Kayzar provides the https://www.mawhooob.app website (the “Site”) and the Mawhooob.app mobile software application (the “App”) to be the “Facebook” for events, marketing and hospitality in the United Arab Emirates (the “UAE”).
The following terms and conditions (the “Terms”) govern the relationship between us, Kayzar Talent Contracting, whether trading as Mawhooob.app or Jukebox.ae or otherwise (“Kayzar”), and you, whether a visitor to or user of the App and/or Site, an artist wishing to post on this website (the “Artist”), or an individual or company wishing to engage the services of such Artist on this site (the “Client”).
These Terms are separated into the following subsections, as applicable to all users of the site:
- General Terms & Conditions
- Terms Applicable to the Mobile Application
- Artist’s Terms & Conditions
- Client’s Terms & Conditions
- General Terms & Conditions
This site is a platform to build profiles today, so that you can make money tomorrow. It provides online booking services and promotional tools for musicians, bands, DJ’s, dancers, hosts, hostesses, performers, event-related service providers, agents, consumers, talent promoters, event planners, and entertainment sellers and buyers of all types. In these Terms, the words “Kayzar”, “we”, “us”, and “our” refer to Kayzar Talent Contracting, a Dubai, UAE entity, together with its affiliates, successors, and assigns. The words “you” and “your” refer to any person accessing or using the Services (as defined below); however, if you access or use the Services on behalf of a company or other entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In any such case, the term “you “shall refer to such entity and its affiliates.
Our Site, including all sub-domains thereof, and our downloadable App, as well as products and services provided by us therein and/or our related products and services, constitute the “Services”, but excluding any third party content or services posted on the App and/or Site (including without limitation any and all content provided by Artists).
In order to ensure a clear understanding of the relationship arising from your use of our Services, we have created these Terms. Together, these Terms govern your use of the Services, so please ensure you read them carefully.
By clicking “I agree” at the end of these Terms, and/or by using or otherwise accessing our Services, you are acknowledging that:
- you have read and understood these Terms, and
- you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access.
If you disagree with any of these Terms in any way, please immediately stop all use of the Services. Should you fail to comply in full with these Terms, then Kayzar reserves their rights in full to all recourse at law and under these Terms, and, as applicable, you should be aware that certain third parties may also enforce their rights at law, whether in respect of intellectual property infringement or otherwise.
These Terms have been written in English, and to the extent any translated version of these Terms conflict with the English version, the English version published by Kayzar prevails, and the Introduction is incorporated by reference as part of these Terms.
1.2 Purpose and Nature of the Services
The Services made available through the Site and App are provided on a free to use basis and all users of the App and Site do so accordingly, whether Clients, Artists or other third parties. Kayzar avails of all limitations of liability as set out under these Terms.
The contents of our Services, and the Services in general, are intended strictly for the purposes of:
- providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and
- facilitating the booking of such talent for engagement to provide entertainment services
(collectively, “Permitted Uses”).
Selling or offering to sell any interest in other tangible goods not related to the Services and/or Permitted Uses, including without limitation in respect of real property and/or any personal property (as opposed to your entertainment services) is not Permitted Use of the Services and is strictly prohibited.
In the course of provision of the Services, and in respect of the Permitted Uses, Kayzar shall monitor and, as applicable, respond to, correspondence between users of the Services and Artists and between other users of the Services.
You represent and warrant that you understand, and agree, that Kayzar is not, shall not be, and shall not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provisions of Services at any event or engagement unless otherwise set out by separate prior written agreement.
Whilst Kayzar takes all reasonable steps to comply with its obligations under these Terms, and to comply with all applicable laws of the UAE, Kayzar does not take responsibility for the content of any Artist’s profile or services offered on any profile. Kayzar does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any Artist or Client profiles. Concerns regarding any such service, resource, or link posted or offered by an Artist should be directed to the particular Artist. Kayzar does not endorse, sanction, or verify Artists on this website. Contacting these artists, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any Artist listed within our Services.
