Last Modified: July 31, 2024
These terms of use are entered into by and between you ("you" or "User") and Performidi, Inc. ("Company," "we," "our," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of www.performidi.com (the "Company Website") and when applicable, our Performidi web application(s) and any other Company applications, websites, browser extensions or plugins (collectively the “Performidi Platform”), including any content, functionality, and services offered on or through the Performidi Platform, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Performidi Platform. By using the Performidi Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Performidi Platform.
To use or access the Website, you must (a) be 18 or older or, if you are from 13 to 17 have your parent or guardian’s consent to the terms of these Terms of Use, and (b) possess the ability to enter into a binding contract with us and not be barred from doing so under any applicable laws. Children under 13 years old are not permitted to register for the Website, and parents or legal guardians may not register on their behalf. If you are a parent or legal guardian entering these Terms of Use for your child or a child in your legal care, please be aware that you are fully responsible for the child's use of the Website, including any financial charges, legal liability, and damages they may incur, until they reach the age of 18.
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Performidi Platform thereafter.
Your continued use of the Performidi Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time to be aware of any changes, as they are binding on you.
With Performidi, our Company provides the following:
There are two methods for users to log in and place orders: online through our web application or via your DAW or personal computer using the Performidi plugin. The order process, from website login to finalizing the purchase, is as follows:
By placing an order and accepting these Terms of Use, you commit to a binding contract, agreeing to pay all charges incurred through Performidi Platform, including shipping and handling. You are responsible for applicable taxes. We reserve the right to limit product quantities, discontinue services, impose conditions on promotions, restrict users, and refuse services with or without notice.
Performers (Service Providers): For each project, up to 3 Performers can submit auditions. Selected Performers receive the maximum payment within the project's specified range, and those with Valid Auditions who are not selected split the remaining payment. Performers may be hired for additional revisions, for which they will receive additional payments upon project completion, provided that they submit a Valid Revision.
We reserve the right to modify or withdraw the Performidi Platform without notice, and we are not liable for any unavailability. You are responsible for access arrangements and ensuring compliance with these Terms. Please provide accurate information for registration, governed by our Privacy Policy, and keep login details confidential. In the event of unauthorized access, notify us immediately. Exercise caution when using public computers. While profiles maintain privacy, they may reveal usernames and some details during auditions and work-for-hire engagements.
The Performidi Platform 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) is owned by the Company, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use authorize your personal, non-commercial use of the Performidi Platform. However, it's clarified that the scope doesn't extend to the actual files Producers receive through our service. Musicians providing services and Producers or record labels utilizing our Performidi Platform may engage in commercial activities. Notwithstanding the foregoing, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Performidi Platform, except as follows:
You must not:
You are restricted from:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Performidi Platform in breach of the Terms of Use, your right to use the Performidi Platform will stop immediately. At our discretion, you are required to either return or destroy any copies of the materials you have created. This pertains specifically to marketing materials. Regarding audio files received during the audition phase, Producers may download only the files they purchase out of the three different files provided. No right, title, or interest in or to the Performidi Platform or any content on the Performidi Platform is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Performidi Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the brand Performidi, the Company logo, and all related names, logos, product and service names, designs, and slogans (“Brand Elements”) are trademarks of the Company or its affiliates or licensors. You must not use such Brand Elements without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Performidi Platform are the trademarks of their respective owners.
The Performidi Platform functions as a marketplace facilitating collaboration between Performers and Producers. Intellectual property created throughout the course of this collaboration, including but not limited to songs, videos, and any other creative work, is owned exclusively between the involved Performers and Producers. The Performidi Platform explicitly disclaims any rights or ownership regarding the work created within the Performidi Platform. No automatic assignment of intellectual property rights to the Performidi Platform occurs. Users retain ownership of their intellectual property, and the Performidi Platform does not claim any rights to the content voluntarily created/uploaded by users for marketing or any other purposes without explicit user indication to the contrary.
You may use the Performidi Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Performidi Platform:
Additionally, you agree not to:
The Performidi Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, activity feeds, private group features, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Performidi Platform.
