Updated and effective as of: 09 December 2021
Artikel 1. Using TAPSODY for the first time
1.1. Before you can use TAPSODY, you need to register an account through the registration form available in the application. Alternatively, you can use an existing third-party account, such as your Google or Facebook account.
1.2. Your account (or the third-party account used in connection with TAPSODY) is protected with login credentials, such as a username and password. It is important that you keep these credentials strictly confidential. BAND-ADE B.V. may assume that all actions undertaken from your account after logging in with the login credentials are authorized and supervised by you. This means that you are solely responsible and liable for these actions.
1.3. If you accidentally share your login credentials with someone else, or if you suspect that someone else has obtained access to your account, you are obliged to immediately take action to prevent abuse. If you created a dedicated account for TAPSODY, you can easily change your password via the account settings in the application. If you use TAPSODY through a third-party account, please consult the manual or helpdesk of the relevant service provider.
1.4. When you use TAPSODY, BAND-ADE B.V. will process certain personal data that you provide. More information about the personal data processed by BAND-ADE B.V. can be found at www.tapsody.app/privacy-policy.
Artikel 2. Things that are not allowed when using TAPSODY
2.1. TAPSODY is committed to providing a social, open, and inclusive platform for artists, venues, and fans. We expect all our users to adhere to the following rules of use.
a. Don’t break the law. It is not permitted to use TAPSODY for any purpose that violates applicable laws and regulations. Don’t violate any laws and don’t publish or refer to information that may assist others in violating the law (for example by linking to hacking tools or tutorials on committing computer crime).
b. Respect the rights of others. It is forbidden to use TAPSODY in any manner that violates the rights of others, including their privacy and intellectual property rights. Don’t publish or refer to information (for example through hyperlinks) that violates third-party rights.
c. Don’t impersonate others. It is not allowed to create an account under somebody else’s name. You are not allowed to pretend to be another person or artist when you are using TAPSODY. Furthermore, you are not allowed to pretend to represent a venue you are not affiliated with.
d. Be decent. We expect all our users to adhere to the Nettiquette Guidelines which can be found on this website. Please don’t publish or refer to information (for example through hyperlinks) that is slanderous, hateful, deceptive, pornographic, libelous, or racist.
e. Don’t spam. It is forbidden to use TAPSODY to distribute unsolicited or unauthorized messages, including but not limited to advertisements, chain messages, junk mail, or spam.
f. Stay on topic. TAPSODY is a place that brings together artists, venues, and fans based on their shared interest in music and live performances. Don’t use TAPSODY to publish or refer to unrelated information (for example through hyperlinks).
2.2. Should BAND-ADE B.V. discover that you violate any of the rules described above, or receive a complaint from a third party in this regard, BAND-ADE B.V. will issue a warning and provide you with a reasonable opportunity to take action. If this does not lead to an acceptable solution within a reasonable period of time, BAND-ADE B.V. may intervene. This may result in the deletion of certain content or information from TAPSODY, a temporary lock on your account, or deletion of your account. In urgent cases, BAND-ADE B.V. may intervene without issuing a warning. BAND-ADE B.V. is not liable for any damages you suffer as a result.
Artikel 3. Creating events as a venue
3.1. If you are using TAPSODY as a venue, you can easily plan a new event via the “Create event” button in TAPSODY.
3.2. When you plan an event, you can specify a minimum number of fans required to go through with the event. BAND-ADE B.V. reserves the right to limit the maximum number of fans you can require depending on the size of your venue. Additionally, if you do not wish to require any fans, this option is available too.
3.3. When you create a new event via TAPSODY, you will have to set an expiration date by which the minimum number of fans must be reached by the artist in order to go through with the event. If the minimum number of fans has not been reached before the expiration date, you will have the option to cancel the event.
3.4. If the minimum number of fans has been reached in time, you confirm within 3 days that you will go through with the event. If you do not confirm the event within the aforementioned period, the event will automatically be canceled.
Artikel 4. Supporting events as a fan
4.1. If you are using TAPSODY as a fan, you can indicate that you are planning to go to an event via the “Attend” button in TAPSODY. The artist may request a donation in advance to make the event possible. If this is the case, you can make a donation via the “Support” button.
4.2. By making a donation, you contribute to the organization of a cultural event that might not have been possible without your help. Your donation provides financial security and demonstrates to the artist and the venue that you intend to go to the event. This enables venues to offer a stage to lesser-known artists and upcoming talent.
4.3. Making a donation is completely voluntary and does not automatically entitle you to attend the event. You may still need to purchase an admission ticket, depending on the event for which you make a donation.
4.4. If you make a donation for an event and the event is canceled by the venue, your donation will automatically be refunded on the bank account or credit card used to make the initial payment. Any applicable service fees will explicitly not be refunded. These service fees will be communicated before you make a donation via TAPSODY.
4.5. The venue may impose supplementary conditions for the event, such as age restrictions or admission fees (please see article 4.3 as well). If this is the case, these conditions can be found on the event page in TAPSODY. You are responsible to familiarize yourself with these conditions before you make a donation or decide to go to the event. TAPSODY cannot accept liability for any damages you may suffer as a result of non-compliance with such supplementary conditions.
Artikel 5. Applying to events as an artist
5.1. If you are using TAPSODY as an artist, you can indicate that you are interested in performing at a certain event via the “Apply” button in TAPSODY.
5.2. When you submit an application, and your application is accepted by the venue, you can specify under which conditions you are willing to perform at the event through the notifications feature in the app. Your application will automatically be forwarded by BAND-ADE B.V. to the venue.
5.3. Your application is a legally binding offer to perform at the event under the conditions specified in the application. As long as your offer has not been accepted, you can revoke your offer via the TAPSODY app.
