Find a Musician Terms and Conditions
You must be 18 or over or represented by someone 18 or over to register on the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your Membership for any reason and at any time by following the 'my account' link on the right hand menu and selecting 'Delete Account'. Find-a-musician.com may terminate your Membership for any reason and without prior warning. If you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after Membership is terminated, this Agreement will remain in effect.
(5) Intellectual property rights
Unless otherwise stated, find-a-musician.com or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the licence below, all our intellectual property rights are reserved.
(6) Licence to use website
You may view, download for caching purposes only, and print pages from the Website, provided that:
(a) you do not republish material from the Website (including republication on another website), or reproduce or store material from the Website in any public or private electronic retrieval system;
(b) you do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or material on the Website for a commercial purpose, without our express written consent;
(c) you do not use the Website for illegal and/or unauthorized activities, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website. All incidents will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.
(d) you understand and accept that find-a-musician.com reserves the right to remove content, messages, images, audio or profiles (collectively, "Content") that in our sole judgment violates this agreement.
(e) you are solely responsible for any Content that you upload to the Website.
(7) Copyright Policy
You may not upload to the Website any material for which you do not hold the copyrights, trademarks or written consent(s) of the owner(s), or any material that infringes on the copyrights or trademarks of others.
(8) Types of Membership
People who register on the Website become "Members".
Find-a-musician.com has two levels of Membership. "Fully Subscribed Members" and "Basic Members”. As well as being able to browse the Website like any visitor to it, Basic Members may:
- enter their name and other details of their band or themselves which appear on the Website and which may be updated at any time;
- receive automated emails when another Member contacts them;
- contact other Members;
- upload one image;
- upload one Mp3 demo;
- be able to save favorite bands and musicians to favorites to be viewed at any time;
- be able to save five favourite searches;
- view other Basic Members' and Fully Subscribed Members' details as displayed on the site.
In addition to the facilities available to Basic Members, Fully Subscribed Members may:
- keep their account even if they haven't signed in for four months;
- have a sent message folder;
- keep sent and received messages indefinitely;
- read messages sent by other Members and reply to those messages;
- be able to send contact information in the form of email addresses, web addresses and phone numbers;
- be able to include contact information in the form of email addresses, web addresses and phone numbers in their profiles.
- upload 3 Mp3 demos;
- upload 3 images.
Where Fees are paid for Fully Subscribed Membership, if you wish to cancel your Membership or your subscription you may do so at any time. If you choose to cancel your subscription but not your Membership, your subscription remains active until your next subscription would normally be due. Please note that we reserve the right to alter the amount of any Fees, the period which they cover or the services made available to you.
Trial periods and special offers, when and if they are available, and whether they are free or paid for, are only available once per individual or group of individuals unless expressly stated otherwise.
Fees are paid on a recurring basis subject to the package you signed up to and will be automatically renewed on or around the due date unless cancelled.
The current fees (as of 24 May 2013) are:
|1 month||US$ 7.98|
|6 months|| US$ 39.90|
|12 months|| US$ 71.82|
(10) Limitations of liability
You acknowledge that it would be unreasonable to hold us liable in respect of this Website and the information on this Website.
You acknowledge that it would be unreasonable to hold us liable or responsible for the behaviour of other Members or users of the Website either on or outside the Website or on or offline. We do not pre-screen or monitor any material placed on the Website by Members.
You acknowledge that you are solely responsible for your behaviour on the Website and your interactions with other Members of the Website. We have no obligation to monitor disputes between Members but we reserve the right to do so.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on this Website is kept up-to-date.
You acknowledge that even though prohibited by the Website, certain Members may behave in a manor that is misleading or illegal. Furthermore, you should be aware that people might not be who they claim to be. You should exercise the same caution on the Website as you do offline.
You acknowledge that you use the Website entirely at your own risk. Find-a-musician.com assumes no responsibility for any theft or destruction or unauthorized access to, or alteration of, user or Member communications or Content.
You acknowledge that it would be unreasonable to hold us responsible should the Website or its services become unavailable due to technical difficulties with the Website or the hosting company.
We do not endorse any third party sites that are linked to from the Website nor do we have any responsibility for their content. Furthermore, we are not responsible for the Terms and Conditions or the Privacy Policies of any such sites.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
In no event will find-a-musician.com be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising from your use of the Website, whether arising in tort, contract, or otherwise, even if find-a-musician.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, find-a-musician.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to find-a-musician.com.
Under no circumstances will find-a-musician.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any Content posted on the Website or transmitted to Members, or resulting from participating or downloading materials in connection with the Website, or any interactions between users of the Website, whether online or offline.
(11) Restricted access
Access to certain areas of the Website is restricted. We reserve the right to restrict access to other areas of the Website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion.
(12) Bulletin board / chat room / comments/ profiles/ messages and any other content
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.
You must use the Website in a manner consistent with any and all applicable laws and regulations.
You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website for any purposes related to marketing or commercial activities without our express written consent.
You must not use the Website to copy, publish or send mass mailings or spam. We may limit at our discretion the number of messages that may be sent to other Members in any 24 hour period which we deem appropriate.
You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law. All material you copy, publish or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime or provide information about illegal activities; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, menacing, solicit passwords or indentifying information for commercial or unlawful purposes or exploit anyone under the age of 18.
The information you place on the Website about yourself or your band should be accurate and current.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.
We reserve the right to edit or remove any material posted upon the Website.
In respect of all material that you post on the Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
(13) Variations and Amendments
We may also notify you of any changes by email.
These Terms and Conditions are effective from the 25th May 2011.
(14) Entire agreement
(15) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Should any part of this Agreement be held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
(16) Our contact details
You can contact us by post at any time. Contact us by email to request our postal address:
Should you become aware of anything on the Website that appears to infringe these Terms and Conditions please contact us on the above email address.
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