Eyemusician user agreement
The User Agreement below is for all users effective April 1, 2014
Consent furnished to Company in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 14 years of age or older. SOME AREAS OF THE WEB SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
The following describes the terms on which Eyemusician offers you access to our services.
Welcome to the User Agreement for Eyemusician, Inc. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.eyemusician.com and the general principles for the websites of our subsidiaries and international affiliates. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
1.0 Eyemusician Is a platform.
2.0 Eyemusician is an online music talent search engine administrations to help musicians who live near each other, get to know one another and build relationship with people that require their assistance. This is for managers, musicians, event planners, band members, a&r's and you to better locate music talents nearest to you for collaboration. http://www.eyemusician.com/ Browser can also buy performances from Eyemusicians Using the—Booking Feature on the Platform.
Correcting Mistakes in Payments to vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Eyemusician refund or reimbursement.
1.1 Information Control.
We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Eyemusician is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, Eyemusician may, but is not obligated to, suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.3 Review Integrity.
You may not take any actions that may undermine the integrity of the Eyemusician bio/profile system. We may, but shall not be obligated to, limit the number of bio/profile system you ("User") may place on the Site based upon the level of your reputation.
If you ("user") engage in the practice of libel, slander, foul language, threats and/or threatening language, Eyemusician has the right to remove or edit your profile/bio. Eyemusician also has the right not to edit or remove your profile/bio. Likewise, Eyemusician clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. Eyemusician has the right to remove or edit client comment/Bio-profile. Eyemusician also has the right not to edit or remove client reviews/Bio-profile.
All comments/bios-profiles will be published live on the Eyemusician Site at the discretion of Eyemusician. Bios/Profiles are not to be used by Users in order to threaten, harass, blackmail, or extort money, goods/services from clients. If Eyemusician concludes that a bio/profile has been used by a user to threaten, harass, blackmail, or extort money, goods/services from clients, Eyemusician shall have the right, but not the obligation, to temporarily suspend or permanently remove said User and said User's Eyemusician Membership from the Eyemusician website.
Bio/profiles are not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from Users. If Eyemusician concludes that a Bio/Profile has been used by a client to threaten, harass, blackmail, or extort money, goods/services from users, Eyemusician shall have the right, but not the obligation, to temporarily suspend or permanently prevent said client from utilizing the Eyemusician website to contact Eyemusician Users and book live entertainment through the Eyemusician website.
1.4 Review Export.
You acknowledge that your reviews consist of comments left by other Members and users and a composite review number compiled by Eyemusician, and that the composite number without the comments does not convey your full user profile. Because review ratings are not designed for any purpose other than for facilitating booking between Eyemusician Members and users and buyers page reputation bar, you agree that you shall not market or export your Eyemusician review rating in any venue other than a Eyemusician operated website.
1.5 Review Import.
We do not provide you the technical ability to import reviews from other (non- Eyemusician operated) websites to Eyemusician because a composite number, without the corresponding review, does not reflect your true online reputation within the Eyemusician community of Members and users.
2.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Eyemusician BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Eyemusician OR A Eyemusician AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Because we are a platform, in the event that you have a dispute with one or more Eyemusician Members or users, you release Eyemusician (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a Toronto resident, you waive Toronto Civil Code §1425, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, any sample documents provided or generated by Eyemusician (which we call "Sample Documents" in this Agreement) are provided "as is" without any kind of warranty. You accept full responsibility for determining whether any Sample Document is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Sample Documents, or for inaccessibility of Sample Documents whether from errors or omissions in the content of Sample Documents or any other linked sites or for any other reason. Use of Sample Documents is at your own risk.
Eyemusician does not represent or warrant that Sample Documents, its server or any linked sites are free of any harmful materials.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.0 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.
5.0 No Agency.
You and Eyemusician are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Eyemusician to collect our fees and/or recover damages for, or obtain an injunction relating to, the Eyemusician site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toronto, Ontario, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Eyemusician may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario necessary to protect the rights or property of you or Eyemusician pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $500.00.
7.0 Entertainer Membership.
Eyemusician has the explicit right, but not the obligation, to suspend and/or remove any Eyemusician Member from the Eyemusician Web Site at any time at its sole discretion. Without limiting the previous sentence, Eyemusician has the explicit right, but not the obligation, to suspend and/or remove any Eyemusician member from the Eyemusician website at any time for any breach or suspected breach of the terms of this Agreement.
7.1 General Rules of Conduct
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the web site, or transmit to other Members or clients.
