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Common Time Terms and Conditions

Effective date: 8 October 2020

By accessing or using COMMON TIME, you agree to be legally bound by these Terms. Please read the Terms carefully. If you do not agree with one or more provisions of these Terms, you should not use COMMON TIME.

Please contact us if you have any questions or concerns regarding the Terms.

1. GENERAL INFORMATION

1.1 These Common Time Terms and Conditions (the “Terms”) constitute a legally binding agreement between the company Common Time LLC having a registered business address at 9221 E. Spouse Drive, Prescott Valley, Arizona 86314, the United States, and a business registration number (EIN) 851720877 (the “Company”, “we”, “us”, and “our”) and an individual user or an entity (the “user”, “you”, and “your”) accessing and using the online platform available at https://commontime.online and the related services (collectively, “COMMON TIME”).

1.2 About COMMON TIME. COMMON TIME is an online platform, which connects artists and arts organizations (the “Providers”) to educators, arts organizations and others wishing to use the services of the Providers (the “Educators”) into the virtual classroom. This allows booking, scheduling and paying for interactive art education and performance sessions (the “Sessions”). COMMON TIME is a global platform that features users located worldwide. COMMON TIME serves as a reference point and facilitates the booking of the Sessions; COMMON TIME does not provide any Sessions or other services related to art education itself.

1.3 License to use COMMON TIME. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use COMMON TIME pursuant to these Terms.

1.4 Disclaimer. Although we regularly monitor the information available on COMMON TIME, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on COMMON TIME, neither provided by us nor by the users of COMMON TIME.

1.5 Third-party links and advertising. COMMON TIME may contain links to websites, applications, and other online sources owned and operated by third parties. COMMON TIME may also feature information and advertisements related to the Providers or other third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.6 Support. Any general requests for customer support should be addressed at info@commontime.online; technical support can be requested at support@commontime.online.

1.7 Artists’ authorization. The users are responsible for obtaining all necessary authorisations, certificates, undergoing verifications, and acquiring professional liability insurance policies enabling them to use COMMON TIME, book the Sessions, and use and provide services through COMMON TIME.

1.8 Privacy and other relevant terms. The documents that include important provisions regarding your use of COMMON TIME and should be read and interpreted together with these Terms are:

2. YOUR ACCOUNT

2.1 Registration of your Account. In order to use the full functionality of COMMON TIME, you are required to register a user account (the “Account”). The Account can be registered (i) directly on COMMON TIME by submitting the requested information or (ii) by contacting us directly:

2.2 Personal data. Before creating your Account, you will be requested to read and accept these Terms and review the Privacy Policy. The personal data related to your Account will be processed in accordance with our Privacy Policy. Your Account is not transferable and you are solely responsible for any activities occurring through your Account. Please note that we collect only a minimal amount of personal and non-personal data that is required to ensure your proper use of COMMON TIME.

2.3 Your warranties. By registering your Account on COMMON TIME, you acknowledge, agree, and warrant that:

2.4 Security of the Account. You are solely responsible for maintaining the confidentiality of your Account, including keeping secure your login details and passwords. By using COMMON TIME, you agree to immediately notify us about allegedly unauthorised use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using COMMON TIME. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations

2.5 Deletion of the Account. At any time, you may delete your Account through the dashboard of your Account or by sending a request directly to us. Upon deletion of the Account, these Terms shall terminate.

2.6 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of COMMON TIME seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.

2.7 Confidential information. Any information made available by and between the users through COMMON TIME is of confidential nature (the “Confidential Information”). The users must at all times (i) keep confidential and not disclose to any person any of the Confidential Information and (ii) only use such Confidential Information for the purposes of performing obligations under these Terms. The Confidential Information can be disclosed only to persons that need to know such information for the purposes of carrying out their obligations under these Terms.

2.8 Authorisation and insurance. By creating the Educator Account or Arts Organization Account and providing the details of an entity that you work for, cooperate with or are affiliated with, you confirm that you are an authorised employee, contractor, or affiliate of that entity and you have the necessary rights and authorisation to act on behalf of that entity. We are not responsible in any manner and bear no liability for your activities carried out through COMMON TIME without such authorisation. We insist the users of COMMON TIME to (i) obtain appropriate insurance related to the services provided by them and (ii) make sure that the terms and conditions of the insurance policy do not contravene to these Terms.

