Terms of Service
The terms that govern use of this site and booking services.
1. Acceptance of Terms
By accessing or using the website marcoskennedy.com (the "Website"), operated by Marcos Kennedy ("we", "us", "our"), you ("you", "the User") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you must not access or use the Website.
Scope of Applicability: If you reside within the European Economic Area (EEA), the United Kingdom, or Switzerland, you are entitled to specific statutory consumer protection rights under local law. If you reside outside these regions, your use of the Website is governed strictly by the terms set forth herein, which include limitations on liability and warranty disclaimers to the maximum extent permitted by applicable law.
These Terms are governed by Dutch law.
2. Identity of the Service Provider
In accordance with Article 6:230b of the Dutch Civil Code and the EU E-Commerce Directive, we provide the following information:
- Name: Marcos Kennedy
- Website: marcoskennedy.com
- Contact: available via the contact page on the Website
3. Description of Services
The Website serves as the official online presence for Marcos Kennedy, a professional performing artist. Through the Website, users may:
- View information about the Artist's services, performances, and availability.
- Submit booking enquiries for live performances and events.
- Communicate with the Artist's management team regarding bookings.
The Website does not constitute a marketplace, e-commerce platform, or online store. No goods or services are sold directly through the Website. Submitting a booking enquiry does not create a binding contract; a binding agreement is only formed upon execution of a separate, written Performance Agreement between the Parties.
4. Booking Enquiries
4.1 Submission of Enquiries
- Users may submit booking enquiries through the Website's booking system.
- When doing so, you will be asked to provide personal information including your name, email address, telephone number, event date, location, venue type, guest count, budget range, and event details.
4.2 No Binding Offer
- A booking enquiry submitted through the Website constitutes a request for information and/or a non-binding expression of interest only.
- In accordance with Article 6:217 of the Dutch Civil Code, no agreement is formed until both offer and acceptance have occurred.
- A booking enquiry does not constitute a legally binding offer, nor does it oblige us to accept the enquiry, provide a quote, or enter into a performance agreement.
4.3 Formation of Contract
- A binding contractual relationship for a performance shall only arise upon the execution of a separate, written Performance Agreement signed by both parties, in accordance with Article 6:217 et seq. of the Dutch Civil Code.
- The terms of any such Performance Agreement shall govern the engagement exclusively and shall supersede any information exchanged during the booking enquiry process.
4.4 Accuracy of Information
- You represent and warrant that all information provided in your booking enquiry is accurate, complete, and not misleading.
- We reserve the right to decline or cancel any enquiry based on inaccurate or incomplete information.
5. User Obligations
By using the Website, you agree to:
- Use the Website only for lawful purposes and in accordance with these Terms.
- Provide accurate and truthful information when submitting booking enquiries or communicating through the Website.
- Not attempt to gain unauthorised access to any part of the Website, its servers, or any systems connected to the Website.
- Not use the Website to transmit any malware, viruses, or other harmful code.
- Not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.
- Not scrape, harvest, or collect any information from the Website by automated means without our prior written consent.
- Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Intellectual Property
6.1 Ownership
All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, photographs, and software, is the property of Marcos Kennedy or his licensors and is protected by the Dutch Copyright Act, the Benelux Convention on Intellectual Property (BCIP), and applicable EU intellectual property legislation.
6.2 Limited Licence
We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Website for personal, non-commercial purposes only. This licence does not include any right to reproduce, distribute, publicly display, modify, create derivative works from, or otherwise exploit any content on the Website without our prior written consent.
6.3 Artist's Name and Likeness
The name "Marcos Kennedy", associated logos, and the Artist's image and likeness are proprietary to the Artist. In accordance with the Dutch Portrait Rights Act and applicable personality rights, no use of these is permitted without prior written authorisation from the Artist's management, except as expressly provided in an executed Performance Agreement.
7. Communications and Messages
The Website provides a messaging facility for communication between users and our management team in connection with booking enquiries. By using this feature, you acknowledge and agree that:
- All messages are stored and may be reviewed by our management team for the purpose of administering your booking, in accordance with our Privacy Policy.
- Messages must not contain any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content.
- We reserve the right to remove any message or restrict access to the messaging facility if these Terms are violated, provided that we give you reasonable notice where practicable.
