PaperDog wrote:VinnyViolin wrote:Etu Malku wrote:Dane Ellis Allen wrote:Dane, I'm not a bandEtu Malku wrote: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..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) .
No argument from me about that .... I should hope a lot of that contract is just wishful thinking on their part. I hope Etu prevails!
LOVE is the ANSWER!