1.1 This website – Jade Thunder Music (“our Site”) promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.
2. Accessing our Site
2.1 We cannot guarantee that our Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet-connected device.
2.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Site and is compatible with our Site. You also understand that we cannot and do not guarantee or warrant that any content on our Site will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.4 We reserve the right, in our discretion, to withdraw, suspend or modify our Site or certain features or parts of our Site with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our Site or any service available on or through our Site.
3. Using our Site
3.1 You must use our Site and the information available from our Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
3.2 You cannot use our Site:
- for any unlawful purpose;
- to send spam;
- to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to tamper with, update or change any part of our Site;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
- using any automated means to monitor or copy our Site or its content, or to interfere with or attempt to interfere with how our Site works.
4. Intellectual property rights
5. If you provide content for our Site
5.1 If you provide any material to our Site (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.
5.2 You own your User Content at all times, and you continue to have the right to use it in any way you choose.
5.3 By providing any User Content to our Site you confirm that such User Content:
- will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
- does not take away or affect any other person’s privacy rights, contract rights or any other rights;
- does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Site;
- will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and
- will not contain any form of mass-mailing or spam.
5.4 If you do not want to grant us the permissions set out above, please do not provide any material to our Site.
5.5 We have no obligation to publish your User Content on our Site and we retain the right to remove any User Content at any time and for any reason.
5.6 We do not edit, pre-vet or review any User Content displayed on our Site. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
6. Our liability
6.1 Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.
6.2 There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
6.3 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
- profits, sales, business, or revenue;
- business interruption;
- anticipated savings;
- business opportunity, goodwill or reputation;
- use of, or corruption to information; or
6.4 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
- use of, or inability to use, our Site;
- use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
- theft, destruction of information or someone getting access to our records, programs or services without our permission; or
- goods, products, services or information received through or advertised on any website which we link to from our Site.
7.1 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
7.2 Any formal legal notices should be sent to us using the details set out on our Site.
8. Governing Law and Jurisdiction
8.1 These conditions make up the whole agreement between you and us in how you use our Site. If a court decides that a condition is not valid, the rest of the conditions will still apply.
8.2. The laws of England and Wales apply to your use of our Site and these conditions. We control our Site from within the United Kingdom. However, you can get access to our Site from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using our Site you agree that the laws of England and Wales will apply to everything relating to you using our Site and you agree to keep to these laws. We have the right to take you to court in the country you live in.
9. Payment Terms
These payment terms govern the manner in which Jade Thunder Music (“Jade Thunder”, “the musician” or “I”) collects, uses, maintains and discloses information and payments collected from clients (each, a “Client” or “You”).
9.1 It is agreed that the fee for each engagement listed on the invoice, shall be paid using the following terms:
a) 50% of agreed rate, upfront, to secure the date of the entertainment. This will be non-refundable.
b) 50% of remaining balance will be paid on the day of entertainment.
9.2 The client and the musician agree that the equipment and instruments of the musician are not available for use by any other person(s), except by specific permission of the musician.
9.3 The client shall ensure a safe supply of electricity and the security of the musician and his/her property at the venue. The musician has all equipment fully PAT tested. Certificate available upon request.
9.4 The client shall not make or permit the making of any audio and/or visual recording or transmission of the musician’s performance without the prior written consent of the musician.
9.5 This agreement may not be modified or cancelled except by mutual consent, in writing/email, signed by both parties.
9.6 Any rider attached hereto and signed by both parties shall be deemed incorporated into this Agreement.
9.7 Jade Thunder is insured personally in respect of legal liability that may arise following injury or damage to members of the public. The limit of indemnity is £10m. This policy is only operative whilst the individual registered member is performing, rehearsing or auditioning either solo or as part of a group, band or orchestra and/or whilst teaching, either at the member’s own home or in a public place, including transit to and from. Certificate available upon request.
10. How to contact us
10.1 If you experience problems with our Site or would like to comment on it, please feel free to contact us by using the details set out on our Site.