Terms & Conditions

1. Introduction

We are a social network for the live music industry.

Lawyerlingo
Plainspeak

A. Purpose

The mission of MusicIDB, Inc. is to provide a platform for Music Industry Professionals and artists such as bands, musicians, DJ’s etc, to manage their live music business, engage with each other, negotiate performance contracts, and enjoy distribution for their announced events and public information that fans can filter and browse.

MusicIDB is a wiki-database, meaning we allow fans to use the database to share public information about their favorite artists.

B. Scope and Intent

You agree that by registering on MusicIDB, or by using our network offerings, including our website, mobile applications, developer platforms, premium services, or other information provided as part of the MusicIDB services (collectively “MusicIDB” or the “Services”), you are entering into a legally binding agreement with MusicIDB, Inc., 635 Rogers St, Suite 1, Lowell, MA 01852, USA based on the terms of this MusicIDB User Agreement and the MusicIDB Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a MusicIDB member (“Member”). If you are using MusicIDB on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a MusicIDB Member, do not enter into this Agreement, do NOT click “Join Now” and do not access, view, download or otherwise use any MusicIDB webpage, information or services. By clicking “Join Now” (or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the MusicIDB User Agreement and Privacy Policy are also collectively referred to as MusicIDB’s “Terms of Service.”
When you use MusicIDB, you are entering into a legal agreement and you agree to all of these terms.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

2. Your Obligations

Some promises you make to us in this Agreement:

A. Applicable laws and this Agreement

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

DOs and DON’Ts;
Complaints Regarding Content Posted on the MusicIDB Website; and
MusicIDB’s Privacy Policy.

You will follow the law and MusicIDB’s rules.

B. License and warranty for your submissions to MusicIDB

You own the information you provide MusicIDB under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users, or it was factual information about an artist or a venue entered into a text-based wiki field. Additionally, you grant MusicIDB a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to MusicIDB, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to MusicIDB, without any further consent, notice and/or compensation to you or to any third parties.

The terms of this section exclude content permanently intended to be private to your own account. Private fields and data of your account include any content within an “agreement” associated with an artist contract, a “private note” or “private title” on your calendar, content from any “message” between you and another user within the boundaries of the platform, and event records such as income, expenses, artist pay, reviews and any other information that can be entered on the event records screen.  We will not share or publish any information that is clearly meant to be private within your own account.  Any staff member that could potentially be required to do work on the master database for MusicIDB.com will be required to sign an agreement preventing them from breaching this protection of your privacy. We do this because we hold our users and their privacy in the highest respect.

By providing non-private information to MusicIDB, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential (only for content not notated as a private field above), and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your MusicIDB profile information accurate and updated.

You grant us a license to the information you share, excluding private content such as content in an “agreement” associated with an artist contract, a “private note” or “private title” on your calendar, or content from any “message” between you and another user within the boundaries of the platform.

C. Service Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a MusicIDB account, (3) are not a competitor of MusicIDB or are not using the Services for reasons that are in competition with MusicIDB; (4) will only maintain one MusicIDB account at any given time; (5) will use your real name and only provide accurate information to MusicIDB; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of MusicIDB or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.  “Minimum Age” means 18 years old.
You are eligible to enter into this contract if you are at least our “Minimum Age,” 18 years old.

D. Your Membership

The public profile you create on MusicIDB will be a live content of the MusicIDB database. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not use other’s accounts without permission; and (3) not charge anyone for access to any portion of MusicIDB, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit MusicIDB’s Help Center.
You will keep your password secure and not use other’s accounts without permission.

E. Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through MusicIDB.
MusicIDB will not pay for your losses if you cause them through your own actions.

F. Payment

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to MusicIDB or designated third party payment service provider storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes.  Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. MusicIDB does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services within your account management page. MusicIDB’s refund policy is that we do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that MusicIDB’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may request one from our support team (in the future you will be able to access it through your MusicIDB account settings under “Purchase History.”)
You will honor your payment obligations for pro services you order.

We don’t guarantee refunds.

G. Notify us of acts contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
If you think you have to breach this Agreement, you will let us know beforehand.

H. Notifications and Service Messages

For purposes of service messages and notices about the Services, MusicIDB may place notices across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from MusicIDB to an email address associated with your account, even if we have other contact information. You also agree that MusicIDB may communicate with you through your MusicIDB account or through other means including email, mobile number, telephone, or delivery services including the postal service about your MusicIDB account or services associated with MusicIDB. Please review your Settings to control what kind of messages you receive from MusicIDB. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
You are okay with us providing you with important notices on the website, mobile apps, or email.

The contact information you provide must be accurate or you may not receive important notices.

