General Terms And Conditions

The following general Terms and Conditions apply to all services provided by the internet site www.GotBands.com (hereafter referred to as “Got Bands.”). Got Bands is an Internet marketplace for artists, event organizer’s (promoters), booking agencies, music venues, city parks departments, wedding and event planners and other industry stakeholders in the live music business (herein referred to individually as "the User" and collectively as “the Users”). Users can only use the site as themselves. They can communicate with each other using the site's infrastructure. By registering with GotBands.com, the User agrees to the following General Terms and Conditions (hereinafter "GTC") concerning the use of the site by the User ("User Agreement"). The present GTC also applies to the use of any services provided by Got Bands.

1. Scope & Definitions

   1. The present Terms and Conditions apply to all Users of GotBands.com. Modifications and additions to the present Terms and Conditions shall only apply if they have been agreed upon in writing and signed by the User and Got Bands. The present Terms and Conditions apply to the use of all Got Bands services and products, regardless of whether they are provided free of charge or requiring a payment.
   2. Got Bands reserves the right to change these Terms and Conditions at any time and without notice. Any modified or updated terms and conditions will be sent to the User by email at least six weeks before they become effective. If the User does not object to the changed terms and conditions by email within six weeks, they are deemed accepted. Should the User object to the amended GTC, Got Bands can block the User's account on the site. Got Bands will specifically outline the potential legal consequences of an objection in the email accompanying the amended Terms and Conditions.
   3. For the purposes of the present Terms and Conditions:
      1. An "Account" belongs to a specific User. The User first creates a Log-in and sets up at least one profile, either in their own name as a natural person, or as a representative of an organization, a company, an institution, etc.;
      2. A "Log-in" provides access to the site. It is created by the registration and sign-in of a natural person on www.GotBands.com, and results in assigning an Account to the User;
      3. A "Profile" is a representation of an industry actor created by a User for the purposes of promotion on a “Venue Page", "Artist Page", created and managed on the site by the User.
      4. "Registration" refers to the creation, by the User, of a Log-in and their Profile. It includes the User's access to Got Bands FREE services;
      5. A "User" is a natural or legal person registered with GotBands.com.

2. Registration (Log-in); Profile Set-up

   1. n order to register as a User on GotBands.com, a natural person must first create a Log-in and accept the present Terms and Conditions. Children under the age of 18 but over the age of 14 may register on the site only if they obtain the express consent of their legal guardians. Children under the age of 14 are not allowed to register as Users of the site. Any personal data required for creating a Log-in are stored in the User Account and can be accessed by the User at any time. Personal data will not be published on the site or communicated in any gig applications; the only information to be communicated will be the User's name and location.
   2. The User may create a Profile under their own name and may manage the profile associated with or assigned to that Account.

3. GotBands.com User Agreement

   1. The Registration on, and use of the site are free of charge; however, Got Bands does not allow Users unlimited access to the full range of services provided on the site. A successful Log-in or the creation of a Profile by the User merely represents an offer to conclude a User Agreement regarding the use of Got Bands services. Got Bands reserves the right to accept or reject this offer. The conclusion of a User Agreement lies at Got Bands's discretion; the User does not have a right to demand the conclusion of a User Agreement with Got Bands.
   2. The User is responsible for all actions carried out through their Account and their associated Profile(s). The User must provide truthful and complete information, in particular with regard to the age and identity of the natural person associated with a User Profile.
   3. Should the misuse of a Log-in Account or a User Profile be due to the negligent or intentional actions of a User, said User shall be liable for any damages incurred. The User accesses and uses the site at their own risk. This applies in particular to the use of any content downloaded from or otherwise provided by the site or other site users. The User must keep all Log-in information confidential. As soon as the User becomes aware of unauthorized access to their Log-in information by third parties, they must inform Got Bands without undue delay. This also applies to any other misuse of the Account that the User may become aware of.
   4. The User may not engage in any illegal activity while using the site. In particular, the User may not:
      1. Save, publish and/or transmit content (such as statements, information, images, or other data) or external links that violate the rights of third parties, or any content that is unlawful, immoral, harassing, insulting, obscene, pornographic, violent, youth-endangering, racist and/or discriminatory, or otherwise inappropriate;
      2. Collect, copy, distribute, or use the content or data stored on the platform by other users without their prior explicit consent;
      3. Harass, threaten, insult, slander, discriminate based on sex, race, religion or other beliefs, or knowingly disseminate information that is untrue;
      4. Provide links to third-party content that violates these Terms and Conditions or any other legal provisions;
      5. Communicate their or any other User's Log-in information to unauthorized third parties;

4. Profile Creation and Usage

   When creating a Profile, Users must submit personal information, some of which may be required as mandatory for the creation of the Profile. Users will be asked to submit such information when creating their Profile, and may edit or modify that information at any time. All mandatory information is indicated by an asterisk. The Profile contains all essential information regarding the User. The information contained on the Profile will not be disclosed beyond the site. That information may be used for various purposes, including for optimally connecting Users on the site. Got Bands bears no responsibility for the true identity of the persons behind the individual Profiles, as it does not verify that information.

