USER NOTIFICATION:

TERMS AND CONDITIONS OF SERVICES



You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the services provided by ShowcaseDemo.com.


We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of the ShowcaseDemo.com website, as they may contain further terms and conditions that apply to you as a ShowcaseDemo.com user. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement is effective on January 1st, 2007 for new client and users and for all others who registered prior to January 1st, 2007.


If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.


1. ShowcaseDemo.com is not a booking agency.

ShowcaseDemo.com is not a booking agency or a talent representation agent. We do not procure employment for musicians, bands or solo performers. We are simply a web site that contains a database of bands and solo performers that can be browsed by hiring professionals. We are not involved in any of the details of the arrangements between buyers and sellers. All arrangements between the musicians, bands or solo performers and the person(s) hiring the musicians are to be negotiated and agreed upon outside of the services of this site.  We simply provide a medium for a hiring professional to find and contact a band.


1.1 No Representation

Since ShowcaseDemo.com is not a booking agency, ShowcaseDemo.com does not represent any of the musicians, bands or solo performers on this site. All musicians, bands and solo performers represent themselves, therefore ShowcaseDemo.com makes no claim regarding the accuracy or authenticity of any of the information, profile descriptions, audio samples, videos,  photographs, etc. regarding the members of this site.  It is the sole responsibility of the person(s) contacting or hiring any musicians, bands and solo performers that they further investigate the members services by calling/emailing the member(s), obtaining a demo CD, promotion package, arranging an audition and/or seeing the band play live before you determine if this band is the right band for your event.


In the event that you have a dispute with one or more ShowcaseDemo.com presenters, you release ShowcaseDemo.com, The Wiseman Company, the Association for the Promotion of Campus Activities and all officers, directors, agents, subsidiaries, joint ventures and employees of the above from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."


2. Release

We do not control the information provided by ShowcaseDemo.com artists. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction. All photographs, videos, audio samples, descriptions etc. are are the property of the individual artist. Use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site.  By using this Site, you agree to accept all risks and ShowcaseDemo.com is not responsible for the acts or omissions of users on the Site.


3. Fraud.

Without limiting any other remedies, ShowcaseDemo.com may suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.


4. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHOWCASEDEMO.COM  BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE OF THIS SITE OR THE SERVICES HEREIN. 


5. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.


6. Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of live entertainment services and other related items.


7. No Agency.

You and ShowcaseDemo.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


8. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by ShowcaseDemo.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the ShowcaseDemo.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Harris County,  Houston Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ShowcaseDemo.com may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, TX, necessary to protect the rights or property of you or ShowcaseDemo.com pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs of up to $1,000.00.