TERMS AND CONDITIONS OF USE
Gobusker.com is a web service for musicians and fans of music, provided by I Love Music Limited (registered in England company number 5977393). Gobusker.com is a trading name of I Love Music Limited and the Gobusker.com site is referred to as "the Site".
The following general terms and conditions apply for artist members ("Artists"), fan members ("Fans"), and "Wannabees" (collectively "Members") and visitors to the Site (all collectively "Users" or "you"). Further terms and conditions are set out in the schedules at the end of these general terms. Schedule one sets out conditions for Artists in relation to the opportunity to earn a development contract; schedule two sets out the terms applying to Wannabees wishing to upload videos; schedule three sets out terms relating to Fans and schedule four sets out the terms and conditions applying to Artists wishing to sell downloads of their music via the Gobusker.com shop.
GENERAL TERMS AND CONDITIONS
1. Acceptance of Terms
BY USING, VISITING OR REGISTERING WITH THE GOBUSKER.COM WEBSITE DIRECTLY OR VIA ANY LINK, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS (INCLUDING ANY APPLICABLE SCHEDULE) AND THE PRIVACY POLICY AND AGREEING TO THEM. IF YOU DO NOT AGREE WITH ANY TERM, YOU SHOULD NOT USE THE SITE. The Privacy Policy can be found by
2. Use of the Site
2.1 Gobusker.com grants you the right to access the Site and /or to register as a Member in accordance with these terms and conditions, to upload material to the Site, to access all material such as profiles, music and videos and to purchase downloads via the Gobusker.com shop.
2.2 The Site is for the personal use of the Members and visitors and is not for use in relation to any commercial enterprise not approved by Gobusker.com. For example the gathering of names and e mail addresses for use in sending unsolicited e mail or otherwise, or the commercial advertising of any product constitutes unauthorised use.
2.3 You agree not to use or launch any automated system on the Site, such as "spiders" or "robots" (or any mechanism which would produce contact with the Site whether for voting or otherwise at a faster rate than would be possible by a person operating any ordinary web browser in the normal way. Permission is granted to the operators of public search engines to use spiders to collect information from the Site for use in searchable lists of material, but not to create any archive of the material (for which permission can be revoked by Gobusker.com). You agree not to cover any banner advertisements which Gobusker.com may place on the Site from time to time.
2.4 You are not authorised to send unsolicited e mails to other Members in quantities which exceed those set out in the schedules of rules at the end of these terms, or as otherwise notified on the Site.
2.5 When you register you will create an "account" by supplying information. You promise that this information is true, accurate and complete. You may not use another Member’s account and you are solely responsible for the use of your account. You must keep your password secure and notify Gobusker.com of any breach of security.
2.6 Gobusker.com reserves the right to terminate, without notice, the registration of any Member using the Site in an unauthorised manner and to take appropriate legal action. Likewise any Member may terminate their registration with the Site at any time without notice (subject to any special conditions applying in schedule one).
3. ELEGIBILTY AND CAPACITY
You confirm that you are over the age of 14 AND EITHER you are over the age of 18 or have the consent of your parent or legal guardian to register with the Site and participate in its activities and that you are fully able to agree to and fulfil all your obligations under these terms and conditions, that all representations you make to us are true and accurate AND that you have not granted any exclusive rights in any Material (as defined below) to any third party (such as a record Company or a collection society).
4. SUBMISSIONS
4.1 Gobusker.com invites submission to the Site of audio and audio visual recordings, photographs, imagery and words ("Material") in accordance with these terms and conditions.
4.2 You hereby grant to Gobusker.com the non-exclusive worldwide transferable licence to reproduce, distribute, display and perform the Material in any media and through any media channel and to allow others to do so. In the event that any commercial sales of Material are made via the Site in accordance with schedules two and four the Member will be entitled to remuneration in respect of the Material as set out in those schedules but otherwise Members will be entitled to no remuneration in respect of the Material. Gobusker.com will not exploit any material by way of commercial sale thereof without the approval of the Member concerned. Members retain all of their ownership rights in the Material.
