1.Use license

WELCOME TO RANDOMACTSOFMUSIC.HERIZONMUSIC.ORG (THE "WEBSITE"), WHICH IS OWNED AND OPERATED BY HERIZON MUSIC FOUNDATION (THE "COMPANY", "WE" OR "US"). THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY GOVERNING YOUR ACCESS TO AND USE OF THE WEBSITE. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS SET OUT IN THOSE DOCUMENTS, YOU SHOULD NOT USE THE WEBSITE OR ANY OF OUR SERVICES. Acceptance of Terms of Use By accessing or using the Website, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Website, you represent and warrant that you have read, understood and agree to these Terms of Use. Because your privacy is important to us, these Terms of Use also incorporate, by this reference, our Privacy Policy which explains how we collect and use your information. Please read the Privacy Policy. Finally, in order to participate in certain features on the Website, including features that may be released at a later date, you may be notified that you are required to agree to additional terms and conditions. Such additional terms are hereby incorporated into these Terms of Use by this reference but such additional terms shall control solely for the applicable feature. Changes to Terms of Use We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last revision can be found at the bottom at this page. It is your responsibility to check this page for updates. Your use of the Website in any manner after such change constitutes your agreement to such modifications or revisions. Membership In order to use most features of the Website, you will be required to register as a member. When registering, you will either register as an “Artist” (an individual musician or a band) or a patron member, also known as “Event Host” (a party looking to book an Artist) (both Artists and Event Hosts may be referred to herein as “Members”). You represent that all information you provide during the registration process and at any time thereafter will be true, accurate, complete, and current and that you will promptly update such information as necessary so that it is, at all times, true, accurate, complete, and current. These Terms of Use will remain in full force and effect whether or not you become a Member but will govern your membership should you choose to register. The Company may terminate your membership for any reason, effective upon sending notice to you at the e-mail address you provide in your Account Settings, or such other e-mail address as you may later provide to the Company. You may terminate your membership at any time. Please note that, even after membership is terminated, all relevant provisions of these Terms of Use will remain in effect. Donation/Payment Terms If you choose to become a "Event Host" Member, you will be required to select a donation method and input all necessary information such as your credit card and billing information (if applicable). All information will be collected by us or our third party payment processor. You represent and warrant that such information will be accurate and that you own or control the credit card or other method of payment you use. You will promptly update your account information with any changes in your payment information. Talk to your CPA about the tax benefits of your Donation. Terms of Use. Billing cycles are based on a 12-month subscription period. Donations are nonrefundable. Cancellation Each service plan, and the resulting subscription fees (if any), will continue in full effect unless and until you cancel as described herein. You have the right to cancel your subscription or deactivate your account at any time. Except as described above or otherwise agreed by Random Acts of Music, all subscription donations/payments are non-refundable. Without limiting the foregoing, if you dispute any charges you must let Herizon Music Foundation know within sixty (60) days after the date that you are invoiced or charged. Price Changes We reserve the right to change our membership rates in the future. If we increase our subscription fees for your service plan, we will provide notice of the change on the Website and in an email to you at least 30 days before the change is to take effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your service plan prior to the price change going into effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Please make sure you read any notification of price changes carefully. Marketplace Posts The Website will allow Members to post two types of posts: (1) posts by Event Hosts to solicit applications to an event (“Event Posts”); (2) posts by Artists expressing availability to play at a certain time/location (“Artist Profiles”). Event Posts and Artist Profiles may sometimes collectively be referred to herein as “Posts”. Only users who have officially registered as Members may submit and respond to Posts. Events As an Event Host, when creating an Event Post, you will include general information about the Event such as the location, capacity, genres, date, and pricing (if pre-set). You may also choose to include certain requirements which must be met by Artists in order to perform at your Event. As an Artist, you will be able to respond to Event Posts expressing an interest. In addition to responding to Event Posts, Artists may also create Artist Profiles to which Event Hosts may respond. Once interest is expressed by a Member to an Event Post or Artist Profile, the relevant Members will be able to interact through the Website’s messaging platform. In those messages, the Members can provide or require more information about the Gig or the Artist’s skills. In addition, Random Acts of Music may make certain tools available to Event Hosts to help them make informed decisions about the Artists who have expressed interest in their Events. General Post Requirements Once an Event