Consumer Terms of Service/Buyer Agreement for Whirple.com from Whirple Inc.
Whirple Artist Agreement Terms of Service
Last Updated: January 8, 2018
Below is our Whirple “Terms”, “Terms and Conditions”, which govern your relationship with www.whirple.com website and our other websites (collectively, the “Platform”) operated by Whirple Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Platform.
Your access to and use of the Platform is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, artists, creators and others who access or use the Platform.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Platform.
We may update the Terms at any time. When we do, we will add the “Revision date” at the top of this Agreement, and you may view the most recent version at http://www.whirple.com/terms/.
- What is Whirple
The Whirple Platform is an online marketplace that allows individuals (“End Users”) to view, purchase and purchase event experiences that are created and offered by Artists. We act as an intermediary between End Users and Artists. Our responsibilities under the Terms are facilitating the availability and features of the Platform and collecting payments on behalf of the Artist.
Event experiences mean the (a) in-person live events and online forum discussion and (b) items, goods, collectibles, rarities other products in the physical form offered by Whirple via the Platform. The “Event Listing” consists of the title and description of the event, including but not limited to the price of the event, date and time, past artist and venue ratings, and public question and answers, as applicable.
The Artist refers to a person or entity that has accepted these Whirple Terms in addition to the Whirple Artist Agreement, who creates an event experience via the Platform. In the case of alcoholic beverages, the seller is the alcoholic beverage licensee, who is offering alcoholic beverages for sale.
A Member consists of a person who completes an account registration, including End Users and Artists.
The Artist, not Whirple, is responsible for honoring the purchase details of any event experience. The Artist may require, you, the End User, to enter into an agreement with the Artist. You acknowledge that if you decline to do so, you may not able to participate in an event experience. If this occurs, you may not receive a refund or exchange for the purchase of your event experience. All experiences include the ability to interact with an Artist face-to-face. End Users also have the option to participate in an online forum discussion with other End Users prior to meeting in-person at an event experience. In certain cases, an End User may be required to sign and return a waiver and liability release before you participate in an Event.
Communities are managed and moderated by artists or artist administrators and/or by Whirple. An artist or artist administrator
In order to build a strong trusted community on the Platform, we ask that you provide your real name when creating a Whirple account.
Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended Whirple users.
If you want to use certain features of our Platform, you need to register on our Platform by creating an social networking service (SNS) account with Facebook. You will also be prompted to create an account with a Whirple username and password to become a Member.
After you register with the SNS Account option, we will create your Account by extracting from your SNS Account certain personal information. This includes your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
By becoming a Member, you represent and warrant you are at least 18 years of age or older and have not been barred from using the Platform. For some events, Members, as applicable by law, must be 21 years or older in order to offer or purchase an Event.
There may be additional eligibility requirements and conditions for a particular event experience that is set by the Artist or their entity or artist representative or other artist co-hosts.
We have the right, at our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of the Platform.
It is important you provide us with accurate and complete information and up-to-date records of your account information. If you do not, we may suspend you or terminate your account. You agree to maintain the confidentiality of your password and are solely responsible for all liability and damages that occur under your account. You agree to contact us if there is any unauthorized use of your account or any other breach of security. You agree that Whirple cannot and will not be liable for any loss or damage arising from your failure to comply with this Eligibility section.
Becoming an Artist
You can apply to become an Artist by completing an application bio profile from the main site. Please see our Whirple Artist FAQ page here for further details about becoming an Artist. Whirple reserves the right to approve or reject any Artist application, for any reason.
If you are approved as an Artist, you agree to the terms and conditions under the “Artist Agreement”, which will be available via the application process, where you will be known as an Artist. The Artist Addendum contains terms about the creation of event experiences, financial compensation for Artists and other terms specific to an Artist performing event experiences using the Platform.