General Music Chat

Here is the email letter I sent to BandVista . . . read it and don't make the same mistake I have!


I am emailing you again in case you conveniently miss the other emails.
I've been a Platimun member for years, had numerous problems with Bandvista, but this takes the cake!
I get 800 - 1000 hits a month after spending time & money in promoting my website.
Have set up an mp3 store and now find that you can right click the play button and save the mp3 as a target/link for free!

Have you any idea the revenue you have cost me? Who's going to reimburse the people who bought mp3's that now want a refund because everyone else got them for free? What about all the sales I lost because of this oversight? You have cost me a substantial amount of money, time, and worse my integrity is at stake!

oh yea I'm the idiot

Here is the email letter I sent to BandVista . . . read it and don't make the same mistake I have!


I am emailing you again in case you conveniently miss the other emails.
I've been a Platimun member for years, had numerous problems with Bandvista, but this takes the cake!
I get 800 - 1000 hits a month after spending time & money in promoting my website.
Have set up an mp3 store and now find that you can right click the play button and save the mp3 as a target/link for free!

Have you any idea the revenue you have cost me? Who's going to reimburse the people who bought mp3's that now want a refund because everyone else got them for free? What about all the sales I lost because of this oversight? You have cost me a substantial amount of money, time, and worse my integrity is at stake!

oh yea I'm the idiot

Make that f**k IDIOT . . now is not the time for being cute you stupid f**k.

***My Post was not meant to go out to the unintelligent and apatheic.

go hang

ETU, I feel bad for you because you are absolutely right. But,,,,

Before you take out your frustrations on JC and call him an idiot,

Understand with a little laptop I can take anything, including dvds down.

JC is correct in that if I download your song and try to re sell it.
The internet is basically total public domain. If you see it you can record it.

If you want to protect yourself against stuff like this you have to realize the digital age we are in.

Even up here,, if I put up some thing that someone wants to download to their computer,,,, That is just an honor.

Sorry for your experience.

:lol:

go hang

Sad . . . now You & I have a problem
One I will not forget.

ETU, I feel bad for you because you are absolutely right. But,,,,

Before you take out your frustrations on JC and call him an idiot,

Understand with a little laptop I can take anything, including dvds down.

JC is correct in that if I download your song and try to re sell it.
The internet is basically total public domain. If you see it you can record it.

If you want to protect yourself against stuff like this you have to realize the digital age we are in.

Even up here,, if I put up some thing that someone wants to download to their computer,,,, That is just an honor.

Sorry for your experience.

I'll keep you guys posted on this, I have a lawyer on it right now

I believe the words "public domain" will eventually bite many people in the ass.

My thought . . . after long discussion with my band mates in relation to CD's vs electronic sales.

I have concluded that though more costly implement, hard copy sales is imminently safer.

I'm truly sorry you had issues with Bandvista.

Would seem that you became a platinum member about the time I decided it was a waste of time.

Of course our situations differ.

I wish you the best in regaining what you believe is rightfully yours, though I feel the loss is irrevocable.

:lol:

go hang

Sad . . . now You & I have a problem
One I will not forget.

oooooooooooooo scary

going to send lucifer to haunt me?
dose he take orders from you?
nnaaaaa why would take orders from a fool

ETU, I feel bad for you because you are absolutely right. But,,,,

Before you take out your frustrations on JC and call him an idiot,

Understand with a little laptop I can take anything, including dvds down.

JC is correct in that if I download your song and try to re sell it.
The internet is basically total public domain. If you see it you can record it.

If you want to protect yourself against stuff like this you have to realize the digital age we are in.

Even up here,, if I put up some thing that someone wants to download to their computer,,,, That is just an honor.

Sorry for your experience.

I'll keep you guys posted on this, I have a lawyer on it right now

oh were all on pins and needles

ETU, I feel bad for you because you are absolutely right. But,,,,

Before you take out your frustrations on JC and call him an idiot,

Understand with a little laptop I can take anything, including dvds down.

JC is correct in that if I download your song and try to re sell it.
The internet is basically total public domain. If you see it you can record it.

If you want to protect yourself against stuff like this you have to realize the digital age we are in.

Even up here,, if I put up some thing that someone wants to download to their computer,,,, That is just an honor.

Sorry for your experience.

I'll keep you guys posted on this, I have a lawyer on it right now

oh were all on pins and needles

We all pick & choose our battles . . . you chose the wrong opponent and wrong battle.

I believe the words "public domain" will eventually bite many people in the ass.

My thought . . . after long discussion with my band mates in relation to CD's vs electronic sales.

I have concluded that though more costly implement, hard copy sales is imminently safer.

I'm truly sorry you had issues with Bandvista.

Would seem that you became a platinum member about the time I decided it was a waste of time.

Of course our situations differ.




I wish you the best in regaining what you believe is rightfully yours, though I feel the loss is irrevocable.

Sans, the general thought is that you never put a full copy up.
If you are using it as advertising,, you never put a full copy up.
If you put anything up it can be copied. I did not allow download when you posted that last song of yours. I was hoping you wouldn't get pissed because it is so easy to rip ANYTHING.

Who was that bass player that got so ticked off because I proved that to him. Nice guy, cool player, but he just didn't understand the internet.


ETU, I'm with Sans,,, I wish you the best.

I believe the words "public domain" will eventually bite many people in the ass.

My thought . . . after long discussion with my band mates in relation to CD's vs electronic sales.

I have concluded that though more costly implement, hard copy sales is imminently safer.

I'm truly sorry you had issues with Bandvista.

Would seem that you became a platinum member about the time I decided it was a waste of time.

Of course our situations differ.




