Please read these terms carefully before using this site:
This Web site is provided by The Tribute Man and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download information or materials from the site.
Subject to the terms and conditions set forth in this Agreement, The Tribute Man grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
THE TRIBUTE MAN authorizes you to view and download the information (“Materials”) at this Web site (“Site”) only for informational use for the purpose of evaluating services offered. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, THE TRIBUTE MAN does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE TRIBUTE MAN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE TRIBUTE MAN MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third-Party Sites As a convenience to you, THE TRIBUTE MAN may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. THE TRIBUTE MAN makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that THE TRIBUTE MAN or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of THE TRIBUTE MAN or any of its affiliates, sponsors or subsidiaries.
External Links to the Site All links to the Site must be approved in writing by THE TRIBUTE MAN, except that THE TRIBUTE MAN consents to links in which: (i) the link is a text-only link containing only the name “The Tribute Man.”; (ii) the link “points” only to www.The Tribute Man.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by THE TRIBUTE MAN nor be such as to damage or dilute the goodwill associated with the name and trademarks of THE TRIBUTE MAN or its Affiliates. THE TRIBUTE MAN reserves the right to revoke this consent to link at any time in its sole discretion.
Limitation of Damages
IN NO EVENT SHALL THE TRIBUTE MAN OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE TRIBUTE MAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TRIBUTE MAN reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
THE TRIBUTE MAN may terminate, change, suspend or discontinue any aspect of THE TRIBUTE MAN Site, including the availability of any features of the Site, or services offered at any time. THE TRIBUTE MAN may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. THE TRIBUTE MAN may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by THE TRIBUTE MAN from its offices within the United States of America. THE TRIBUTE MAN makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between THE TRIBUTE MAN and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright and Trademark Information
Unless otherwise noted, are trademarks owned or licensed by The Tribute Man and its members. All other brand names, product names, or trademarks belong to their respective holders.
Contract for Musical Services In the event you choose to hire The Tribute Man for his musical services, you hereby agree to the following terms and conditions:
The Tribute Man will be referred to herein as “Band” to musically perform at a “show” and hiring person will be referred to as “Client”
1. Place, date, and time of Performance. The parties will agree on a time and place of the performance
2. Description of Show. Show will be a musical performance with musical content decided by Band. Show will last of a minimum of 120 minutes with up to two (2), fifteen (15) minute breaks
3. Payment. Compensation for the Show will be a minimum of $100 dollars per hour or more as agreed to by the parties, payable by cashier’s check or cash, etc. (together being the “Fee”). A 20% deposit of Fee is due on the signing of this contract. This is a required condition for the contract to proceed; if a 20% deposit of Fee is not tendered upon the signing of this contract, no further obligation for either party comes due. The remaining 80% of Fee is due immediately after to Band’s Show but may be made earlier.
4. Cancellation. Cancellation may be made by Client before one month prior to the time of Show, in which case Client’s 20% deposit of Fee is non-refundable, but Client will not have to pay the remaining 80% of Fee. If Show is cancelled within one month of Show, Client must pay Band’s full Fee. Band may cancel at any time prior the event, in which case Band must refund Fee in its entirety.
5. Force Majeure. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, or illness/disability of Band, the 20% deposit of Fee is non-refundable, but no other portion of Fee is due, and the parties may negotiate a substitute Show on the same terms as this Agreement save for the time of Show, with no further deposit of Fee due, in which case a new Agreement reflecting this will be signed by the parties. No further damages may be sought for failure to perform because of force majeure.
6. Food and Drink. Client will provide Band with meals and drinks as band specifies.
7. Parking. Client will secure sufficient parking for Band’s cargo van within a reasonably convenient distance to Venue for a minimum period of 2 hours prior to the show and lasting until 1 hour after the show.
8. Sound Systems Check. A sound check conducted by Band of Venue’s sound system is required, at a time to be mutually arranged between Band and Client.
9. Security, Health, and Safety. Client warrants that Venue will be of sufficient size to safely conduct Show, that Venue is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available if foreseeably necessary. Client maintains sufficient personal injury/property insurance for Venue sufficient to cover foreseeable claims.
10. Indemnification. Client indemnifies and holds Band harmless for any claims of property damage or bodily injury caused by Show attendees.
11. Arbitration settles disputes. All claims or disputes by either party from or under this Agreement will be submitted to arbitration using the service located at URL resource locator: http://www.judge.me (the “Arbitration Service”) and according to the rules of that Arbitration Service. Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any arbitration award. Parties will be their own costs, save that any fee charged by Arbitration Service to submit the case to Arbitration Service may be recovered from the other party in an arbitration award.
12. Severability. If any portion of Agreement is in conflict with any applicable law, such portion will become inoperative, but all other portions of Agreement will remain in force.
13. Interpretation. Agreement will be interpreted according to the laws of the State of California.
14. Riders. Nothing in Agreement shall prevent any rider from being added to Agreement that is favorable to Band, as judged by Band. All riders must be in writing and signed by the party against whom enforcement is sought.
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