Band-Manager.nl (part of VOF Op Zoek naar een Band) PLEASE READ THE FOLLOWING TERMS
& CONDITIONS: BY USING OUR SOFTWARE YOU ACCEPT THESE TERMS AND CONDITIONS (and any
amendments thereafter) STATED BELOW IN A LEGALLY BINDING MANNER These terms & conditions
govern the use of the Band Manager website and the Band Manager online software.
The following websites are part of Band Manager: http://www.band-manager.nl (for
dutch customers)
http://www.artistmanagement-online.com (for international customers)
Band Manager Online Software
The Band Manager Software is a service provided by Band Manager. The Online Band
Manager is a Band Management Tool which provides musicians means to organize their
musical activities as a band or as an individual musician. The software is completely
online which means that the user won't have to download any software. Features of
the Band Manager Tool include: an agenda to organize gigs, rehearsals, remarks etc,
a fanbase to keep track of your fans and inform fans by email, inform band members
on upcoming gigs or rehearsals, document storage and a personal web page for dutch
customers on artists agency Op Zoek naar een Band (http://www.opzoeknaareenband.nl)
The Band Manager Online Software has comes in three versions.
- Band Manager Pro (full featured version)
- Band Manager Free (free version with limited functionality)
- Musician's manager (for individual musicians) To inform users of the online software,
notifications of updates or changes will be sent occasionally via the message board
in the Band Manager Tool or by email.
Definitions
- Account
Means the account for one individual, band or entity.. An Account will have one
Account Owner but may have multiple Bands;
- Account Owner
Means the User who initially completes the registration process for their own or
a band’s Account. The Account Owner ‘owns’ the Account
- Activity
Means but is not limited to sending, posting and creating messages, to-do items,
calendar events, contact information and gig items;
- Band Manager
Means the legal entity Band Manager and also describes the Service, website and
products provided by Band Manager to the User as the context requires; Means but
is not limited to all software, music, sound, photographs, information, data, text,
graphics, video, messages, SMS messages, files or other materials posted, sent,
created or uploaded by the User;
- Data
Means but is not limited to the User’s personal details, messages, to-do lists,
calendar events, contacts, financial entries, gig information, any other data input
by the User into their Account;
- Free Account
Means an Account that is free to register and provides for up to 1 Users per Account,
a Message Board, a band Calendar, Band Member registration and SMS notifications.
- Pro Account
Means an Account with a fee of €9.95 / month and provides the full set of features
- Musician Account
Means an Account with a fee of €4.95 / month and provides a combined agenda with
items of all the bands the musician is a member of, a todo list and a Message Board.
- User
Means any individual, band or musician who uses the Band Manager Service, website
or products. This includes any person, band or legal entity who themselves register
for a Band Manager Account (Account Owners)
Mandatory User Requirements and General Conduct
The User agrees to use the Band Manager Service for the use it is intended. Users
must not violate any laws when using the Band Manager Service but comply with all
applicable laws. Band Manager will not be held liable for any laws violated by a
User. Users must not send or make available by any means files, programs or viruses
designed to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment. A User’s personal information must
be true, accurate and correct. It is an offense to provide false personal details.
Each User must have a legal name, address and date of birth. A User must not impersonate
another person or entity. A User must be 12 years of age or older to open an Account.
Band Manager Users between 12 and 18 years of age must only open an Account with
the permission of a parent/guardian. Band Manager reserves the right to request
the customary proofs of identification. Band Manager reserves the right to suspend
or terminate Accounts if it deems it necessary. The Band Manager Service must not
be used to inflict harm on others. The User must not cause disruption to the normal
operation of the Band Manager Service by interfering with the networks or servers.
Users are obligated to notify Band Manager of any violations of these Terms and
Conditions.
Band Name
If a band has copyright and/or trademark rights then Band Manager has the right
to remove any Account purporting to be a band that they are not and/or that infringes
copyright, trademark or proprietary laws. Band Manager has the right to remove the
Account from the system.
