Users (“Profile”). Each User is solely responsible for any activity and information attached to their Profile. HomeDitty™ does not provide any content for the Site.
5. User Materials
5.1. Users may upload or ‘post’ content onto the Site and/or exchange certain content via the Site including but not limited to text and images (“User Materials”).
5.2. HomeDitty™ cannot and does not control any User Materials posted on the Site by Users and to the fullest extent permitted by law, HomeDitty is not responsible for and disclaims any and all liability related to any and all such information.
5.3. The User warrants that all User Materials that it uploads and/or ‘posts’ to the Site do not infringe on any third party rights (including copyright or any other proprietary rights).
5.4. HomeDitty™ reserves the right to remove any User Materials in the event that it believes such materials infringe on the rights of others under copyright law, or other applicable law, and HomeDitty™ may suspend or otherwise terminate that User’s User Account in its sole discretion where it deems the User Materials to infringe third party rights. HomeDitty™ may edit or otherwise moderate User Materials in its sole discretion.
5.5. The User acknowledges that HomeDitty™ does not monitor whether Users are complying with local and/or applicable laws or complying with third party rights insofar as the User Materials are concerned and HomeDitty™ is in no way responsible for protecting the copyright, licenses or any other rights of any User or third party.
5.6. The User grants HomeDitty™ a worldwide, royalty-free and compensation-free, non-exclusive perpetual license(s) to use and publicly display the User’s User Materials on the Site or in connection with the Site, or the operation of the Site and in connection with HomeDitty’s business (“License”). HomeDitty™ does not claim any rights to User Materials other than as set out in this Clause 5.
5.7. The User agrees not to use the Site to upload, exchange, post, email, transmit or otherwise make available any content that:
(a) is abusive, obscene, vulgar, slanderous, hateful, threatening, pornographic or any material that may violate any domestic or international laws;
(b) infringes upon the rights of any third party (proprietary rights or otherwise), impersonates any person, User or entity, or otherwise misrepresent themselves or their affiliation with any person or entity;
(c) is unsolicited or unauthorized advertising, promotional materials, junk mail, spam and the like;
(d) contains software viruses or any other malicious computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) has the potential to bring the reputation of HomeDitty™ into disrepute; or
(f) is intended to intimidate or harass another User.
5.8. HomeDitty™ reserves the right without prior notice to remove User Materials from the Site where it deems to fall into any of categories as described in Clause 5.7 above, and HomeDitty™ may suspend or otherwise terminate that User’s User Account in its sole discretion.
5.9. HomeDitty™ does not endorse the User Materials, or any opinion, recommendation, or advice expressed therein, and HomeDitty™ expressly disclaims any and all liability in connection with all User Materials and User communication.
6. Host’s Obligations
6.1. By agreeing to Host a House Concert, you take on full responsibility for the organization of that House Concert, including entering into a Booking Agreement with the Artist, inviting your friends, and running the relevant House Concert.
6.2. The Host is solely responsible for inviting guests to their House Concert. The Host agrees that their House Concert is a private show and is not open to the public. The host agrees that attendance is by invitation only.
6.3. The Host acknowledges and agrees that their address will not be shared with the general public with respect to their House Concert.
6.4. The Host is solely responsible for honoring any confirmed House Concert booking made through the Site.
6.5. The Host may create a House Concert event that will include the relevant Artist, date, suggested donation amount and other concert details (but not including their address) (“Event”). The Host agrees not to make the Event publicly available and is accessed by invitation only and secret code.
6.6. All information that the Host supplies for an Event must be correct and accurate to the best of its knowledge.
6.7. HomeDitty™ reserves the right, at any time and without prior notice, to remove or disable access to any Event for any reason, including but not limited to any Event that HomeDitty™, in its sole discretion, considers a breach of these Terms and Conditions.
6.8. The Host understands and agrees that all Booking Agreements are between the Host and the Artist directly and that HomeDitty™ is not a party to such agreements.
6.9. The Host acknowledges and agrees that, it is solely responsible for its own acts and omissions and is also responsible for the acts and omissions of any Guests or Artists who it invites into its home or venue.
6.10. The Host is solely responsible for obtaining and maintaining its own Home and Contents Insurance and any other insurance policies that the Host deems necessary to protect the Host’s house and belongings. HomeDitty™ shall in no way be responsible for any loss or damage suffered by any Host, Artist or Guest any way. HomeDitty™ strongly recommends that all Hosts obtain appropriate insurance for their homes prior to hosting a House Concert. The Host fully indemnifies and holds HomeDitty™, its Directors, employees and contractors forever harmless with respect to any loss or damage suffered by the Host to their home or property.
6.11. It is the Host’s sole responsibility to monitor noise levels at any House Concert that it hosts and shall be solely liable for any noise complaints, fines or other penalties resulting from excessive noise.
6.12. It is the Host’s responsible to obtain any permits or permissions for their event, if required.
7. Artist’s Obligations
7.1. Where an Artist chooses to perform at a House Concert, the Artist agrees and acknowledges that it is solely responsible for complying with the terms and conditions set out in the Booking Agreement.
