You must read, agree with and accept all of the terms and conditions contained in this User Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you become a member of Entertainersrd (Resource Directory), hereinafter referred to as ERD. We strongly recommend that, after you read this User Agreement, you also access and read other pertinent pages of the ERD web site, as they may contain further terms and conditions that apply to you as an ERD 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.
1. ERD is not a booking agency.
ERD is not a booking agency or a talent representative. We do not procure employment for musicians, bands or solo performers. We are simply a web site that contains a database of theatrical artist 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 artist and the person(s) hiring the Artist are to be negotiated and agreed upon outside of this services of this site. We simply provide a medium for a hiring professional to find and contact an Artist.
1.1 No Representation
Since ERD is not a booking agency, ERD does not represent any artist, musicians, bands or solo performers on this site. All Artist including but not limited to comedian, musicians, bands and solo performers are represented by designated representatives of their choosing or represent themselves. Therefore, ERD makes no claim regarding the accuracy or authenticity of any of the information, profile descriptions, audio samples, videos, photographs, etc. regarding artist on this site. In the event disputes arise, buyers and sellers release ERD (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
We do not control the information provided by Artist, publications, sponsors, merchants or members and users that is made available through our system. As a result, we have no control over the quality, safety or legality of the items, the truth or accuracy of the listings, the ability of artists 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 provided by the members themselves, and ERD claims no accuracy or validity of said information. You may find a member's information or music to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this site, you agree to accept such risks and ERD is not responsible for the acts or omissions of users on the site.
Without limiting any other remedies, ERD may suspend or terminate your account and/or Membership if we suspect that you 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 ERD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ERD OR A ERD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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 ERD are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by ERD to collect our fees and/or recover damages for, or obtain an injunction relating to, the ERD 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 the state of Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ERD may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or ERD 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 up to $1000.00.