Terms & Conditions

PLEASE READ CAREFULLY AND COMPLETELY BEFORE PROCEEDING.  The following Terms and Conditions for Website Use (hereafter the “Agreement” or “Terms and Conditions”) is a binding legal agreement between you (hereafter “User”) and BOOKCHRISTIANBANDS.COM, LLC (hereafter the “Company).

1. Purpose and Agreement

• 1.1. If User is a natural person, User represents that User is of legal age to enter into binding contracts.  Otherwise, User’s representative herein represents that he/she is of legal age to enter into binding contracts on behalf of User.
• 1.2. Company operates this BookChristianBands.com website (hereafter the “Website”) to provide an online location where Christian musicians, bands, and other performers and/or their agents (hereafter “Members”) can market and promote their respective services and talents to event planners, talent promoters, consumers, and other entertainment buyers such as User for the purpose of facilitating the marketing, promotion and booking of same.
• 1.2.  In consideration of being permitted to use this Website, User agrees to all aspects of this Agreement.
• 1.3.  User’s use of this Website and electronic submissions hereto constitute acknowledgment by User of User’s intention to be bound by this Agreement.  Further, User’s electronic signature or other electronic actions such as clicking on “acceptance” icons or other symbols indicating an intention to accept services or products provided by this Website are binding on User.

2. Optional Registration of Users

• 2.1. User may use this website to review information about Members, the services provided by Members, and, if desired, contact and book Members’ services.
• 2.2. In the Company’s discretion, certain information and services related to Members and this Website may be restricted to Users that register with the Website (hereafter “Registered Users”).   In such instance, Company may require User to create an account with user ID and password and to provide certain information about User, including but not limited to, User’s legal name, address, e-mail address, telephone number, applicable payment information, such as credit card number, expiration date and applicable security code, and other information deemed relevant by Company.
• 2.3. Registered Users will not disclose their user ID and/or password to any third party.

3. Website User Fees and Payments

• 3.1. To participate as a User on this Website, User agrees to pay Company, as Company has established presently or as it may modify hereafter and charges or fees applicable to Users.
• 3.2. All payments described or required on this Website are payable in U.S. Dollars.
• 3.3. User agrees that User will pay for all products, materials, or services provided on this Website ordered by User and that User may be charged the listed charges, plus all applicable sales taxes, use taxes, shipping, and/or service charges applicable via the payment method selected by User.
• 3.4. All sales are final.

4. Events Booked by User

• 4.1. As stated above, the purpose of this Website is to facilitate User hiring Members of this Website for musical and other entertainment services.  To that end, it is incumbent upon User to enter into payment terms with Payment terms and other performance conditions that are satisfactory to User.
• 4.2. Company is in no way responsible for the performance of any agreement entered into by Users with any Member of this Website including a Member failing to arrive at the scheduled event on time or at all or perform as promised.

5. No Warranties

• 5.1. This Website is provided “As Is” and “As Available”, without warranty of any kind, except as expressly stated herein.  NO WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ABILITY TO ACHIEVE A PARTICULAR RESULT are made by virtue of this Agreement.

     6. Modification and Termination

• 6.1. The Company may change or alter the Website, including the addition or removal of features, content, terms and conditions for use, or services at any time and without notice.
• 6.2. The Company may terminate User’s ability to access this Website (i. e. block User) for good cause, bad cause, or no cause at all, and without notice.

7. User’s Online Submissions and Conduct

• 7.1. User will use this Website in a manner consistent with the Website’s purpose as well as all applicable laws and regulations.
• 7.2. User will use this Website only for the purposes of booking performances for itself, consistent with the purpose of this Website, and not for the advertising for sale of any product, other service, political promotion, distributing spam, or other activity.
• 7.3. User will book all services to be provided by Website Members only through this Website.
• 7.4. User will not upload or post on this Website content that is defamatory, inaccurate, deceptive, abusive, bullying, obscene, lewd, sexually oriented, threatening, harassing, offensive, illegal, in violation of another’s copyright or trademark, or contrary to the purpose of this Website.
• 7.5. Company reserves the right to remove, but has no obligation to remove, User’s content or Submissions to this Website that is in violation of this Agreement.  The removal may take place without notice or refund to User.
• 7.6. User will not falsify or misrepresent User’s identity through this Website.
• 7.7. User will not collect personal information about other Users or Members for commercial use unrelated to use of this Website.
• 7.8. User will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or “scrape” or in any way, reproduce or circumvent the navigational structure or presentation of the Website or its contents.
• 7.9. User will not interfere with or disrupt Company’s services or Website, or the servers or networks connected to Company’s services or Website.

