Credits / General terms / Terms of use


 

Credits

The objective of the pictures, sound, and films reproduced on this site are designed to the promotion of the artists. Shenandoah confirms that it has taken all possible action to establish ownership/copyright rights. We thank you for notifying us of any mistake or omission in this respect.


Photographers

Chris Weiner
Coruja C.N.
Shenandoah India
Shenandoah Belgium
Olivier Dumont
Fisheye – In-Senso

Agencies

B-Art Eggslcusive
Cré-Action
VO Communication
Magic Monkey
2Perfection
Verhulst Events
4J Concept
Event Brokers

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General terms

1. Generalities. Unless otherwise stated, the present general terms apply in their integrality to all offers, services and performances of Shenandoah. The client is deemed to accept them as soon as he makes any request of offers any order. The client waives to claim the application of any contradictory document, such as his own general or particular terms.
2. Offers. Unless otherwise stated, all valid during thirty days and all orders request a cash purchase of a deposit, equivalent to half of its total amount. The outstanding balance of this amount shall be paid at the latest the day of the show’s presentation or of the event ordered to Shenandoah (thereinafter referred to as the “Show”).
3. Price. The offers, estimate and pricelists of Shenandoah are only given as information and are tax-free.
4. Intellectual property rights. Shenandoah retains all its intellectual property rights on its performances and on the Show, as well as on those which have remained drafted out, or which were finally not approved or represented. This also applies to the performances chosen by Shenandoah.
Shenandoah authorizes however the client to reproduce and communicate to the public all or part of the Show without other specific compensation than the royalties paid or the price paid within the limitation of the license agreement, the offer or the order form, and for the sole purposes of the order or of the license’s exploitation.
This authorization does not include any assignment of rights and is non-exclusive, for the territories and duration necessary for the purposes of the order. In case of lack of precision or in case of doubt, the needs of the client’s order are deemed to correspond strictly to the first use made by the client on the Belgian territory and during one year. Any audio, photographic or audiovisual recording, of whole or part of the Show, is prohibited.
The foregoing only applies to the Shows presented for the client. The Shows non chosen by the client, the images, music, film, drafts, sketches, miniatures and other creations or works may not be exploited, by any means, without prior written consent of Shenandoah.
The Shows may not be modified.
The client commits to take all fees or royalties requested by Sabam or by any other collecting society for copyright or performer’s rights for the performances relating to the Show. Shenandoah may not be held responsible on this matter in any ways whatsoever.
The authorization of exploitation given to the client in accordance with the foregoing is submitted to the respect, by the client, of all obligations incumbent upon him hereunder such as (amongst other) the payment of the sums due to Shenandoah and the respect of the intellectual property rights on the Show, the material and the delivered creations.
Shenandoah may put down its name or logo, as well as those of its subcontractors, on the media used to promote the Show, according to modalities to be agreed upon with the client ; this credit notice may not be modified, removed nor moved without Shenandoah’s agreement.
If the Show is filmed, Shenandoah’s logo will be reproduced in the end credits with the following notice : “created by Shenandoah”.
5. Promotion. Shenandoah may not be held responsible for the promotion of the Show, which is only incumbent upon the client, at his own charge and under his sole responsibility.
In any case, Shenandoah keeps the right to disclose images of the Show as it has been represented, for promotional or presentation purposes or for any other kind of use illustrating or promoting its activities, by any means whatsoever it would choose and including a reference to the client.
6. Insurances and exploitation license. All materials of Shenandoah or of the client are carried at the client’s own charge and risks.
Unless otherwise stated, the clients also commits to subscribe all customary insurances of a show producer and make sure that they also cover, amongst others, the staff employed by Shenandoah and its performers for the Show as well as the material used by the latter during the Show.
The client is also in charge of requesting administrative or other authorizations as well as the requested accreditations for the purposes of the organization and production of the Show delivered by Shenandoah.