3. FEES AND PAYMENTS

3.1 The Fees. When the Educators make bookings of the Sessions, the Educators will pay the service fees indicated by the Provider chosen by the Educator (the “Fees”) in accordance with Provider’s individual pricing policy. Once the Educator makes a payment for the Fees, the Fees shall be reserved by COMMON TIME in Educator’s account until the Provider approves the booking. The Fees shall be deducted from Educator’s account as soon as the Provider approves Educator’s booking. Should the Educator's payment method be rejected or payment cancelled for any reason whatsoever, the Educator’s booking shall not be reserved and will automatically expire. The Providers are entitled, but have no obligation, to provide discounts for the Fees. The discounts will be clearly indicated on COMMON TIME. The Fees paid by the Educators through COMMON TIME constitute the entire amount payable for the Sessions and the Providers must not charge the Educators any additional Fees for the said services, unless agreed otherwise by the Educators and the Providers, upon notification to us.

3.2 The Commission. Providers’ use of COMMON TIME is subject to the commission fees payable by the Providers to the Company representing a percentage of the Fees payable by the Educator for each Session through COMMON TIME (the “Commission”). The standard Commission rate is 15%; the Commission may vary (for more information, please refer to: https://commontime.online/membership/. The Commission rates and payment terms related thereto are made available on COMMON TIME or communicated to the users personally. The Commission is deducted automatically from Providers’ accounts after the payment of the respective Fees is made by the Educators. By concluding a service contract with us, the Providers agree to pay the Commission for each booking made by the Educators and all Fees payable by the Educators in accordance with these Terms and the terms and conditions in force at the moment the Educators conclude the service contract. The Commission rates remain valid (i) for as long as they are indicated on COMMON TIME or (ii) for the time period communicated to the users. The Commission rates are subject to a change without a prior notice. Any changes to the Commission rates will be made available to the users and, if necessary, we will request the Providers to provide their consent to the amendments of the Commission rates. The Providers are solely responsible for (i) defining the charges applicable to the services provided by them and (ii) communicating such charges to us; such charges will be subject to the Commission as provided above and the Fees featured on COMMON TIME to the Educators shall include Providers’ service charges and the Commission.

3.3 Taxes. The Fees exclude all applicable taxes (e.g., VAT and sales taxes), levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes, levies, and duties, including the tax applicable to the services provided by you under the Booking Contract (as defined below), and excluding local taxes based solely on Company’s income.

3.4 Transfer of funds. If you use COMMON TIME as the Provider, you are requested to approve the booking requests made by the Educator through COMMON TIME within 24 hours from the Educator’s booking request. After you approve Educator’s booking, we will authorise the Fees in the Educator’s Account. If no approval is made by you within the specified period of time, you will receive a notice about your failure to approve the booking. If no approval is received within the given period of time or the approval fails due to any other reason, (i) the booking request will automatically expire, (ii) the Educator will be notified about the cancellation of the booking request, and (iii) no Fees shall be deducted from the Educator’s Account for the cancelled booking. After you approve the booking request, we will send you a confirmatory email containing the information about the approved booking and the respective Educator will be charged the applicable Fees. After completion of the Sessions, we will transfer the funds generated by you (i.e., the Fees minus the Commission payable to us) to your Account within 1 week from the completed Session. You acknowledge and agree that: (i) any payment made by the Educator to you through COMMON TIME shall be considered as payment by the Educator directly to you; (ii) you will not charge the Educator any additional fees for the booked Sessions, unless agreed otherwise between the Educator and you; (iii) we accept payments from the Educators as your limited payment collection agent; (iv) our obligation to pay you is subject to and conditional upon successful completion of the booked trainings and receipt of the associated payments of the Fees from the Educators; and (v) we are not responsible for transferring you the funds that have not been successfully obtained from the Educators. Any Fees paid by the Educators to the Providers in relation to the Booking Contracts (as defined below), excluding the Commission and other applicable charges, will be transferred, without undue delay after the booked Sessions are completed, to the respective Provider's account by using a third-party payment processor. The Providers are responsible for paying any and all applicable transfer costs charged by the Payment Processor (as defined below). The Providers acknowledge and agree that we are entitled to charge the Commission on any of the service fees indicated by the Providers; such Commission will be deducted by us before transferring any funds.