Activity of and Content posted by Users and Third Parties
Activity of and Content posted by Users The Account Owner is responsible for all
Activity and Content within their Account. Where any Activity or Content fails to
comply with Band Manager standards, Band Manager has the right to suspend or terminate
the offending Account. Band Manager does not review Activity or Content before it
is posted. Therefore no liability is accepted for any Activity or Content made available
by means of the Band Manager Service, including but not limited to emails, SMS,
music and message board postings. The Band Manager Service must not be used for
communicating threatening, abusive, defamatory, racial, libelous or otherwise offensive
Activity or Content. Activity or Content must not be posted unless it is legally
available to you. Band Manager will not be used for spam and junk mailing. Band
Manager reserves the right to remove, at its own discretion, any Activity or Content.
In the event of an Account cancellation or termination, the User understands that
all Activity and Content posted on the Account is only available for 30 days after
the Account has been terminated or cancelled. Band Manager will not be held liable
for any loss of Data, Activity or Content after this period. Activity of and Content
posted by Third Parties Any links, advertisements or other Activity or Content on
Band Manager’s website or the Band Manager Service that leads the User to view Activity
or Content provided by a third party is not Allowed
Privacy Policy
Emails -opt in and out: Band Manager users will automatically OPT OUT of any email
communication If a user is a member of a number of band Accounts, they will continue
to receive email alerts from these accounts. Band Fans who no longer wish to receive
band alerts or updates or any notifications may choose not to by visiting the opt-out
link within any Alert email. Once the link is clicked, the fan will instantly be
removed from the specific mailing list. . All notification emails and newsletters
from Band Manager also include the above instructions for opting-out of those communications
in the future. A full privacy policy can be found in the
privacy statement
Using the Online Band-Manager Software
The first month is free of charge. No payment details will be necessary to sign
up for Band Manager Pro, Band Manager Free or Musician Manager. After one month
the account will automatically convert to Band Manager Free account (in case of
a Band Manager Pro account) or in case of a Musician account will be closed when
no payments are made before the beginning of the second month. The first month will
be considered as a trial period.. Band Manager is not responsible for any information
posted or any information sent by users using the Band Manager Tool. Band Manager
does not review any information before it is posted or sent by email or SMS. Using
the Band Manager Tool for posting or sending information which can be held threatening,
abusive, defamatory, racial, libelous or otherwise offensive will lead to cancellation
of the users account.
Payments
Band Manager Free is a free account and Users of this account will not be invoiced.
Users of Band Manager Pro and Musician's Manager will be invoiced monthly at the
start of a new monthly period. Users can choose their payment method. Band Manager
provides the following possibilities: Credit Card and authorization for Dutch customers..
Please read our privacy policy for more details on how we treat your payment information.
If a payment fails Band Manager will attempt in reasonable manor, to contact the
Customer and inform the Customer on the failed payment. If after a reasonable effort
the payment is still not made, the account will be suspended until further notice.
Refunds
Refunds are not permitted .If a User requests a Refund from Band Manager once the
invoice month has already started Band Manager will not be able to give a Refund.
Partial month refunds are not given. Refunds cannot be given on unused Accounts.
Users must notify Band Manager according to the Termination and Cancellation policy
if they wish to cancel payment. Refunds cannot be given when upgrading/downgrading
Accounts.
Upgrade Account
Upgrading your Account Only the Account Owner can upgrade an Account. This option
is available in Account Settings. The free 30-day trial period is valid for the
initial Account type that the User registers for with Band Manager. For example,
if a User registers for a Band Manager Account, the first 30 days will be free of
charge. This 30 day trial period is not valid in case the User upgrades the Account
from Band Manager Free to Band Manager Pro.. The free 30-day trial period does not
apply to newly upgraded accounts, only for the first Account registrationUsers with
a Band Manager Free account will have the possibility to upgrade their account to
a Band Manager Pro account. By upgrading their account Users will have access to
the full feature set. Users will have to provide all the necessary payment information
such as bank account number, or credit card details. These personal details are
protected by our privacy policy. Please read the privacy policy for further information.