7. Payment. The invoices of Shenandoah shall be paid at the registered offices of Shenandoah. [A discount may be granted in case of early payment]. In case of lack of payment at due date, the sums owed to Shenandoah will automatically bear late interest, as its rights, without previous letter of summons, at the rate of 1% (one per cent) monthly, as from the date of the invoice, any started month being fully included. Besides, the client shall pay a conventional lump sum penalty of 10% of the unpaid amount, with a minimum of 50€, without prejudice of procedural compensation, attorney’s fees, recovery, judicial and execution costs. Further, in case of lack or delay of payment, Shenandoah reserves the right to suspend or cancel permanently future Show representations for the same client (those representations being the subject of the unpaid order or of any other order), without prejudice of damages being claimed by Shenandoah, if any.
Notwithstanding the foregoing, the outstanding debt is immediately payable. In case the invoice, at the client’s request, is made addressed to a third party, the client shall be jointly liable with the latter for the payment of the invoice and for the execution of any other taken commitment.
8. Liability. Shenandoah may not be held responsible in case of any non-compliance of the Show, which would be directly or indirectly caused by the information, elements or instructions given or approved by the client or in case of a so-called force majeure. Besides, the client warrants to Shenandoah and exonerates the latter of any liability regarding the fact that the Show elements (scenery, images, music, costumes, etc.), if any, handed over to Shenandoah for the execution of its performances may be freely used for the purposes thereof. The clients may not hold Shenandoah responsible in this regard, and keep Shenandoah unharmed of any direct or indirect consequences of claims or actions introduced against the latter by third parties, including defense costs.
9. Modifications, suspension or cancellation of order. Any suspension or modification by the client of an executed order may lead to the revision of the price or of the scenery initially agreed upon, without prejudice of the sanction to Shenandoah’s intellectual property rights.
The client may not terminate unilaterally an order while being executed or before the agreed issue date, without paying damages to Shenandoah covering its whole losses, such as all charges already paid and its losses of earning (at least covering the agreed price), without prejudice of damages. Shenandoah shall also, in any case, keep the initially agreed price and the down payment already paid. In the case they would not have been paid in their integrality yet, Shenandoah may claim the outstanding balance to the client. The same applies in case of cancellation of an order before it being executed.
The client’s order may be delayed, modified or cancelled in case of a so-called force majeure events, accidental case or any other external event beyond Shenandoah’s will such as natural disasters, wars, strikes, riots, death, illness or unavailability of ordered artists, this list not being limitative. Shenandoah commits however to warn immediately the client of the harmful circumstance and to propose, if any and if possible, an equivalent solution. In no case may Shenandoah be held responsible and no damages shall be paid to the client in such circumstances.
10. Complaints. Any complaint regarding the invoices of Shenandoah must be notified by registered letter within eight days of their sending. Otherwise, the invoices shall be considered as agreed without restriction.
11. Subcontracting. Shenandoah may deal with, and subcontract to any third parties of its own choice, natural person or legal entity, under its own responsibility, for the purposes of the execution of the missions entrusted to it.
12. Representation. Any natural person committing towards Shenandoah in another’s name, or in a company or other entity’s name, shall be personally and jointly held responsible with this third party, company or other entity for all the commitments so taken. Shenandoah is responsible towards the client only. Any natural person acting towards Shenandoah for the client is deemed being fully entitled to represent him and to act in his name and on his behalf.
13. Nonfulfilment. In case Shenandoah would be held responsible for any breach of the missions entrusted to it, the total amount of the damages due to the client, if any, may not exceed ten percent (10%) of the amount invoiced for the concerned harmful mission.
14. Nullity. Waivers. The nullity or the non-invocability, if any, of any provision hereof those general terms may not lead to the nullity or non-invocability of the others. If Shenandoah does not take advantage of or enforce any provisions hereof, it may not be interpreted as a waiver of it.
15. Lawsuit. Any lawsuit arising between Shenandoah and the client shall be instituted in front of the French-speaking courts of Brussels, which shall apply Belgian laws.