7.2. The Artist agrees not to make the details of any House Concert public.
7.3. The Artist acknowledges that the relevant Host has the final decision over who is invited to, and who may attend their House Concert and the Host has the sole discretion as to whether to cancel a House Concert.
7.4. The Artist agrees that HomeDitty™ is not a party to any Booking Agreement, and that, with the exception of its payment obligations set out within these Terms and Conditions, HomeDitty disclaims all liability arising from or related to any such Booking Agreements.
7.5. The Artist understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site and its performance at any HomeDitty.
7.6. The Artist is solely responsible for arranging and paying for all travel and overnight accommodations.
8. Crowdfund Contributions
8.1. The Artist shall set the crowdfund Contribution amount and the Artist shall set the Goal for Attendance and Contributions for each House Concert subject to the Host’s approval.
8.2. All donations will be collected exclusively through the Site. No cash donations will be accepted at the door. All guests must be registered in advance to attend the House Concert.
9.1. Once the Host confirms via the Site that the House Concert has been successfully completed, guests credit cards will be charged for their contribution amount. HomeDitty™ shall collect an App Fee of 10% of the funds collected in the crowdfund.
9.2. Once the House Concert is confirmed, all net contributions will go directly to the Artist’s credit card merchant account which will be tied to the Artists bank account. Funds will be transferred into the Artist’s bank account subject to Stripe’s terms and conditions. Stripe will retain their credit card fees of 2.9% + .30 per transaction.
9.3. In the event that a House Concert is cancelled for any reason, guests’ credit cards will not be charged. Guests are not entitled to a refund if they are unable to attend the House Concert.
9.4. HomeDitty™ is in no way liable for and is under no obligation to act as a mediator between the Host and the Artist in resolving any disputes that arise. It is the sole responsibility for the Host and the Artist to resolve any disputes between themselves.
9.5 Hosts shall not retain any portion of the crowdfund Contributions collected. House concerts are not a commercial venture for the Hosts.
10. No Warranties
10.1. The Site is provided on an "as is" basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use, accessibility or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site and/or the User Materials will be secure or free of viruses or other harmful material or elements, or that any of the User Materials will be correct, accurate, timely or complete.
10.2. The HomeDitty™ Materials may include technical inaccuracies or typographical or other types of errors. HomeDitty™ has the right to make changes, modifications and updates to any HomeDitty™ Materials contained on the Site in its sole discretion and without prior notice.
12. Links to External Sites
12.1. Through this Site the User is able to link to other third party Sites which are not under the control of HomeDitty™. HomeDitty™ has no control over the nature, content and availability of those external Sites. The inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such third party Sites.
13.1. HomeDitty™ is in no way responsible for;
(a) the conduct and behaviour of any User, whether on the Site or otherwise;
(b) any incorrect or inaccurate content on the Site;
(c) any User Material posted on the Site or in connection with the Site; or
(d) the consequences of any malfunction of any equipment or programming associated with the operation of the Site.
13.2. Each User is solely responsible for all communications with other Users via the Site.
13.3. There may be times when the Site is temporarily unavailable to the User due to maintenance or any other reason beyond the control of HomeDitty™. In the event that the Site is unavailable, HomeDitty is in no way responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications or contributions.
13.4. Under no circumstances will HomeDitty™ be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from the User’s use of the Site, any User Material in connection with the Site, or any interactions between Users of the Site, or in connection with any HomeDitty.™
14. User Warranties
14.1. THE USER WARRANTS THE FOLLOWING:
(a) THAT THEY ARE OVER THE AGE OF EIGHTEEN (18) YEARS OLD, OR IN THE EVENT THAT THEY ARE UNDER THE AGE OF EIGHTEEN (18) OLD THAT THEY HAVE THEIR PARENT/GUARDIAN’S CONSENT TO USE THE SITE;
(b) THAT HOMEDITTY™ SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE OR ANY HOUSE CONCERT; AND
(c) THAT THE USER WILL NOT HOLD HOMEDITTY™ RESPONSIBLE FOR OTHER USER’S ACTS OR OMISSIONS, INCLUDING ANYTHING IN CONNECTION WITH THE USER MATERIALS OR ANY HOUSE CONCERT. THE USER AGREES THAT HOMEDITTY™ HAS NO CONTROL OVER, AND DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF THE COMMUNICATIONS, USER MATERIALS, HOUSE CONCERTS, AND THE ACCURACY OF INFORMATION CONTAINED ON THE SITE.
15.1. Each User indemnifies HomeDitty™, and holds its officers, directors, employees and licensors forever harmless from and against any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms & Conditions, or the User’s violation of any laws, regulations or third party rights, the User’s conduct at any House Concert.
15.2. The User indemnifies HomeDitty™, and holds its officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party in the event that any content or information contained on the Site is incorrect or in any way misleading.
15.3. The User hereby indemnifies HomeDitty™, its officers, directors, employees and licensors against any loss or damage suffered in the event that any aspect of the Site does not function as intended for any reason beyond the reasonable control of HomeDitty and particularly in connection with:
(a) service interruptions caused by an internet service provider;
(b) an internet connection;
(c) any fault or deficiency in computer hardware or software; or
(d) any fault or deficiency in audio/visual hardware.
