Please read these terms and conditions carefully. They set out the terms under which the artist-booker.com website (‘the Site’), together with the content, search facilities, ordering and other internet services found on or from it from time to time, are made available to you.
By accessing the Site you agree to be bound by these terms and conditions.
Overview
Artist-Booker.com is a subscriber-based service for DJ’s, bands, live-acts entertainers and musicans.
Use of information…
Our directory will work hard to help bands to get gigs. We do this by publishing band details on our website and across a number of other resources that we think will help bands get work. All information with the exception of your email details is published.
Use of the Site
You agree that you will only use the Site in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations.
You are free to use the links to other web sites or resources that we, or our contractual partners, may provide on the Site from time to time provided that we cannot accept responsibility for these, neither can we be deemed to have endorsed their content.
While we take reasonable steps to prevent the introduction of viruses, we cannot warrant that our site, or others to which we give access, is free of viruses.
To the fullest extent permitted at law, we are providing the Site and its contents on an “as is” basis and make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to the Site or the information, content, materials or products included in the Site including, without limitation, warranties of merchantability, quality and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via the Site is accurate, complete or current.
We reserve the right to suspend, restrict, or terminate your access to the Site for any reason.
User Information
In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
Intellectual Property Rights
The material and content contained within or provided on the Site is for your personal use only and may not be used for commercial purposes or distributed commercially without our permission. Your use of the Site carries with it no rights in relation to copyright, trade marks or other intellectual property rights in the Site.
Website inaccuracies & Technical errors
The Artist-Booker.com website may contain information with technical inaccuracies or typographical errors. Please notify us if you discover any such instance. We reserve the right to make changes without notice. Artist-Booker.com does not promise that our website, or any content, service, or feature thereof, will be error-free or uninterrupted, or that any defects will be corrected, or that your use of our website will provide specific results. Similarly, any ticket recommendations by Artist-Booker.com are not guaranteed to be without inaccuracies, and any displayed seat locations, amenities, and any other descriptions of seat types, and added values are subject to change. Artist-Booker.com is not responsible for any inaccurate information displayed within recommendations. Artist-Booker.com reserves the right to modify, suspend or terminate operation of this website or full or partial access thereto without notice and for any reason.
Privacy Policy
Artist-Booker.com uses your information only as described in our Privacy Policy. Furthermore, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by Artist-Booker.com so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
User Warranties
You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Artist-Booker.com website, including those governing consumer protection, unfair competition, anti-discrimination or false advertising. You warrant that any information you provide to Artist-Booker.com, to other users, or to visitors, and your activity on the Artist-Booker.com website: (a) is not fraudulent, false, inaccurate, misleading or defamatory; (b) does not involve the sale of counterfeit or stolen items; and (c) does not infringe any third party’s intellectual property rights or rights of publicity or privacy.
User Conduct
You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Although Artist-Booker.com may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Universal is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.
You agree to defend, indemnify and hold Artist-Booker.com and its directors, officers, employees, agents or content or service providers (collectively, “Protected Entities”)harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions.
Artist-Booker.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Universal’s defense of such claim.
Account and Password
You may be enabled to create an account in the Site (“Account”) using a stand-alone registration or social media logins (“Login”). You shall be entirely responsible for maintaining the strict confidentiality of any username or password administered to you through your Login; for any access to or use of the Site by you or any person or entity using the username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your Account. You agree to (a) ensure that you exit from your Account at the end of each session and (b) immediately notify Artist-Booker.com if you have any reason to believe an unauthorized use of your password or Account or any other breach of security has taken place. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify Artist-Booker.com when you desire to cancel your Account on the Site. Artist-Booker.com will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Third Party Websites
You may be able to link from the Site to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be Artist-Booker.com products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Where we have partnered with YouTube or Google to provide access to or embed content from their respective sites, your information may be subject to additional terms. See the YouTube Terms of Services for more. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
Limitation of Liability & Disclaimer of Warranty
Artist-Booker.com ’s OBLIGATION OR LIABILITY RELATES TO MEMBERSHIP AND ACCOMPANYING PROFILE INFORMATION OF ITS MEMBERS, AS WELL AS DISPLAY OF CLASSIFIEDS, AND OF TICKET INFORMATION RELATED TO UPCOMING EVENTS.
