You are at least 13 years old. This is probably something to do with the ability to enter into a legally binding contract. I’m not sure about that, but I’ve seen it in a lot of other T&Cs online. If you are under 13, write to your political representative. Or, you know, busk for cash until you’re old enough. Or alter your birth certificate?
Come to think of it, you’re telling the truth. i.e., you are actually over 13, not just saying you are. i.e., you are actually over 13, not just saying you are.
We can make minor changes to the Terms without notifying you beforehand. You will get a notification like “the Terms and Conditions have changed” (of course). If we speak to a lawyer who says that the Terms aren’t robust enough and that we have to add a few lines, without changing the important parts, we’ll just go ahead and do that.
If we have major changes to the Terms, we WILL notify you beforehand. In other words, if we decide we want to change how we use photos or music on our site, or the access your audience has to your work, or how much we charge, we’ll let you know in advance (so that you can tell us what you think).
If you do not trust us to change the Terms without screwing you over, you probably shouldn’t be using our service anyway. Because we can’t afford lawyers, a lot of what we do is based on trust!
We can change the Terms at any time, for any reason, in any way, without your permission. People will have different views on how this service should be run, and we won’t be able to please 100% of you. So, we’re keeping the right to make decisions on how to change the Terms without your permission.
If we do change the Terms and it’s somehow awful, disable your account. But let us know why you’re disable your account, so we can learn!
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner ("Post") on the web site, or transmit to other Members or clients.
In legalese, I'm afraid...
You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will also not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You will use the web site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the web site is void where prohibited.
You will not provide inaccurate, misleading or false information to TBP or to any other Member. If information provided to TBP, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify TBP of such change.
You will not engage in advertising to, or solicitation of, other Members or clients to buy or sell any products or services other than live event services through the web site. You will not transmit any chain letters or junk E-mail to other Members or clients.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will promptly report to TBP any violation of the Terms of this Agreement by other Members or clients.
TBP reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. TBP shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of TBP, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS you POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Members or clients that are not readily accessible to the general public will be treated as private by TBP to the extent permitted by applicable law.
The Service permits users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. When you post links to other websites, they must be “safe for work”. Kids will be using this website.
TBP grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use.
We do not control the information provided by Users that is made available through our Service. You may find other Users’ information or Content to be offensive, harmful, inaccurate or deceptive. (If you do, let us know –we’ll see if it should be removed).
Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Service. Please note that there are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Service, you agree to accept such risks and TBP is not responsible for the acts or omissions of users on the Site.
You may receive certain types of information (about other users on the site, including, but not limited to, their name and profile photo). As a condition of receiving such Information, you acknowledge and agree that you will not disclose, rent, or sell Information to any third party, and you will use said Information only to communicate with them in a normal, non-spammy manner. Tell them about your latest album or shows, that’s fine, but don’t go overboard, and give them ample opportunity to opt-out of your mailing list.
Any non-essential emails sent to Fans via our Service will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so. Essential emails include things like password reset requests, notifications of someone trying to hire you and so on. Those you cannot unsubscribe from.
We get to make some revenue by providing our Service, either by taking a commission, or through flat fees, or sponsorship deals, or advertisements, or donations, or sales of our own merchandise, or any other way we see fit, except the following:
If we want to use your stuff in any way not listed in these Terms, you’ll need to give us specific prior permission to do so. In other words, if we wanted to use your music in a compilation album, we’ll sign a new, different contract with you giving us permission to use/sell your work on our behalf.
We reserve the right to remove any content we want from the website, for whatever reason, at any time, without prior notification (especially if we think you’re being an Asshole). We’re liberal, happy-go-lucky people, but some stuff goes too far, and we don’t want to get embroiled in an argument about exactly what.
We reserve the right to change or modify any fees or technology associated with our site. This especially related to fees and technology related to music sales, streaming and downloading, and to the methods by which buskers get hired through our website.
We can display your profile in lists, like, but not limited to, “best of”, “most popular”, “most fanned”, “highest rated”, “staff picks” and so on. Some of these services may be opt-out. Others will be automatic. But, you know, it’s all good publicity for you.
You may tell your audience anything you like about getting tips through our Service, and they are free to tip you as they wish. And we’d love it if you were to tell us what works in the street!
We take no fee from your tips. We take no commission on your tips.
