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.artiesten-boeken.eu) 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 (barttauri@gmail.com), 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.