Terms of Use
Draft. This document has not been legally reviewed and is not binding.
1. Introduction and acceptance
The Soundcheck website (the "Site" or the "Platform") is operated by [operator name, company or business number, address] (the "Operator").
Using the Site, including browsing, signing up, creating a profile and sending booking requests, means you accept these terms. If you do not accept them, please do not use the Site.
The Hebrew version of these terms is the binding version. This English text is a translation provided for convenience.
2. Definitions
"Artist" - an individual or act that offers live performances and has a profile on the Site.
"Venue" - a club, bar, stage, hall or any other party looking for artists to perform.
"User" - anyone who browses or is registered on the Site, including Artists and Venues.
"Booking Request" - a request sent by a Venue to an Artist through the Site, with a proposed date, hours and budget.
"Engagement" - any agreement, written or oral, between an Artist and a Venue regarding a performance.
3. Nature of the service - an introduction platform only
The Site lets Venues find Artists and send them Booking Requests, and lets Artists present a profile and receive requests. That is the entire service.
The Operator is not an agent, manager, producer, employer, broker or representative of any Artist or Venue, and is not a party to any Engagement between them.
Accepting a Booking Request on the Site lets the two sides contact each other directly. The Engagement itself, including its terms, price, dates, performance and cancellation, is agreed and carried out between the Artist and the Venue only, outside the Site and at their sole responsibility.
The Operator recommends putting every Engagement in writing.
4. Payments between Artist and Venue
Any payment for a performance goes directly between the Venue and the Artist. The Operator does not collect, hold, transfer or guarantee such payments, and takes no commission on them.
Invoices, taxes, withholdings and any other mandatory payment are the sole responsibility of the parties to the Engagement.
5. User responsibility
Each User is responsible for checking the identity, skills, experience and suitability of the other side.
Licences, permits, royalties (including to ACUM and other rights organisations), insurance, safety, noise limits and compliance with any law are the responsibility of the Artist and the Venue, as applicable.
The Operator does not check or verify information provided by Users, unless expressly stated otherwise.
6. User account
Sign-up is open to anyone aged 18 or over, or to a company through an authorised person.
You agree to provide accurate, up to date details and to keep your login details confidential. You are responsible for any activity in your account.
A User's contact details are revealed to the other side only after a Booking Request is accepted.
7. Profiles and user content
You are solely responsible for content you upload to the Site, including text, photos and links to video and audio, and you confirm that you own the rights to it or are allowed to use it.
You grant the Operator a non-exclusive, royalty-free licence to display the content on the Site and in materials promoting the Site, for as long as your account is active.
Do not upload misleading, offensive, infringing or illegal content. The Operator may remove such content at its discretion.
If you believe content on the Site infringes your rights, contact the Operator at [email address] and the request will be handled promptly.
8. Ratings
A rating is possible only after an accepted Booking Request whose performance date has passed, and within 14 days of that date.
The ratings of both sides are published together, or at the end of the 14 days if only one side rated.
Ratings, including the "paid on time" score, reflect the opinion of the raters only. The Operator does not verify them and is not responsible for their content.
Do not post a false, misleading or offensive rating, or a rating given in exchange for a benefit. The Operator may remove such ratings.
9. Venue subscription and payment to the Operator
For Artists, use of the Site is free of charge.
Sending Booking Requests and receiving contact details require a paid subscription, according to the plans and prices published on the Site. Prices do not include VAT unless stated otherwise.
The subscription renews at the end of each billing period until cancelled. A reminder is sent before an annual subscription renews.
You may cancel at any time through your account. Cancellation takes effect at the end of the paid billing period. [Cancellation of a transaction and refunds - according to the Israeli Consumer Protection Law, 1981, where applicable. Final wording by a lawyer.]
The Operator may change prices and plan contents with 30 days' notice. The change applies from the next billing period.
10. Prohibited use
Do not bypass plan limits, including by opening additional accounts.
Do not collect information from the Site by automated means, and do not use contact details obtained through the Site for anything unrelated to a performance.
Do not impersonate others, harass Users or use the Site for any illegal purpose.
11. Limitation of liability
The service is provided as is. The Operator does not promise that Booking Requests will be answered, that performances will take place, that payments will be made, or that the Site will run without faults or interruptions.
The Operator is not liable for any damage arising from an Engagement between Users or from the lack of one, including a cancelled performance, non-payment or late payment, the quality of a performance, the condition of a venue and its equipment, or any representation made by a User.
In any case, the Operator's liability to a User will not exceed the subscription fees that User paid to the Operator in the 12 months before the event giving rise to the claim. [For legal review: validity towards consumers.]
12. Indemnity
You will indemnify the Operator for any damage or expense caused to the Operator by your breach of these terms, or by an Engagement between you and another User.
13. Suspension and account closure
The Operator may suspend or close an account that breached these terms. You may close your account at any time.
Published ratings may remain on the Site after an account is closed, without identifying details that are not needed. [For legal review.]
14. Privacy
Personal information is used according to the Site's privacy policy and the Israeli Protection of Privacy Law, 1981. [Separate privacy policy - not written yet.]
15. Changes to these terms
The Operator may update these terms. Notice of a material change will be posted on the Site or sent by email. Continuing to use the Site after the update means you accept the updated terms.
16. Governing law and jurisdiction
These terms are governed by the laws of the State of Israel. The competent courts of the Tel Aviv-Jaffa district have exclusive jurisdiction. [For legal review: applicability to consumers.]
17. Contact
Questions and requests: [email address].