The Invisible Performances from Steve Giasson (hereinafter, the 'Artist') is a work which consists of more than 130 textual statements that correspond to as many performances that can be activated in public or private space and documentation (photographs, videos, sound tracks, texts, etc.) surrounding these activations (below, the «ŒUVRE»). The ŒUVRE is broadcasted via a platform available on the Website www.performancesinvisibles.dare-dare.org (hereinafter, the 'PLATFORM'). The ŒUVRE and the PLATFORM are collectively designated as Invisible Performances.
Invisible Performances is produced and broadcasted as part of the programming of DARE-DARE, which aims to support research and enhance the involvement of artists with emerging practices. The artists’ center manifested an interest in experimentation, collaboration with various cultural and/or community agencies and the diversification of work presentations and artistic interventions forms. The role of DARE-DARE in the artistic community is to represent a point of research, experimentation and unmissable public and contextual art expertise to the Canada while being a flexible and friendly reference location:
Generate a production context conducive to development and daring projects,
Strengthen the links between the members of the artistic community,
Being a meeting point, a forum for discussion between various disciplines, artistic and other,
Being a place of learning and networking for young artists and those more experienced.
Invisible Performances, as well as anything published, transmitted or broadcasted via Invisible Performances, are subject to intellectual property rights owned by the ARTIST, its partners, contributors and other rights holders of such material or are used from permissions or licenses limiting and protecting their broadcasting.
Hereby, you agree not to circumvent, disable or otherwise affect any mechanism and functionality related to Invisible Performances security, as well as any mechanism and any feature designed to prevent or prohibit the use or copy of Invisible Performances and anything published, transmitted or broadcasted via Invisible Performances, or even which apply limitations for use in Invisible Performances or to any published element transmitted or broadcasted via Invisible Performances.
Invisible Performances, as well as any item published, transmitted or broadcasted via or on the occasion of Invisible Performances, can be accessed by you for personal use only or for the purpose of participate in Invisible Performances. No element belonging to Invisible Performances can be, unless you obtain the prior written consent of the ARTIST and the concerned beneficiaries, distributed, copied, reproduced, downloaded, distributed, transmitted, exposed, sold, published, communicated, displayed, adapted, modified or translated in any way whatsoever, on any medium whatsoever, partially or fully.
Any commercial use of Invisible Performances, as well as any content posted, transmitted or distributed via or on the occasion of Invisible Performances is formally prohibited, subject hereof and unless you have previously obtained the written consent of the ARTIST and concerned rights holders.
You understand and agree that by using Invisible Performances you expose yourself to content from various sources, and that neither the ARTIST nor DARE-DARE cannot be held responsible for the veracity, usefulness, safety or intellectual property rights applicable or related to such content. You also understand and agree to be exposed to content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby waive any right or any recourse that you could argue in this respect against the ARTIST and DARE-DARE, and, to the extent permitted by applicable law, you agree to cover and to absolve expressly and irrevocably of any responsible the ARTIST and DARE-DARE, their partners, officers, directors, employees, suppliers, contributors or their representatives, affiliates, licensors and licensees in the fullest extent authorized by law for all aspects related directly or indirectly to any use that you could make of Invisible Performances.
Participation and contribution
You are invited to participate in the ŒUVRE by activating, as you wish and without another prior permission, but in the exclusive setting of your participation in Invisible Performances, the statements on page [address] (hereinafter, the "PERFORMATIVE STATEMENTS"). Document these activations and submit the resulting content to the ARTIST. Subject to these conditions of use and any changes that may be done from time to time, the contents transmitted may be retained by the ARTIST to be integrated into the ŒUVRE.
Contents you submit can take different forms, such as: comments, texts, graphics, drawings, photos, sounds, music, videos, audiovisual montages and other digital items (hereinafter, the "contents"). You are also invited to send any documentation (photographs, videos, invitation cards, texts, testimonials, etc.) surrounding the activation of the performative statements.