Stripe, PayPal or any other service we use to enable payments on our platform can charge whatever fee they choose, at their discretion. The Busking Project has no control over Stripe or PayPal. If they change the fee they take, then that’s how it is. We will try to make sure the 3rd-party services we use are competitive!
TBP reserves the right to change its price list and/or commissions and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail and/or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. We will make best efforts to notify you of these changes!
We are not here to fleece you. If we were to put our prices up to a non-competitive level, you’d leave us. It makes business sense for us to charge only enough for us to stay solvent, not to make a huge profit off of your talents.
We have no control over how Buskers behave using our Service, other than to ban them for being an Asshole. Get in touch if something’s troubling you. In other words, if you tipped a Busker using our service, and they’re not responding to your messages, or saying/doing things you don’t like, there’s nothing we can do; we cannot refund your tip.
We provide you with the ability to upload sound recordings and other content. TBP doesn’t have ownership rights over this content. However, you grant TBP the worldwide, non-exclusive, royalty-free right and license to:
If any agreement you have entered into with any third party prohibits you from granting TBP the right and license set forth in this Agreement, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding TBP harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
We reserve the right to resell your IP. You set the price, you upload it to your service, and then people who want to buy your music can purchase it from us.
TBP shall be entitled to a commission on the revenue you receive from Sales (the “Revenue Share”), which shall be calculated on your income from each Sale, not including any Sales for which a refund is required. Put simply, you’re giving us the right to take a commission from music you sell. This helps keep us going.
You may change/set the suggested Tip for your music at your sole discretion. Music Sales will split revenue thus: 90% for the street performer, and 10% will be split between The Busking Project and the cashless payment provider.
TBP may redistribute previously purchased copies of your products to users who have, in our view, received a corrupted copy of your product, an incorrect file format, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution).
You’re responsible/liable for your own dodgy credit cards, debts, PayPal fees, sale fees, disputed payments and refunds.
TBP may immediately halt the offering or sale of any goods or services, prevent or restrict access to our Service or take any other action in case of technical problems or disallowed content.
TBP reserves the right to change its commission on music sales, and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail and/or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. We will make best efforts to notify you of these changes! Currently, the commission is set at 10%.
We are not here to fleece you. If we were to put our prices up to a non-competitive level, you’d leave us. It makes business sense for us to charge only enough for us to stay solvent, not to make a huge profit off of your talents.
Music purchased in a Sale cannot be guaranteed to be available to you perpetually. In other words, if we find out that the music sold on the site infringes copyright laws, we’ll have to get rid of it, and it won’t be available on the site any more.
Our service enables you to sell and buy music. Busk.co allows members to buy and sell original music.
Although TBP reserves the right to take a modest commission from music sales, buskers are responsible for managing customer complaints, feedback and refunds. TBP is not responsible for managing refunds.
If we learn that music uploaded to the site infringes on existing copyrights, we will remove the music. This may cause customers to lose access to digital copies of songs (as these songs will be removed from our site). Again, TBP will not be responsible for refunds related to music removed due to copyright infringement.
Unfortunately, you bear all risk from the denial of access to any Content purchased through the Service. We won’t give refunds for people who’ve purchased copyrighted materials. You’ll have to seek refunds from the buskers themselves.
As stated above, although these are our current Terms and pricing structure, TBP reserves the right to change or modify any fees and any technology associated with our music service.
We do not charge people to make accounts on our websites. All of our basic features are free, including, but not limited to, the creation of profiles, uploading of media, linking to social networks, getting found and hired for gigs, and being displayed on various pages on our website and apps.
However, we have created certain features for members, the current benefits of which you can see HERE . TBP reserves the right to change the features for premium accounts, and to institute new features at any time, upon ten (10) days prior notice, which may be sent by e-mail. If we remove features, we will notify you of the change, and you will be able to immediately downgrade to a free account and not be charged from that point in the billing cycle onwards.
TBP reserves the right to change its price list and/or commissions on premium accounts, and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail and/or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. We will make best efforts to notify you of these changes!
If we change our fees for membership, we will notify you of the change, and you will only be charged the changed amount at the end of your billing cycle, or after 6 months, whichever happens latest .
You can cancel your premium account at any time. Once you cancel, your Premium Services will continue for the duration of the billing cycle for which you have already paid.