You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You will use the web site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, Canada/Unite State export control laws. You are not located in, under the control of, or a national or resident of any country which Canada has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the web site is void where prohibited.
You will not provide inaccurate, misleading or false information to Eyemusician or to any other Member. If information provided to Eyemusician, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify Eyemusician of such change.
You will not engage in advertising to, or solicitation of, other Members or clients to buy or sell any products or services other than live entertainment services through the web site. You will not transmit any chain letters or junk E-mail to other Members or clients.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will promptly report to Eyemusician any violation of the terms of this Agreement by other Members or clients.
Eyemusician reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. Eyemusician shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of Eyemusician, YOU REMAIN SOLELY RESPONSIBLE FOR T HE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Members or clients that are not readily accessible to the general public will be treated as private by Eyemusician to the extent permitted by applicable law.
8.1 Not Responding To Client Leads.
Eyemusician has the explicit right to temporarily suspend or permanently de-activate the Membership of any Eyemusician Member who fails to reply to five or more consecutive Performance-alert emails.
8.2 Falsifying Bookings.
Eyemusician has the explicit right to temporarily suspend or permanently de-activate the Membership of any Eyemusician Member who falsifies bookings and/or client information. Falsifying bookings with an attempt to deceive Eyemusician clientele by artificially inflating ratings and booking totals is not permitted.
8.3 No-Shows, Cancellations, & Client Deposit/Balance Payment Returns.
Eyemusician has the explicit right to temporarily suspend or permanently de-activate the Membership of any Eyemusician Member who has been a "no-show" for more than one Eyemusician booking and/or fails to return the client's deposit or balance payment for said no-show. Eyemusician has the explicit right to temporarily suspend or permanently de-activate the Membership of any Eyemusician Member who cancels (for any reason) a booking on a Eyemusician client and subsequently fails to return the client's deposit or balance payment.
8.4 Posting of Contact Information.
Eyemusician has the explicit right to temporarily suspend or permanently de-activate the Membership of any Eyemusician Member who posts contact information on said Member's Eyemusician Bio/Profile. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in Profile photos, Profile text, and Profile audio/video samples.
8.5 Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by Eyemusician Members about other Eyemusician Members and/or other non- Eyemusician Members are not permitted. Derogatory and/or slanderous comments made by Eyemusician Members about other implied Eyemusician Members and/or other implied non- Eyemusician Members are not permitted.
8.6 Booking Transaction Interference.
Eyemusician Users may not contact a Eyemusician client with an offer or suggestion to book a Eyemusician Show ("Sows" has an assigned Eyemusician Sow ID number/link) outside of Eyemusician. Eyemusician User are not permitted to interfere with another Eyemusician Entertainer's booking. Eyemusician Entertainers are not permitted to email or telephone Eyemusician clients in an open or completed booking to warn them away from hiring a Eyemusician user. Discouraging clients from hiring other Eyemusician Entertainer Members is not permitted. Discouraging and/or preventing clients from booking you through Eyemusician is not permitted.
8.7 Farming of Client Leads.
The act of 'farming' out client leads is not permitted. Eyemusician defines 'farming' out of client leads as "to give up (as an estate or a business) to another on condition of receiving in return a fixed sum", meaning - Eyemusician' entertainers are strictly prohibited from taking client leads provided to them and transferring these client leads to non- Eyemusician entertainers and entities. A client lead is only to be utilized by the Eyemusician entertainer who received said client lead from Eyemusician. If Eyemusician, Inc. discovers that a particular Eyemusician User is farming out client leads, Eyemusician reserves the right to temporarily suspend or permanently remove said Eyemusician Member from the Eyemusician website and to terminate said Eyemusician entertainer's Membership.
8.8 Member Profile Photos, Audio, & Video.
Eyemusician is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual behavior, sexual or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on Eyemusician. Eyemusician reserves the right to crop or reject any photo at our discretion. Eyemusician reserves the right to reject any audio or video sample at our discretion.
8.9 Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.
If a Eyemusician Member or client ("vendor" can be either a solo act (with an agent listed as the contact person on the solo act's account), duo, trio, quartet, quintet, ensemble or full band) breaks up, Eyemusician reserves the right to keep active, transfer, or terminate said Membership at the discretion of what Eyemusician deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary. Eyemusician also reserves the right to keep active, transfer, or terminate previous client reviews attached to any Eyemusician Member vendor profile at the discretion of what Eyemusician deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary. General rules of thumb:
In the event of a duo breakup, both vendors of the duo will typically need to re-register for brand new Eyemusician Memberships in order to remain with Eyemusician.