3.5 Technical steps to conclude a service contract.

3.5.1 The Educators. If you would like to conclude a service contract with us as the Educator, you need to: (i) register your Account; (ii) choose the Provider that you would like to book; (iii) provide the required payment information; and (iv) click on the button “Book and Checkout”. You will be able to identify and correct any input errors prior to clicking on the “Book and Checkout” button. After you click on the button “Book and Checkout” and the Provider approves your booking, we will pre-authorise the Fees through the payment method chosen by you and send you a confirmatory email informing you about your booking. All further communication between the Educator and the Providers should be carried through COMMON TIME. By clicking on the button “Book and Checkout” and receiving the confirmatory email, you conclude a service contract in English between you and us on the basis of these Terms. Please note that the service contract concluded between you and us under these Terms governs your booking transaction only. The provision of the services by the Providers is governed by a separate contract between you and the respective Providers (please refer to Section 5 for more information).

3.5.2 The Providers. If you would like to conclude a service contract with us as the Provider, you need to register your Account and provide the required personal data. You will be able to identify and correct any input errors prior to clicking on the “Join CommonTime” button or later, through the dashboard of your Account. We will send you a confirmatory email informing you about the registration of your Account. By receiving the confirmatory email, you conclude a service contract in English between you and us on the basis of these Terms and agree to your obligations stated therein, including the provisions of this Section 3. Please note that the service contract concluded between you and us under these Terms governs your use of COMMON TIME only. The provision of any services by you as the Provider is governed by a separate contract between you and the respective Educator (please refer to Section 5 for more information).

3.5.3 The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order, you can consult your Account or contact us by using the contact details mentioned at the end of the Terms. We warrant that the services supplied under a service contract are of a reasonably acceptable quality.

3.6 Right of withdrawal. We respect consumer rights and comply with the applicable consumer protection laws. If you use COMMON TIME as the Educator who is a consumer (i.e., you act wholly or mainly outside the scope of your trade, business, or profession), you have the right to withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of the services was completed by us. In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email? If you have already used our services (e.g., participated in the Sessions) prior to communicating your desire to withdraw from the service contract with us, we reserve the right to charge you proportionally for the services used and return the Fees paid for the unused services only (if any). If you have fully used all services for which the service contract was concluded, you cannot exercise your right of withdrawal. We will refund the Fees by using our third-party payment processor, unless you have expressly requested otherwise. In any case, you will not incur any fees as a result of the refund. If you act as a business, trader, or use COMMON TIME for professional purposes, you are not entitled to exercise your right of withdrawal; please refer to Section 4 of the Terms for more information on cancellation and refunds applicable to you.

3.7 Payment processing. All payments related to COMMON TIME, including payment of the Fees, payouts to the Providers, and refunds, are processed by our third-party payment processors Stripe and PayPal (collectively, the “Payment Processors”). The Payment Processors are solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us or the Providers because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. For the payment service agreements and policies applicable to your payments, please refer to https://stripe.com or https://www.paypal.com.

3.8 Invoices. The invoices for the Fees paid by you (the “Invoices”) and any payments charged by us, including the Commissions, are generated automatically and can be reviewed and downloaded through your Account. Please make sure that all information in respect to your Account is accurate and up-to-date so that the Invoices could be generated correctly. We accept no responsibility if the Invoices are erroneous due to your failure to comply with these Terms.

4. CANCELLATION AND REFUNDS

For detailed information on cancelling the Sessions, rebooking the Sessions, and refunds, please refer to COMMON TIME Refunds and Cancellation Policy available at https://commontime.online/refunds-policy/ that is incorporated by reference to these Terms and forms a part thereto.

5. BOOKING CONTRACTS

5.1 COMMON TIME serves as a reference point that facilitates the communication between the Educators and the Providers (collectively, the “Contractors”), including hosting and maintaining COMMON TIME, supporting the formation of service contracts between the Contractors (the “Booking Contracts”), and featuring related information. Unless otherwise provided in the Terms, we do not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Booking Contracts.

