Find Musicians Available and Musicians Wanted Classified Ads!

Find a Musician Terms and Conditions

1. Introduction

   Samiva Technologies Ltd. and/or its affiliates ("Find-a-Musician", "we" or "us") operate www.find-a-musician.com (the "Website")

   These Terms and Conditions, which include our Privacy Policy, govern your access to and use of the Website, whether or not you register as a Member of the Website. By using the Website, you agree to these Terms and Conditions in full. These Terms and Conditions constitutes the Agreement between you and us (the "Agreement") and sets out the legally binding terms of your use of the Website. If you disagree with any part of this Agreement, please do not use the Website.

   Please note that these Terms and Conditions apply to the content and functionality of the Website, and to any services or opportunities facilitated through the Website. These Terms and Conditions do not apply to any other products or services that Samiva Technologies Ltd. might offer under different terms, such as any future payment processing services, which would be governed by separate agreements.

2. Eligibility

   You must be 18 or over or represented by someone 18 or over to register on the Website. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Term

   This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your Membership for any reason and at any time by following the 'my account' link on the top menu and selecting 'Delete Account'. Samiva Technologies Ltd may terminate your Membership for any reason and without prior warning. If you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after Membership is terminated, this Agreement will remain in effect.

4. Information that you provide to us

   You may give us information about yourself when you visit the Website. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and/or text messages in order to, for example, verify your identity or provide you with important information. You authorise us to send those messages when you visit the Website and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message.

5. Collection and Use of Geolocation Data

   To enhance your experience and the services we provide on the Website, we collect zip/postcode information during the registration process. This geographic data allows us to deliver tailored search results, show you local classifieds, and enable more accurate matching with other musicians or music-related opportunities in your vicinity. We respect your privacy; therefore, your exact postcode will be kept confidential and will not be visible to other users or third parties without your explicit consent. It is used solely for the purpose of refining our service offerings and improving your user experience. Please note that you have the option to update your zip/postcode information from Manage My Profile/Ad at any time. For more detailed information on how we handle your personal data, please refer to our Privacy Policy.

6. Intellectual property rights

   Unless otherwise stated, Samiva Technologies Ltd or our licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Website (collectively, "The Website IP"). The Website IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in The Website IP not expressly granted to you in these Terms and Conditions are reserved.

   You may choose to or we may invite you to submit comments or ideas about improvements to the Website or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that the Website has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

7. Licence to use website

   You may view, download for caching purposes only, and print pages from the Website, provided that:

   • you do not republish material from the Website (including republication on another website), or reproduce or store material from the Website in any public or private electronic retrieval system;
   • you do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or material on the Website for a commercial purpose, without our express written consent;
   • you do not use the Website for illegal and/or unauthorised activities, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorised framing of or linking to the Website. All incidents will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.
   • you understand and accept that Samiva Technologies Ltd reserves the right to remove content, messages, images, audio or profiles (collectively, "Content") that in our sole judgment violates this agreement.
   • you are solely responsible for any Content that you upload to the Website.

8. Copyright Policy

   You may not upload to the Website any material for which you do not hold the copyrights, trademarks or written consent(s) of the owner(s), or any material that infringes on the copyrights or trademarks of others.

9. Types of Membership

   People who register on the Website become "Members".

   Find-a-musician.com has two levels of Membership. "Fully Subscribed Members" and "Basic Members". As well as being able to browse the Website like any visitor to it, Basic Members may:

   • enter their name and other details of their band or themselves which appear on the Website and which may be updated at any time;
   • receive automated emails when another Member contacts them;
   • contact other Members;
   • upload one image;
   • upload one Mp3 demo;
   • be able to save favorite bands and musicians to a favorites list to be viewed at any time;
   • be able to save five favorite searches;
   • view other Basic Members' and Fully Subscribed Members' details as displayed on the site.

   In addition to the facilities available to Basic Members, Fully Subscribed Members may:

   • keep their account even if they haven't signed in for four months;
   • have a sent message folder;
   • keep sent and received messages indefinitely;
   • read messages sent by other Members and reply to those messages;
   • be able to send contact information in the form of email addresses, web addresses and phone numbers;
   • be able to include contact information in the form of email addresses, web addresses and phone numbers in their profiles.
   • upload 3 Mp3 demos;
   • upload 3 images.