Downgrade Account
At any time, Users with a Band Manager Pro account have the possibility to downgrade
their account to a Band Manager Free account. Users will have access to their Pro
account until the end of their last payment period. After the payment period the
account will automatically downgraded to a free account.
Storage and usage of the Band Manager Service
The User agrees that Band Manager is not responsible or liable for lost and/or deleted
files that you the User have uploaded or any other Data or Content within your Account.
Termination
Band Manager reserves the right to terminate or suspend a User’s Account at any
time. If there has been a violation of the Band Manager Terms and Conditions the
User’s Account will be terminated, effective immediately. Band Manager has sole
discretion on terminating or suspending Accounts for any other reason not previously
stated. Band Manager shall terminate an Account at the request of a law enforcement
agency. Prior notice of termination may not necessarily be given to a User although
Band Manager will use reasonable efforts to do so. In the event of termination the
User will no longer have access to their Account and the login will be locked. Content
will be available for 30 days after the Account has been terminated. The User must
contact Band Manager within this time period to retrieve their Content and Data.
Termination of a User Account may also result in the suspension or termination of
another User’s Account. Band Manager reserves the right to refuse registration to
a User who has previously had their Account terminated or to a new User who Band
Manager views as a potentially inappropriate User. A potentially inappropriate User
refers to any potential User who Band Manager sees as using Band Manager for reasons
other than the intended use, or has had association with previously terminated UsersBand
Manager can refuse registration without reason. You agree that Band Manager is not
liable for the termination of your Account.
Account Cancellation
An Account can only be cancelled by the Account Owner. This option is available
in 'Band Settings' A request to cancel an Account will result in the Account being
locked immediately and no longer accessible. Content will be available for 30 days
after the Account has been cancelled. The User must contact Band Manager within
this time period to retrieve their Content and Data. At any time, Users of any type
of Band Manager Account have the possibility to cancel their account. Users can
do so by using the cancellation option in the Band Manager Account. Users of the
Band Manager Pro account or the Musician's Manager Account will have access to their
account until the end of the last payment period. Users of the Band Manager Free
account are denied access immediately after cancelling their account. Account information
will be stored in our information system for one month. Previous Users can regain
access to their account by re-opening. Previous Users can re-open their account
by requesting a re-opening to Band Manager by mail If your Account is cancelled
part way through an invoice cycle then your payment will be cancelled at the beginning
of the next invoice cycle. There are no part month refunds.
Indemnity Clause
The User shall indemnify Band Manager, its employees, shareholders, partners or
other such associations and hold them harmless from any third party claim or demand
and from any judgment or liability and against and from any loss, cost or expense
(including but not limited to lawyers’ fees and court costs which may be incurred)
due to or arising out of the User’s Activity or Content submitted to the Band Manager
Service.
Changes to the Service and Costs
The User agrees that Band Manager has the right to make changes to the Band Manager
Service at any time without prior warning and shall not be held liable by the User
or any third party for any disruption or loss this may cause. This can include but
is not limited to temporarily suspending features, permanently suspending features,
adding new functionality. Costs to the User are also subject to change. Band Manager
will provide the User with reasonable notice of any changes to the cost of the Band
Manager Service. The User or any third party shall not hold Band Manager liable
for any loss that may occur as a result of changes to costs. Agreements with advertisers
and other service providers The User understands that agreements and dealings with
the advertisers on the Band Manager Service and in the music Industry Directory
are exclusively between the User and the advertiser. Band Manager is exempt from
any arrangements and/or transactions that take place between a User and such advertiser
including delivery of goods and services, payments and any terms and conditions.