1.3 Changes to/Modifications of the Terms
Without limitation to all other rights enjoyed by Kayzar, we expressly reserve the right at any time to:
- modify these Terms as provided herein, whether by notice to you or otherwise:
- change the Services, including eliminating or discontinuing any content on or feature of the Services, and/or adding new features, categories, business models, offerings;
- terminate the subscription of any Artists or Clients without refund, and/or pursue legal action against any user of this website who does not comply with these Terms. Kayzar assumes no obligation to do the same;
- introduce and/or change any fees or charges for using the Services;
- change, edit, add to, disable or delete any Artist Profile information or imagery at our sole discretion, or other content within the Services, without notice;
- terminate “agencies/Event Planner” accounts we feel may be putting our Artists or Clients at risk, either because they have not provided a valid phone number or because of suspicions we may have regarding the validity of an enquiry;
- monitor any and all interactions under the Permitted Uses including, without limitation, with and between Artists;
- make available for download and installation upgrades of the App, updates and additional features in order to improve, enhance, and further develop the App and our Services; and
- revoke any account without refund for acting in a manner Kayzar deems inappropriate or unprofessional during any aspect of Artist-to-Client or Artist-to-Artist interaction, including without limitation: initial contact, booking negotiation, performance or service provision, and settlement of payment due; and
- generally deal with Services at its sole discretion in accordance with these Terms.
1.4 Intellectual Property Rights Ownership
Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties depicted in any texts, articles, images, illustrations, designs, icons, photographs, images, videos, sounds clips, or any other materials held in respect of the Services (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Kayzar, whether by ownership or under fair use rules. The Services as a whole, are protected by copyright, trademark trade dress and other proprietary rights, all worldwide rights, title and interest in and to which is owned and controlled by Kayzar, as applicable.
Unless otherwise noted, by using a third party’s trademark or trade name within our Services, Kayzar does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Kayzar hereby expressly disclaims any such affiliation or endorsement.
Kayzar respects intellectual property rights, and shall endeavour to promptly remove content, terminate registered users (including Artists), and deny access to others who, in our discretion, infringe the intellectual property rights of others. If you are concerned that any content within our Services infringes any rights you enjoy under copyright law in specific material, please seek legal advice.
Site and Service Use
Except with respect to your use of certain Services that provide for, or facilitate commercial activities, you understand that the Site and Contents are for your personal use only and provided on a free to use basis. Except as expressly permitted by these Terms, the functionality of the Site or App:
- no Contents (other than your submissions) may modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and
- Nothing herein should be construed as granting any license or right to use any Contents, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to Kayzar Site, App, or other Services.
Links to Other Websites and Services and use of Third Party Intellectual Property
Kayzar does not control, or accept any liability in respect of, any availability or content of any postings by a third party (including without limitation Artists), outside websites, application, services, or resources (collectively, “third party services”) to which the Services may link.
Unless stated otherwise, Kayzar does not endorse, sanction, or verify third party services to which our Services link, and we, or our Artists, provide these links merely for the convenience of Clients of our Services. Access to such third-party services is at your own risk, and we disclaim all liability with regard to your access to such third-party services. In addition, we do not endorse, sanction, or verify third party services that link to our Services, even if any logo or mark of Kayzar is used as part of the link to our Services.
Concerns regarding any such third-party services or links thereto should be directed to the particular outside third party service. Where reasonable to do so, Kayzar shall facilitate the contact between you and any provider of third party services on reasonable suspicion of copyright infringement, on a non-liability basis in accordance with these Terms.
All copyright and other intellectual property rights relating to the Artist’s performance and any material used by the Artist during the performance remain vested in the Artist.
No electronic or other recordings of the Artist’s performance can be made without prior consent. Where consent for recording is given, copies of the recording must be supplied to Kayzar Talent Contracting within a reasonable time frame after the engagement.
