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Terms & Conditions Summary

The Linked Musicians basic services are and will remain free of charge.
Advanced (paid) services are optional and are only charged to you if you explicitly order them.
Your privacy is important to us. The TRUSTe security guidelines are applied where appropriate for and achievable by Linked Musicians for taking care of your personal data.
Linked Musicians does not pass your personal data on to any third party, neither for advertising, marketing, nor for any other purposes, without your approval.
If you are not an adult, you hereby confirm that you have obtained approval from your parents to register with and use Linked Musicians.
You only provide true, accurate, current and complete information.
Contact data, including website addresses, email addresses, telephone numbers, etc are only allowed in fields that are intended for that purpose.
You may NOT upload, post or otherwise transmit any content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or not suitable for minors.
You agree to receive emails which are specific to your account and necessary for the normal functioning of Linked Musicians. You will never report Linked Musicians email as spam.
You will keep your login details (email and password) secret.
Linked Musicians is not responsible for any content posted by any member.
By using Linked Musicians you agree to indemnify Linked Musicians and its partners, and hold them harmless from any and all claims and expenses.
You allow Linked Musicians to display advertising, including third party advertising, through the website and by direct mail, in reasonable amounts. When you are a paying member, you have the option to disable the direct mail advertisements.
Linked Musicians is never responsible for any direct or indirect damages.
Linked Musicians warranties and guarantees are limited.
The Dutch law is applicable. Disputes arising in connection with Linked Musicians shall be resolved exclusively by the competent courts in the province Utrecht of The Netherlands.
This summary is for your convenience only and is not legally binding. Only the full Terms and Conditions, including the Privacy Policy as published on this website are legally binding. By using Linked Musicians, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions, together with any other posted guidelines or rules.

Terms & Conditions

Linked Musicians is a global networking and community website targeted at musicians and bands, both professionals and amateurs, and other parties involved in live music, owned and produced by Linked Musicians B.V. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "LM"). By registering to be a member of LM or to use any LM Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through LM that can have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any LM service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply. Additionally, even if another LM service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and conditions will also apply to the use of that service or product. LM also may supplement the Terms of Service with additional posted guidelines or rules. You can view the most current version of the Terms of Service at any time by visiting www.Linked-Musicians.com, and click on ‘Terms & Conditions’. The Terms of Service constitute the entire agreement between you and LM and governs use of the LM Products and Services, superseding any prior agreements between you and LM. LM may also offer other services from time to time that may be governed by the terms of service of the respective service partners. Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

These Terms of Service may be amended from time to time without any notice to yourself. Please review these Terms of Service from time to time so you will be apprised of any changes. Changes apply to both new agreements and to existing agreements. Changes shall be effective for new agreements upon posting by LM on the website. Changes shall be effective for existing agreements one month after publication or another date if explicitly mentioned. Changed Terms of Service are published on the LM webpage and may be published using the Products and Services. You agree to be bound to any changes to these Terms of Service when you use the Products and Services after the effective date of any such posted modification. If you do not agree with the changes you shall not use the LM Products and Services from the date the changes are effective, and you are personally responsible to block your LM account. You are kindly requested to send a message to our helpdesk through the Products and Services, so we can understand your objections.

Products and Services
LM entitles users to access to a variety of on-line and interactive on-line services (the "Products and Services") under various top-level domains (e.g. Linked-Musicians.com, Linked-Musicians.de, Linked-Musicians.nl), as well as under various sub-domains and aliases of such top-level domains. Some of the Products and Services are supported by advertising, enabling LM to provide them to you at no or low cost. When you use these services, you agree to allow LM to display advertising, including third party advertising, through the Products and Services, including direct mail to your e-mail address. You agree to receive emails which are specific to your account and necessary for the normal functioning of the LM Products and Services. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the LM Products and Services. LM reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service. By registering to be a member of LM you accept that LM has the right to place advertisements on the site in any format or through any channel, including but not limited to e-mail, layer ads, pops, banners and other usual formats without any forewarning and it is furthermore accepted that LM takes no responsibility for the advertising content and that LM shall not be liable for any losses incurred regarding this advertising. Your personal data is properly and carefully stored and managed according to the applicable (privacy) laws. You always have the possibility to check your personal data in our databases through the Products and Services. By registering to be a member of LM you accept that LM has the right to use the collected data for commercial purposes in line with LM's privacy policy. You can view the most current version of the privacy policy at any time by visiting www.Linked-Musicians.com, and click on ‘Your Privacy’. Please review these privacy policies from time to time so you will be apprised of any changes.

The Products and Services enable users to bring together and contact other users. In no event shall LM participate in any communication among the user with other users. You are solely responsible for your interactions with other LM members. LM reserves the right, but has no obligation, to monitor disputes between you and other Members. If the user enters into agreements with other users via the Products and Services, LM shall not be a contracting party to these agreements, and in no event shall LM be responsible for the execution and/or fulfilment of contracts between the user and any other user. LM does not warrant nor represent that the user may successfully establish the contact to any other user regarding any agreements made via the Products and Services. Further, LM shall not be liable to any user for a breach of duties under these agreements.