10. Fees

    Where Fees are paid for Fully Subscribed Membership, if you wish to cancel your Membership or your subscription you may do so at any time. If you choose to cancel your subscription but not your Membership, your subscription remains active until your next subscription would normally be due. Please note that we reserve the right to alter the amount of any Fees, the period which they cover or the services made available to you.

    Trial periods and special offers, when and if they are available, and whether they are free or paid for, are only available once per individual or group of individuals unless expressly stated otherwise.

    Fees are paid on a recurring basis subject to the package you signed up to and will be automatically renewed on or around the due date unless cancelled.

    The current fees (as of 21st November 2023 but subject to change) are:

    	US$ 8.99 each month
    	Or:
    	US$ 35.96 every 6 months
    	Or:
    	US$ 62.93 every 12 months

11. Subscriptions
    • Subscription terms

      We may offer you the ability to purchase subscriptions via the Website. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

    • Free trials and promotional periods

      If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

    • Cancellation

      Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

12. Limitations of liability

    You acknowledge that it would be unreasonable to hold us liable in respect of this Website and the information on this Website.

    You acknowledge that it would be unreasonable to hold us liable or responsible for the behaviour of other Members or users of the Website either on or outside the Website or on or offline. We do not pre-screen or monitor any material placed on the Website by Members.

    You acknowledge that you are solely responsible for your behaviour on the Website and your interactions with other Members of the Website. We have no obligation to monitor disputes between Members but we reserve the right to do so.

    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on this Website is kept up-to-date.

    You acknowledge that even though prohibited by the Website, certain Members may behave in a manner that is misleading or illegal. Furthermore, you should be aware that people might not be who they claim to be. You should exercise the same caution on the Website as you do offline.

    You acknowledge that you use the Website entirely at your own risk. Samiva Technologies Ltd assumes no responsibility for any theft or destruction or unauthorised access to, or alteration of, user or Member communications or Content.

    You acknowledge that it would be unreasonable to hold us responsible should the Website or its services become unavailable due to technical difficulties with the Website or the hosting company.

    We do not endorse any third party sites that are linked to from the Website nor do we have any responsibility for their content. Furthermore, we are not responsible for the Terms and Conditions or the Privacy Policies of any such sites.

    In no event will Samiva Technologies Ltd be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings, arising from your use of the Website, whether arising in tort, contract, or otherwise, even if Samiva Technologies Ltd has been advised of the possibility of such damages or even if such damages are foreseeable.

    Notwithstanding anything to the contrary contained herein, Samiva Technologies Ltd's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of the amount paid, if any, by you to Samiva Technologies Ltd during the three-month period immediately preceding the event that gave rise to your claim for damages, or GBP20. This limitation on our liability will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis. By using the Website, you agree to this limitation of liability and acknowledge that it is a fundamental part of the basis of the agreement between you and Samiva Technologies Ltd

    Under no circumstances will Samiva Technologies Ltd be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website, any Content posted on the Website or transmitted to Members, or resulting from participating or downloading materials in connection with the Website, or any interactions between users of the Website, whether online or offline.

    The Website is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorised access or use of the Website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. The Website further denies responsibility for all liability and damages to you or others caused by

    • your access or use of the Website inconsistent with our instructions;
    • any unauthorised access of servers, infrastructure, or data used in connection with the Website;
    • any bugs, viruses, or other harmful code that may be transmitted to or through the Website;
    • any errors, inaccuracies, omissions, or losses in or to any data provided to us;
    • third-party content provided by you; or
    • the defamatory, offensive, or illegal conduct of others.

13. No Warranties

    We provide the Website, its content, and any services offered through it "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by the Website or obtained by you from or through the Website - whether from us or another entity, and whether oral or written - creates or implies any warranty from us to you.

    The Website disclaims any knowledge of, and does not guarantee:

    • the accuracy, reliability, or correctness of any data provided through the Website;
    • that the services will meet your specific needs or requirements;
    • that the Website will be available at any particular time or location, or will function in an uninterrupted manner or be secure;
    • that we will correct any defects or errors in the Website; or
    • that the Website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Website is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

    Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

14. Access to and Use of The Website

    Samiva Technologies Ltd grants you a limited, revocable, non-exclusive, non-transferable licence to access the Website. This licence does not include the right to use any of the content, information, or product listings found on the Website. Your permissions and/or licences are automatically terminated by any unauthorised use.