1.5 Limitation of Liability of Kayzar
Neither Kayzar nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Services. Your sole remedy is a result of any breach or alleged breach by us of these Terms is limited to your ability to discontinue use of the Site and App, and your ability to terminate your participation in any Services. To the extent permissible by applicable law, Kayzar shall have no liability or responsibility for any errors or omissions, on inaccuracies in the content within the Services or information flowing through the Services. Any damages to the venue where the Artist shall perform shall be paid in full by the Artist unless proven otherwise.
From time to time, there may be information on the App or Site that contains typographic errors, inaccuracies and omissions that may relate to product description, pricing, availability and article contents. Kayzar reserves the rights to correct any errors, inaccuracies and change or edit information without prior notice to the customers and/or subsequent to such matters being brought to our attention.
Assumption of Risk
It is understood that the use of the Services is at your own risk. We advise that you take it upon yourself to conduct independent investigations on each potential third party prior to entering into any transaction with them. In no event shall we, the Artist or any other party be involved in creating, producing or delivering the Services, and/or be liable for any financial or other obligations that may arise between you and any other Client(s) of the Service.
You acknowledge that documents posted to and the content available through the Services may contain computer viruses, and you expressly assume that risk. Should you download any such materials from the Services, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstance shall we be responsible for any loss or damage caused by any materials downloaded from the Services.
You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Services.
By using the Services, you agree to indemnify, defend, save and hold harmless Kayzar, and its Artists, managers, employees, agents, representatives, licensors, affiliates, parents, subsidiaries, subcontractors, and partners (collectively, our “Related Parties”) against any loss, claims, judgements, damages, demands, costs, or expenses (including reasonable attorney’s fees and costs), arising out of or in connection with:
- your use of the Services
- any breach or violation by you of these Terms
- any breach or violation by you of any representation or warranty made herein; and/or
- your violation or infringement of any rights of any third party, including without limitation the intellectual property rights of any third party.
We shall endeavour to promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. If a claim is made we shall have the right to withhold payments of any monies due to you, in an amount reasonably related to the claim and potential expenses.
Waiver and Release
By using our Services, you hereby waive any rights of recovery, under any principle of law, that you may have against Kayzar, and you release Kayzar from any claim, cause of action or demand, on account of your use of the Services or the provision of the Services by Kayzar.
Disclaimer of all Warranties
All data and information verified in the Services is provided strictly “as-is” and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding:
- the quality or availability of any postings made by you or another user(s) of the Services;
- whether any scheduled events or engagement will occur;
- whether persons or acts contacted through the Services will appear at any events or engagements;
- the availability of you or any other user of the Site to engage in transactions with other user(s) of the Services;
- any details relating to any transactions you may engage in with any other use of the Services;
- the quality of the listings or other information offered by you or any Client of the Services; or
- the financial condition of you or any Client of the Services.
You must be 18 years old to use the services provided on our Site.
Individuals who are under the age of 18 years, or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Services. The Services are not intended for any children under the age of 13 years old. A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by Kayzar. Some areas of the Site and the App may contain material that is inappropriate for Minors.
The headings and captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of the Terms.
If you have any feedback, questions, concerns, or comments about any of the Services, please contact us. Please be sure to include in your email, the subject, your full name, and your address.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kayzar, at fact or as a result of these Terms or your use of the Services.
Kayzar may send newsletters regarding the latest news/products/promotions etc through email to the Client.
1.7 Governing Law and Jurisdiction
These Terms and the provisions of the Services shall be governed by and construed in accordance with the laws of the UAE, as applied in Dubai courts. This is to cover any conflicts of laws and provisions thereof and, as to matters affecting copyrights, trademarks and patents.
Any dispute or claim arising out of, or in connection with this website shall be governed and construed in accordance with the law of the UAE.