Acceptance
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service, together with any other posted guidelines or rules applicable to any specific Product or Service.

Registration Obligations
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you as a user agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LM has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof). The user is entitled to register with LM only once, and the user may only establish one user profile.
It is impossible for LM to determine with certainty whether any user registered with LM is in fact the person which such user represents to be. LM does not warrant nor represent the correctness of any user’s represented identity, and each user is solely responsible to check the correctness of the identity of any other user.

Pricing and Payment
LM reserves the right to modify the Products and Services pricing from time to time, for any reason, and without notice. Pricing will only effect new transactions. Details of the applicable fees can be found on the LM web pages. The listed fees are binding. Payments shall be due and owing immediately by the user before being allowed to use the relevant Products and Services. The user may effect payment by the payment systems offered by LM only. If payments are not received by LM in time or if LM cannot collect any fees due and payable from an account designated by the user due to lack of coverage of said account, the user shall bear all costs arising there from, including without limitation bank charges related to any debit entries and/or similar charges, plus interest. LM is entitled to cancel your subscription and/or block your account if payments are not received in time or not received at all. User payments are not refundable. In all cases where user’s payments are refundable enforced by law, LM charges user administration costs with a minimum of 150 euro excluding VAT per account, plus money transfer costs, plus transaction costs, plus money exchange costs. LM is entitled to deliver invoices to the user by e-mail only. VAT is charged according to the Dutch tax laws. Whether or not to charge VAT depends on whether the Products and Services are charged to natural persons or to (registered) companies, and whether they are based in The Netherlands, elsewhere in the European Union, or outside the European Union. Companies in the European Union have to give their VAT registration number. Local VAT payment, if applicable, by the company stated by the user, remains the responsibility of the user until the stated company has fulfilled their obligations. If the stated company does not fulfil their VAT obligations, the VAT will be charged to the user, and the user shall bear all costs arising there from, including without limitation bank charges and/or other charges, plus a minimum of 150 euro for LM to cover administration costs.

Responsibility for Children
Minors may only use the Products and Services when they are authorised by one of their parents, or by another adult that holds legal responsibility for them. By registering as a member minors confirm that they have obtained this authorisation. Adults that authorized a minor to use the Products and Services, are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; (iii) the consequences of any misuse by the minor; and (iv) the fulfilment of minor’s obligations under the agreement.

Responsibility for Password and Username
Upon registering, you will receive a password and username. Your username is the e-mail address you provide, as part of your registration data. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify LM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LM cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

Responsibility for Content
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LM, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. LM does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You can use our spam/abuse reporting facility to let us know of Content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will LM be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. LM does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although LM reserves the right to do so. By posting any Content to LM, you hereby grant to LM the non-exclusive, royalty-free, perpetual, irrevocable worldwide license to use, publicly perform and display such Content. Furthermore, you agree that LM retains the right to reformat, excerpt, or translate any Content submitted by you. You understand and agree that LM may disclose Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Terms of Service, or protect the rights, property, or safety of LM, its users, and the public.

Disclaimer of Warranty
LM disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. LM does not warrant that its services are error-free or that they will operate without interruption nor does LM make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). LM makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.

Limitations
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may NOT use the Products and Services to:
(a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
(c) Harm minors in any way;
(d) Associate LM and any Products and Services with any illegal material of any sort. This includes any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain unethical material, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;
(e) Impersonate any person or entity, including, but not limited to, a LM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, past or present;
(f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;
(g) Use the Products and Services to (i) redirect to another web page or (ii) store or host content for remote loading by other web pages;
(h) Use the Products and Services to hyperlink to content not permitted on the LM network;
(i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
(j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
(k) Disobey any LM employee or representative or interfere with any action by any LM employee or representative to redress any violation of these Terms of Service;
(l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any LM database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, web-based, or otherwise;
(m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;
(n) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(o) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    i. Making available copyrighted software or other Content that has had the copyright protection removed.
    ii. Making available serial numbers for software that can be used to illegally validate or register software.
    iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    iv. Making available any software files for which the user does not own the copyright or have the legal right to make available;
(p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. In order to protect our Members from such advertising or solicitation, LM reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which LM deems appropriate in its sole discretion.
(q) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of LM or the party from whom such software may be licensed.
(r) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(s) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(t) Intentionally or unintentionally violate or conspire to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
(u) "Stalk" or otherwise harass another;
(v) Collect or store personal data about other users, including, but not limited to, information about another user’s experience, skills, number or identity of contacts. This also includes collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website.
(w) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(x) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
(y) Distribute or display to others Content in general and data of other users in particular.
(z) Any automated use of the Products and Services, such as using scripts, is prohibited.
(aa) Post Content in fields that aren’t intended for that Content.