Post is published, any fees/payment terms included that Post (e.g., Artist fee) may not be altered. For any Event that is posted on the Website, Event Hosts agree not to pay the booked Artist who is a Member of the Website outside of the Website's booking and payment process. If an Artist wishes to respond to an Event Post, the Artist must include the Artist’s music in the Artist’s profile. If you are an Artist who desires to perform at an Event with specific requirements included in the Event Post, you represent, warrant and agree that you can and will meet those requirements. All Members must be aware that all Posts will be made publicly available via the Website. Member Transactions The Website is intended only to facilitate transactions between Members but all resulting transactions are solely between the applicable Members. You acknowledge and agree that the Company is not a party to any such transaction or resulting agreement and makes no representations and bears no responsibility with respect to any such transaction, including any issues relating to pricing, payment, quality or completion and you waive any claims with respect thereto. In addition, you acknowledge and agree that the Company is not a broker, agent or insurer with respect to any transactions that may be facilitated via the Website. We do not offer any professional services or control the conduct of any Member or the quality of any Event Host's venue or Artist’s services. Although these Terms of Use require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Website. All Members are responsible for their acts and omissions and the acts and omissions of any employees, representatives or band members. All content on the Website, including all Posts, is for informational purposes only and is not intended to be deemed advice or an endorsement of any Member. In sum, all transactions facilitated by the Website are at your own risk. Notwithstanding the foregoing, we may serve as the limited authorized payment collection agent for Members for the purpose of accepting, on behalf of the Members, payments from other Members of such amounts agreed upon pursuant to any Post. You agree that we may charge a transaction fee for such payments. Without limiting any of the above, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from, the Company with respect to such actions or omissions. Furthermore, you agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with any Members or other third parties you find on the Website. If there is a dispute between you and any Member or third party, you understand and agree that we are under no obligation to become involved and you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and / or the services offered through our Website. If you are a California resident, you waive California Civil Code Section 1542, 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.” Content You hereby acknowledge and agree that you are solely responsible for all materials that you post or publish on the Website, including without limitation, information, text, music, sound, links, photographs, pictures, graphics, video, chat, messages, files and any other materials ("Content"). You represent and warrant that you have all legal rights necessary to publish any Content on the Website and that no Content submitted by you or through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. To be clear, to the extent any Content you post includes music written by another party, you represent, warrant and agree that you have all necessary rights from such party to post that music to our Website. You hereby acknowledge and agree that Company shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your Posts or Content for any reason and at its sole discretion, including in the event you engage in repeat infringement of third party rights. You hereby acknowledge and agree that Company may, at its sole discretion, disclose your Posts or Content in order to comply with law enforcement, court orders, or the legal process; and/or protect the rights and safety of individuals; and/or settle disputes over intellectual property ownership. License By publishing Content to any part of the Website, you automatically grant to the Company, and you represent and warrant that you have the right to grant to the Company, a non-exclusive, transferable, fully-paid, worldwide license (with the rights to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. You may remove such Content from the Website at any time and the license granted above will automatically terminate. Conduct You agree to use the Website only for proper and lawful purposes. You expressly agree that, when using the Website, you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Website in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Website or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Member; register for a Company account on behalf of an individual other than yourself; when acting as a Member or otherwise, recruit or otherwise solicit any other Member to join third party services or websites that are competitive to the Company, without the Company’s prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information or otherwise interact with the Website; use the Website to find a Member and then complete a booking of an Event independent of the Website in order to circumvent fees or other obligations to the Company hereunder; as an Event Host, submit any Event Post with false or misleading price information, or submit any Gig Post with a price that you do not intend to honor; or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Website, or any individual element within the Website, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent; access, tamper with, or use non-public areas of the Website, the Company’s computer