- Terms Applicable to the Mobile Application
2.1 Downloading App from App Providers
The App is available from third party providers of mobile applications (the “App Providers”). If you download our App from a third-party app store (the “App Store”), you acknowledge and agree that:
- these Terms are an agreement between you and Kayzar only, and not with the App Provider.
- if a third-party claims that an application infringes another party’s intellectual property rights, as between the App Provider and Kayzar, Kayzar shall be entitled to be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these terms;
- the App Provider and any of its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider shall have the right (and shall be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and
2.2 License to Download and Use the App
Subject to your compliance with these Terms, we hereby grant you a discretionary, limited, personal, non-exclusive, non-transferable, non-sub licensable, revocable license to use our App, download directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license end user licence agreement, of any authorizing use of such code. We reserve all rights in the App not expressly granted to you by these Terms.
2.3 Devices and Communications Charges
To download, use, or access our App, you will need a compatible “smart” device. We cannot and do not guarantee that the App will be compatible with, or available on, your specific device. Your telecommunication company’s normal messaging, data, and other rates and fees will still apply. You understand that you are responsible for any charges associated with sending or receiving data and communications via your device.
- Artist’s Terms & Conditions
3.1 Online Conduct
At all times when using or accessing the Services, the Artist (and, to the extent applicable any user of the Site) agrees that:
- you are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Services or transmit to the other Artists or Clients.
- you shall not post on the Services, or transmit to other Artists or Kayzar employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually orientated, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us in writing if you believe any material contained in the Services do not comply with the foregoing.
- you shall use the Services in a manner in line with all applicable laws and regulations.
- you shall maintain one main image. We reserve the right to add an image or edit any information at any time.
- you shall not falsify your identity or misrepresent yourself in any way on the Services or in your Kayzar Artist Profile.
- you shall not “stalk” or otherwise harass any person in any way.
- you shall not engage in advertising to, or solicitation of, other Artists to buy or sell any products or services through the Services.
- you shall not transmit any chain letters, spam or junk email to other Artists or to us.
- you shall not harvest or collect personal information about other Artists whether or not for commercial purposes, without written consent from Kayzar.
- you shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or, in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
- you shall not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior full consent of the owner of such proprietary rights.
- you shall not interfere with, or disrupt our services or the Services, or the servers or networks connected to our services or the Services.
- you shall not post html code except where instructed in any area of your profile within the Services.
- you shall not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; nor shall you attempt to disrupt, degrade, impair, or violate the integrity or security of the Services in any way (including, without limitation, “hacking”, “denial of service” attacks, and the like).
- you shall not “frame” or “mirror” any part of the Services, without our prior written authorization from Kayzar. You also shall not use meta tags or code or other devices containing any reference to www.Mawhooob.app or our Services in order to direct any person to any other website for any purpose.
- you shall not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create derivate works from, decipher, decompile or otherwise disassemble any portion of the Services or any source code or other software used in or for the Services, nor shall you cause, assist, or encourage others to do so.
- you are solely responsible for your interactions with other Artists. Kayzar reserves the right, but has no obligation, to monitor or attempt to resolve disputes between you and other Artists.
- you shall respond wholly and truthfully, within three (3) business days to any request for information or other inquiry from Kayzar related to your or another Artist’s compliance with these Terms. Failure to comply with the foregoing provisions outlined under “Online Conduct” above may result in immediate suspension or termination of your right to use the Services, without refunding your subscription fees. Kayzar reserves the right, in its sole discretion and in all instances, to determine whether you have or have not complied with any provision contained in these Terms.
3.2 Disclosures about you by Kayzar
Without limiting any of the foregoing, you agree the Kayzar may use or disclose information about you and your use of the Services in accordance with these Terms, which is incorporated by reference herein. With respect to any information relating to other Clients of the Services to which you may be permitted access through the Services, you agree that you may use such information only in connection with activities related to the purpose of the Services, which activities, without limitation, shall not include:
- the sending of unsolicited communications of a commercial nature;
- the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you;
- the sale or rental of such personal information to any other parties.
