Who We Are
Neva Land Music is a sole proprietorship under Dutch law, residing in The Netherlands and having its registered address at Springweg 480 in 3511 VZ, Utrecht, The Netherlands, registered in the Dutch Chamber of Commerce Register under number: 58464395, hereinafter referred to as “Neva Land Music”,
Neva Land Music offers masterclasses and artist services for sale to third parties, hereinafter to be referred to as “Recipient“.
Neva Land Music and Recipient hereafter also individually referred to as “Party” and collectively as: “Parties”;
- Neva Land Music is an agency actively engaged in managing and consulting Artists in the entertainment throughout the world.
- Recipient is a customer who wishes to purchase masterclasses and artist services by Neva Land Music with the aim to advance his or her professional career (“Recipient’s Tasks”).
- Neva Land Music will disclose information regarding Neva Land Music to Recipient which information is to be treated by Recipient as strictly confidential at all times.
Recipient will be given access to and provided with Confidential Information for the purpose of advancing his or her artist career (= “Recipient’s Tasks”). Recipient warrants to keep confidential any Confidential Information which Recipient has received from Neva Land Music and third parties in relation to Neva Land Music during the Term (= the “Effective Date” of the masterclasses) and during 25 years after the Term. For the avoidance of doubt, Recipient is strictly prohibited to use Confidential Information for his or her own or any third party’s benefit or beyond the purpose of Recipient Tasks.
Confidential Information shall mean: All information provided by Neva Land Music to the Recipient in connection with, related to or following from Recipient’s tasks will (continue to) be strictly confidential. All materials and content including but not limited to working documents, supporting materials, instructions, texts, designs, illustrations, graphics, concepts, workflow descriptions, flowcharts and all rights including but not limited to intellectual property rights vested in such materials and content will remain the sole and exclusive property of Neva Land Music. In addition, Neva Land Music will retain ownership of its own materials shared with Recipient and will obtain all ownership in any materials provided by Recipient under this Terms & Conditions. For the avoidance of doubt, this paragraph is legally binding, also after the Terms & Conditions between Parties (= Neva Land Music and “Recipient”) has ended.
For the purposes of these Terms & Conditions information shall not be considered to be confidential if such information:
• has passed into the public domain other than by breach of this or any other non-disclosure Terms & Conditions, or;
• was known to Recipient from legal sources prior to disclosure by Neva Land Music in accordance with the terms and conditions of these Terms & Conditions, or;
• has been disclosed to Recipient without restriction by a third party who, to Recipient knowledge, has disclosed such information without breaching a contractual or legal duty to Neva Land Music, or;
• is required to be disclosed by any court, tribunal or regulatory authority to the jurisdiction of which Recipient is subject.
All Confidential Information is provided “As Is” and the Disclosing party makes any warranties, express, implied or otherwise regarding the accuracy, completeness, performance or reliability of such Confidential Information and the suitability thereof. The Disclosing Party shall not have any liability to the Receiving Party arising from the use of the Confidential Information.
All documents, analogue and/or digital data carriers and other tangible objects containing or representing Confidential Information and any and all copies, duplicates and/or back-ups thereof which are in possession of Recipient shall be promptly returned to Neva Land Music and/or deleted or destroyed when the Confidential Information is stored digitally at first request of Neva Land Music, without prejudice to the Neva Land Music ’s rights.
Intellectual Property Rights
Recipient agrees that Neva Land Music owns all rights, title, and interest in and to Neva Land Music and all of Neva Land Music ’s intellectual property rights including but not limited to trademarks, trade names, copyrights, know-how, and trade secrets relating to Neva Land Music (“Intellectual Property Rights”). Nothing in these Terms & Conditions shall grant to the Recipient any right or license to use Neva Land Music’s Intellectual Property Rights for any purpose. At no time shall Recipient challenge or assist others to challenge Neva Land Music’s Intellectual Property Rights or their registration, nor attempt to register any trademarks, marks or trade names the same as or confusingly similar to those of Neva Land Music.
Omissions and Liability
Recipient undertakes to, when in doubt of whether any future act or omission may cause her to breach her obligations under these Terms & Conditions, immediately contact Neva Land Music to mutually discuss and decide whether or not such future act or omission would be regarded as a breach of her obligations under these Terms & Conditions.
Recipient undertakes to immediately inform Neva Land Music of any act or omission which to her knowledge and awareness would be regarded by Neva Land Music as a breach of her obligations under these Terms & Conditions.
Recipient undertakes to fully indemnify and hold Neva Land Music harmless in relation to any and all damages suffered by Neva Land Music as a result of any breach by Recipient of her obligations under these Terms & Conditions.
Remedies and Penalty
Recipient agrees that any violation or threatened violation of these Terms & Conditions may cause injury to Neva Land Music, entitling Neva Land Music to use all legal remedies to enforce or to prevent a breach of these Terms & Conditions, or any part of it. All costs and legal expenses Neva Land Music incurs in such event, as to prevent such breach as aforesaid, will be reimbursed by Recipient.
Should Recipient be in breach of any of the obligations under these Terms & Conditions, the Recipient shall be subject to a payable penalty of which the amount will be determined by the appointed judge of the applicable court, notwithstanding statutory or contractual right to claim damages, including costs incurred and/or reasonable legal fees.
These Terms & Conditions shall be governed by and construed in accordance with Dutch law and any dispute arising out of the Terms & Conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands which court will apply Dutch law to the dispute.