5.2 Unless explicitly specified otherwise on COMMON TIME, our responsibilities with regard to the Booking Contracts are limited to (i) facilitating the availability of COMMON TIME and (ii) serving as the limited payment collection agent of each Provider for the purpose of accepting payments from the Educators on behalf of the Providers. By using COMMON TIME, you acknowledge and agree that the Providers and not we are solely responsible for (i) approving any of the booking requests made by the Educators and (ii) participating in the Sessions reserved through COMMON TIME.

5.3 If the Contractors decide to enter into the Booking Contract through COMMON TIME, the Booking Contract is the contractual relationship between the Contractors and the Contractors have complete discretion with regard whether to enter into the Booking Contract and the agreed terms of the Booking Contract. The Contractors acknowledge and agree that we are not a party to the Booking Contract and the formation of the Booking Contract does not create employment, partnership, joint venture, or other service relationships between the Contractors and us. The Contractors may enter into any agreements as they deem to be appropriate (e.g., confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms.

5.4 By concluding the Booking Contracts through COMMON TIME, the Educator acknowledges and agrees that the Educator is purchasing services from the respective Provider and not directly from us, and the Provider is solely responsible for delivering those services. Therefore, for any specifics related to the Booking Contracts, the Educator is requested to contact the respective Provider directly. The contact functionality is available if (i) the chat function is enabled or (ii) after the payment for the respective Session is confirmed.

5.5 We are not a party to the Booking Contracts and, therefore, we will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Booking Contracts and any business transactions made between the Contractors as a result of the interactions through COMMON TIME.

5.6 The Providers are solely responsible for:

5.7 COMMON TIME provides general information about the users and it displays the profiles created by the users. Please note that we do not endorse any users of COMMON TIME and COMMON TIME features only a limited list of the available artists, arts organizations, and educators.

5.8 The Contractors are solely responsible for providing accurate information on COMMON TIME through their Account, including their contact details, professional experience, training, availability schedules, and the Fees. Although we put reasonable efforts to make a careful and critical examination of the Providers, we bear no responsibility and make no warranties about the accuracy, truthfulness, or completeness of such information and any transactions carried through COMMON TIME.

5.9 The Educators are solely responsible for carrying out appropriate checks regarding the Providers, including their relevant trade and industry accreditations, qualifications, legal authorizations, and the scope of insurance prior to concluding the Booking Contracts or using their services. None of the references provided by us or the users of COMMON TIME in relation to any user of COMMON TIME (e.g., reviews, comments, or ratings) represents endorsement, certification or guarantee about any user, as well as the information or services provided by that user. Although we vet the Providers to the best of our ability and request the Providers to submit truthful, accurate, and up-to-date information regarding their expertise, professional experience, training, and availability schedule, we strongly encourage the Educators not to conclude any Booking Contracts if the Educators have any doubts or concerns pertaining to the Providers.

5.10 We are not responsible for any disputes that arise between the Contractors, nor are we obliged to receive or process, complaints against the users of COMMON TIME or resolve disputes between the users of COMMON TIME or the Contractors, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.

6. YOUR CONTENT

6.1 When you use COMMON TIME, you may upload and submit various content, such as advertisements, CVs, descriptions of your business activities, text messages, photos, videos, links, reviews, and files (collectively, “Your Content”). Please note that some of Your Content may become available to other users of COMMON TIME (e.g., if you use COMMON TIME as the Provider, the Educators will be able to see some of Your Content). Therefore, we request you to (i) exercise your due diligence when uploading Your Content to COMMON TIME, (ii) not to make any sensitive information publicly available to other users of COMMON TIME, and (iii) make sure that, by uploading Your Content to COMMON TIME, you comply with these Terms.

6.2 By uploading Your Content to COMMON TIME, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of carrying our legitimate business interests.

6.3 You agree not to submit Your Content that violates these Terms or any applicable laws, including intellectual property rights of others and you agree to pay all royalties, fees, and any other monies applicable to Your Content.

6.4 You understand and agree that, in order to ensure the security of COMMON TIME, we may, but have no obligation to, monitor or review Your Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of COMMON TIME. However, you remain solely responsible for Your Content.