3.3 License to Submissions
With respect to any posts, text, photographs, names, images, likenesses, trademarks, service marks, logos, designs, images, video clips, music, musical work, sound recording, sound clips, media files, or other information or materials you may provide to Kayzar for posting on your Artist Profile ( collectively, “Submissions”), such Submissions shall remain your property or your licensor’s property. You hereby unconditionally and irrevocably grant to Kayzar and its affiliates and licensees a non-exclusive, worldwide, transferable, and royalty-free right and license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, edit, create derivative works from, or otherwise use the Submissions in any and all media, now known or hereafter devised, solely in connection with the Services and/or advertisements or other materials promoting the Services. If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as BMI, ASCAP,SESAC or GMR, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations, a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such a notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO or music publisher for the use of your content as authorized in these Terms.
Kayzar shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your Submission as authorized in these Terms. The foregoing licenses and rights granted to Kayzar shall survive your removal of Submissions from the Services, the termination of your account use of the Services, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days. You agree to keep a copy of any Submissions you provide, as Kayzar shall have no obligation to return any Submissions to you, should it become damaged or lost.
You represent, warrant and agree that:
- You own or control all necessary rights in and to the Submissions to use them with Kayzar;
- You have the full right and authority to grant the rights, licenses, and permissions in these Terms;
- All Submissions submitted by you into or through the Services do not and shall not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s); and
- To the extent you do not own any underlying musical compositions, sound recordings, samples, publicity rights, or other materials or content in your Submissions, it is your obligation to secure all appropriate permissions, clearance, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including but not limited to, with respect to Artists, band members, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your Submissions, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your Submissions, and at our request you shall provide us with confirmation of such authorization and payments.
Purpose and Nature of the Services
While we do believe that Kayzar Artists will achieve some amount of exposure from a listing within the Services, we do not guarantee in any way that the use of our Services will produce paying Clients for our Artists. We do not guarantee that Artists who supply services as a result of introductions made through Kayzar will be paid for their services. We do not represent or guarantee that our Services will further the careers of our Artists, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment.
No Partnership, Agency, or Affiliation
Except only as expressly provided otherwise herein, by using the Services you acknowledge and agree that Kayzar is not the partner, agent, joint venture, or otherwise an affiliate of you, any Artist, or any other Client of the Services e.g. (Registration, Payments and Refunds etc).
If you believe the perceived copyright infringement involves content generated by Kayzar, rather than Artists or other Clients of the Services, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.
- Client’s Terms & Conditions
It is acknowledged and agreed that any engagement of services from an Artist by a user of the Services may or shall, as the case may be, be provided by Kayzar under the terms of a separate agreement.
These Terms are provided in respect of the Services only, and any and all arrangements in respect of services to be provided by an Artist are dealt with separately.
4.1 Reserved Rights
Kayzar reserves the right to terminate any Client, agencies and or event planner accounts at its sole discretion where the same may result in harm to an Artist(s), either because they have not provided a valid phone number or because of suspicions regarding the validity of an inquiry, or otherwise.
4.2 No Artists Representations or Partnerships
Pursuant to the other provisions of these Terms (including provision of the Services and Permitted Uses), Kayzar does not make any warranties or representations as to the veracity of the information provided on the website by third parties, including Artists.
In addition, Kayzar does not hold any relationship with Artists whether at fact or otherwise, whether by way of joint venture, partnership, employment, or agency.
Kayzar makes no representations as to the nature of employment of the Artists.
4.3 Engagement of Service
The engagement of the services of an Artist by a Client or a third party through the App or the Site must in any event be strictly be through Kayzar only.
Kayzar is not liable for losses and damages of any kind, whatsoever, whether direct or indirect, general, specific or incidental to people, equipment, venue etc on and off the stage, before, after and during performances.
Kayzar shall not be liable for any damages caused by the Artist during his/her performance.