I wish you the best in regaining what you believe is rightfully yours, though I feel the loss is irrevocable.

Sans, the general thought is that you never put a full copy up.
If you are using it as advertising,, you never put a full copy up.
If you put anything up it can be copied. I did not allow download when you posted that last song of yours. I was hoping you wouldn't get pissed because it is so easy to rip ANYTHING.

Who was that bass player that got so ticked off because I proved that to him. Nice guy, cool player, but he just didn't understand the internet.

ETU, I'm with Sans,,, I wish you the best.

I look forward to any & all input, and greatly appreciate it (Glenns/Sans) but I'm in no mood for smart ass, religious faggotry (JC)

ETU, I feel bad for you because you are absolutely right. But,,,,

Before you take out your frustrations on JC and call him an idiot,

Understand with a little laptop I can take anything, including dvds down.

JC is correct in that if I download your song and try to re sell it.
The internet is basically total public domain. If you see it you can record it.

If you want to protect yourself against stuff like this you have to realize the digital age we are in.

Even up here,, if I put up some thing that someone wants to download to their computer,,,, That is just an honor.

Sorry for your experience.

I'll keep you guys posted on this, I have a lawyer on it right now

oh were all on pins and needles

We all pick & choose our battles . . . you chose the wrong opponent and wrong battle.

What draws you to make such immature and derogatory statements? Are you an infant? Have you ever made more than $1000 in one year as a musician?
Does god prompt you to such activity?
Maryland? Hmmm . . . you may be TOO easy to find.

You now have a problem

The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

maybe you should go the route of Led Zeppelin and the Beatles and don't sell digital music..

Dane, I'm not a band Just an independent composer who offers his music to the public. I've been a professional musician for 30 years and never had any problem quite like this!

Obviously I'm finished with BandVista, I have my lawyer on it already.
Between 800 - 1000 hits a month for two years, there's considerable money that has been lost because of their negligence.

Any suggestions by anyone would be appreciated!

thanks
EM

I wish you lot's of luck and a really good lawyer!

The part about "irrevocable and perpetual" license to display one's content seems a bit too much.

Looks like they have tried their best to avoid any responsibility for anything in their terms:
"By posting Content to any public area of Bandvista's Services, you automatically grant, and you represent and warrant that you have the right to grant, to Bandvista an irrevocable, perpetual, non-exclusive license to display such information and content through the Bandvista Services."

"You acknowledge and agree that the Services are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Services or any Services related to the Services are expressly disclaimed to the fullest extent permitted by law."

"The Site and the Service are provided "AS-IS" and Bandvista expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bandvista cannot guarantee and does not promise any specific results from use of the Site and/or the Services."

" Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Bandvista be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Services, even if Bandvista has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Bandvista's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bandvista for the Services during the term of membership."

"Indemnity. You agree to indemnify and hold Bandvista, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above."

"Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You
agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, City of Knoxville."

Vinny , under contract law, there are certain elements that render the aforementioned disclaimer as insufficient, and I do believe that ETU has a case.
Under the Law, the service provider has a duty to represent 'equal consideration' in its contract agreement with a customer. There are numerous elements which must pass the litmus test for this online agreement to be binding. Since the site is acting as a principle agent/ broker between buyer and seller of music. There are additional laws that require equitable responsibility from the site. I'd say , based on ETU's description, the site has not fulfilled its end of the agreement. ETU has a case but It will take a lawyer. The biggest challenge might be proving a precise amount of damage. And...there is the possibility that the case transforms into a class action suit (A suit in which only the attorneys benefit) .

The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

maybe you should go the route of Led Zeppelin and the Beatles and don't sell digital music..

Dane, I'm not a band Just an independent composer who offers his music to the public. I've been a professional musician for 30 years and never had any problem quite like this!

Obviously I'm finished with BandVista, I have my lawyer on it already.
Between 800 - 1000 hits a month for two years, there's considerable money that has been lost because of their negligence.

Any suggestions by anyone would be appreciated!

thanks
EM

I wish you lot's of luck and a really good lawyer!

The part about "irrevocable and perpetual" license to display one's content seems a bit too much.

Looks like they have tried their best to avoid any responsibility for anything in their terms:
"By posting Content to any public area of Bandvista's Services, you automatically grant, and you represent and warrant that you have the right to grant, to Bandvista an irrevocable, perpetual, non-exclusive license to display such information and content through the Bandvista Services."

"You acknowledge and agree that the Services are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Services or any Services related to the Services are expressly disclaimed to the fullest extent permitted by law."

"The Site and the Service are provided "AS-IS" and Bandvista expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bandvista cannot guarantee and does not promise any specific results from use of the Site and/or the Services."

" Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Bandvista be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Services, even if Bandvista has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Bandvista's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bandvista for the Services during the term of membership."

"Indemnity. You agree to indemnify and hold Bandvista, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above."

"Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You
agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, City of Knoxville."

Vinny , under contract law, there are certain elements that render the aforementioned disclaimer as insufficient, and I do believe that ETU has a case.
Under the Law, the service provider has a duty to represent 'equal consideration' in its contract agreement with a customer. There are numerous elements which must pass the litmus test for this online agreement to be binding. Since the site is acting as a principle agent/ broker between buyer and seller of music. There are additional laws that require equitable responsibility from the site. I'd say , based on ETU's description, the site has not fulfilled its end of the agreement. ETU has a case but It will take a lawyer. The biggest challenge might be proving a precise amount of damage. And...there is the possibility that the case transforms into a class action suit (A suit in which only the attorneys benefit) .

Thanks PD! I have a lawyer looking into it, I think this is wrong as well and something should be done. I'll certainly keep everyone posted (JC pissoff).