TERMS AND CONDITIONS OF USE
Welcome to Music for Tomorrow. By accessing and/or using the Music for Tomorrow website, you agree to be bound by these Terms and Conditions of Use. These terms apply to the various services available through this website, including the "Find A Band!" feature. The performers and bands listed on the Music for Tomorrow website through the "Find A Band!" feature are not affiliates of ours, and we are not liable for acts and omissions of such performers and bands.
BEFORE USING ANY OF THESE SERVICES, PLEASE READ ALL OF THESE TERMS CAREFULLY. IF AT ANY TIME YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST DISCONTINUE USE OF THIS WEBSITE.
Modification or Termination of Terms
We may modify or eliminate, in whole or in part, these terms from time to time in our sole discretion without giving prior notice to you. Each time you use or access the Music for Tomorrow website, you are deemed to have accepted any such modifications.
Links to Other Websites and Content
The Music for Tomorrow website may link to other websites operated by organizations. In addition, certain third party sites also may provide links to our website and may refer to themselves as Music for Tomorrow "affiliates." These third party websites are not under our control, and the inclusion of any link to or from our website does not imply endorsement or sponsorship of the website by us.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
When you use a third party website, you do so at your own risk. Any dealings that you have with third party websites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party.
THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. WE DO NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICES OR TOOLS MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR WEBSITE, SERVICES AND TOOLS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL.
NEITHER WE NOR OUR AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PROVIDERS, NOR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AND OTHER OWNERS (COLLECTIVELY, "MFT PARTIES") MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THIS WEBSITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR, AND ASSUME THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION YOU OBTAIN FROM US OR ANY OF OUR WEBSITES.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT YOU WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR SERVICES AVAILABLE THROUGH THIS WEBSITE, (III) REGARDING THE AVAILABILITY OF SERVICES THROUGH THIS WEBSITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE.
Persons under the age of 18 are not eligible to use any services on our website.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ANY OF THE MFT PARTIES, BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE MUSIC FOR TOMORROW WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ANY MFT PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ATTORNEY'S FEES AND COSTS) ARISING OUT OF OR RELATING TO THESE TERMS, USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY, OR IF ANY MFT PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL MFT PARTIES ARISING OUT OF OR RELATING TO THESE TERMS AND/OR RELATING TO USE OF, OR INABILITY TO USE, THIS WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, TO ACCESS THIS WEBSITE.
FURTHER, THE PERFORMERS AND BANDS AVAILABLE THROUGH THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT OUR AGENTS OR EMPLOYEES. TO THE EXTENT PERMITTED BY LAW, WE DO NOT ASSUME LIABILITY FOR ANY DAMAGE, LOSS, OR DELAY DUE TO AN ACT OR OMISSION OF A PERFORMER OR BAND, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A PERFORMER OR BAND, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, WEATHER, OR CAUSES BEYOND OUR CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS OR DELAYS.
No MFT Party shall be responsible for any performer's or band's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any MFT Party be responsible for any other wrongdoing of a performer or band (including any liability in tort), as to any products and/or services available through this website. No MFT Party shall be responsible for any performer's or band's failure to comply with this Agreement or for any performer's or band's failure to comply with applicable federal, state, provincial and local law.
You will not hold us responsible for any performer's or band's actions or inactions. You acknowledge that we are not a traditional booking agent. Instead, our website is a venue to allow you to find and book a performer or band in a variety of pricing formats and locations. We are not involved in the actual transaction between you and any performer or band. We have no control over and do not guarantee the quality of services advertised, the ability of performer or band to provide the service represented, the ability of users to pay for such services, or that a user or performer or band will actually complete a transaction. In short, we help you find a performer or band, but your transaction is with the performer or band, and not with us.
You agree to indemnify and hold harmless, and at our request, defend us, our affiliates and our and our affiliates' respective officers, directors, employees, agents, contractors and licensees from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to your violation or breach of either these terms or the rights of any third party.
Applicable Law and Place of Jurisdiction
Any use of the Music for Tomorrow website and all legal disputes arising out of or in connection therewith shall be governed by and interpreted in accordance with the laws of the state of New York, without giving effect to the principles of conflicts of law thereof. You consent to jurisdiction and venue in all matters in the State of New York. You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association ("AAA"), for final and binding arbitration.
Questions, Concerns, or Complaints
Questions, concerns, or complaints related to conduct within the Music for Tomorrow website should be emailed to Info@MusicForTomorrow.org