These Terms of Service ("Terms") are a legal agreement between you and
Community Music Systems Group Inc.(“we”, "our", or “us”). These Terms govern
your access to and use of our our online platform known as “Virtual Private Concert”.
These Terms also apply to any updates, upgrades, supplement, new features that we may introduce from time to time. If any updates are accompanied by new terms, then those new terms will apply.
You should read these Terms before accepting them. By using the SD House Party service and software, you accept these terms. You are bound by these Terms even in case you do not read them.
WE DO NOT EXERCISE ANY CONTROL OVER ARTISTS, HOSTS OR OTHER USERS, OR THE QUALITY, VALIDITY, OR ACCURACY OF ARTISTS OR HOSTS, OR THE TRUTH OR ACCURACY OF USER CONTENT. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING ANY USER AND USER CONTENT. IF YOU CHOOSE TO USE THE SERVICES, YOU MUST MUST VERIFY THE QUALITY, ACCURACY, SAFETY, VALIDITY, OR LEGALITY OF ANY ARTISTS, HOSTS OR USER CONTENT.
- “Artist” means an artist who is a User of the Services.
- "Host" means a User of the Services who is booking and Artist for a virtual concert.
- “Personal Information” means all personal information about an identifiable individual that is input by Users (but excluding business contact information and User Content) through the use of the Services.
- “Services” means the Virtual Private Concert online software platform that connects Artists, Hosts that might want to hire an Artist to play at their virtual concert, and Users that may be an audience for Artists. The term “Services” also includes our database structure, database analysis system that includes, without limitation, algorithms, our proprietary software,methods, processes, formulas (including any modifications, enhancements, and derivative work thereto), content or input we have uploaded, all links to external applications or third party services, hardware (including servers), any associated offline components, and all updates thereto, that provide the Virtual Private Concert application to you over the internet, any mobile application that might be launched by us in the future as well as any new features and tools that we may introduce from time to time under these Terms. The term “Services” excludes all User Content and Personal Information.
- “User Content” means content and data (other than Personal Information) that Users may generate or input through use of the Services, including Artist or Host information, or other content that the Services permits Users to generate.
- “Users”, “you” and “your” refer to any Users of the Services, including Artists and Hosts.
- “Website” means https://www.virtualprivateconcert.com
- User's Access: Artists and Hosts can access our Services only after they register and create an account. Artists and Hosts are responsible for maintaining the confidentiality of their account information and password as well as for all uses of their account. You agree to immediately notify us of any unauthorized use of your account. Other Users can access areas of the Website without an account but they are still bound by these Terms.
- Service Fee: Hosts will be subject to certain service fee for booking an Artist, as detailed in the applicable payment page or the invoice issued by us. You will not be charged unless you created an account and agreed to the payment terms.
- Grant of License: By using the Services, you grant to us a nonexclusive right and license to host, publish and retain archived back-ups of User Content and Personal Information that you input or submit to us. Users have a non-exclusive, revocable, and limited license to access and use the Services in accordance with this Agreement.
- Important: Our platform allows Hosts to find and book Artists and to invite their friends and other Users to see a virtual concert. The Services also permit Users to search for information about Artists. Artists and Hosts are independent from us, and not agents or employees of ours. Even though we capture and provide a record of transactions between Hosts and Artists, we are not a party to those transactions. We merely provide a platform to allow Users to collaborate and enter into transactions, and we allow Users to interact with User Content. It is up to you whether to create an account, input Personal Information, or input User Content.
- User Content: As an Artist or a Host, you may,as part of your use of the Services, input User Content. You are responsible for all User Content that you generate and/or input. We have no rights in your User Content. You represent and warrant that: (a) your User Content is complete and accurate, (b) you have rights to input the User Content, (c) your User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) your User Content will comply with our standards. In our sole discretion, we reserve the right to correct or remove any User Content if we receive notice of corrections, or if any User Content contravenes our standards. We also reserve the right to suspend or terminate the account, and delete the User, who does not conform to this Agreement or our standards.