4.3 YOU AGREE NOT TO POST ON THE SITE MATERIAL
- WHICH IS OWNED IN WHOLE OR IN PART BY SOMEONE ELSE OR WHICH BREACHES THE COPYRIGHT OF ANY PERSON OR COMPANY OR OTHER ENTITY (unless you have been granted permission from the owner to do so).
which violates any privacy or publicity right
- which is offensive, racist, promotes bigotry, is threatening, or advocates the harassment of any person or organisation
- which is obscene, defamatory or libellous
- which contains false or misleading information or anything which could be damaging to Gobusker.com in any way
- which impersonates another person or group of people
- which includes material which could be damaging to persons under 18 years of age
- which involves "junk mail" or "chain letters"
- which is in any other way unsuitable for inclusion on the Site in the opinion of Gobusker.com acting in its absolute discretion
4.4 You agree not to include in your profile on the Site or in any Material your personal telephone number, e mail address or street address.
4.5 Gobusker.com does not in any way endorse the content posted on the Site by Users. Further Gobusker.com assumes no responsibility for any false or inaccurate content or from any technical problems arising from any use of the Site.
5. REMOVAL FROM SITE
5.1 Gobusker.com reserves the right in its absolute discretion to remove Material from the Site without notice. If any User repeatedly posts infringing material on the Site or behaves in an unauthorised manner Gobusker.com has the right to terminate that User’s access to the Site.
5.2 If any person or company owns the copyright in any Material which has been posted on the Site in violation of the conditions set out above and in breach of that copyright, such person or company should submit to the nominated Gobusker.com representative details of the alleged infringement together with proof of ownership and contact details. Provided that Gobusker.com is satisfied with the validity of such claim it will remove the violating item(s) from the Site. For the purpose of this clause the nominated Gobusker.com representative is……………….
5.3 Gobusker.com reserves the right to report any suspected illegal or fraudulent activities of which it becomes aware through the Site to the relevant authorities but undertakes no obligation to do so.
5.4 All fees payable to Gobusker by Members are non-refundable and in the event that Material is removed or Membership terminated any fees paid by the Member concerned will be retained by Gobusker.com.
6. GOBUSKER.COM PROPERTY
The Gobusker.com name, logo, Site design, editorial content and any other intellectual property introduced to the Site by Gobusker.com (rather than by Members) belongs to Gobusker.com and is protected by copyright and other intellectual property rights. No use may be made of such Gobusker.com material without the express permission of Gobusker.com save that the name may be used in the course of good faith journalistic reports and in the promotion of the Site.
7. THIRD PARTY LINKS
The Site may from time to time contain links to third party sites not owned or controlled by Gobusker.com. Gobusker.com accepts no responsibility for the content, privacy policy or conduct of such sites and Users are recommended to read the terms and conditions and privacy policies of such sites before participating in them.
8. USER’S SOLE RISK
You agree and confirm that you understand that your use of the Site is at your sole risk. Any loss or damage caused to you as a result of your use of the Site or of your use of any links to third party sites in your responsibility.
9. LIMITATION OF LIABILITY
IN NO CIRCUMSTANCES WILL GOBUSKER.COM OR ITS OFFICERS EMPLOYEES OR RESPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE WHETHER DIRECT OF CONSEQUENTIAL ARISING OUT OF YOUR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY ARISING FROM ERRONEOUS OR INACCURATE CONTENT OR FROM VIRUSES’ TROJAN HORSES OR THE LIKE TRANSMITTED VIA THE SITE BY USERS OR OTHERS OR FROM ANY ALLEGED FINANCIAL DISADVANTAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE. No warranty is given by Gobusker.com, its officers, employees or representatives as to the Site’s fitness for purpose. Notwithstanding anything to the contract contained in these terms and conditions any liability to you for any cause of action howsoever arising will be limited to any registration or other fees paid by you to Gobusker.com.