More specifically in our community Performidi Platform, you may use the following options:
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Performidi Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. We will not publish your User Contributions to the general public. To be clear, we do our best not to monitor or mine your user content or data unless it is absolutely necessary to operate and manage our Performidi Platform, and we never share your data or content with third parties for marketing purposes.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute. You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Performidi Platform.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Performidi Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Performidi Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Company responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Performidi Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:
support@Performidi.com
Subject Line: DMCA Compliance
Please provide the following information:
In the collaborative relationship on the Performidi Platform, Performers and Producers mutually acknowledge the necessity of sharing confidential information for work delivery while prioritizing its protection from unauthorized use. Both parties commit to treating shared information with the utmost sensitivity, considering it highly confidential, and agree not to disclose it to third parties. They undertake to maintain strict confidence, using the information solely for delivering the ordered work and refraining from any other purposes. Additionally, copying or reproducing received information is prohibited without explicit permission from the other party. This shared commitment establishes a foundation of trust and privacy, ensuring the secure exchange of information between Performers and Producers, integral for the successful completion of ordered work while upholding the confidential nature of shared information. Users are encouraged to adhere to these principles for a confidential and trustworthy collaborative experience on the Performidi Platform.
The information presented on or through the Performidi Platform is made available solely for general information purposes. We do not warrant this information's accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Performidi Platform, or by anyone who may be informed of any of its contents.
The Performidi Platform may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
We may update the content on the Performidi Platform from time to time, but the content is not necessarily complete or up to date. Any of the material on the Performidi Platform may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Performidi Platform is subject to our Privacy Policy. By using the Performidi Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
No fees for shoppers: While you are obligated to pay the sale price, including applicable sales taxes and other government fees, for any items you purchase through the Performidi Platform, the Performidi Platform is made available to shoppers without the assessment of a membership or subscription fee.
Products
Producers (our customers) can commission custom audio recordings through our Producer's dashboard, producers.performidi.com, or via their DAW or personal computer through the Performidi plugin.
Performers (our service providers) can view and audition for gigs and, upon completion, initiate payouts through our Performer’s dashboard, performers.performidi.com.
Company Fees
We currently take a 20% fee for all Auditions and Revisions. Producer payments are collected upfront to ensure Performers always get paid out.
Subscription Services
When applicable, the Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize the Company to charge periodically, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription within the Producers' Dashboard before it renews to avoid billing the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). The Company may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through your settings page in your user profile for the paid feature.
Performidi, in its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”). Promotions cannot be used on past Orders. Promotions are non-transferable, and there is no cash alternative. Promotions cannot be used in conjunction with other Promotions or Offers and must be used by the date published, if any. The Company reserves the right at any time without notice to retract or change any Promotions.
Performidi reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any Client from making or completing any or all Order(s); and (iv) refuse to provide any Client with any product or service.
To facilitate payment of fees, users must furnish billing details, including name and billing address, either directly to Performidi or its third-party payment processor, Stripe. Users commit to settling amounts owed to Performidi for services not canceled, as per these Terms, utilizing the payment methods specified on the Performidi Platform. Users expressly authorize the collection of such sums through the designated payment methods, either directly by Performidi or indirectly through our third-party online payment processor, Stripe.
Refunds
All refunds are at the Company’s sole discretion. Users must open a support ticket with the details and project ID pertaining to their issue, and we will then decide whether to issue a refund. In case one of our Performers (service providers) encounters an issue with payouts, they must also open a support ticket to rectify the issue. Payouts to Performers are guaranteed only if they submit a Valid Audition or Valid Revision.
If the Performidi Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Performidi Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Performidi Platform is based in the State of Georgia in the United States. We make reasonable commercial efforts to maintain compliance with the laws, rules and regulations pertaining to all 50 states of the United States. However, we make no claims that the Performidi Platform or any of its contents are accessible or appropriate either inside or outside of the United States. Access to the Performidi Platform may not be legal by certain persons in certain states and countries. When you access the Performidi Platform anywhere worldwide, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Performidi Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY'S AND ITS AFFILIATES', INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED XXX.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Performidi Platform, including, but not limited to, your User Contributions, any use of the Performidi Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Performidi Platform.
All matters relating to the Performidi Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Performidi Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and Fulton County. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Performidi Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, Privacy Policy and if applicable, any Session Contracts or NDAs, constitute the sole and entire agreement between you and Performidi, Inc. regarding the Performidi Platform and supersede all prior and contemporaneous understandings, NDAs, Session Contracts, agreements, representations, and warranties, both written and oral, regarding the Performidi Platform.
You agree to receive communications from the Company, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to us, you are required to notify us when you cease to own or control that number to help prevent us from sending communications to others who may acquire that number.
This website is operated by:
Performidi, Inc.
1438 Kelley Way
Hiawassee, GA 30546
All feedback, comments, requests for technical support, and other communications relating to the Performidi Platform should be directed to: support@Performidi.com.