- Acceptable Use:
The Services may be used only for authorized purposes by Users who have
agreed to this Agreement. You must comply with all applicable federal,
provincial, state (as applicable) and local laws and regulations in
association with your use of the Services. You must also abide by our
standards, and any acceptable use policy published by us from time to
time. You may not:
- post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes hate speech or child pornography under applicable law, or as determined by us, in our sole discretion;
- threaten bodily harm, destruction of property or otherwise engage in harassment; transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another's privacy, or infringes another’s rights;
- transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Services for any purpose; use the output of the Services for any purpose other than as permitted under this Agreement;
- delete or revise any portion of our Services;
- distribute, sell, lease, transfer, assign, trade, rent, publish or license the Services as a stand-alone service to others;
- engage in linking or framing of any portion of our Website;
- aggregate, scrape, harvest or duplicate any portion of our Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
- corrupt, falsify or distort any User Content or Personal Information or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time;
- or copy, misuse or duplicate the layout and design of our Website, or the underlying code and database structures, or any of our trade-marks.
- Frequent Cancellation of bookings by Artist: The Artist understands that cancellation of booked virtual performances can be very disruptive to hosts' plans. Because of this, penalties may apply if the Artist cancels a virtual performance that’s already been booked by a host without a reason. If more than two bookings a week are cancelled without providing us with a good reason for cancelation, we might remove the Artist's profile from our platform.
- Termination Rights:
This Agreement may be terminated in either of the following circumstances:
By Us: In the event you breach this Agreement or any other agreement with us, we may suspend or terminate your account and your access to the Services. We may also suspend or terminate your account in the event the account is inactive for a period of more than six months from the date of last use, and we may suspend or terminate the account, delete the event listings, and de-list any Artist or Venue who breaches a payment obligation, who provides deficient or unsatisfactory services to Users, or whose conduct or listings do not conform to this Agreement or our acceptable use standards, in our sole discretion,
By You: You may terminate your account and cease use of the Services at any time.
- Disputes Between Users: Any disputes between Users (including disputes between Artists and Hosts), must be settled between the Users. We assume no responsibility for any direct or indirect loss, damage, defect, injury, death or expense relating to any use of the Services.
- Intellectual Property Rights: We retain all right, title, and interest in and to Virtual Private Concert software application and platform that is used to provide the Services, including without limitation all software (object and source code) used to provide the Services, all graphics, user interfaces, logos, and trademarks used in association with the Services, all linkages to external applications or third party services, all intellectual property rights, trade secrets, know-how related to the Services, and all methods, processes, algorithms and databases provided through the Services. This Agreement does not grant you any intellectual property license or rights in or to Virtual Private Concert software application or any of its components. All company names and logos displayed on our Website may be trade-marks of their respective owners.
Representations: We represent that we are the sole owner of the Services and of each component thereof, or the recipient of a valid license thereto, and that we have and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Our representations in the preceding sentence do not apply to use of the Services in combination with hardware or software not provided by us, or in a manner not authorized by us under this Agreement. In the event of a breach of the representation in this Section, we, at our own expense, will promptly take the following actions: (a) secure for you the right to continue using the Services; (b) replace or modify the Services to make them non-infringing; or (c) terminate the infringing features of the Services. The preceding sentence states our sole obligation and liability, and your sole remedy, for breach of the representation in this Section and for potential or actual intellectual property infringement by the Services.
You represent that: (a) you have the full right and authority to enter into, execute, and perform your obligations under this Agreement, (b) you have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow us to perform our obligations) in connection with the use of the Services, (c) no pending or threatened claim or litigation known to you would have a material adverse impact on your ability to perform as required by this Agreement; (d) you have accurately identified yourself and you have not provided any inaccurate information about yourself to us; (e) you are a corporation or another legal entity authorized to do business or conduct charitable activities pursuant to applicable law, an individual with the legal capacity to enter into a contract, or the sole proprietorship of such an individual, (f) to the best of your knowledge, your use of the Service will not cause or require us to violate any applicable law, rule, regulation, opinion, or industry guidelines; and (g) you have provided, if applicable or required, proper notice and secured proper consent for the collection and use of Personal Information in connection with the use of the Services.