5. Event Planning; Gig Applications; Availability

   1. Venue and event planner Users connect on the site by creating events and other content within their Profile, publishing them on the site, and then submitting and/or accepting applications. Only the Administrator of a specific Profile is allowed to carry out these actions.
   2. A non-binding offer for the created event is submitted and accepted electronically by the Users involved, by clicking on the designated buttons on the site. Before submitting an offer, the User will be provided with an overview of all agreed conditions and the total costs.
   3. Contracts for created events are concluded by mutual confirmation by both parties via mail, email or text outside of the site.
   4. Got Bands is in no way involved in the initiation of these agreements. It does not hold an intermediary or advisory role, does not become a contracting party and does not participate in the conclusion of any event contracts.
   5. Any contracts between Users are composed and concluded separately outside of the site.
   6. Got Bands ensures that the site shall be accessible and available 97% of the time, on a monthly average basis. This obligation is considered fulfilled as long as the actual accessibility rate does not fall below this value on a monthly average.

6. Posting of content

   1. The User may upload, publish and transmit content on the site directly. Got Bands does not claim ownership to that content; Sections 7.2 and 7.3. remain unaffected. Got Bands does not control or moderate any posted content. Got Bands bears no liability for the correctness, adequacy, completeness and quality of such content. It reserves the discretionary right to reject, block, or delete, totally or partially, any content published on the site, without providing any justification or notice.
   2. By uploading and posting content, the User grants Got Bands a non-exclusive right to use said content. This right of use is unlimited in terms of location and time (but may be revoked at any time by the User), and limited in its purpose, as such content may only be used for the purposes of making it available on the site. This includes, in particular, the right to storage, public access, configuration, formatting, technical processing, transmission and display of the content on any device, including mobile devices (and all processing necessary for the display on such mobile devices). This also includes Got Bands's right to generate short text excerpts using the uploaded content ("Samples") as well as reduced-size images ("Thumbnails") and copies of microsites ("Screenshots"), and to make them publicly available on the site and to other third parties. The User understands and acknowledges that the technical requirements of our services may make it necessary to carry out transmissions via various networks and/or to make necessary modifications to User content to meet the technical requirements of networks or other technical facilities, in order to ensure that any content and publications can be found by search engines.
   3. By uploading press material (such as images or texts), the User grants other Users of this platform the non-exclusive, locally and temporally unlimited right to use the content in question. That right can be revoked at any time, and is limited in its purpose, as any such content may only be used for marketing and promoting events. This includes in particular the right to save, copy, and publish the content.
   4. By uploading and posting a catering and/or technical rider, the User grants other Users of this platform the non-exclusive, locally and temporally unlimited (but revocable at any time) right to use said content. That right of use is limited in its purpose, as such content may only be used for the purpose of holding an event. This includes in particular the right to store and copy the content in question.
   5. The User hereby confirms that they have all the necessary rights to all content that they upload and publish on GotBands.com, and that no rights of third parties are violated. In the event of any claims by third parties, Section 12 below shall apply.
   6. Should the User become aware of any violations, they should notify Got Bands without undue delay, at the following address: support@GotBands.com.

7. Collection of Data

   1. All processing of personal data is carried out in compliance with the relevant data protection provisions, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), in accordance with the Data Protection Declaration available here.
   2. Got Bands has the right to collect, process and use any data provided by the User, as well as any data collected in connection with the User's use of the service, in compliance with all applicable legal provisions, insofar as this is necessary for the smooth functioning of the site and/or required for the processing and management of contractual relationships.
   3. Got Bands has the right to save content and transmit such content to third parties, as required by law or necessary and legally permissible, after due consideration.

8. External Links

   The site may contain links to other websites. Got Bands has no control or influence over the content and design of any such website. Any responsibility for the content of linked pages lies with the providers or operators of such pages. As soon as it becomes aware of any legal violations, Got Bands will immediately check such links and, if necessary, remove them.

9. Liability and Limitation of Liability

   1. Got Bands bears no responsibility for the relevance, correctness, completeness or quality of any information provided by Users of the site.
   2. Got Bands works hard to make the site fully available, but cannot guarantee it at all times. Maintenance, security or capacity issues, as well as events that are not within Got Bands's control (such as power failures, etc.) may lead to brief interruptions to the services provided by GotBands.com.
   3. Got Bands is liable for any damages, except in the event of a breach of essential contractual obligations, only if, and to the extent that said damages can be attributed to the intentional actions or gross negligence of Got Bands, its legal representatives or its other agents.
   4. The aforementioned exclusions and limitations of liability do not apply to any damage resulting from injury to life, limb of health, or to the fraudulent concealment of defects by Got Bands.
   5. Any claims for damages against Got Bands come under a statute of limitations of 12 months from the time when the claim arose and the User became aware of the circumstances underlying the claim or would have become aware without gross negligence. Any damage claims according to section 9.4 above are excluded from the aforementioned statute of limitations.

10. Exemption from Liability by the User

    The User holds Got Bands harmless from all claims made by other Users or third parties on the basis of or in connection with any content that the User stores, publishes and/or transmits, or any claims associated with the User's use of the site, or due to violations by the User of the present Terms and Conditions or of any third party rights.

11. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

    All rights to the site and the "Got Bands", in particular any trademarks, copyright, performance protection rights, license rights or other rights or comparable legal protections on the site (except for any User content) are reserved exclusively to Got Bands. With exception to the use of the custom URL provided to each user, no part of the site may be used for commercial purposes without the prior written consent of Got Bands.

12. Jurisdiction and Final Provisions

    1. Any agreements and/or contracts between Got Bands and the User shall be governed by the laws of the state of Colorado.
    2. To the extent that it is permissible by law, all disputes shall fall under the jurisdiction of the courts in Douglas County, Colorado.
    3. Should one or more provisions in the contract be or become ineffective for factual or legal reasons, the effectiveness of the remaining contractual provisions will remain unaffected. In such a case, Got Bands and the User shall agree to replace any ineffective provisions with provisions which are as close as possible to the original in their economic effects.