Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully. They contain important information about your rights and obligations. By accessing or using the RIFFER MUSIC Platform, you agree to comply with and be bound by these Terms.

Last Updated: September 09, 2022

Welcome and thank you for using RIFFER MUSIC LLC !

These Terms constitute a legally binding agreement (“Agreement”) between you and RIFFER MUSIC LLC. They govern your access to and use of the RIFFER MUSIC LLC website, including any subdomains, and any other websites through which RIFFER MUSIC LLC  makes its services available (collectively, “Site”). The Site, Application, and RIFFER MUSIC Services together are hereinafter collectively referred to as the “RIFFER MUSIC Platform”.

When these Terms mention “RIFFER MUSIC,” “we,” “us,” or “our,” it refers to the RIFFER MUSIC company you are contracting with.

Our collection and use of personal information in connection with your access to and use of the RIFFER MUSIC Platform as described in our Privacy Policy.

Any payment processing services through or in connection with your use of the RIFFER MUSIC Platform (“Payment Services”) are conducted by Stripe process. Remember also that you have to pay the royalty collector company based on your location and which you are registered. 

Venue/event managers and musicians alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations.

 

1. Range of RIFFER MUSIC Services

1.1 RIFFER MUSIC Platform is an online space that enables registered users (“Venues or Event Manager”) and certain third parties who offer services (bands and promoters) to publish content and to communicate and negotiate directly with Members seeking to book such Services.

1.2 As the provider of the RIFFER MUSIC Platform, RIFFER MUSIC does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Services provided by the Members. When Members make or accept a booking, they are entering into a contract directly with each other. RIFFER MUSIC is not and does not become a party to or other participants in any contractual relationship between Members. RIFFER MUSIC is not acting as an agent in any capacity for any Member.

1.3 While we may help facilitate the resolution of disputes, RIFFER MUSIC has no control over it. It does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services provided by members, (ii) the truth or accuracy of Member Content, or (iii) the performance or conduct of any Member or third party. You should practice due diligence and care when deciding whether to agree with the venue/event manager or musician, participate in an Experience or Event or use other Services, accept a booking request, or communicate and interact with other Members, whether online or in person.

1.4 If you choose to use the RIFFER MUSIC Platform, your relationship with RIFFER MUSIC is limited to being an independent, third-party contractor. You do not become an employee, agent, joint venturer, or partner of RIFFER MUSIC for any reason. You act exclusively on your behalf and for your benefit. You do not act on behalf of, or for the benefit, of RIFFER MUSIC. RIFFER MUSIC does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms precisely. You acknowledge and agree that you have complete discretion in engaging in other business or employment activities.

1.5 To promote the RIFFER MUSIC Platform and to increase the exposure of Members, Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. Listings and other Member Content may be translated, in whole or in part, into other languages. RIFFER MUSIC cannot guarantee the accuracy or quality of such translations. Members are responsible for reviewing and verifying the accuracy of such translations. The RIFFER MUSIC Platform may contain translations powered by Google. It is disclaimed from all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement.

1.6 The RIFFER MUSIC Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. RIFFER MUSIC is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by RIFFER MUSIC of such Third-Party Services.

1.7 RIFFER MUSIC cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. RIFFER MUSIC may restrict the availability of the Platform or certain areas or features thereof if this is necessary given capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. RIFFER MUSIC may improve, enhance, and modify the Platform and introduce new Services from time to time.

2. Eligibility, Using the RIFFER MUSIC Platform, Member Verification

2.1 To access and use the RIFFER MUSIC Platform or register a RIFFER MUSIC Account, you must be at least 18 years old. Or you can be an organization, validly existing business, or other legal entity acclaimed under the laws of the established country.

2.2 You will be compliant with any applicable laws in your local jurisdiction.

2.3 RIFFER MUSIC may make access to and use of the Platform, or certain areas or features of the Platform.

2.4 While it’s difficult to verify the individual on the Internet, we are not responsible for the confirmation of any Member’s identity. To prevent fraud, “Musicians” will be subject to verification through Stripe’s service. This verification will occur at the time of listing creation. As permitted by applicable laws, they can ask you to provide a government identification document or other information or undertake additional checks designed to help verify the identities.