We are not here to fleece you. If we were to put our prices up to a non-competitive level, you’d leave us. It makes business sense for us to charge only enough for us to stay solvent. We will endeavour to charge the right amount, and never change how much that is.
If you are unhappy with your membership for any reason, let us know why, and we will review your case to determine whether a refund is due. We may decide that you have used our service properly, and therefore no refund is due. In other words, we make no guarantees that you will get hired for events if you become a member.
TBP has the explicit right, but not the obligation, to suspend and/or remove any TBP Member from the Service at any time, at TBP’s sole discretion. Without limiting the previous sentence, TBP has the explicit right, but not the obligation, to suspend and/or remove any TBP member from the Service at any time, for any breach or suspected breach of the Terms of this Agreement.
TBP is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on TBP. TBP reserves the right to crop or reject any photo at our discretion. TBP reserves the right to reject any audio or video sample at our discretion.
TBP reserves the right to terminate your membership at our discretion without notice. If we do so, you will receive a refund of a prorated amount based on any unused portion of your membership time remaining.
When you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program. This means that we will charge the credit card you supplied at the start of each new membership term.
If you purchase a TBP membership at a discounted rate and stay opted into Auto Renew, your discount will continue to apply to all future membership renewals. Your rate will be locked in.
You may cancel your membership by contacting TBP at email@example.com.
Our Service enables you to get hired for events. Busk.co helps users find entertainers for their weddings, corporate events, private parties and so on. Buskers and clients share the responsibility for making sure events facilitated by TBP are exciting, rewarding, and hassle-free. It is not TBP’s responsibility to ensure the quality of the entertainer, the venue or the people involved in the event.
Try to sort problems out between yourselves.
However, TBP does attempt to provide information about the quality of entertainers via communications. We also help facilitate the conversation between entertainer and consumer, in an attempt to ensure that you both have enough knowledge. Hopefully you will find that this is enough.
Although we do not accept blame for “bad gigs” (on either side), we feel bad if/when this system doesn’t meet your expectations. Send us concerns, questions and complaints to firstname.lastname@example.org. We will attempt to sort out conflicts quickly.
The Service allows anyone to buy and sell live event services. In an effort to make the buying experience positive, TBP provides direct services which help Buskers and customers book their sale.
However, as is the case with sites of this kind, we have limited control over the quality, safety or legality of the services advertised. In the unlikely event there is a dispute, we require Buskers and consumers to comply with our resolution process.
Sort it out among yourselves. If you can’t, email us to let us know. We’ll do our best to work out which party is in the wrong, and act fairly. We do not guarantee refunds of any transactions between Buskers and people hiring them. However, if we are certain that the hirer has been badly treated by the Busker, we will give a refund on any commissions or service charges we have taken.
Buskers and customers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with TBP. In other words, we will refund OUR fees if we believe that a refund is deserved (a calculation that we will make alone). Any fees that the customer wants to get back from the Busker must be worked out between both parties – TBP has nothing to do with whether the Busker provides a refund to the client.
We strongly encourage customers to work with Buskers before opening a claim relating to the booking of entertainment.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous TBP refund or reimbursement.
You may not take any actions that may undermine the integrity of the TBP review system. We may, but shall not be obligated to, limit the number of reviews you may place on the Site based upon the level of your reviews.
If you engage in the practice of libel, slander, foul language, threats and/or threatening language, or any other behaviour that might be considered Asshole-y, TBP has the right to remove or edit your reviews. TBP also has the right not to edit or remove your reviews. Likewise, TBP clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. TBP has the right to remove or edit client reviews. TBP also has the right not to edit or remove client reviews for clarity, length or decency.
All reviews will be published on the Service at the discretion of TBP. Reviews are not to be used by Buskers in order to threaten, harass, blackmail, or extort money, goods/services from clients. If TBP concludes that a review has been used by a Busker to threaten, harass, blackmail, or extort money, goods/services from clients, TBP shall have the right, but not the obligation, to temporarily suspend or permanently remove said Busker and said Busker's TBP Account from the Service.
Reviews are not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from Buskers. If TBP concludes that a review has been used by a client to threaten, harass, blackmail, or extort money, goods/services from Buskers, TBP shall have the right, but not the obligation, to temporarily suspend or permanently prevent said client from utilizing the TBP Service to contact Buskers and book services through the TBP Service.