6.5 You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorization or consent to share that personal data (e.g., you cannot publish name, photos, videos, and contact details of a person who has not allowed you to do so) through Your Content.

6.6 Your Content includes your personal views and recommendations. None of Your Content reflects our views, recommendations, endorsement, or any commitments related thereto.

7. ACCEPTABLE USE POLICY

7.1 When using COMMON TIME, you are required to follow our acceptable use policy outlined in this Section 7. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use COMMON TIME in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

7.2 Reporting inappropriate content. If you think that some of the content available on COMMON TIME is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us through your My Accounts page or by email at info@commontime.online. If any content or user is reported as inappropriate, we will immediately delete the content from COMMON TIME and investigate the conduct of the reported user.

8. COMMERCIAL COMMUNICATION AND INFORMATIONAL NOTICES

8.1 Marketing communication. From time to time, you may receive from us commercial communication, such as newsletters, brochures, promotions and advertisements, through COMMON TIME or by email. You can opt-out from receiving marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you or contacting us directly.

8.2 Informational notices. From time to time, we may send you informational notices, such as service-related, technical or administrative emails, information about the Sessions, COMMON TIME, your privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent.

9. SECURITY

9.1 We take appropriate security measures, such as encryption, SSL protocol, strong passwords, and limited access to data by our staff, to protect the information we store on COMMON TIME against unauthorized access.

9.2 By using COMMON TIME, you are solely responsible for your interactions with other users of COMMON TIME. To the best of our ability, we will vet the Providers and examine their profiles carefully prior to approving their registration and listing them on COMMON TIME. We disclaim any liability for the information provided by the Providers through COMMON TIME. We make no representations or warranties as to the conduct of COMMON TIME users.

9.3 Security incidents. Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any personal data caused by circumstances that are beyond our reasonable control. In case a security incident occurs, we will inform relevant authorities without undue delay and immediately take reasonable measures to mitigate the incident, as required by the applicable law. Our liability for any security incidents will be limited to the highest extent permitted by the applicable law.

10. INTELLECTUAL PROPERTY

10.1 Our terms and conditions regarding the intellectual property available on COMMON TIME can be accessed at https://commontime.online/privacy-policy/ (the “IP Policy”). The IP Policy is incorporated by reference to these Terms and form a part thereto.

11. REFERRAL PROGRAMS

11.1 We may initiate referral programs on COMMON TIME (the “Referral Programs”) that allow the users of COMMON TIME to earn commission (the “Referral Commission”) by referring new users to COMMON TIME. To participate in the Referral Programs, the user is requested to recommend COMMON TIME to a person by providing that person’s email address. After we receive the referred person’s email address, we will send information about COMMON TIME and invite the referred person to join COMMON TIME.

11.2 The Referral Commission is earned by the referring user if the referred user: (i) clicks on the referral link provided in the referral email; (ii) creates the Account on COMMON TIME; and (iii) completes at least one booking transaction and pays for it through COMMON TIME.

11.3 The Referral Commission shall be defined by the Company. The Referral Commission will be issued to the referring user and stored in the referring user’s Account. The Referral Commission can be used for any future bookings or services provided through COMMON TIME.

11.4 The user is not allowed to participate in the Referral Programs and earn the Referral Commission by creating multiple Accounts.

11.5 The user is allowed to participate in the Referral Programs for personal and non-commercial purposes only. The referral links must be shared solely with the user’s personal connections that are informed about the use of their personal data for the Referral Programs. The user is not allowed to publish, distribute, or make publicly available (e.g., through coupon websites or forums) any referral links, where it is not reasonably expected that the recipients of the referral links are the user's personal connections.

