TERMS AND CONDITIONS - I Need A Musician.com

NOTICE - IT IS OF SUBSTANTIAL IMPORTANCE THAT YOU READ THE FOLLOWING TEXT REGARDING TERMS OF USE AND ACCEPT THIS AGREEMENT BY CLICKING ON THE BUTTON THAT APPEARS ON THE REGISTER PAGE CONFIRMING THAT YOU AGREE TO THESE TERMS OF USE

This agreement, here-in-after referred to as "Agreement" constitutes a binding contract between you and I Need A Musician.com here in after referred to as "I Need A Musician" and governs and rules your use of both the listing and free areas of I Need A Musician.com here in after referred to as "The Service". By accepting this agreement and registering yourself or your organization you accept the regulations of this Agreement, and you represent that:

a) you have read and understood this Agreement and agree to be bound by its terms and

b) that you are at least 18 years of age.

The terms of this Agreement may be amended by I Need A Musician from time to time in its discretion, and a copy of such amended terms will be posted at www.IneedAMusician.com. 

Registration

In order to have a listing on the Service you must register and provide specific information. You represent that your listing information will be updated, accurate and in a complete form at the time you apply and that you will update this information as often as necessary. For registration and sign-in purposes, you will select a password.

Billing

By completing the listing application process you authorize I Need A Musician to charge the listing fee to your designated credit card as per I Need A Musician's standard billing policy. If your billing information changes, you must update that information by sending us an e-mail or fax via the Contact Us page. If you cancel your listing for any reason, I Need A Musician will not refund any portion of your listing fee. All listing fees are subject to change upon reasonable notice from I Need A Musician. I Need A Musician reserves the right to charge and collect all applicable taxes.

Refund Policy. Please note that I Need A Musician maintains a strict NO REFUND policy on listings.

Termination of Usage. I Need A Musician may terminate your access to all or parts of the Service, without notice, for any conduct that I Need A Musician, in its sole discretion, believes is in violation of this Agreement or applicable law, or is detrimental to the interests of another user or any third party. In such case, I Need A Musician shall have no liability to you, and I Need A Musician will not refund your listing fee.

Intellectual Property Rights. You agree that all content on The Service, including text, graphics, photographs or video presentations and other material here in after referred to as "The Content" and the enhancement, coordination, selection, arrangement and of same, is the exclusive property of I Need A Musician or the property of content suppliers to I Need A Musician and is protected by copyrights, trademarks and/or other proprietary rights under the laws of the U.S., Canada and other countries. All future and present copyrights, trademarks and other proprietary rights in and to the Content shall, as between you and I Need A Musician, at all times be and remain the exclusive property of I Need A Musician and its content suppliers. The creation of derivative works based on the content is prohibited. The Service includes materials whose property rights, trademarks and copyrights are owned and controlled by third parties. Use of such material is allowed only with the written permission for the owners of such materials.

Restrictions on Use. You agree to use the Content only for lawful purposes, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity.

Disclaimer of Warranty. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED "AS IS" AND I NEED A MUSICIAN MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. I NEED A MUSICIAN DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR EQUIPMENT OR IS FREE OF ERRORS, VIRUSES OR OTHER DEFECTS AND IS NOT LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY MAY SUFFER AS A RESULT THEREOF.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL I NEED A MUSICIAN BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ALLEGEDLY SUSTAINED BY YOU OR ANY THIRD PARTIES FROM YOUR USE OF THE SERVICE OR THE CONTENT OR YOUR INABILITY TO ACCESS OR USE THE SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability for punitive, consequential or incidental damages. In such jurisdictions, I Need A Musician's liability is limited to the greatest extent permitted by law.

Linking. I Need A Musician may provide hyperlinks to other Web sites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that I Need A Musician provides a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEB SITES IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE SERVICE, YOU DO THIS ENTIRELY AT YOUR OWN RISK. It is up to you to take precautions to ensure that the third party Web site to which you link is free of computer viruses and other items of a destructive nature.

Representations and Warranties. You represent, warrant and covenant that you:

a) have the power and authority to enter into this Agreement;

b) shall not use any rights granted herein for any unlawful purpose; and (iii) shall use the Service and the Content only as permitted by this Agreement.

Indemnity. You agree to indemnify and hold harmless I Need A Musician and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorney's fees and court costs) arising from or relating to your use of the Content or the Service, including, without limitation, allowing others to use your listing, password and/or account.

Governing Law. This Agreement shall be governed and construed in accordance with the laws of the United States, British Columbia, Canada, without giving effect to conflicts of law principles.