    To access certain features of the Website, including making purchases, we may require that you create an account. When creating your account, you must provide accurate and up-to-date information about yourself and ensure that this information is updated if it changes. You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account, including any purchases.

    We may disable your user ID and password at our sole discretion. Additionally, we reserve the right to terminate your account at any time and for any reason. You accept responsibility for all activities that occur under your user ID or password.

15. Products, Content and Specifications

    Details of the products and services available for purchase on the Website ("The Website Products") are set out on the Website. All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice.

    Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Website due to the limitations of the systems that you use to access the Website.

    The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

    By placing an order, you represent that the products or services ordered will be used only in a lawful manner.

16. Sanctions and Export Policy

    You may not use the Website or purchase any services from Samiva Technologies Ltd in or for the benefit of a country, organization, entity, or person that is subject to financial sanctions, trade controls, or export restrictions by the UK Government, including those listed by the Office of Financial Sanctions Implementation (OFSI) and the Export Control Joint Unit (ECJU). We do not claim, and we cannot guarantee that the Website or any services provided through it are or will be appropriate or available in any specific location or jurisdiction, comply with the laws of any specific location or jurisdiction, or comply with laws governing export, import, or foreign use.

17. Bulletin board / chat room / comments/ profiles/ messages and any other content

    You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.

    You must use the Website in a manner consistent with any and all applicable laws and regulations.

    You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use the Website for any purposes related to marketing or commercial activities without our express written consent.

    You must not use the Website to copy, publish or send mass mailings or spam. We may limit at our discretion the number of messages that may be sent to other Members in any 24 hour period which we deem appropriate.

    You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law. All material you copy, publish or send via the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime or provide information about illegal activities; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, menacing, solicit passwords or indentifying information for commercial or unlawful purposes or exploit anyone under the age of 18.

    The information you place on the Website about yourself or your band should be accurate and current.

    We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the Website, or commencing legal proceedings against you.

    We reserve the right to edit or remove any material posted upon the Website.

    In respect of all material that you post on the Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.

18. Variations and Amendments

    We have the right to change or add to the Terms and Conditions (including our Privacy Policy) at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Website such modifications to be effective upon posting on the Website. Please check this page regularly to ensure you are familiar with the current version. We reserve the right to withdraw or modify any or all aspects of the Website and the services on it at any time without prior notice.

    We may also notify you of any changes by email.

    You can access a copy of the current version of these Terms and Conditions on our website at any time. You can find out when these Terms and Conditions were last changed by checking the "Last updated" date at the top of the page.

19. Entire agreement

    These Terms and Conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of this website.

20. Law and jurisdiction

    This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England and Wales.

    By using the Website, you agree that the laws of English law without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Samiva Technologies Ltd.

    Should any part of this Agreement be held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

21. Our Customer Care and Complaint Handling Policy (Including Vulnerable Consumer Policy)

    We are committed to providing the very best in customer service. However, in recognition of the fact that things do sometimes go wrong, we have produced this Complaint Handling Statement.

    Our customer care and complaint handling policy sets out what our customers can expect from us and how we will handle your complaints.

    As part of resolving your complaint we will offer you an explanation and an apology. We will work with you and our payment partners (Paypal.com and Stripe.com) to provide you with a satisfactory outcome if your complaint involves a payment to us.

    Please email admin@find-a-musician.com with full details of the nature of your complaint. We will aim to respond within 48hours, though usually much quicker.

    If you are a vulnerable consumer or represent a vulnerable consumer, please get in touch with us if you require any specific help with using our website or complaining to us.

22. Refunds

    We want our customers to be happy customers so we offer a full refund of up to 3 months payments if you're not satisified with the service provided. No questions asked!

23. Our contact details

    Samiva Technologies Ltd
    Mill House
    Liphook Road
    Haslemere
    GU27 3QE
    United Kingdom

    Phone: (+44) 0333 577 1466

    email: admin@find-a-musician.com

    Should you become aware of anything on the Website that appears to infringe these Terms and Conditions please contact us on the above email address.

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