Artist-Booker.com PROVIDES ITS WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS EXPRESSLY SET OUT IN THE Artist-Booker.com GUARANTEE, Artist-Booker.com FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY OF Artist-Booker.com ’S SERVICES.
EXCEPT WHERE PROHIBITED BY LAW, Artist-Booker.com WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF Artist-Booker.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT Artist-Booker.com IS REQUIRED TO SEEK LEGAL REMEDIES TO RECOVER FEES AND/OR RESOLVE DISPUTES WITH YOU, YOU AGREE THAT Artist-Booker.com IS ENTITLED TO RECOVER ALL OF ITS COSTS ASSOCIATED WITH SUCH ACTION, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND OTHER COSTS.
You agree to indemnify and hold Artist-Booker.com and its shareholders, officers, directors, representatives, employees, agents, parents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including but not limited to attorneys’ fees and other costs) that are made against Artist-Booker.com by any third party (including but not limited to any governmental or third party claim pertaining to federal, state, or local government tax obligations) in connection with, due to or arising out of your breach of these Terms & Conditions, your use of this website or any transaction with or related to Artist-Booker.com .
Intellectual Property
The content of this website is protected by law, including trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of Artist-Booker.com ’s legal legends are retained. You may not “mirror” any content contained within this Website without the express prior written consent of Artist-Booker.com . Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Artist-Booker.com or the appropriate copyright owner. Artist-Booker.com does not grant you any licenses, express or implied, to the intellectual property of Artist-Booker.com or its licensors except as expressly stated in this Agreement. Without our express written permission, you cannot copy, reproduce, reverse engineer, modify, decompile, or otherwise attempt to derive source code from the Artist-Booker.com website. Furthermore, you agree not to use any bots, robots, spiders, scrapers, or other unauthorized means to access the Artist-Booker.com website.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
When you submit user content to Artist-Booker.com , you are granting us a non-exclusive, worldwide, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid, sub-licensable license to use, reproduce, distribute, display, store, digitally perform, encode, publish, sell, offer for sale, import and commercialize such content, without limitation and without any compensation or acknowledgment to you or any third party. You grant Artist-Booker.com the right to use your name or image in association with your user content, if we so choose. Furthermore, you represent and warrant that user content: (a) is owned by you or you control the rights to it; (b) does not violate or infringe on the rights of any third party including intellectual property rights, or privacy rights; (c) is accurate, not obscene, false, libelous or defamatory; (d) will not cause injury to any person, entity or system. You will indemnify Artist-Booker.com for all claims resulting from your user content. We have the right but not the obligation to monitor, edit or remove your user content.
Trademarks
Artist-Booker.com trademarks and trade dress may not be used in connection with any product or service that is not Artist-Booker.com ’s. Any; graphics, logos, page headers, buttons, icons, scripts, social media icons, social media accounts and service names included in or made available through any Artist-Booker.com service are trademarks or trade dress of Artist-Booker.com in the United States, all United States territories and all other countries worldwide. All other trademarks not owned by Artist-Booker.com that appear in any Artist-Booker.com service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Artist-Booker.com .
All prints displayed on this site are copyright of the credited photographer/art director.
All web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on Artist-Booker.com (‘the Site’) are Copyright 2020 Artist-Booker.com
Other Conditions
These terms and conditions may be amended and/or be extended to include other conditions applicable to specific products or services offered on the Site from time to time and shall continue to be binding on you provided that any such changes are clearly notified on the Site.
You must abide by these terms and conditions. We reserve the right to terminate your use of the Site or processing of any order if you violate this Agreement.
These terms and conditions are governed by the laws of Germany and you hereby consent to the exclusive jurisdiction of the German courts in all disputes arising out of or relating to the use of the Site.
Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause.
Force Majeure
Artist-Booker.com shall not be deemed in default or otherwise liable under these Terms & Conditions due to its inability to perform its obligations by reason of any act of God, earthquake, blizzard, flood, fire, epidemic, accident, explosion, strike, labor controversy, riot, civil disturbance, war, any law ordinance or regulation, any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.
CHOICE OF LAW AND VENUE PROVISIONS: You acknowledge and agree that all matters relating to your use of this website or your transaction(s) with Artist-Booker.com will be governed by the laws of Germany. You also agree to jurisdiction and venue in the state and federal courts within Konstanz, Germany.
Dispute Resolution
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in Switzerland, EUROPE and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
Last Updated December 12, 2022