15.4. Should HomeDitty™ in its sole discretion, determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
16.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of HomeDitty™. HomeDitty™ reserves its right to assign the provisions of these this Agreement at any time.
17. Termination & Suspension
17.1. Without limiting the generality of any other clause contained in this Agreement, HomeDitty™ may terminate this Agreement or suspend access to any User Account immediately by notice in writing if:-
(a) the User is in breach of a material term of this Agreement;
(b) the User dies; or
(c) for any of the reasons stated in within this Agreement.
17.2. If a notice of termination is given to the User, HomeDitty™ may, in addition to terminating the Agreement:
(a) disable the User Account in order to prevent the User accessing files stored therein;
(b) retain any monies paid to HomeDitty™ by the User;
(c) be regarded as discharged from any further obligations under this Agreement; and
(d) pursue any additional or alternative remedies provided by law.
17.3. The User may terminate this Agreement at any time by deleting their User Account from the Site. Such termination shall not release the User of any obligations existing at the time their User Account is deleted.
18. Governing Law and Jurisdiction
18.1. These Terms & Conditions and the access and use of the Site shall be governed by and construed in accordance with the laws of the State of Iowa. By accessing and using the Site, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction and venue of the courts of Iowa and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.
18.2. Users are solely responsible for compliance with any applicable laws of the state from which they access this Site.
Booking Terms & Conditions
These Booking Terms & Conditions are to be read in conjunction with the House Concert General Terms and Conditions
1. The Artist agrees to perform at the House Concert in consideration for the payment of the Net Contributions in accordance with the HomeDitty™ General Terms and Conditions.
2. The Artist is solely responsible for its own taxation obligations and HomeDitty™ and the Host are hereby released from all such obligations by the Artist.
3. Artist undertakes to do the following in relation to the House Concert:
a) To co-operate fully with the Host and as reasonably directed by the Host;
b) Provide any promotional materials reasonably requested by the Host;
c) To behave in a professional manner at all times during the House Concert; and
d) To perform the Booking to the best of their ability.
4. The Artist agrees that the Host has the right to use the Artist’s name, approved photographs and other approved material to promote the House Concert.
5. The Artist agrees that HomeDitty™ and/or the Host may film, photograph or otherwise capture the Artist’s performance/s and that HomeDitty™ may use such footage and/or images for promotional purposes relating to HomeDitty™. Any commercial uses of such photographs and/or recordings shall be subject to a separate agreement between HomeDitty™ and the Artist.
6. The Artist agrees to adhere to the performance times agreed with the Host.
7. The Artist and Host agree to not publicly promote or announce the House Concert.
8. The Artist shall be exclusively entitled to sell merchandise at the House Concert and retain all profits from such sales.
9. The Artist is responsible for its own transport and accommodation and neither the Host, or HomeDitty shall be liable for any costs incurred in connection with the Artist’s transport and accommodation in connection with the HomeDitty™.
10. The Artist shall be solely responsible for organizing and paying for all its own sound and lighting requirements for the House Concert, when applicable. House Concerts are meant to be acoustic or almost entirely acoustic.
11. The Host and Artist understand and agree that they should both make every effort to fulfill the booking agreement. The Host or Artist has the right to cancel the House Concert subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God or any other legitimate conditions beyond their control.
12. In the event that the House Concert is cancelled, guests’ credit cards will not be charged, and the Artist shall not be entitled to any fees or payment.
13. If a Booking is cancelled for any reason, the Artist agrees that the Host and HomeDitty™ shall not be liable whatsoever to the Artist for any “Loss” suffered by the Artist by reason of the cancellation or in respect of this Agreement. “Loss” shall mean any loss (including without limitation the expenses already incurred or to be paid by the Artist, loss of profits and anticipated earnings), liability, cost or expense (including without limitation legal expenses on a full indemnity basis).
14. In the event that the Artist does not hold liability or business insurance, the Artist hereby indemnifies the Host and HomeDitty™ from any loss or damage suffered by the Host arising from the Artist’s failure to hold such insurance. The Host and/or HomeDitty shall not be liable for any lost, stolen or damaged property belonging to the Artist.
15. If the Artist does not fulfill its obligations under these Terms & Conditions, it shall not be entitled to receive any fees.
16. The Host reserves the right to change the venue at any time prior to the House Concert and shall notify the Artist of the same as soon as practicably possible.
17. The Artist indemnifies the Host and HomeDitty™ from and against any Loss incurred by the Host arising from the Artist’s breach of any part of this Agreement and any Loss incurred by the Host and/or HomeDitty™ arising from any act or omission of the Artist.
18. Each party warrants that they have the right and power to enter into and fully perform their obligations under this Agreement.
19. Nothing herein shall be construed as constituting an employer/employee relationship, a partnership or a joint venture between the Host, Artist or HomeDitty™.
20. These Terms & Conditions may be varied by HomeDitty™ in its sole discretion. The Host and the Artist may not vary these Terms & Conditions without the prior written approval of HomeDitty™.
21.These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Iowa, without regard to its conflict-of-law provisions.