It is also forbidden to use statements for other purposes than participation and contribution to Invisible Performances.
You understand and agree that any participation or contribution to Invisible Performances is at your own risk. You understand and agree that the activation and the documentation of one or other of the PERFORMATIVE STATEMENTS or broadcasting of any content you transmit to the ARTIST could engage your responsibility. Consequently, you agree to waive, and hereby waive any right or any recourse that you could argue in this respect against the ARTIST and DARE-DARE, and, to the extent permitted by applicable law, you agree to cover and to absolve expressly and irrevocably responsible the ARTIST and DARE-DARE, their partners, leaders, directors, employees, suppliers, contributors, or their representatives, affiliates, licensors and licensees only to the extent permitted by law in all aspects related directly or indirectly to any participation or contribution you could make to Invisible Performances including, but without limiting the generality of the foregoing, activation of the PERFORMATIVE STATEMENTS, as well as the production and broadcasting of any content that you submit to the ARTIST, as well as any use that anyone could make of it.
By transmitting any content, you agree:
By the present, you declare and assure that:
By transmitting any content, you grant to the ARTIST and to DARE-DARE an irrevocable license, non-exclusive, free, transferable to use and in particular, but without limiting the generality of the foregoing, reproduce, encode, modify, adapt, translate, publish, exhibit and communicate to the public any content in whole or in part by any means and in any medium known and unknown to date, and this, without limit of time, language or territory. You also agree that content you transmit may be used for the promotion of Invisible Performances or for the promotion of the ARTIST or DARE-DARE.
You also waive all moral rights you might argue on any content transmitted in the context of the ŒUVRE. The ARTIST and DARE-DARE nevertheless undertake to mention the contribution of any contributor giving his first name and surname or the reference to 'anonymous', at the choice of the contributor, but in the manner they deem appropriate. Subject to the rights granted above, you retain the intellectual property rights on any content you transmit through Invisible Performances.
You can deliver your content to the ARTIST by the following means:
The PLATFORM is not a backup of the content you transmit through Invisible Performances. It is your responsibility to perform any backup or take any security measure that would protect you against the destruction or alteration of the transferred data and files.
Hypertext and external website links
The ARTIST and DARE-DARE ensure management and moderation of the social networks connected to Invisible Performances. Consequently, any publication (comments, photos, videos, etc.) on the social networks connected to Invisible Performances must be approved by the ARTIST or DARE-DARE. The ARTIST and DARE-DARE reserves the right to remove any publication which would be defamatory, hateful, or otherwise contrary to public order or that would violate some laws or the rights of intellectual property or any other right of third parties, in addition to banish anyone who broadcast, transfer or disseminate such publications on social networks related to Invisible Performances.
Exclusion of warranty and liability limitation
You acknowledge and agree that any use, participation or contribution to Invisible Performances is at your own risk and peril and that Invisible Performances as well as any element published, transmitted or broadcasted via Invisible Performances are provided as they are.
The ARTIST and DARE-DARE and their partners, leaders, administrators, employees, suppliers, contributors or representatives offer no warranty and no liability regarding, and without limiting the generality of the foregoing, the use and operation of Invisible Performances and anything published, transmitted or broadcasted via Invisible Performances, or regarding viruses, error and omission, interruption or restriction on access, malicious attacks or unauthorized use that may arise.
The ARTIST, DARE-DARE, their partners, leaders, administrators, employees, suppliers, contributors or representatives assume no responsibility for consequences, loss, damage or injury of any kind whatsoever that may result directly or indirectly from the use of Invisible Performances or from a participation or a contribution to it, services, personal information and content that are published transmitted or made available on it.
You acknowledge that neither the ARTIST nor DARE-DARE is responsible for contents or defamatory, offensive or illegal conduct of any third party and that the risk of harm or damages related to the foregoing is entirely your responsibility.
Applicable law and competent forum