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the LM website(s) is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website.

Account Termination
Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that LM may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, anytime, especially should you fail to comply with the Terms of Service or any other guidelines and rules published by LM. Any such termination shall be in LM's sole discretion and may occur without any notice. LM further reserves the right to terminate any user's account or access to the Products and Services for any conduct that LM, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to LM or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. LM further reserves the right to terminate any user's account if there is no evident activity. All mailings sent to you by LM are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in LM. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with LM. If you report any of these mailings or service notification emails, as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your LM account.

Cookies
Use of the Products and Services requires that you accept all cookies in order to activate special web features and security mechanisms, and to enhance web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing LM cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize LM's use of cookies.

Limitation of Warranty
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, LM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. LM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. LM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. LM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LM OR THROUGH OR FROM THE LM PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. USE OF THE PRODUCTS AND SERVICES INCLUDES, BUT IS NOT LIMITED TO, USING CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY OR DEATH (EVEN IF LM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE PRODUCTS AND SERVICES OR TO LM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID LM MEMBERS, LM'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL LM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. UNDER NO CIRCUMSTANCES WILL LM BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL OR OTHER ACCOUNTS, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnification
By using the Products and Services you agree to indemnify LM and its officers, employees, agents, licensors, affiliates, subsidiaries and other partners, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release LM and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you or third parties may have against them arising out of or in any way related to such disputes and/or to the Products and Services.
Events
By participating in any online or offline LM event, you agree to release and hold LM harmless from any and all losses, damages, rights, claims and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such LM event.

LM Copyrights and Trademarks
LM, the LM logo’s and the Products and Services are trademark and copyright protected ©2005-2006 Linked Musicians BV, under international law. Copyrights are registered with Copyright Witness (Didcot, Oxon, United Kingdom) under number 255419. All rights reserved, including (but not limited to) specifically:
(a) The combination of networking and community services via Internet for the amateur and professional live music industry.
(b) Applying the people networking principle in the amateur and professional live music community.
(c) Applying the dual network layer (in any industry): the first layer being individuals (example: musicians), the second layer being groups of people (example: bands). The copyright also specifically applies to the mechanisms for registration, administration, and creation & acceptance of individual’s links in combination with group memberships.
(d) The LM logo
(e) The LM trade name

Your Copyrights
If you believe that your work has been copied and posted on the Products and Services in a way that constitutes copyright infringement, please provide LM, through the LM spam/abuse reporting facility, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the LM website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Chamber of Commerce Registration
Linked Musicians B.V. is registered at the Chamber of Commerce in Amersfoort, The Netherlands. Registration date: 14 December 2005, registration code: 32111765.

Governing Law
By using the Products and Services you agree that the use of LM, and this agreement, shall be governed by and in accordance with Dutch law and that disputes arising in connection with LM shall be resolved exclusively by the competent courts in the province Utrecht of The Netherlands. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than province Utrecht of The Netherlands.

Territorial Restrictions
The use of the Products and Services is not allowed in jurisdictions, countries and states where all or part of these General Terms of Service are not permitted according to the local laws, rules or regulations. It is the responsibility of the user to review these General Terms of Service during the registration process with LM, and to only accept the General Terms of Service when they are permitted according to the local laws, rules or regulations.

Usage of LM Servers
LM servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

LM Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

CPU Usage
LM Members shall not use excessive amounts of CPU processing on any of LM's servers. Any violation of this policy may result in corrective action by LM, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, account termination, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in LM's sole and absolute discretion. If LM takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth and Disk Usage
LM Members shall not use excessive amounts of bandwidth or disk space on any of LM's servers. LM reserves the right to monitor each Member's bandwidth and disk usage. LM shall have the right to take corrective action if any Member's bandwidth or disk usage is excessive. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, account termination or termination of this Agreement, which actions may be taken in LM's sole and absolute discretion. If LM takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.

“Crawlers” and “Spiders”
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the LM website(s) is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the LM website(s).

Links to the LM Website(s)
Links to LM website(s), including the use of the LM logo for this specific purpose, may in principle be used on all sites, whether or not these are of a commercial nature. However the contents of the site linking to LM may not be offensive, discriminating and/or in breach of the law, this at LM's sole and absolute discretion. The LM logo must be at least 0,5cm x 3,5cm (on a normal computer screen with normal resolution), clickable, and clicking the logo must link to www.Linked-Musicians.com.

Communication between Parties
Communication between parties shall be done by e-mail as much as possible. The user is obliged to keep the e-mail address provided to LM accurate at all times. LM has at all times the right to assume that the e-mail that LM sends to the provided e-mail address will be received and read by the user.

Privacy Policy

Your privacy is important to us. In the Privacy Policy, Linked Musicians would like to inform you about how Linked Musicians treats your Personal Data.
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