I. MusicIDB Applications

MusicIDB may offer the Services through applications such as smart phone applications, MusicIDB’s “Shout” buttons and other interactive plugins distributed on websites across the web. MusicIDB Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a MusicIDB Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing MusicIDB plugins that load in your browser may be communicated to us. Further, by importing any of your MusicIDB data through the MusicIDB Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your MusicIDB account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing MusicIDB through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

J. User-to-User Communication and Sharing (MusicIDB Shouts, Claimed and Unclaimed Pages, etc.)

MusicIDB offers various forums such as MusicIDB Shouts, Connections, Claimed Pages and Unclaimed Pages where you can post your observations and comments on designated topics. MusicIDB also enables sharing of information by allowing users to post updates, including links to news articles and other information such as gig opportunities, band recommendations, and other content to their profile and other parts of the site, such as MusicIDB Shouts and MusicIDB Connections. MusicIDB members can create MusicIDB Shouts, Connections, and Claimed and Unclaimed Pages for free, however, MusicIDB, in its sole discretion, may close or transfer MusicIDB Shouts, Connections, or Claimed or Unclaimed Pages or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share (in non-private fields, notated on this page) may be seen and used by other Members, and MusicIDB cannot guarantee that other Members will not use the ideas and information that you share on MusicIDB. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any MusicIDB Shout, Connection, Claimed or Unclaimed Page or elsewhere on MusicIDB. MusicIDB IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON MusicIDB.
When you share information, others can see, copy and use that information.

K. Privacy

You should carefully read our full Privacy Policy before using MusicIDB as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you enter within your account. Please note that certain information, statements, data, and content (such as photographs and audio files) which you may submit to MusicIDB, or shouts or connections you choose to make, or are likely to, may reveal personal information about you. You acknowledge that your submission of any non-private information, statements, data, and content to us is voluntary on your part and that MusicIDB may process such information, within the terms of the Privacy Policy.
You are okay with us collecting, using, storing, and disclosing non-private information about your account in keeping with our Privacy Policy.

L. Export Control

Your use of MusicIDB services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
You won’t break export laws.

M. Contributions to MusicIDB

By submitting ideas, suggestions, documents, or proposals (“Contributions”) to MusicIDB through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MusicIDB is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MusicIDB shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MusicIDB may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to MusicIDB rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MusicIDB under any circumstances.
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to use your feedback.

N. Agreements

MusicIDB offers artists, musicians, venues, companies and other event booking agents the ability to select from a set of agreements for the purpose of establishing with broad strokes the general terms under which an event is to be held.  You must review and modify this agreement before agreeing to it.  If you require a legally prepared and properly executed contract for your jurisdiction, you must consult your own attorney.  MusicIDB does not represent either party to an agreement.  Specifically, MusicIDB does not represent artists in any contract negotiation and is not licensed under any agent licensing laws.  In the event of a contract dispute, MusicIDB may at its sole discretion attempt to mediate but is under no obligation to do so.  You are ultimately responsible for any agreements you accept.
When using a MusicIDB agreement such as a performance contract, you understand that MusicIDB is not involved in this agreement, it is strictly between the authorized booker, and the performing artist.  We don’t get involved in enforcement of agreements between bookers and artists.

3. Your Rights

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or MusicIDB authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of MusicIDB or its Members), view information and use the Services that we provide on MusicIDB webpages and in accordance with this Agreement. Any other use of MusicIDB contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from MusicIDB commercially unless expressly authorized by MusicIDB) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MusicIDB and all related items, including any and all copies made of the MusicIDB website and all data pertaining to live music shows, including historical records entered into the site.
If you follow this agreement, we grant you a right to use MusicIDB.

You will only access and use MusicIDB in the way this agreement allows you.

4. Our Rights & Obligations

A. Services Availability

For as long as MusicIDB continues to offer the Services, MusicIDB shall provide and seek to update, improve and expand the Services. As a result, we allow you to access MusicIDB as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue MusicIDB, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on MusicIDB or by direct communication to you unless otherwise noted. In the case that we at some point would need to end the availability of services, we will take measures to provide a means for users to request an export of their own content, at least including their event history and records.  We have the ability to grant this request if you specially enter a custom agreement with us, email our team to request this promise of data-access in the case that our services should approach an end.
We are building this with the intention of its existence being ensured long into the distant future, however if some unforeseen act of god or other circumstance causes us, we can legally change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.

B. Third Party Sites and Developers

MusicIDB may include links to third party web sites (“Third Party Sites”) on MusicIDB.com and elsewhere. MusicIDB also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by MusicIDB through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. MusicIDB is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. MusicIDB also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate you or connect with your MusicIDB account, that application or website can access information on MusicIDB related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to MusicIDB’s Privacy Policy.
Third parties may in the future offer their own products and services through MusicIDB, and we are not responsible for these third-party activities. At present, the only offers from third-parties are visible as ads in designated advertising sections. There are no third party Platform Developers.

C. Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of MusicIDB, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
You agree that we can use, store, and share information about you as permitted in our Privacy Policy.

D. Page Claims, Connections and Interactions with other Members

You are solely responsible for your interactions with other Members. MusicIDB may limit the number of page claims, connections you may make, shouts, or other interactions you may have and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. MusicIDB reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if MusicIDB determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
We have the right to limit page claims, connections and interactions on the Service.

E. Intellectual Property Notices

The Service includes the copyrights and Intellectual property rights of MusicIDB and except for the limited license granted to you in Section 3, MusicIDB reserves all of its intellectual property rights in the Service. MusicIDB, the MusicIDB and “note” logo and other MusicIDB trademarks, service marks, graphics, and logos used in connection with MusicIDB are trademarks or registered trademarks of MusicIDB in the U.S. and/or other countries. Other trademarks and logos used in connection with MusicIDB may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
We are providing you notice about our intellectual property rights.

5. Disclaimer

Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. Do not rely on musicidb or its suppliers, any information therein, or its continuation. We provide the platform for musicidb and all information and services on an “As is” and “As available” basis. Musicidb does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, musicidb and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by musicidb or anything related to musicidb , you may close your musicidb account and terminate this agreement in accordance with section 7 (“Termination”) and such termination shall be your sole and exclusive remedy. Musicidb is not responsible, and makes no representations or warranties for the delivery of any messages (such as in-service mail, shouts, or transmission of any other user generated content) sent through musicidb to anyone or uploaded to claimed or unclaimed pages. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Musicidb does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, musicidb disclaims all liability for identity theft or any other misuse of your identity or information by others. Musicidb does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Musicidb disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, musicidb disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the musicidb site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
We disclaim any legal liability for the quality, safety, or reliability of MusicIDB.

6. Limitation of Liability

Limitation of liability. Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you. Neither MusicIDB nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“MusicIDB Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from MusicIDB. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that MusicIDB may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

We are trying to limit any legal liability we may have to you.

7. Termination

A. Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to MusicIDB pursuant to Section 9.C. This notice will be effective upon MusicIDB processing your notice. MusicIDB may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only MusicIDB or the party paying for the services may terminate your access to any Premium Services. Termination of your MusicIDB account includes disabling your access to MusicIDB and may also bar you from any future use of MusicIDB.
We can each end this Agreement anytime we want.

B. Misuse of the Services

MusicIDB may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes claiming pages for which you have no claim; abusing the MusicIDB messaging services; creating multiple or false profiles; using the Services commercially without MusicIDB’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that MusicIDB, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, MusicIDB has adopted a policy of terminating accounts of Members who, in MusicIDB’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
If you do bad things on the site, we can terminate your account.

C. Effect of Termination

Upon termination of your MusicIDB account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”).
If we terminate your account, this agreement still holds.

8. Dispute Resolution

A. Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Delaware regardless of your country of origin or where you access MusicIDB, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and MusicIDB agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Delaware except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and MusicIDB agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims. Notwithstanding the above, you agree that MusicIDB shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
In the unlikely event we end up in a legal dispute, it will take place in Delaware courts, applying Delaware law.

B. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Each of us will have the right to choose arbitration.

9. General Terms

Here are some important details about how to read the Agreement.

A. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
If one part of this agreement is invalid, the rest of the agreement stands.

B. Language

Where MusicIDB has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with MusicIDB.
If we publish materials in English and another language, and they conflict, the English language version trumps.

C. Notices and Service of Process

In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on MusicIDB.com. You may contact us here. Or via mail or courier at: MusicIDB, Inc. ATTN: Legal Department 635 Rogers St, Suite 1, Lowell, MA 01852, USA. Additionally, MusicIDB accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
If you’re very upset with us, you may have to use snail mail.

D. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and MusicIDB regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MusicIDB services, third-party content or third party software.
This is the whole agreement.

E. Amendments to This Agreement

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at MusicIDB.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
We can modify this agreement and notify you.

F. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any MusicIDB Affiliate shall be deemed legally binding on any MusicIDB Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of MusicIDB.
If you get a deal from someone at MusicIDB, you need it in writing and signed.

G. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You waive your rights to try to stop MusicIDB, but we don’t waive our rights to ask a court to stop your actions.

H. Beneficiaries

Entities other than MusicIDB, Inc. that MusicIDB owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
At present, we don’t have any affiliates.  If we did, they’d be able to enforce this agreement, too.

I. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, MusicIDB Corporation for any third party that assumes our rights and obligations under this Agreement.
You can’t assign your rights under this Agreement, but we can if we have to.

J. Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

10. MusicIDB “DOs” and “DON’Ts.”

As a condition to access MusicIDB, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

Here’s a list of some of the specific things we ask you to do and not do on MusicIDB.

A. Do undertake the following:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and update it as necessary;
  • Review and comply with our Privacy Policy;
  • Review and comply with notices sent by MusicIDB concerning the Services;
  • Use the Services in a professional manner; and
  • Use your real name on your profile.
  • Claim pages associated with artists, venues, companies and events for which you have an authorized management role.
  • If you have a Claimed Page, invite others who are also authorized or affiliated with the venue, company, event or artist on that claimed page to share Claim privileges with you.
  • If you have a non-anonymous account, share factual information about artists and venues listed on the site by editting MusicIDB’s wiki-enabled fields.

B. Don’t undertake the following:

  • Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, inauthentic or objectionable content to MusicIDB;
  • Publish inaccurate information in the designated fields on Claimed or Unclaimed pages (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
  • Create a User profile for anyone other than a natural person (user profiles are different from artist listings);
  • Harass, abuse or harm another person, including sending un-welcomed communications to others using MusicIDB, including if you feel you have been wronged;
  • Claim pages for venues or artists for which you have no authorized management responsibility;
  • Upload images that do not depict the venue or artist or an aspect of the venue or the artist for the page hosting the picture;
  • Use or attempt to use another’s account or create a false identity on MusicIDB;
  • Upload, post, email, Shout, transmit or otherwise make available or initiate any content that:
    • Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous band memberships or experience, or misrepresents your affiliations with a person or entity, past or present;
    • Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    • Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “email” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by MusicIDB);
    • Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    • Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using MusicIDB contracts, mail, shouts or connections to send messages to people who have indicated by their settings or red flags that they do not wish to hear from you; (b) using MusicIDB mail to send unsolicited promotional messages; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
    • Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of MusicIDB or any user of MusicIDB;
    • Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
    • Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
  • Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
  • Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on MusicIDB (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by MusicIDB via built-in sharing buttons;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  • Utilize or copy information, content or any data you view on or obtain from MusicIDB to provide any service that is competitive with MusicIDB;
  • Imply or state, directly or indirectly, that you are affiliated with or endorsed by MusicIDB unless you have entered into a written agreement with MusicIDB (this includes, but is not limited to, representing yourself as an accredited MusicIDB trainer if you have not been certified by MusicIDB as such);
  • Adapt, modify or create derivative works based on MusicIDB or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under MusicIDB’s developer program;
  • Rent, lease, loan, trade, sell/re-sell access to MusicIDB or any information therein, or the equivalent, in whole or part;
  • Sell, sponsor, or otherwise monetize a MusicIDB page or any other service or functionality of MusicIDB, without the express written permission of MusicIDB (excludes tickets, merch and other authorized forms of sales);
  • Remove any copyright, trademark or other proprietary rights or notices contained in or on MusicIDB, including those of both MusicIDB and any of its licensors;
  • Remove, cover or otherwise obscure any form of advertisement included on MusicIDB;
  • Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information or event histories obtained from MusicIDB except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  • Infringe or use MusicIDB’s brand, logos or trademarks, including, without limitation, using the word “MusicIDB” in any business name, email, or URL or including MusicIDB’s trademarks and logos except as expressly permitted by MusicIDB;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
  • Use bots or other automated methods to access MusicIDB, add or download contacts, send or redirect messages, or perform other similar activities through MusicIDB, unless explicitly permitted by MusicIDB;
  • Access, via automated or manual means or processes, MusicIDB for purposes of monitoring MusicIDB’s availability, performance or functionality for any competitive purpose;
  • Attempt to or actually override any security component included in or underlying MusicIDB;
  • Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on MusicIDB’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or MusicIDB personnel, attempting to gain unauthorized access to MusicIDB, or transmitting or activating computer viruses through or on MusicIDB; and/or
  • Interfere or disrupt or game MusicIDB or the Services, including, but not limited to, any servers or networks connected to MusicIDB, or MusicIDB’s search algorithms.

11. Complaints Regarding Content Posted on the MusicIDB Website

We built MusicIDB to organize and collect information about the live music industry, and thereby, to help artists, venues and music industry companies succeed. To this end, we encourage our Members to share truthful and accurate information, including text, images, audio, and video. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted (in non-private fields as stated above) by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, MusicIDB provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures can be found here: MusicIDB Copyright Policy. Claims regarding Copyright Infringement. Claims regarding content (other than copyright).
If you think someone has stolen or misused your intellectual property on MusicIDB, please check out our Copyright Policy.

How To Contact Us

If you have questions or comments about this User Agreement, please contact us online.

MusicIDB, Inc., Lowell, MA July 12, 2013, acknowledges LinkedIn for some of these terms and legal disclaimers on this site.

Last revised on August 26, 2016