2.5 The access to or use of certain areas and features of the RIFFER MUSIC Platform may be subject to separate policies, standards, or guidelines. It may require that you accept additional terms and conditions before you can access the relevant areas or features of the RIFFER MUSIC Platform. If there is a conflict between the terms applicable to a specific area or functionality of the RIFFER MUSIC Platform, the latter terms and conditions will take precedence concerning your access to or use of that area or feature, unless specified otherwise in the latter terms.

3. Modification of these Terms

RIFFER MUSIC reserves the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the RIFFER MUSIC Platform. We will renew the date of the last update at the top of these Terms and notify you about modifications by email. If you disagree with the changed Terms, you can terminate this Agreement. We will inform you about your right to do it in the notification email. If you do not cancel your Agreement before the date the revised Terms become effective, your continued access to or use of the RIFFER MUSIC Platform will be deemed as acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account on www.riffermusic.com to access and use certain features of the RIFFER MUSIC Platform. If you are registering a RIFFER MUSIC Account for a business, organization, or other legal entity, you designate and guarantee that you have the authority to enter into agreements.

4.2 You can register a RIFFER MUSIC Account using an email address and creating a password. You must provide accurate, current, and complete information when opening an account. You have to keep your RIFFER MUSIC Account and public Account profile page information up-to-date at all times. You may not assign or otherwise transfer your RIFFER MUSIC to another party.

4.3 You are responsible for maintaining the confidentiality and security of your RIFFER MUSIC Account credentials. You may not disclose your credentials to any third party. You must immediately notify RIFFER MUSIC if you know or suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised. In case of any actual or suspected unauthorized use of your RIFFER MUSIC Account, please notify us immediately. You are liable for any activities conducted through your RIFFER MUSIC Account unless you do not authorize such activities, and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.4 RIFFER MUSIC may enable features that allow you to authorize other Members or certain third parties to take specific actions that affect your RIFFER MUSIC Account. These features do not require that you share your credentials with others. No third party is authorized by RIFFER MUSIC to ask for your credentials, and you shall not request the credentials of another Member.

 5. Content

5.1 RIFFER MUSIC may enable Members to create, post, send, receive and store content, such as text, photos, audio, music, video, or other materials and information on or through the RIFFER MUSIC Platform (“Member Content”). Members may access and view other’s Member Content and any content that RIFFER MUSIC itself makes available on or through the RIFFER MUSIC Platform.

5.2 All content may in its entirety or part be protected by copyright, trademark, and other laws. You acknowledge and agree that the RIFFER MUSIC Platform and RIFFER MUSIC Content. All trademarks, service marks, logos, trade names, and any other source identifiers of RIFFER MUSIC used on or in connection with the RIFFER MUSIC Platform and RIFFER MUSIC Content are trademarks or registered trademarks of RIFFER MUSIC. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the RIFFER MUSIC Platform, Content, and Collective Content are used for identification purposes only. They may be the property of their respective owners.

5.3 You will not use, copy, modify, distribute, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the RIFFER MUSIC Platform, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms.

5.4 Subject to your compliance with these Terms, RIFFER MUSIC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the Application on your device(s); and access and view any Content made available on or through the RIFFER MUSIC Platform and accessible to you, solely for your personal and non-commercial use.

5.5 As Member Content includes personal information; it will only be used for these purposes if such use complies with applicable data protection laws by our Privacy Policy. Unless you provide specific consent, RIFFER MUSIC does not claim any ownership rights in any Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 You are responsible for ensuring that your Service is accurately represented on RIFFER MUSIC platform, and you will stop using it or remove it from the RIFFER MUSIC Platform if they no longer accurately represent your Service. You acknowledge and agree that RIFFER MUSIC shall have the right to use any images, video, and audio for advertising, marketing, and any other business purposes in any media or platform, whether concerning your Service or otherwise, without further notice or compensation to you. Where RIFFER MUSIC is not the exclusive owner of images, audio, video, or music by using such Content on or through the RIFFER MUSIC Platform, you grant to RIFFER MUSIC an exclusive, worldwide, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and any other business purposes in any media or platform, whether about your Service or otherwise, without further notice or compensation to you. RIFFER MUSIC in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the RIFFER MUSIC Platform solely for your personal and non-commercial use.