systems, or the technical delivery systems of the Company’s providers; attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Website; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or copy, store or otherwise access any information contained on the Website for purposes not expressly permitted by these Terms; advocate, encourage, or assist any third party in doing any of the foregoing. The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Website or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Copyright Violations Without limiting the foregoing, if you believe that any Content or other materials posted on the Website constitute an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact info@herizonmusic.org To be effective, the notification must be a written communication that includes the following: A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Disclaimer of Warranties The Company is not responsible for any incorrect or inaccurate Content published on the Website, including Content published by Members. The Company is not responsible for the conduct, whether online or offline, of any user of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons. The Company 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, the Website. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Website. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or any Content published on the Website. THE WEBSITE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. Limitation of Liability WITHOUT LIMITING ANYTHING ELSE HEREUNDER, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR ALL TRANSACTIONS FACILITATED BY THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES; AND (B) FIVE HUNDRED DOLLARS ($500). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Indemnity You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of: your breach of any representations or warranties made by you hereunder or your breach of any term of these Terms of Use; your use of the Website in violation of these Terms of Use; or or your violation of any law or the rights of a third party. Disputes These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any controversy or claim arising out of or relating to these Terms of Use or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. Such arbitration shall occur in Austin, Texas. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of Texas or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses). WITHOUT LIMITING THE ABOVE, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. PRIVACY POLICY Herizon Music Foundation, Inc. (HMF) creates content to which we own the copyright. HMF also curates content from third parties with their permission. If you would like to embedded or publish specific content displayed on our site, please contact the content creator (artist, blogger, vlogger, podcaster, sponsor, etc.) for permission. If there is no byline listed on the page, email info@herizonmusic.org for permission. Responsibility is not assumed for the opinions of featured Artists, Event Hosts, guests, hosts, writers, or advertisers. HMF does not endorse or guaranteed the sponsors, products and services it advertises. While every effort is made to ensure accuracy of information included in the web site at the time of publication, the HMF shall not be liable for damages arising errors or omissions. Privacy Notice HMF Respects the privacy of visitors to HerizonMusic.org. Company strongly believes that if electronic commerce and online activities are to flourish, consumers must be assured that information provided online is used responsibly and appropriately. To protect online privacy, HMF has the following policy. What Information Does HMF Collect? It is our general policy to collect and store only personal information that our members, sponsors, and visitors knowingly provide. If our privacy policies change, we will notify all users by e-mail or a special announcement placed on the .org web sites. This information is only used by HMF for the purposes requested by said visitor and it is never shared.   HMF uses Google Analytics, MailChimp, Stripe, MyMarketPlace Builder to provide content, advertising, payment/transaction and statistical information about visitors to our web site. Google Analytics Google Analytics collect information about site visitors so it can analyze our web site’s performance so we can design effective content, marketing, and advertising programs. You can review Google Analytics’ policies for safeguarding your data. Stripe Company uses Stripe to facilitate all event booking transactions. Visit Stripe.com to review its privacy policy. Donation Sites Members may make donations/payments to Company using BetterUnite.com, GlogbalGiving.org, PayPal.com, or Facebook.com Please visit each of those sites' Privacy Policies for details. Mailchimp We collect basic personal information such as your email address and name for our e-newsletters that are distributed using Mailchimp.com. Visit Mailchimp.com to review its privacy policy. How long we keep your personal information If your information is used for marketing purposes (for example, an e-newsletter)  it will be kept until you notify us that you no longer wish to receive this information. What are your rights? HMF aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the right: To access and receive a copy of the Personal Data we hold about you To rectify any Personal Data held about you that is inaccurate To request the deletion of Personal Data held about you You have the right to data portability for the information you provide to HMF. You have the right, at any time, to object to us using your personal information. We will ask you to verify your identity before responding to such requests. Security Of Data The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.