8. Ownership and License to Submissions

• 8.1. All content uploaded by User to this Website (hereinafter “Submissions”) shall remain User’s property or User’s licensors’ property.  User unconditionally grants to Company a non-exclusive, irrevocable and royalty free, license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, create derivative works therefrom, or otherwise use the Submissions solely in connection with this Website and/or in advertisements or other materials promoting this Website.
• 8.2. User represents that User owns or controls all necessary rights in and to its Submissions; that User has the full right and authority to grant the rights, licenses and permissions required by this Agreement; and that User’s Submissions do not, and will not, violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights.  User agrees to retain a copy of any content provided in any such Submissions, and Company shall have no obligation to return any Submissions to User.
• 8.3. Company shall have no obligation to pay User or anyone else any amounts except as expressly agreed to by Company pursuant to this Website, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of User’s Submissions.
• 8.4. The foregoing licenses and rights granted to Company by User shall survive the removal of any Submissions by User from this website, the termination of this agreement, or any other termination of these Terms and Conditions.
• 8.5. Except for ownership of Submissions by User as described herein, this Website and all of its content is owned by Company or licensed to Company which may not be duplicated without the consent of Company.  User may not use, copy, or modify this Website or copy thereof in whole or in part, except as expressly provided by in this Agreement.  User may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on this Website.  User may not display, re-transmit, or otherwise permit the use of this Website or its source or object codes by or to any third-party for any purpose.
• 8.6. User is granted a limited, non-transferable, non-exclusive license to use this Website from any computer owned, leased and/or controlled by User.

9. Risk of Use

• 9.1. User’s use and browsing of the website is at User ‘s own risk.
• 9.2. Company shall have no liability or responsibility for any errors, omissions, or inaccuracies in the contents on this Website or information flowing through the Website.
• 9.3. Company does not control the possible linking or content of any third-party websites to which this Website may be linked.  Unless expressly stated, Company does not endorse, sanction or verify sites to which this Website may be linked.  Access to such other sites is at User’s own risk.  Company disclaims any and all liability for User’s access of such linked websites.
• 9.4. User acknowledges that documents posted to and content made available on this Website may contain computer viruses, and User expressly assumes that risk.  In the event User downloads any material or other information from this Website, User acknowledges that User should perform any possible scanning or other anti-virus precautions as User deems necessary.  Company is not responsible for any loss or damage caused by any materials downloaded from this Website.

10. Further Disclaimer and Limitations of Liability

• 10.1. Bookings, other arrangements, performance obligations, and payment terms reached by and between Users and Members of this Website are agreements solely by and between User and such Member.  Company is not a party to such agreements and makes no guaranty as to a Members compliance with such agreement.  Company has in no way vetted any Member.   User will conduct its own independent investigation of the Members of this Website before entering into any transaction with such persons.  In no event shall Company be liable for any financial or other obligations that may arise between User and any Member of this Website or breach of any agreement between User and any Member.
• 10.2. Company makes no representation and/or guarantee that the use of this Website will produce income or beneficial outcomes for User.
• 10.3. Company makes no representation as to Company’s compliance with local, state, federal, or foreign laws by creation and operation of this Website nor of User’s compliance with such laws by use of this Website.
• 10.4. Company is not and will not be construed to be the promoter of any event arranged by User through this Website and as such Company will not be held liable for any injuries or damages associated with any such events by User or other third-parties attending said events.  Company is not the partner, agent, joint venturer, or otherwise affiliated with any User or Member of this website.
• 10.5. Company shall not be liable to User or anyone else for direct, incidental, consequential, special, indirect, or punitive damages arising out of User’s use of this Website or any event booked through this Website.  The full extent Company’s liability to User under any theory is limited to an amount equal to the fees and charges received by Company for the event under which such claim is asserted.

11. Indemnification

• 11.1. User agrees to indemnify, defend, save and hold harmless Company and its officers, directors, employees, agents, licensors, affiliates, parents, subsidiaries, subcontractors and suppliers against any loss, damage, costs or expenses arising out of or in connection with User’s use of this Website, any events or services provided to Members of this Website or any third parties, and any breach by User of this Agreement and/or any representations or warranties made by User herein.

12. Miscellaneous

• 12.1. Integration.  This Agreement contains the entire Agreement of the parties and supersedes all prior communications, oral or written, between the parties relating to the topics set forth in this Agreement.
• 12.2. Disputes.  This Agreement shall be governed and construed by the laws of the State of Tennessee without reference to its choice of law provisions and any dispute, claim, or action to interpret or enforce this Agreement, or in any way related to User’s use of the Website or Company’s services, shall be brought exclusively in courts located in Knox Count, Tennessee.  User agrees to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim.
• 12.3. Attorney’s Fees.  In the event Company is required to file suit against User for breach or enforcement of any part of this Agreement, and Company prevails, Company shall be entitled to recover from User all costs and reasonable attorney fees of such suit.
• 12.3. Assignment.  User agrees that Company may transfer or assign to a third party all of Company’s rights and obligations with respect to this Website and this Agreement with User.  Member may not transfer its rights and obligations under this Agreement.
• 12.4. Severability.  Invalidation of any provision of this Agreement shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
• 12.5. Contact Information.  Member shall provide Company with any changes to User’s contact information.
• 12.6. User acknowledges that it has fully read and understood the terms of this Agreement.

Terms & Conditions Book Christian Bands

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