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Terms of use

1. Scope of application
The access, use, consultation or any other operation on the site www.shenandoah.be (hereinafter called “the Site”) as well as all documents, information and services are submitted to the conditions listed below (hereinafter called “the Charter”) and to the applicable laws.
The company Shenandoah (hereinafter “Shenandoah”) is free to make at any time any modification, alteration or addition to the Charter that will be applicable immediately. The users will see to it that they have taken cognisance of the last version of the Charter.
The Charter is accessible at any time on the site. The users are at liberty to take a copy thereof or to ask it to be sent by post to their address.
When acceding and surfing on this site, the user accepts, without limitation, the terms of the Charter. If he/she does not adhere to them, he/she will be kindly requested to go off-line.
This Charter constitutes and expresses the entire agreement between the user and Shenandoah within the framework of their use of the Site. Any other verbal or written agreement having existed previously between the parties is superseded by the terms of this Charter.
2. General
The Site, its content and addresses belong to Shenandoah of which the address is as follows:
Shenandoah sprl
Bastion Tower, Level 21
5 bte 14 Place du Champ de Mars
B -1050, Brussels
Belgium
The site has a purely informational purpose and is accessible without guarantee of any kind.
The users use the Site and the linked sites under they own and sole responsibility.
In spite of all the care brought to the Site building, Shenandoah does not guarantee among others :
- the absence of error in the functionalities proposed by the Site;
- the absence of interruption in the operation of the Site;
- the immediate correction of any defects;
- the absence of virus or any other prejudicial element;
- the absence of error in the information provided on the Site.
Shenandoah accepts no responsibility in case of prejudices caused among others by an interruption, defect, delay in the operations or transmissions, a computer virus, a network default or any other ground when utilising the Site or its content.
Shenandoah manages freely and independently the Site contents. It can henceforth especially without previous notification:
- suspend or cancel the access to the Site or to part thereof;
- modify the information available on the Site;
- modify the presentation of the Site, its structure, and its subsites.
3. Protection of the privacy
The users agree and are aware of the fact that Internet is not a fully secured means of information and that consequently no full guarantee as to the protection of their privacy can be given.
The sending by the user of his/her personal data is always at his/her own risks.
Shenandoah dedicates however all the required attention to the compliance with the law of 8 December 1992 on the protection of privacy with respect to the treatment of personal data, as amended by the law of 11 December 1998 transposing European guideline 95/46/EC of 24 October 1995, made mandatory by Royal decree of 13 February 2001.
Only the personal data communicated by the users of their own free will in the heading “contact” or “candidacies artists” are recorded and stored in Shenandoah’s files and can be used for the promotion of its services, updates of the site and to keep the users informed of Shenandoah activities if they ask so.
No personal data given through the heading “contact” will be communicated to third people without the user’s agreement.
No data will be recorded without the users’ knowledge, nor meant for transmittal to third people, or used for commercial purposes or to sketch a statistical profile of the users.
The users are at any time at liberty to have access to their personal data in Shenandoah’s files, to have them rectified or withdrawn.
4. Transmittal of documents
The users transmitting to Shenandoah photographs, audio or sound files or any other document authorise Shenandoah by such transfer to use freely the content thereof in all possible ways and to communicate them on the Site or to third people, without any remuneration or any other consideration being due.
They commit to hold Shenandoah harmless against any prejudice that would result from the use of such documents.
5. Respect of the Site and Internet network
The user of the site agrees not to commit or omit acts that would have as object or effect either directly or indirectly:
- to disturb or interrupt the networks connected to the Site or third people’s servers;
- not to comply with any regulations and procedures of the Internet network;
- to hinder the use of the Site;
- to copy, modify, interfere with the site, its use or its content;
- to use the Site for illegal purposes forbidden by the terms of this Charter or harming Shenandoah’s rights or the rights of artists referenced therein, or to encourage such acts.
No part of the Site or of its contents may, without such list being exhaustive, be copied, reproduced, published, downloaded, circulated, used in an advertising, translated, transmitted or distributed in any other way or to another computer, server, website, or through any other means of communication, publication or distribution, without Shenandoah’s prior explicit agreement in writing.
The user commits not to make use of “deep-link”, “page-scrape”, “robot”, “spider” or any other means, program, method, algorithm that might interfere with the proper operation of the Site, nor to copy, accede, obtain any information, file or document in any way whatsoever, that would not have been made voluntarily accessible on the Site.
The user will not interfere with the use of the Site by third people by trying for instance [to get access to the personal data, passwords, or] to track any information on third people having had access to the Site.
The user will not test the Site capacity or its vulnerability and will refrain from any act that might undermine its security or integrity. He commits also not to perform any act having as effect to impose an overrun of the bandwidth.
6. Intellectual property
The Site, its content and any material and elements of the Site such as texts, songs, diagrams, interfaces, layout, photographs, logos, fonts, interviews, trademarks, music, source code, programming, sound and visual excerpts, including the design, structure, expression, general impression of the Site (hereinafter “the Content”), are and remain Shenandoah’s exclusive property. The elements are especially protected by the law on copyrights and neighbouring rights of 30 June 1994, the law of 30 June 1994 transposing in Belgian law the European guideline of 14 May 1991 relating to the legal protection of computer programmes, as well as all current international texts.
