Terms and conditions

 

 

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.

   

Definitions

• User: any natural person who uses the PLATFORM or referred to in any way whatsoever.
• Participant: any natural person who submits material to the ARTIST in the context of the ŒUVRE.
• Contributor: any physical person from who any digital material is retained by the ARTIST for broadcasting the ŒUVRE.

 

 

Intellectual Property

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.

 

Allowed use

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:

• that you are solely responsible for these and the consequences directly or indirectly related to their use by the ARTIST, DARE-DARE, and any third party;
• that the choice of content that will be retained and integrated to Invisible Performances as a contribution is left to the sole discretion of the ARTIST;
• that contents that you transmit, which are retained by the ARTIST are integrated in the ŒUVRE as a contribution to this and that they will be broadcasted on the page dedicated to each PERFORMATIVE STATEMENT according to the provisions contained in these terms of use and any changes which may occur from time to time;
• that at no time, the ARTIST cannot be held responsible for the no-broadcasting or the withdrawal of any content transmitted by any participant or contributor; 
• that the ARTIST owns all the rights of material and intellectual property on Invisible Performancesand in this respect, you cannot claim any right on it.

By the present, you declare and assure that:

• contents transmitted, as well as their components are your own creation and your property or that you hold the licensing, rights, permissions and consents necessary to produce, reproduce, publish, transmit, represent, expose and communicate contents transmitted and their components; 
• contents transmitted, as well as their components are original and they do not violate any material or intellectual property right;  
• contents transmitted, as well as their components were never disclosed to the public or published in printed form or otherwise; 
• contents transmitted and their components do not contain any defamation or obscenity, that they do not affect privacy or rights relating to the personality; a few people whatsoever and in particular the right to the image;
• contents transmitted and their components do not contravene any law or regulation.

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.

 

By transmitting any content, you grant also, by the terms of use and any amendments which may occur from time to time, each user of Invisible Performances a non-exclusive license to access your content via Invisible Performances and use, reproduce, distribute, expose and represent this content as permitted by the functionality of Invisible Performances and in accordance with the terms of use.

 

You can deliver your content to the ARTIST by the following means:

 

• via the application of sharing WeTransfer large files at the address: performancesinvisibles@gmail.com ;
• Every item of content must be accompanied by the following information and mentions:

 

• Transferred files nomenclature;
• First name and surname;
• Age;
• Full contact details;
• E-mail;
• If necessary, one or other of the following:
  • I wish that my content is credited with the reference: anonymous;
  • I hope that my content is credited by mentioning my name and surname.
  • The following mentions:
    • I declare that the information provided here is true. 
    • I acknowledge having read and accept the conditions of use of Invisible Performances [address page].

 

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, as well as their partners, leaders, administrators, employees, suppliers, contributors or representatives provide no warranty and are in no way responsible for the content of external sites to which Invisible Performances creates hypertext links. You are required to comply with these external sites terms of use, including those that are explicitly on them. By using Invisible Performances, participating or contributing, you unload expressly and irrevocably the ARTIST and DARE-DARE, their partners and their officers, directors, employees, contributors or representatives from any liability arising from your use of any hypertext link to any website owned by third parties.

 

Social networks

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

Invisible Performances operating conditions and relations between the user, the participant and the contributor and the ARTIST and DARE-DARE are subject to the laws and regulations applicable in the province of Quebec, Canada. By herein, you agree that any dispute or claim arising from the interpretation, application, fulfilment, and the entry into force or the effects of the terms of use is subject to the courts having jurisdiction in the judicial district of Montreal, province of Quebec, Canada.

 

General points

The terms of use constitute the complete agreement between you, the ARTSIT and DARE-DARE concerning Invisible Performances. If any provision of the terms of use is deemed illegal by a Court of competent jurisdiction, the illegality of that provision does not affect the legality of the other provisions of the terms of use, which shall remain in force. Failure on the part of the ARTIST or DARE-DARE to claim any right whatsoever or any clause in the context of the terms of use is not a waiver of the right or the clause in question. The ARTIST and DARE-DARE reserves the right to modify these terms of use at any time and without prior notice, and it is your responsibility to check whether the conditions of use have been changed. Your use of Invisible Performances following any change in the terms of use is equivalent to your consent and your acceptance of updates of these terms.

 

Statements

To the fullest extent permitted by the applicable law, you agree to defend, indemnify and hold harmless the ARTIST and DARE-DARE, their partners, leaders, administrators, employees, suppliers, contributors or representatives from any claim, damage, obligation, loss, liability, costs or debt, and any expenses (including, but not limited to Attorney's fees) arising from: (a) your access to Invisible Performances or your use, participation or contribution; (b) your violation of any provision of the terms of use; (c) your violation of any third party rights, including, but not limited to any material or intellectual property or right to privacy; or (d) any claim that your content caused damage to a third party. This defense and indemnification obligation extends beyond the present terms of use and your use of Invisible Performances and your participation or contribution to it.

 

You affirm to be at least 18 years old and be fully able and competent to accept these terms, conditions, obligations, affirmations, declarations, acknowledgments, assertions and guarantees defined by these terms of use; and to implement and comply with these terms of use.

 

For reporting abuse or for any questions about these terms of use or the activities of Invisible Performances, contact performancesinvisibles@gmail.com