11.6 The referred user is allowed to use a single referral link only.

Referral Flow
Artist Referral Educator Referral Organization Referral
After registration artist is given a link to share After registration educator is given a link to share After registration the organization is given a link to share
Artist shares link with another artist, an educator, or an organization Educator shares link with another educator, artist, or organization Organization shares link with another organization, educator, or artist.
Educator, Artist, or Organization signs up using the artists link which generates promo code Educator, Artist, or Organization signs up using the artists link which generates promo code Educator, Artist, or Organization signs up using the artists link which generates promo code
This discount is good to use for the next 3 months in a booking checkout This discount is good to use for the next 3 months in a booking checkout This discount is good to use for the next 3 months in a booking checkout
Artists receive 50% off booking fee when THEIR OWN code is used Educator receives 10% off subscription when THEIR OWN code is used Organization receives 10% subscription when THEIR OWN code is used
When an artist uses SOMEONE ELSE’S code to SIGN UP they receive 10% off first booking fee When an educator uses SOMEONE ELSE”S code to SIGN UP they receive 5% off future booking
  • 1st booking full price
  • 1 code per booking
When an organization uses SOMEONE ELSE”S code to SIGN UP they receive 5% off future booking
  • 1st booking full price
  • 1 code per booking

11.7 We reserve the right at any time, for any reason, in our sole discretion, to: (i) suspend or terminate the Referral Programs; (ii) change any terms and conditions referred thereto; or (iii) suspend the Accounts of the users that do not comply with these Terms or whose behaviour may be abusive or fraudulent.

12. CHILDREN PROTECTION POLICY

12.1 COMMON TIME is not marketed and should not be used by persons under the age of 18. The Educators holding parental responsibility for a child or authorised as required by law can book the Sessions through COMMON TIME for minor children. However, we do not permit children under the age of 18 to make such bookings themselves.

12.2 The Sessions can be booked for educational purposes in a classroom setting. If the classroom setting entails minors, the Educator booking the Session is solely responsible for (i) obtaining all authorisations necessary for featuring and/or filming minors during the Sessions and (ii) complying with children protection policies of the respective educational institution. The Company shall not obtain, assist to obtain, or examine any of the said authorisations and compliance on Educator’s behalf.

13.3 If the Sessions entail minors featured by the Provider, the Provider is solely responsible for obtaining all authorisations necessary for featuring and/or filming minors during the Sessions. The Company shall not obtain, assist to obtain, or examine any of the said authorisation and compliance on Provider’s behalf.

13. AVAILABILITY

13.1 We put reasonable efforts to ensure that COMMON TIME is always accessible to you. However, the availability of COMMON TIME may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. We take no responsibility for the unavailability of COMMON TIME caused by such factors.

14. DISCLAIMER OF WARRANTIES

14.1 We provide COMMON TIME on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of COMMON TIME, any content featured on COMMON TIME, whether provider by us or by third parties, and hereby disclaim all warranties regarding COMMON TIME and its operation.

14.2 It is your sole responsibility to verify and assess the fit for the purpose of COMMON TIME prior to using it and to decide whether or not COMMON TIME fits for the intended use.

14.3 By using COMMON TIME, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

14.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

15. LIMITATION OF LIABILITY

15.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of COMMON TIME, any content made available through COMMON TIME, whether provided by us or by third parties, or any transactions concluded through COMMON TIME. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

15.2 We will not be liable to you or any other persons on whose behalf you use COMMON TIME for any direct, indirect or consequential losses, which may be incurred by you in relation to COMMON TIME, such as:

15.3 We will not be liable to you for any loss or damage, which may be incurred by you as a result of:

15.4 This Section 15 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

16. INDEMNIFICATION

16.1 You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of COMMON TIME, or your violation of any law or the rights of a third party.

17. SEVERABILITY

17.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

18. GOVERNING LAW AND DISPUTES

18.1 Governing law. These Terms shall be governed and construed in accordance with the laws of the State of Arizona, the United States, without regard to its conflicts of law provisions.

18.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with the Company. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding online arbitration. This Section 17 does not affect any statutory rights that you are entitled to as a consumer.

19. MISCELLANEOUS

19.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using COMMON TIME.

19.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on COMMON TIME. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of COMMON TIME, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of COMMON TIME after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through COMMON TIME at any time, at our sole discretion.

19.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

19.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting the Account, cancelling the Fees, and stopping to use COMMON TIME.

19.5 Merger or acquisition. In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

19.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of COMMON TIME.

20. ARTIST, ARTS ORGANIZATIONS, AND EDUCATORS PROMO

Artists: The first 100 Artists to register will have fee-free bookings for 2 months.