By using or acceding to the Site, the user does not acquire any right whatsoever thereupon.
Pursuant to the aforementioned texts, it is especially strictly forbidden, without Shenandoah’s prior authorisation in writing, to reproduce all or part thereof, either permanently or temporarily, on any graphic or digital support, to download, modify, adapt, use, translate, transmit, store, communicate to the public, the content of the site, for any purposes and in any ways, even for no consideration.
The users may however download the information accessible to them on such site, at the following conditions:
- they do not remove the mention relating to the copyright owner;
- they only use such information for a strictly private and not commercial use;
- they do not place such information in a computer on network or in another media accessible to the public;
- they do not modify the documents and information found therein.]
7. Cookies
The Site uses cookies, files stored on the user’s computer and sent through the Site to the user’s browser in order to identify the users.
8. Hyperlinks
The permission to operate hyperlinks to the Site should be obtained from Shenandoah previously in writing.
Obtaining such authorisation does not carry along in any way a right of licence on the content of the site, nor any responsibility of Shenandoah as to the site managing the link.
No authorisation is granted or maintained if the applicant does not at least commit to the following:
- not to copy, reproduce, communicate or distribute to the public whatever information contained on the Site;
- not to ruin the reputation of the Site, of the artists mentioned therein and of the information found therein;
- not to create the impression in any way that both Sites are linked;
- to create the link only on the home page of the Site;
- to inform Shenandoah within a reasonable time period, of any petition or request relating to the hyperlink, including the decision to remove it;
- to undertake full responsibility in case of damage or loss caused to the Site, directly or indirectly linked to it;
- to guarantee the use of an hyperlink to the Site is not illegal pursuant to the applicable laws;
- not to create an hyperlink from a site containing information likely to form the object of a claim for slander, defamation, counterfeiting or for any other breach to third parties’ rights and interests, or from a site not meeting the standards of public decency and good taste;
- to indemnify Shenandoah in case of third party’s complaint resulting from the non-compliance of these terms and conditions or from the access via the hyperlink to the Site;
- to comply with the other conditions fixed by Shenandoah.]
Shenandoah’s decisions with this respect are discretionary and final and they do not entitle to any indemnity or other form of compensation to the benefit of the concerned users.
9. Linked sites
The Site may contain links to other websites belonging to third people (“linked sites”). These linked sites are made available to the users for their convenience and are not under Shenandoah’s control. Henceforth the latter declines any responsibility as to their content and the information contained therein. The users accede to it of their own free will and under their own responsibility.
10. Limit of responsibility
If in spite of the provisions of this Charter, Shenandoah should be held responsible for any damage or loss derived from the utilisation of the Site or of its content, Shenandoah’s responsibility may in no case exceed € 1,000.
The user commits to hold Shenandoah, its employees, eligible party, agents, affiliates, subcontractors and partners harmless in case of action, loss, complaint or indemnification (including lawyer’s fees) initiated against them by any third person, in relationship with or as a consequence of his/her use of the Site.
11. Infringement on the utilisation Charter
Shenandoah may communicate any information relating to the users (including their identity) if this turns out to be necessary in case of complaint or investigations relating to their use of the Site in contradiction with this Charter or with the applicable legislation.
To this end they may keep all transmittal forms, data and information a user would have communicated through the Site.
This will also be the case in order to may identify, contact or file proceedings vis-à-vis anybody causing damage or interfering with the Site and the rights of Shenandoah, the artists or others users of the Site.
Shenandoah reserves hence the right to disclose at any time any information deemed necessary consistent with the applicable law, a judgement or a request of the public authorities, including the exchange of information among companies with the purpose of fraud prevention.
Shenandoah may freely, without prior notification, terminate the access to the Site of any users in case of technical problem or fitting up of the Site.
Any violation of the Charter will be considered as an act of unfair competition and a contractual shortcoming calling for monetary compensation or other, as Shenandoah will find most appropriate.
In case Shenandoah would have to initiate legal proceedings as a consequence of the infringement of the terms of the Charter by a user, the latter will be held to reimburse all costs Shenandoah will have had to incur on this occasion, including the lawyer’s fees, costs and expenses, in addition to the indemnification due to Shenandoah.
12. Nullity of a clause
If a court would consider one or several causes of this Charter as null and void, only a minimum will be considered as null and replaced by valid provisions meeting at best the objective of this Charter.
13. Applicable legislation and litigation
The provisions of the Charter are entirely governed by the Belgian law, the same as all the relationships between Shenandoah and the users of the Site relating to the use thereof.

In case of litigation only the courts of the judicial district of Brussels, resolving in French, are competent.

The information contained in this Site is likely to be modified without prior notice.
Copyright© 2011 Shenandoah. All rights reserved.

Shenandoah sprl
Bastion Tower, Level 21
5 bte 14 Place du Champ de Mars
B -1050, Brussels
Belgium
Tel. 02 503 51 33 / Fax: 02 375 33 60
Updated on 01/07/2011
Effective as from 01/07/2011

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