10. USER DISPUTES
Gobusker.com shall be entitled to monitor but will not be responsible for resolving any disputes between Users.
11. INDEMNITY
You agree to indemnify and hold Gobusker.com harmless from any loss liability claims or damages (including reasonable legal costs) made by any third party due to or arising out of your use of the Site and/or any breach of the warranties given by you in agreeing these terms and conditions.
12. ASSIGNMENT
Gobusker.com shall be entitled to assign freely these terms and conditions and all rights granted hereunder to any person, company or other entity.
13. MISCELLANEOUS
13.1 These terms and conditions together with any applicable schedules hereto and the privacy policy shall form the entire agreement between the parties.
13.2 If any provision of these terms and conditions is found to be void or unenforceable such finding shall have no effect on the remainder of the terms and conditions which shall remain in full force and effect.
13.3 No failure of Gobusker.com to enforce any of these terms and conditions in any particular instance(s) shall constitute an ongoing waiver of such terms and conditions.
13.4 Gobusker.com reserves the right to amend these Terms and conditions at any time. In such event Gobusker.com will post a notice on the Site indicating that a change has occurred and your continuing use of the Site shall be deemed your agreement to such change(s).
14. LAW AND JURISDICTION
These terms and conditions shall be governed by the laws of England and Wales and the courts of England and Wales shall be the courts of jurisdiction.
YOUR USE OF THE SITE WILL CONSITUTE YOUR AGREEMENT TO THE ABOVE TERMS AND CONDITIONS
SCHEDULE 1
This schedule relates to the artist contest to be run from November 2007 to February 2008 and forms part of the Gobusker General Terms and Conditions. It should also be read in conjunction with the contest rules appearing on the Site.
1. ENTRIES
Artist Members (“Artists”) may enter the contest in the manner set out in the relevant area of the Site. All material entered into the competition will be subject to the General Terms and Conditions and for the avoidance of doubt must be wholly original and not owned or controlled by any other person.
Users of the Site may vote for Artist entries by unlimited text voting The cost of text voting will be as indicated at the time of voting.
2. TIME LINE
Entries to the competition may be uploaded by the Artists until 11.59pm on the 11th February 2008. Late entries will be permitted at the discretion of Gobusker.
The first round of voting will begin at midday 18th February 2008 and closes at 11.59 pm on 17th March 2008. On 18th March 2008 the twenty Artists who have received the most votes will be announced. Voting for the semi final will start Midday on the 18th March 2008 and continues until 10pm 7th April 2008. The initial ten finalists will be announced on 8th April 2008, whereupon voting will recommence at for the ten finalists only. This will take place from midday on the 8th April 2008 until 11.59 pm on 20th April. The five acts with the most Public Votes will be announced Monday 21st April 2008 and will be invited to perform in the live final. Voting will continue for these five acts only, however, all votes accumulated from the 8th April up to and including those on the night of the final on the 27th April, until the last band finishes playing, will contribute to their total number of votes for the purposes of deciding the competition winner on final night.
3. THE FINAL
The final will take place on 27th April 2008 at a location in Kent to be announced on the Site and will take the form of a live webcast. ALL ENTRANTS TO THE CONTEST MUST BE FREE TO PERFORM IN KENT ON THE DAY OF THE FINAL AND, BY ENTERING, THEY COMMIT TO DO SO, SHOULD THEY BECOME FINALISTS. The voting for the final will be divided between votes cast by Users of the Site as set out in 1 above and by votes cast by the members of a panel of experts on the night of the final. The decision as to the winner will be made based 50% on User votes and 50% on panel votes (combined as percentages of the total in each case). In the event of a tie the band with the most Public Text Votes will be announced the winner.
4. THE WINNER
The winner will be allocated a development fund as described on the Site.
© I Love Music Limited 2007