Artists Terms and Conditions:

Educators: The first 100 Educators to register will receive 6 months of free membership benefits

Educators Terms and Conditions:

Arts Organization: The first 100 Arts Organizations to register will receive 6 months of membership benefits and 2 months of fee-free bookings

Arts Organizations Terms & Conditions:

21. CONTACT

Any of your questions and notices regarding these Terms should be sent to us by using the following contact details:
Email: info@commontime.online
Postal address: Common Time LLC, 9221 E. Spouse Drive, Prescott Valley, Arizona 86314, the United States of America

Common Time Refunds and Cancellation Policy

Effective date: 8 October 2020

This Common Time Refunds and Cancellation Policy (the “Policy”) is incorporated by reference to Common Time Terms and Conditions available at https://commontime.online/terms-and-conditions/ and form a part thereto. Any capitalised terms not defined herein have the meaning defined in the Terms.

Rebookings. To ensure that the Educators are satisfied with their use of COMMON TIME, we provide the Educators with a possibility to rebook another Session, if the Educator wishes to cancel the booked Session prior to the approval of the Provider (the Providers are required to respond to your booking inquiries within 24 hours). The Session cancelled by the Educator can be rebooked with the same or alternative Provider. In the event the same or alternative Provider is unavailable for rebooking, a refund may be applied in extenuating circumstances. We reserve the right, but are under no obligation, to issue refunds on a case-by-case basis. If the Educator is eligible for a refund, we will issue a refund equal to the pre-authorized Fees (if any) for the respective booking within commercially reasonable time, but no later than 14 days. Please note that the Commission is not refundable and may be deducted from the refunded Fees. We will refund the Fees by using the Payment Processor used by the Educator initially.

Cancellation by the Provider. If you use COMMON TIME as the Educator and your booking is cancelled by the Provider, we will provide you with a list of alternative Providers for further booking, subject to the applicable Fees. If you do not accept any of the alternative Providers proposed by us or no Providers are available, no Fees will be charged to you or a refund shall be issued at our sole discretion.

Cancellation of the Sessions by the Provider. If you use COMMON TIME as the Provider and you cancel Educator’s booking after the confirmation of the booking and no reasonable extenuating circumstances are provided by you, the amount equal to the Commission for the respective booking will be debited from your Account or, if no sufficient funds are available in your Account, we will submit a request to charge your payment method. Moreover, we reserve the right to charge you a penalty, in our sole discretion, or take other corrective measures, including, but not limited to, (i) publishing information about the cancelled booking on your Account, (ii) limiting or disabling your access to the calendar of COMMON TIME for further bookings for a limited period of time (e.g., for a period of the cancelled training), or (iii) suspending or disabling your use of COMMON TIME. You will be notified about the potential penalties or corrective measures prior to cancelling the confirmed Educator’s bookings. We reserve the right but are no under any obligation to take into account the extenuating circumstances related to the Educator’s booking cancelled by you. We reserve the right to review all cancellations made by the Providers and decide, at our sole discretion, what corrective measures should be taken. The respective Providers shall be informed about our decision and the applied corrective measures no later than 14 days. If you do not approve Educator’s booking, the booking request will automatically expire and the Educator will be notified about your cancellation of the booking request. In such a case, no Fees shall be deducted from the Educator Account for the cancelled booking and no Commission will be charged to you.

Consumer right of withdrawal. We respect consumer rights and comply with the applicable consumer protection laws. If you use COMMON TIME as the Educator who is a consumer (i.e., you act wholly or mainly outside the scope of your trade, business, or profession), you have the right to withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of the services was completed by us. In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email. If you have already used our services (e.g., participated in the Sessions) prior to communicating your desire to withdraw from the service contract with us, we reserve the right to charge you proportionally for the services used and return the Fees paid for the unused services only (if any). If you have fully used all services for which the service contract was concluded, you cannot exercise your right of withdrawal. We will refund the Fees by using our third-party payment processor. In any case, you will not incur any fees as a result of the refund. If you act as a business, trader, or use COMMON TIME for professional purposes, you are not entitled to exercise your right of withdrawal.

Limitation of liability. Neither the Company nor the Providers shall be liable to the Educator for the bookings that are cancelled due to the circumstances outside Company’s or Providers’ reasonable control, such as the force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; and shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. This Policy does not apply to cancellations occurring in such circumstances.