- User Indemnification: You will defend, indemnify, and hold harmless us and our officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns from any and all liabilities, costs, claims and expenses, including reasonable legal fees, relating to any third party claim, suit, or proceeding arising out of or related to your use of, misuse of, or failure to use the Services, including without limitation: (a) the uploading, posting or submission of any User Content or Personal Information by you or Users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this Agreement, or (d) violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Services through your account. Your obligations set forth in the preceding sentence include retention and payment of attorneys and payment of court costs, as well as settlement at your expense and payment of judgments. We will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.
- General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Services. We expressly disclaim any and all liability in connection with our Services. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE USER CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, OUR SERVICES, UPTIME OR AVAILABILITY OF OUR SERVICES, AND TO ANY MATTER RELATING TO OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACCEPT THE SERVICES “AS IS” AND AS AVAILABLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT THAT THE SERVICES OR SYSTEM ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU UNDERSTAND THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF ELECTRONIC COMMUNICATIONS IS ESSENTIAL TO YOUR USE OF THE SERVICES AND SYSTEM. YOU CONSENT TO OUR INTERCEPTION AND STORAGE OF USER CONTENT AND PERSONAL INFORMATION AND OF ELECTRONIC COMMUNICATIONS TO AND FROM YOU AND OTHER USERS. SUCH INTERCEPTION AND STORAGE WILL INVOLVE TRANSMISSION OVER THE INTERNET AND OVER VARIOUS NETWORKS THAT ARE NOT OWNED, OPERATED, OR CONTROLLED BY US. CHANGES TO USER CONTENT AND PERSONAL INFORMATION MAY OCCUR IN ORDER TO CONFORM AND ADAPT USER CONTENT AND PERSONAL INFORMATION TO THE TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS AND/OR DEVICES. WHEN COMMUNICATED ACROSS THE INTERNET, NETWORK FACILITIES, AND TELEPHONE OR OTHER ELECTRONIC MEANS, ELECTRONIC COMMUNICATIONS MAY BE ACCESSED BY UNAUTHORIZED PARTIES. WE ARE NOT RESPONSIBLE FOR ANY DELAY, LOSS, ALTERATION, OR INTERCEPTION OF ELECTRONIC COMMUNICATIONS AND/OR USER CONTENT AND PERSONAL INFORMATION. YOUR DECISION TO USE THE SERVICES IS NOT CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES OR MADE IN RELIANCE ON ANY ORAL OR WRITTEN STATEMENTS MADE BY US REGARDING FUTURE FUNCTIONALITY OR FEATURES. TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT, WE MAY USE INFORMATION FURNISHED BY YOU WITHOUT ANY INDEPENDENT INVESTIGATION OR VERIFICATION, AND WE ARE ENTITLED TO RELY UPON THE ACCURACY AND COMPLETENESS OF SUCH INFORMATION. YOUR USE OR RELIANCE ON THE SERVICES IS AT YOUR OWN RISK.
- RELEASE AND LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED OR ACTUAL LOSS OR CLAIM BY YOU, YOU SHALL RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE SERVICES, OR THE PERFORMANCE OF THIS WEBSITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE CORPORATE ENTITY UNDER WHOM YOU ACCESS THE SERVICES, OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS GREATER.
- Jurisdiction and Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws applicable therein. In the event of any dispute arising under this Agreement, you agree to submit to the jurisdiction of the courts in the Province of British Columbia, Canada.
- Downtime: The Services may experience temporary downtime as we perform routine maintenance or updates.
- Linked Sites: Links available on our Website may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked website.
- Changes: Changes to this Agreement may be made from time to time by us, and the modified form of the Agreement will take effect after posting on our Website. Continued use of the Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Services, in whole or in part, at our sole discretion, at any time, without notice.
- Survival: All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement's expiry or termination for any reason.
- Miscellaneous: You may not assign or transfer the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to you. This Agreement constitutes the entire Agreement between us and you with respect to your use of the Services. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This Agreement may be agreed to by electronic acceptance.
It is your decision to create an account, input Personal Information, or input User Content. It is your decision to collaborate and enter into transactions with Artists. You accept all consequences of doing any of the foregoing. You must evaluate all information that you receive through the Services. We do not vet, confirm, pre-clear, validate or verify any Artists or Hosts, any Users or any User Content. We make all possible efforts to ensure that posted information is accurate.