In the event of a breakup involving larger groups (trio, quartet, quintet, ensemble or full band), majorities rule. For example, if a five person band breaks up, and four of the five members remain together, Eyemusician will typically give these four members the right to hold onto the original Eyemusician Membership and/or previous client reviews.
8.10 Use of Sample Documents
You agree not to use any Sample Documents for any purpose which is against any law in your jurisdiction.
8.11 Membership Termination
Eyemusician reserves the right to terminate your membership at our discretion without notice.
9.0 Event Entertainment Protection Policy.
9.1 User Cancellation More Than 14 Days Prior To the Event.
Eyemusician will refund the booking fee and the vendor is not assessed a penalty. Client cannot post reviews.
9.2 Vendor Cancellation Within 14 Days Of The Event.
Eyemusician will refund the booking fee and Eyemusician reserves the right to issue the User a "no show" penalty, Eyemusician reserves the right to issue the vendor Strike 1, and the vendor faces possible suspension or termination of Membership. Client may post a review and ratings.
In the case of a ‘No-Show’ where a replacement Entertainer is found - If the client has paid the booking fee, client will be refunded the original booking fee and the booking fee for the replacement (whether the Entertainer chooses to invoice the client or pay it on their behalf) will be waived. If the Entertainer has paid the booking fee, vendor will forfeit their booking fee and the booking fee for the replacement (whether the vendor chooses to invoice the client or pay it on their behalf) will be waived.
In the case of a ‘No-Show’ where no replacement is found - If the client has paid the booking fee, client will be refunded their booking fee. If the vendor has paid the Entertainer fee, they will forfeit their booking fee.
9.3 Client Cancellation More Than 14 Days Prior To The Event.
Eyemusician will refund the booking fee. Client cannot post a review.
9.4 Client Cancellation Within 14 Days Of The Event.
Eyemusician will refund the booking fee. Client cannot post a review.
9.5 Client Cancellation Up To 2 Days Before The Event Date.
Eyemusician will refund the booking fee and Eyemusician reserves the right to remove the review.
9.6 Bookings which take place within 14 days of the event date and Entertainer cancels within 24 hours.
Eyemusician will cancel the booking, refund the booking fee, and try and help the client find a replacement Entertainer.
9.61 Bookings which take place within 14 days of the event date and Entertainer cancels after 24 hours have passed.
Eyemusician will refund the booking fee, Eyemusician reserves the right to issue the Entertainer a "no show" penalty, Eyemusician reserves the right to issue the vendor Strike 1, and the vendor faces possible suspension or termination of Membership. Client may post a review. Eyemusician will try and help the client find a replacement vendor.
10.0 Two Strike Rule.
If Eyemusician has warned any Eyemusician Member one-time about any Membership violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the Eyemusician User Agreement a second time, Eyemusician will issue said Member Strike One. If said Member violates anything contained within the Eyemusician User Agreement a third time, Eyemusician will issue said Member Strike Two and shall permanently ban said Member from Eyemusician Membership effective immediately. Eyemusician also has the explicit right to remove any Eyemusician Member at any time as circumstances warrant.
11.0 Booking Fees.
There is no charge to utilize the Eyemusician Web Site to search and contact Eyemusician entertainers. If you end up hiring Eyemusician entertainment for your event, we charge a 10% ($50 minimum) booking fee. The fee is only due if the Eyemusician entertainer performs at your event. If the entertainer does not perform at your event, the fee will be refunded to you. Booking fee refund requests must be filed with Eyemusician no later than 30-days after the event date in order for you to receive a booking fee refund.
12.0 Online Payment Guarantee.
In order to be eligible to receive a full ($500.00 maximum) deposit or ($500.00 maximum) balance payment refund, ALL of the following criteria must be met:
1. You must have booked your event entertainment through Eyemusician.com.
2. You must have paid your deposit or balance through Eyemusician.com.
3. The vendor you booked through Eyemusician must have been a no-show at your event.
4. You must notify Eyemusician about this within 30 days of your event date.
Once Eyemusician has received confirmation of the no-show from both the client and the Entertainer, a refund will be issued immediately, and Eyemusician reserves the right to suspend the Entertainer from the Eyemusician website.
13.0 How to Cancel Membership
You may cancel your membership by clicking on- My BioEdit--Disable Eyemusician or Email us at email@example.com. If you cancel your membership within 30 days after the initial membership date or the start of a newly renewed term and conditions, your cancellation will be effective immediately.
The services hereunder are offered by Eyemusician, Inc., located at 402 Eglinton Ave East Toronto Ontario M1j 2z8