These are the Website terms and conditions of use ("Terms"), which apply to the use of the Website by end users. By accessing the Website you agree to be bound by these Terms. If you do not agree to these Terms then you are not entitled to enter this website.
These Terms constitute an agreement between us and contain the entire terms of your use of the Website and all matters which are referred to herein. These Terms supersede any prior written or oral agreement between us relating to such matters. We may change these Terms from time to time.
You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included in these Terms. You may only use the Website for your personal and non-commercial use.
The Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
Are you signing away any rights to your music? The only rights we explain below are the ones we need to run the service and host the music you upload to You Tube or individual sound clip uploads to sessionint.com. We are a vehicle for musicians to display their work and need your permission to host it, that is all.
If you are under the age of 18
We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register without parental consent. If you are under 18, please ensure that parental consent is attained before any further use of the site. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.
Session International does not accept responsibility for any minors using sessionint.com without the consent of a parent or guardian.
The Website is controlled and offered by us, from South Africa.
Third party links do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorized to use any intellectual property accessible through such links.
Studio Bookings, Band Bookings and Financial transactions
Here's how our booking systems work:
- Select the booking of your choice (Band or studio).
- Complete booking information.
- A message is sent to the band or studio and they are asked to confirm or decline the booking.
- Once the band or studio confirms that booking is available, the booking is final and you will receive an email - Payment will then be taken.
- If the booking is not available this time, you'll also receive an email - and have the chance to search again. No payment is taken.
- You are then put in direct contact with the band or studio.
- If you have requested a booking and the booking has been confirmed, then the booking will be treated as final.
- Please note that if there are any issues with the booking, the band or the studio you MUST tell us as soon as you can so Session International can follow up for quality control.
- A cancellation fee will be charged for cancelled bookings or refund requests.
Through sessionint.com you have the opportunity to make bookings for recording studios, book bands for events and obtain other benefits and enter into commercial transactions ("e-commerce transactions").
Please note that payment for any booking will be taken by the designated means at the time that your booking is confirmed.
What we will do
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
We will use reasonable endeavors to verify the accuracy of any information that we make available either directly or through any website partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change such as studio facilities and any equipment available.
What we can do
We can at any time:
(a) modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
(b) change these Terms from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or
(c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Your personal data
In order to use some parts of the Website, you will need to create an account. You must never use another Website user's account without obtaining their prior consent. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account, and so we suggest that you keep your account password secure. You must notify us immediately if you are aware of any unauthorized use of your account.
We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively "User Submissions").
User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.
By submitting User Submissions to the Website you hereby grant:
(a) to Session International a limited worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees BUT only for the purposes of the Session International Website and for no other purposes and please note that we are not granted any rights to exploit any User Submissions for specific commercial purposes for which will require you prior written consent; and
(b) to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website.
By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licenses relating to the User Submissions set out in this Agreement and of the User Submissions you submit:
(i) do not infringe any third party's intellectual property rights (including without limitation copyright and/or trade marks), other proprietary rights or rights of publicity or privacy; and
(ii) do not violate any law, statute, ordinance or regulation; and
(iii) are not defamatory, libelous, unlawfully threatening or unlawfully harassing; and
(iv) are not obscene or pornographic; and
(v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights.
You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
What you must not do
You must not:
(a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
(b) upload or transmit through the Website (whether by way of User Submission or otherwise)
(i) any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
(ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use the Website in a manner which
(i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or
(ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
(d) create or publish a hypertext link to any part of the Website or attempt any unauthorized access to any part or component of the Website;
(e) copy or distribute any part of the Website in any medium without our prior written consent; and
(f) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
Links to other websites
We provide links to Studios and other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
What we would like you to do
If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.
Limitation of liability
The Website is provided on an "as is" and "as available" basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) loss of data or use of data; or
(d) any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the terms by you or any other liabilities incurred by us arising out of your use of the website (including without limitation, in relation to User Submissions), or use by any other person accessing the website using your pc or internet access account.
Intellectual property and right to use
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorized by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Website for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
Except for Personal Data (as defined in our privacy statement), any information you submit to the Website, whether by way of comment room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.
By posting communications on or through the Webpages, User shall be deemed to have granted to Session International a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.