- Communications through the Website's messaging system do not constitute contractual negotiations unless expressly confirmed in writing by the Artist's Manager.
8. Privacy and Data Protection
Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Dutch GDPR Implementation Act. By using the Website and submitting a booking enquiry, you confirm that you have read and understood our Privacy Policy.
9. Disclaimers
9.1 Website Availability
We make reasonable efforts to keep the Website accessible and functioning correctly. However, we cannot guarantee uninterrupted or error-free availability. We reserve the right to modify, suspend, or discontinue the Website (or any part thereof) at any time. Where reasonably possible, we will provide advance notice of planned downtime.
9.2 No Professional Advice
Nothing on the Website constitutes legal, financial, or professional advice. Any information provided on the Website, including indicative pricing or availability, is for general informational purposes only and should not be relied upon as definitive.
9.3 Third-Party Content
The Website may contain links to third-party websites or resources. We do not endorse and are not responsible for the content, products, or services offered by third parties. Your use of any third-party website is at your own risk and subject to the terms and conditions of that website.
10. Liability
10.1 General Liability Provisions
Subject to the specific provisions below, our liability for damages arising from the use of the Website is limited as follows:
- We are not liable for damages arising from the unavailability or incorrect functioning of the Website, except insofar as such damages are caused by our intentional misconduct or gross negligence.
- We are not liable for any indirect or consequential damages, including but not limited to lost profits, lost savings, or damages due to business interruption.
- If, despite the above, we are held liable for any damages, our total aggregate liability shall in no event exceed five hundred euros (EUR 500) per incident or series of related incidents.
10.2 For Consumers in the EEA, UK, and Switzerland
If you are a consumer residing in the EEA, UK, or Switzerland, the limitations above do not exclude or limit our liability for:
- Death or personal injury caused by our negligence.
- Intentional misconduct or gross negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability that cannot be excluded or limited under Dutch law, including the mandatory provisions of Book 6 of the Dutch Civil Code.
Furthermore, the limitations of liability shall be interpreted in a manner consistent with mandatory consumer protection rules, including Articles 6:233 and 6:236-6:237 of the Dutch Civil Code.
10.3 For Users Residing Outside the EEA, UK, and Switzerland
If you reside outside these regions, the following strict limitations apply to the maximum extent permitted by applicable law:
- WARRANTY DISCLAIMER: The Website is provided "AS IS" and "AS AVAILABLE". We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.
- ABSOLUTE CAP: The liability limitation of EUR 500 is a strict aggregate limit for all claims combined, regardless of the nature of the claim.
- NO CONSEQUENTIAL DAMAGES: Under no circumstances shall we be liable for indirect, incidental, special, punitive, or consequential damages, even if advised of the possibility of such damages.
- INDEMNIFICATION: You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your violation of these Terms or misuse of the Website.
11. Responsibility for Your Use
You are responsible for your use of the Website. If your use of the Website, your violation of these Terms, or your violation of any third-party rights causes us to incur damages, you may be liable for those damages in accordance with the general rules of Dutch civil law on liability.
12. Modifications to These Terms
We reserve the right to modify these Terms. Any material changes will be posted on the Website with an updated effective date. Your continued use of the Website after modified Terms have been posted constitutes acceptance of those modifications.
13. Termination and Restriction of Access
We may restrict or terminate your access to the Website in the event of a material breach of these Terms. Where reasonably possible, we will provide notice of such restriction or termination.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.
15. Governing Law and Jurisdiction
A. For Residents of the EEA, UK, and Switzerland:
These Terms are governed by the laws of the Netherlands. You may bring legal proceedings in the competent courts of the Netherlands or, if you are a consumer, in the courts of the country where you reside. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions of your local law.
B. For Residents Outside the EEA/UK/Switzerland:
These Terms shall be governed by and construed strictly in accordance with the laws of the Netherlands, without regard to conflict of law principles. You expressly agree that any claim or dispute arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the competent courts of the District Court of Limburg, location Maastricht, the Netherlands. You also agree not to object to that court being used to resolve the dispute.
16. Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms, we encourage you to first contact us directly in an effort to resolve the matter amicably.
For EU Consumers only: In accordance with Regulation (EU) 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr/.
17. Contact
If you have any questions about these Terms of Service, please contact us through the contact information provided on marcoskennedy.com.