A Busker may not cancel on a TBP Client because he or she is afraid of receiving a less than perfect or negative client review after the event has taken place. If a Busker earns an overall net review rating of 1 (one), TBP shall have the right, but not the obligation, to suspend the Busker’s ability to be hired for Gigs through our Service.
You acknowledge that your reviews may consist of comments left by other Members and users and a composite review number compiled by TBP, and that the composite number without the comments does not convey your full user profile. Although review ratings are not designed for any purpose other than for facilitating booking between TBP Members and users, you are allowed to market or share your TBP review rating in any venue, as long as full attribution and hyperlinks to our site are included in that use of your review placed elsewhere. "Review on The Busking Project ", hyperlinked to https://busk.co or to the URL of your profile on busk.co will suffice.
TBP has the explicit right to temporarily suspend or permanently de-activate the Membership of any TBP Member who falsifies bookings and/or client information. Falsifying bookings with an attempt to deceive TBP clientele by artificially inflating ratings and booking totals is not permitted.
TBP has the explicit right to temporarily suspend or permanently de-activate the account of any busker who has been a "no-show" for more than one TBP booking and/or fails to return the client's deposit or balance payment for said no-show. TBP has the explicit right to temporarily suspend or permanently de-activate the Account of any TBP busker who cancels (for any reason) a booking on a TBP client and subsequently fails to return the client's deposit or balance payment.
TBP has the explicit right to temporarily suspend or permanently de-activate the ability of Buskers to be hired for gigs if they fail to reply to five or more consecutive gig-alert emails.
TBP will refund our commission and the Busker is not assessed a penalty. Client cannot post reviews. Client and Busker are responsible for sorting out any other fees that client has paid busker. Let us know how this goes. Email us at email@example.com
TBP will refund the booking fee and TBP reserves the right to issue the Busker a "no show" penalty. The Busker faces possible suspension or termination of Membership. Client may post a review. In the case of a ‘No-Show’ where no replacement is found - If the client has paid the booking fee, client will be refunded their booking fee.
TBP will refund our commission. Client cannot post a review.
TBP will not refund our commission. Client cannot post a review.
TBP will cancel the booking, refund the booking fee, and try and help the client find a replacement Busker.
TBP will refund the booking fee, TBP reserves the right to issue the Busker a "no show" penalty, TBP reserves the right to issue the Busker Strike 1, and the Busker faces possible suspension or termination of Membership. Client may post a review. TBP will try and help the client find a replacement Busker.
When a booking occurs through the TBP platform, TBP does not collect a commission. However, Stripe or PayPal may take a commission. We have no control over how much they charge for the use of their services.
If TBP has warned any Member once about any violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the TBP User Agreement a second time, TBP reserves the right to permanently ban said Member from TBP Membership effective immediately. TBP also has the explicit right to remove any TBP Member at any time as circumstances warrant.
Without limiting any other remedies, TBP may, but is not obligated to, suspend or terminate your account and/or Premium Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
TBP may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership, including, without limitation, any access to any Music you may have purchased through the Service.
You can create a “Fan” account. This will give you access to various features on the site, but you will not be able to Sell Music, accept Tips or get hired for Events.
If you become a “fan” of a specific busker (clicking that link on their profile), they will be able to send you a notification through the website. This notification will also appear in your email inbox (e.g. Your gmail email account). The busker will also receive a link to your profile on the site, along with any information that you choose to share about yourself, including your name and profile photo.
You will be listed as a “Fan” on that busker’s profile page (once that feature has become active).
You acknowledge that TBP has no control over how the Buskers use the information they get from their Fans. TBP is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Busker’s use of such information.
All other Terms listed above for Buskers also apply for Fans.
We take your privacy seriously, and we have a strict “don’t be creepy or abusive” policy on how we handle your data. This policy does not apply to the practices of companies that TBP does not own or control, or to individuals that TBP does not employ or manage.
TBP makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. TBP will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
The information we gather from Users enables us to personalize and improve our services and to allow our Users to set up an Account and profile that can be used to interact with other users through the Service. In connection with the Service, we request and display some personal information to other users and visitors of Service, which allows users to identify each other. We collect the following types of information from our Users.
