Terms and conditions
About whatabouthow.com
whatabouthow.com is a website that provides band booking and venue management to support live music events, operated as whatabouthow.com. ("Web Site").
By using the whatabouthow.com Web site or any other of our Services, you agree to be legally bound by these Terms of Use (this "Agreement"), whether you are a "Visitor" (which means that you simply browse the Web site) or you are a "Member" (which means that you have created a personal account with whatabouthow.com). Please read this Agreement carefully. whatabouthow.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the whatabouthow.com website will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
This Agreement includes whatabouthow.com's acceptable use policy for "Content", being defined as
- the Web site and the Services, including but not restricted to the contained information, logos, pictures, images, icons and source codes
- all audio, visual and audiovisual material provided on demand
- all comments, messages, photos, videos or profiles or other content submitted by Visitors or Members.
Please note that Content on the Web site might contain errors, omissions, inaccuracies, outdated information, and inadequacies. whatabouthow.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Website and will not be liable for any lack of the foregoing.
Eligibility
By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Term
This Agreement will remain in full force and effect while you use the Web site and/or the Services and/or are a Member. You may deregister as a member at any time, for any reason by contacting whatabouthow.com at info@whatabouthow.com. whatabouthow.com may terminate your Registration for any reason, at any time. Even after deregistration, this Agreement will remain in effect.
Proprietary Rights in Content on whatabouthow.com
whatabouthow.com owns and retains all proprietary rights in the Web site and the Services. The Web site contains copyrighted material, including audio/video, links and compilations of individual data, trademarks, and other proprietary information of whatabouthow.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The Web Site and the Services contain Content that is protected by intellectual property rights. whatabouthow.com holds the rights in such Content or has been licensed to display it on the Web site or via its Services. You are not entitled to make a copy of any of the Content, modify it for your own use or display copyrighted content to large groups/audiences. The Content and Services provided by whatabouthow.com are intended for individual use. All intellectual property rights in the Content rest with the parties holding such rights.
In case whatabouthow.com's license to display any Content protected by intellectual property rights expires, whatabouthow.com is not obliged to notify its Visitors and/or Members. Streams for which the rights have expired will be put offline without warning.
Content Posted on the Web site
- You understand and agree that whatabouthow.com may review and delete any content, messages, photos, videos or profiles (collectively, "Postings") that in the sole judgment of whatabouthow.com violate this Agreement or which might be offensive, illegal, or that might violate the privacy and rights, harm, or threaten the safety of Members.
- You are solely responsible for the Postings that you publish or display (hereinafter, "post") on the Services, or transmit to other Members.
- The following is a partial list of the kind of Postings that is illegal or prohibited on the Web site. whatabouthow.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the Registration of such violators. It includes Postings that:
- are patently offensive to the online community, such as Postings that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- involve the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promote information that you know is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- display pornographic or sexually explicit material of any kind;
- provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
- You must use the Services in a manner consistent with any and all applicable laws and regulations.
- You may not transmit any chain letters or junk email to other Visitors or Members. Although whatabouthow.com cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, whatabouthow.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which whatabouthow.com deems appropriate in its sole discretion.
Content posted on third-party web sites
The Web Site contains links to third-party web sites that are not owned or controlled by whatabouthow.com. Furthermore, whatabouthow.com content is displayed on players on third-party web sites. whatabouthow.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. In addition, whatabouthow.com will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve whatabouthow.com from any and all liability arising from your use of any third-party web sites.
Advertising
Third-party vendors may serve advertising on the Web site. Advertisers may offer goods, services and other materials to you on the Web site. Your correspondence and business dealings with others found on or through the Web site including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that whatabouthow.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication, nor assumes whatabouthow.com any liability in relation hereto.
Copyright Policy
You may not reproduce, post, publicly perform or distribute in any way any whatabouthow.com Content, copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Member Disputes
You are solely responsible for your interactions with other whatabouthow.com Members. whatabouthow.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of the Web site and/or the Services is also governed by our Privacy Statement, which you can find at www.whatabouthow.com/privacy.php.
Disclaimers
whatabouthow.com is not responsible for any incorrect or inaccurate Content posted on the
Web site or in connection with the Services, whether caused by visitors of the Web site, Members
or by any of the equipment or programming associated with or utilized in the Services. whatabouthow.com is not
responsible for the conduct, whether online or offline, of any user of the Web site or Member of the
Services. whatabouthow.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, user or Member communications. whatabouthow.com is not
responsible for any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet or at any web site or
combination thereof, including injury or damage to Visitors and/or Members or to any other person's computer related
to or resulting from participating or downloading materials in connection with the Web and/or in connection
with the Services. Under no circumstances will whatabouthow.com be responsible for any loss or
damage, including personal injury or death, resulting from anyone's use of the Web
site or the Services, any Postings posted on the Web site or transmitted to Members, or any interactions between users of the Web
site, whether online or offline. The Web site and the Services are provided "AS-IS" and whatabouthow.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
whatabouthow.com cannot guarantee and does not promise
any specific results from use of the Web site, the players and/or the Services. The
Services may be temporarily unavailable from time to time for maintenance
or other reasons. No advice or information, whether oral or written, obtained by user from wedigtheusic.com throuh
the Services shall create any warranty not expressly stated herein.
Limitation on Liability
In no event will whatabouthow.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Services, even if whatabouthow.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, whatabouthow.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to whatabouthow.com for the Services during the term of your Membership.
Indemnity
You agree to indemnify and hold whatabouthow.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Agency
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between whatabouthow.com and any Visitor or Member of the Web site and the Services.
Other
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Web Site and Services, contains the entire agreement between you and whatabouthow.com regarding the use of the Web site and/or the Services. The failure of whatabouthow.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. This Agreement shall be governed by Australian law and the Sydney Court shall be the court of exclusive jurisdiction.
Please Contact Us with any questions regarding this Agreement.