5.7 You are responsible for all Member Content that you make available on or through the RIFFER MUSIC Platform. Accordingly, you represent and warrant that: you are the sole and exclusive owner Content you make available on or through the RIFFER MUSIC Platform, you have all rights, licenses, consents, and releases that are necessary to grant to RIFFER MUSIC the rights in and to such Member Content; and neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or RIFFER MUSIC’s use of the Member Content as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances. RIFFER MUSIC may, without prior notice, remove or disable access to any Member Content that RIFFER MUSIC finds to violate applicable law, these Terms or RIFFER MUSIC’s then-current Policies or Standards, or otherwise may be harmful or objectionable to RIFFER MUSIC, its Members, third parties, or property.

5.9 RIFFER MUSIC respects copyright law and expects its Members to do the same. If you believe that any content on the RIFFER MUSIC Platform infringes copyrights you own, please notify us immediately.

6. Service Fees

6.1 RIFFER MUSIC may charge fees to Members in consideration for the use of the RIFFER MUSIC Platform.

6.2 Any applicable Service Fees will be displayed to a “Member” before booking. RIFFER MUSIC holds the right to change the Service Fees at any time. We will provide Members with adequate notice of any fee changes before they become effective. Such fee changes will not affect any services booked before the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to RIFFER MUSIC, including STRIPE Fees. The applicable Service Fees (including any applicable Taxes) are collected by RIFFER MUSIC Payments. RIFFER MUSIC Payments will deduct Fees at the time of the booking. Except as otherwise provided on the RIFFER MUSIC Platform, Service Fees are non-refundable (with the exception of a few case), you can read more about them in our Cancelation Policy.

7. Ratings and Reviews

7.1 After completing a booking, Members can leave a public review that reflects the opinions of individual Members and not the opinion of RIFFER MUSIC. Reviews are not verified by RIFFER MUSIC for accuracy and may be incorrect or misleading.

7.2 Reviews must be accurate without any offensive or abusive language.

7.3 Members are prohibited from manipulating the Reviews system in any manner. You are not allowed to instruct a third party to write a positive or negative Review about another Member.

7.4 Ratings and Reviews are part of a Member’s public profile. They may also be surfaced elsewhere on the RIFFER MUSIC Platform together with other relevant information.

8. Disputes between Members

8.1 You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you include.

8.2 Members agree to cooperate with and assist RIFFER MUSIC in good faith and to provide RIFFER MUSIC with such information and take such actions as may be reasonably requested, in connection with any Damage Claims or other complaints or claims made by Members relating to services arranged by RIFFER MUSIC.

8.3 In case of need “Members” can open a dispute through the relevant order page in their account.

9. Prohibited Activities

9.1 You are solely responsible for compliance with any laws, rules, regulations, and Tax obligations that may apply to your use of the RIFFER MUSIC Platform.

9.2 You acknowledge that RIFFER MUSIC has no obligation to monitor the access to or use of the RIFFER MUSIC Platform by any Member. RIFFER MUSIC has no responsibility to review, disable access to, or edit any Member Content. But, we have the right to do so to: (i) operate, secure, and improve the RIFFER MUSIC Platform; (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable, or (v) as otherwise outlined in these Terms. Members agree to cooperate with and assist RIFFER MUSIC in good faith, and to provide RIFFER MUSIC with such information and take such actions as may be reasonably requested by RIFFER MUSIC concerning any investigation undertaken by RIFFER MUSIC or a representative of RIFFER MUSIC regarding the use or abuse of the RIFFER MUSIC Platform.

9.3 If you feel that any Member you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to RIFFER MUSIC by contacting us with your police station and report number. You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

10. Term and Termination, Suspension, and other Measures

10.1 You may terminate this Agreement at any time by sending us an email. If you cancel your Account, any confirmed services will be automatically canceled.

10.2 Without limiting our rights specified below, RIFFER MUSIC may terminate this Agreement for convenience at any time by giving you thirty (30) days notice via email to your registered email address.

10.3 RIFFER MUSIC may immediately, without notice, terminate this Agreement and stop providing access to the RIFFER MUSIC Platform if (i) you have materially breached your obligations under its terms and policies (ii) you have violated applicable laws, regulations, or third party rights, or (iii) RIFFER MUSIC believes in good faith that such action is reasonably necessary to protect the personal safety or property of RIFFER MUSIC, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

10.4 Also, RIFFER MUSIC may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached its policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration or after that, (iv) you fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or RIFFER MUSIC otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have frequently cancelled confirmed services or failed to respond to service requests without a valid reason, or (vii) RIFFER MUSIC believes in good faith that such action is reasonably necessary to protect the personal safety or property of RIFFER MUSIC, its Members, or third parties, or to prevent fraud or other illegal activity.