Your name, username, password, email address, photograph or other likeness, purchase history, IP address, browser information and any other information you provide in connection with your user account.
You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.
The Personal Information you provide is used for such purposes as allowing you to interact with other users, improving the content of the Service, and communicating with you about specials and new features.
When you make payments through the Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers, such as Paypal or Stripe. We do not receive your credit card information.
We may receive information about the sale, however, but only enough to confirm that our site is working properly, and to see that people are actually getting paid. We only use this data in AGGREGATE – in other words, we’re not tracking that “John Smith made ten bucks today”. Instead, we might (for example) check the average amount that all buskers receive in tips on our site. This allows us to tinker with the technology to see whether (for example) changes we make have increased the average tip people give to street performers.
We may receive a confirmation when you open an email from TBP if your computer supports this type of program. TBP uses this confirmation to help us make emails more interesting and helpful and improve our service. If you do not want to receive emails or other mail from us, please send your request to firstname.lastname@example.org , or unsubscribe from any of the emails we send you.
Personal Information about our customers is an integral part of our business. We neither rent, give nor sell your Personal Information to anyone.
In some situations, TBP provides services jointly with affiliated businesses (i.e. PayPal, who deal with some transactions on our Service). We will only share your Personal Information that is related to such sales with that affiliated business. At no point will we provide your details to 3rd partners for promotions or marketing reasons without specifically asking you if you would be interested in that sort of thing.
Your Personal Information is protected on our service by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately, and by limiting access to your computer and browser, by signing off after you have finished accessing your account.
TBP endeavors to protect user information to ensure that user account information is kept private. However, TBP cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Remember, this is the internet. We’ll do what we can. But nothing is 100% secure on the internet.
Children under 13 years of age cannot make profiles. If you are under 13, do not use this service. Instead, busk for cash and wait until you’re old enough to use our site.
If you have any questions/concerns regarding privacy at TBP’s site, send us a message to email@example.com . We will make every effort to resolve your concerns.
Sorry about the density/force of the language in this section. But, we’ve been told it’s unavoidable.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TBP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF TBP OR A TBP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of Busker services and other related items.
TBP makes no representation that the Content is appropriate, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
You and TBP are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given to the e-mail address you provide to TBP during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TBP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by TBP to collect our fees and/or recover damages for, or obtain an injunction relating to, the TBP site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or TBP may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or TBP pending the completion of arbitration.
In using this Service, participating artists guarantee that uploaded media does not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party.
Derogatory and/or slanderous comments made by TBP Members about other TBP Members and/or other non-TBP Members are not permitted. Derogatory and/or slanderous comments made by TBP Members about other implied TBP Members and/or other implied non-TBP Members are not permitted.
In the event that you have a dispute with one or more TBP Members or users, you release TBP (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, any sample documents provided or generated by TBP (which we call "Sample Documents" in this Agreement) are provided "as is "without any kind of warranty. You accept full responsibility for determining whether any Sample Document is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Sample Documents, or for inaccessibility of Sample Documents whether from errors or omissions in the content of Sample Documents or any other linked sites or for any other reason. Use of Sample Documents is at your own risk.
TBP does not represent or warrant that its server or any linked sites are free of any harmful materials.
Our apologies for the wordiness of the following section. It is the most likely area that we will get sued over, so we’ve had to use legalese (no mentions of “Asshole” in this section).
TBP has adopted the following general policy toward claims of infringement with respect to intellectual property owned or controlled by third parties in accordance with the Digital Millennium Copyright Act .
It is Company’s policy to (1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A repeat infringer is a user for whom TBP has received two or more notices of claimed infringement or for which TBP has had to remove content two or more times.
If you believe that material or content on our service infringes your intellectual property rights, please email us with the following information:
Note that a copy of your legal notice will be forwarded to the party responsible for providing the alleged infringing content.
Please do not include any information in your report other than the above items. Simply include the information above and we’ll have all the information we need.
It is Company’s policy:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the owner of the intellectual property, the owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, TBP may send a copy of the counter-notice to the original complaining party informing that person that TBP may replace the removed material or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at TBP’s discretion.
Please contact TBP's Designated Agent to Receive Notification of Claimed Infringement at the following address: firstname.lastname@example.org .
You may contact TBP at the following address: email@example.comBack top