BeMused Network Terms of Service
Just like performing artists, BeMused Network wears many hats in order to service our community of users.
This is a contract between you and BeMused Network, applicable when you use the BeMused Network site, services, and products. We want it to be as easy to understand as possible, and we welcome your feedback in order to improve it.
By using BeMused Network Services, you agree to become bound by all the terms and conditions of this Agreement. These are essentially our "house rules" which every host hopes their guests will follow. If you do not agree to all the terms and conditions of this Agreement, please do not use any of BeMused Network Services. It's the only way we can make sure you have a great experience with us.
As we get better at addressing our users' needs, we may have to update the terms and agreement. We have the right to change this Agreement at any time by posting a revised Agreement. Changes will become effective as soon as they are posted on be-mused.ca. Your continual use of BeMused Network after the posting of the new terms and agreement constitutes your acceptance of the new terms and agreement.
Access and Changes to Our Services
Registered users of BeMused Network must be 14 years old or older. Access to BeMused Network is a privilege and not a right, and access can be revoked at any time in our sole discretion. Revoked or restricted access to BeMused Network does not relief you of any prior obligations.
Our services are available and provided on an "as is" and "as available" basis. BeMused Network makes no representations or warranties of any kind with respect to BeMused Network Services. BeMused Network also makes no representations or warranties of any kind with respect to content supplied by our users.
In general terms, we ask that you do not attempt to break our systems or cause us to be unable to provide BeMused Network as a service. Please do not attempt to break or circumvent our security or authentication technologies. Please do not access or search BeMused Network using means beyond the interface that we provide. Don't attack or burden our systems. Don't scrape BeMused Network or our content.
Do not use BeMused Network to transmit false information, or violate intellectual property or personal privacy rights of others. Do not post content that violates, or otherwise use your account in ways that violate any Canadian law and/or the BeMused Editorial Policy.
Account and Authorisation Services
Ownership and Licensing of Intellectual Property
You retain ownership of all copyrights and any other intellectual property rights in the content that you submit to BeMused Network. By furnishing your User Content to BeMused Network, you give BeMused Network a non-exclusive worldwide, royalty-free, sublicensable, transferable license to utilize all copyright rights now in existence or that may arise in the future with respect to your User Content, in any medium that now exists or may arise in the future, as well as to do anything else that is reasonably appropriate to our service and its use of your User Content. The license has no restriction as to the medium, dissemination method, type of Service we may offer, or the type of systems or products that may be used in conjunction with your User Content.
This license shall remain in effect for so long as your User Content is available on BeMused Network. You are free to remove or delete your User Content at any time, in which case this license shall not terminate. You understand and agree, however, that BeMused Network may retain, but not display or distribute, server copies of your User Content.
You represent that you have all of the necessary rights to grant this license to BeMused Network for all User Content you submit. You agree that you hold full responsibility to any copyright infringement that you knowingly or unknowingly incurred. We will deal with copyright infringement on BeMused Network Services in accordance with the Copyright Act in Canada. Please see our Editorial Policy for more details.
If you believe that any content on BeMused Network has been published in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide BeMused Network with:a. Your address, telephone number, and email address; b. A description of the copyrighted work or other intellectual property that you claim has been infringed; c. Links to where the allegedly infringing material is located on BeMused Network; d. A statement by you that the disputed use is not authorized by the copyright owner, its agent, or the law; e. A statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf;
Selling and Refunding Tickets
Note that when you sell your tickets through our Services, we do not collect taxes on your behalf. The reporting of your sales to the tax authorities and payment of all applicable taxes are your responsibility.
To insure patrons' satisfaction, we apply the following refund policies to all tickets sold with us:
• Tickets are transferable, except where such a transfer would negatively impact the performance experience
• Tickets are refundable upon customer request, up until 3 hours before the scheduled start of the Performance. Refund requests will be processed for you by BeMused Network.
• Each refunded ticket will incur a $5 processing fee.
• When you list an event, you will indicate whether you wish to pay the refund fee, which will then be paid to BeMused Network out of the sales total BeMused Network has collected for you. If this balance is insufficient to cover the fees, you will pay the difference to BeMused Network within two weeks of the date of the performance.
BeMused Network generates sales reports for you based on the sales activity data collected by our servers. You agree that if there is a discrepancy between a report and the server data, our server data will take precedence.
In cases where we discover the discrepancy caused us to pay you less than what you were owed, we will issue you a payment for the difference within 30 days of our discovery of the error. If the error caused us to overpay you, we will notify you in writing of the discrepancy. You agree to repay the excess to us within 30 days of receiving our notice and/or agree to us automatically deducting it from any balance owed to you, whichever is earlier.
You agree that you will never hold BeMused Network responsible for any form of losses should the ticketing sale systems not perform as intended. Please read more about liability in our Limitation of Liability section of this agreement.
Buying Tickets and Getting a Refund
When you buy tickets for an event listed on be-mused.ca, you are agreeing to the terms and conditions set by the organizers and/or the venue hosting the event. You understand that any disputes relating to the event would be resolved between you and the organizers and/or the venue. BeMused does not make any guarantees or representations of the event for which tickets are sold, and does not issue any ticket refunds or exchanges past 3 hours before advertised event start time. For example, if event start time is 8pm, the deadline to ask for a refund is 7pm on the same day.
Can't make it to the show? You can still support your favourite artist by gifting the ticket to a friend - or even ask us to give the ticket away to a stranger, Secret Santa-style. If you'd rather get a refund, no sweat: Contact us at least 1 hour before the event start time and we'll refund your purchase. To cover our processing costs we must charge a $5 fee on all refunds. For example, if you purchased 4 tickets for $80 ($20 per ticket), we will refund you $75 ($80 - $5).
Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEMUSED NETWORK NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE BEMUSED NETWORK SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING BEMUSED NETWORK SERVICES ; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BEMUSED NETWORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER EVEN IF AND WHEN A REMEDY SET FORTH IN THIS AGREEMENT HAS FAILED ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BEMUSED NETWORK AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, OR FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (CAN $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION/LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree that you will resolve with BeMused Network any claim or controversy at law or equity that arises out of this Agreement or BeMused Network Services in accordance with this Section or as you and BeMused Network otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
This Agreement shall be governed in all respects by the laws of Canada without regard to its conflict of laws provisions.
Updated November 17, 2013.