Should any loss or damage occur from such an arrangement and/or transaction Band
Manager will not be considered a party to any such arrangement and/or transaction
or dispute and will not be held liable or responsible
Customer Service
Customer Service enquiries are dealt with primarily through email. The User understands
and agrees that all correspondence with Band Manager should be directed to service@Band
Manager.nl to ensure a timely response to their query. Any queries relating to these
Terms
Complaints
In case of complaints, we can be contacted by email (info@band-manager.nl), The
User should clearly outline their complaint including all the facts relevant to
the complaint. While Band Manager endeavors to handle each complaint professionally
and investigate the matter thoroughly it will not be held liable or responsible
for any loss or damage incurred by the User through using Band Manager. Questions
or comments can also be posted to Band Manager by means of the Band Manager Tool.
Proprietary Rights, Trademark and Copyright of Band Manager
The Band Manager name, logos, service and product names are all trademarks of V.o.f
Op Zoek naar een band .nl All rights reserved The User agrees not to use or display
the logo or name of Band Manager without prior permission. The User further agrees
not to copy, replicate or sell any part of the Band Manager Service. The User acknowledges
and agrees that the interface provided by Band Manager uses software that contains
confidential and proprietary information protected by law The Band Manager Service
is to be accessed only by the interface provided by Band Manager to a User. The
User must not wholly or partly modify, take as their own, use for a purpose other
than their own personal Account, rent, sell, make available in another form, hack
into the system or create another website claiming affiliation with Band Manager.
The User acknowledges and agrees that there is Content on the Band Manager Service
that is protected by copyright, trademark and proprietary laws.
Disclaimer
The User agrees to all of the following terms: Band Manager does not make any guarantees
that the Band Manager Service will be accurate, prompt, secure, without interruption
or meet a User’s prerequisites and expectations. Band Manager cannot guarantee that
products purchased or used as a result of Band Manager will be as expected. A User
uses the Band Manager Service at their own risk. Band Manager provides the Band
Manager Service in its present form (‘as is’). Band Manager disclaims all guarantees,
whether expressed or implied, including, but not limited to the implied guarantees
of salability, profitability and suitability for a stipulated purpose. Correspondence
received by a User from Band Manager does not act as a guarantee for anything stated
in the Terms and Conditions. Band Manager does not accept any responsibility or
liability for any damage or loss on a User’s computer incurred by viewing or downloading
Activity or Content through the Band Manager Service. The User understands and agrees
that Band Manager shall not be liable for loss or damages relating to but not limited
to, loss of Data, loss of profit, material losses and damages, directly or indirectly,
as a result of the use of the Band Manager Service or goods or services obtained
through using the Band Manager Service. Band Manager endeavors for the content of
the website and software to regularly update and / or supplement it's contents.
Despite this care and attention it is possible that the content is incomplete and
/ or incorrect. Band Manager provides the contents of the web page and the software
as it is, without warranty or guarantee as to the soundness, fitness for a particular
purpose or otherwise. The publisher is not liable for damage or threat of injury
to and resulting from or in any way related to the use of the web page or software
or the inability to consult the web page. The publisher intended not to use their
discretion and at any moment he chooses (to) change or terminate, with or without
prior notice. The publisher is not liable for the consequences of change or termination.
Subject to this disclaimer, the editor is not known to be responsible for the linked
files of third parties. These links do not constitute an endorsement of those files.
Unauthorized or improper use of the website or its content or the online Band Manager
software may be a violation of intellectual rights, legislation concerning privacy,
publication and / or communication in the broadest sense of the word. You are responsible
for all that you send from the web. The publisher reserves the right to deny you
the permission to the web page or any service that Band Manager offers. Remark:
SERVER CRASH Further information relating to the website should be addressed to
the publisher. All rights reserved The User agrees that Band Manager shall not be
liable for loss or damages relating to but not limited to, loss of Data, loss of
profit, material losses and damages, directly or indirectly, as a result of the
use of the Band Manager Service or goods.