In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by RIFFER MUSIC and an opportunity to resolve the issue to RIFFER MUSIC’s reasonable satisfaction.

10.5 If we take any of the steps described above (i) we may refund your Customer in full for any confirmed bookings that have been canceled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed reservations that were canceled.

10.6 When this Agreement has been terminated, you are not allowed to a restorative of your RIFFER MUSIC Account or any of your Member Content. If your access to or use of the RIFFER MUSIC Platform has been limited or your RIFFER MUSIC Account has been suspended, or we have terminated this Agreement, you may not register a new RIFFER MUSIC Account or access and use the RIFFER MUSIC Platform through a RIFFER MUSIC of another Member.

11. Limitation of Liability

Except where prohibited by law, in no event will RIFFER MUSIC or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or inability to use the Service, including but not limited to reliance by you in any information obtained from the Service. The foregoing limitation of liability will apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of the company has been advised of or should have knowledge of the possibility of such damages.

If notwithstanding the other provisions of these Terms of Use, The RIFFER MUSIC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the RIFFER MUSIC Platform, the Company’s and its affiliate’s liability will in no event exceed the number of fees paid during the preceding 6 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

By “damages” we mean the following but are not limited to:

1. DERIVING FROM YOUR INABILITY TO ACCESS ANY OF OUR SERVICES, CONTENT, OR RELATED PARTS.
2. RELATED TO YOUR COMPUTER HARDWARE, SOFTWARE, OR DATA, INCLUDING DAMAGE OR LOSS FROM A SECURITY BREACH
3. FROM ANY LEGAL ACTION WHATSOEVER AGAINST YOU, WHETHER THE INVESTIGATION IS CONDUCTED BY RIFFER MUSIC OR ANY LAW ENFORCEMENT AGENT OR AGENCY.
4. DERIVING FROM ANY MODIFICATIONS OR CHANGES MADE TO OUR SERVICES.
5. RELATED TO ANY TEMPORARY OR PERMANENT SUSPENSION OF ACCESS TO OUR SERVICES OR CONTENT FOR ANY REASON
6. FROM ANY ERRORS, “BUGS”, OR INACCURACIES FOUND IN OUR SERVICES OR RELATED CONTENT.
7.  OF PROFITS, OPPORTUNITY, OR GOODWILL, DIRECTLY OR INDIRECTLY.
8. RELATING TO INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES

12. Disclaimers

You agree that you have read RIFFER MUSIC policies, laws, rules, or regulations that may apply to the Services you are receiving and that you are not relying upon any statement of law or fact made by RIFFER MUSIC.

If we identify or conduct background checks on any Member, under applicable law, we disclaim warranties of any kind that such tests will identify prior misconduct by a Member. We do not guarantee that a Member will not engage in mischief in the future.

You agree that some Experiences, Events, and other Services may carry inherent risk, and by participating, you choose to understand those risks voluntarily.

The previous disclaimers apply to the maximum scope permitted by law. You may have other rights.

13. Governing Law

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the applicable laws of Texas, United States without regard to its conflicts of laws provisions. You agree to personal jurisdiction and venue in the state and federal courts in State Hwy, Houston, Texas, and waive any objection to such jurisdiction or venue.

14. Waiver of Trial by Jury

Except where prohibited by law, you expressly waive trial by jury in any judicial proceeding involving any dispute, controversy, or claim to arise out of or relating to these Terms and Conditions or the Service.

15. No Waiver

The failure of the RIFFER MUSIC to insist on or enforce strict performance of these Terms of Conditions will not be construed as a waiver by The RIFFER MUSIC of any provision or any right it has to enforce these Terms and Conditions, nor will any course of conduct between the RIFFER MUSIC and you or any other party be deemed to modify any provision of these Terms and Conditions.

16. Severability

The provisions of these Terms and Conditions are severable. The invalidity, in whole or in part, of any provision of these Terms and Conditions, will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions will remain in full force and effect.