5.4. The venue has the right to decide whether it accepts your application or not. If the venue accepts your application, this constitutes a direct agreement between you and the venue. TAPSODY is not a party to this agreement and is not responsible for the correct and timely performance thereof.
5.5. If your application is accepted by the venue, the venue is obliged to directly pay the artist fee agreed upon. The payment service provider engaged by BAND-ADE B.V. will keep the payment escrow until the event has taken place.
Artikel 6. Booking artists as a venue
6.1. If you use TAPSODY as a venue, you can request an artist to perform on a certain event via the “Book” button in TAPSODY.
6.2. When you submit a booking request, you must specify under which conditions you are willing to book the artist. Your request will automatically be forwarded by BAND-ADE B.V. to the artist.
6.3. Your request constitutes a legally binding offer to book the artist under the conditions specified in the booking request. As long as your offer has not been accepted, you can revoke your booking request via the TAPSODY app.
6.4. The artist will decide whether he/she accepts your booking request or not. If the artist accepts the request, this constitutes a direct agreement between you and the artist. TAPSODY is not a party to this agreement and is not responsible for the correct and timely performance thereof.
Artikel 7. Confirming booking requests as an artist
7.1. When you use TAPSODY as an artist, venues can send you a direct request to perform at a certain event. Every booking request will contain details about the event and the applicable conditions, such as the date of the event and the available artist fee.
7.2. You can accept the booking request via the “Confirm” button in TAPSODY. The venue has the right to revoke the booking request as long as it has not been confirmed by you.
7.3. When you confirm the booking as an artist, the venue will receive a request to pay the agreed-upon artist fee. As soon as the payment has been made, you will receive a booking confirmation via the TAPSODY App.
7.4. The booking constitutes a direct agreement between you and the venue. TAPSODY is not a party to this agreement and is not responsible for the correct and timely performance thereof.
7.5. The payment service provider engaged by BAND-ADE B.V. will keep the payment escrow until the event has taken place.
Artikel 8. Booking cancellation
8.1. If you are using TAPSODY as a venue and decide to cancel a booking that has already been confirmed by the artist, you will owe compensation to the artist in accordance with the overview below:
a. Cancellation less than 1 week prior to the event: 100 percent of the artist fee agreed upon between you and the artist.
b. Cancellation 1 to 2 weeks prior to the event: 50 percent of the artist fee agreed upon between you and the artist.
c. Cancellation 2 to 4 weeks prior to the event: 25 percent of the artist fee agreed upon between you and the artist.
d. Cancellation more than 4 weeks prior to the event: 0 percent of the artist fee agreed upon between you and the artist.
8.3. The compensation due to the artist will be automatically settled by BAND-ADE B.V. with the amount already paid when the booking was confirmed. The remaining amount will be refunded to your venue.
8.4. If you are using TAPSODY as an artist and decide to cancel a confirmed booking, you will not receive any compensation, and the artist fee agreed upon between you and the venue will be refunded to the venue.
8.5. In case of repeated cancellations, BAND-ADE B.V. reserves the right to temporarily or indefinitely suspend or terminate your TAPSODY account.
8.6. Notwithstanding the foregoing, any service fees paid by the venue to BAND-ADE B.V. during the booking process will not be refunded to the venue, regardless of the reason for cancelation.
Artikel 9. Availability and maintenance
9.1. BAND-ADE B.V. endeavors to keep TAPSODY available as much as possible, but cannot guarantee uninterrupted availability. TAPSODY may be unavailable from time to time, for example, due to technical failures or maintenance.
9.2. BAND-ADE B.V. actively maintains TAPSODY. In case maintenance is expected to negatively impact availability, BAND-ADE B.V. will endeavor to carry out the work at times when the use of TAPSODY is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
9.3. BAND-ADE B.V. may change TAPSODY from time to time. Your feedback and suggestions are welcome but ultimately BAND-ADE B.V. decides which changes are implemented or not. BAND-ADE B.V. endeavors to announce any significant changes in the functionality of TAPSODY at least 30 days in advance.
9.4. If in the opinion of BAND-ADE B.V. nuisance, damage or other danger arises for the systems or network of BAND-ADE B.V. or third parties, for example as a result of a (d)dos attack or security breach, BAND-ADE B.V. is entitled to take all measures it deems necessary to avert this damage or danger. This may result in the temporary unavailability of TAPSODY.
Artikel 10. Support
10.1. BAND-ADE B.V. is explicitly not involved in – or responsible for – any events organized by venues that make use of TAPSODY. If you have a question or complaint regarding an event, BAND-ADE B.V. is not able to help you. You should contact the venue directly.
10.2. If you have questions about TAPSODY, we kindly ask you to first look at our overview with Frequently Asked Questions available on www.tapsody.app.
10.3. If you cannot find an answer to your question in our overview with Frequently Asked Questions, you can send an email to our support desk via firstname.lastname@example.org.
10.4. BAND-ADE B.V. endeavors to get back to you on any support requests within 5 working days. However, we may need some extra time to handle your request depending on the nature of your question.
Artikel 11. Intellectual property rights
11.1. All copyrights and other intellectual property rights pertaining to TAPSODY and any other materials made available by BAND-ADE B.V. are vested exclusively in BAND-ADE B.V. or its licensors.
11.3. You do not have the right to make changes to TAPSODY or other materials made available by BAND-ADE B.V. and are not entitled to a copy of the source code. It is prohibited to retrieve the source code by means of reverse engineering or decompilation, except in cases where this is permitted by mandatory law.
11.4. BAND-ADE B.V. may take all technical measures it deems necessary to protect TAPSODY and other materials of BAND-ADE B.V. You are not permitted to circumvent or remove any such security measures.
11.5. Information or materials you store or process using TAPSODY is and remains your property. BAND-ADE B.V. may use this information or materials for the delivery of its services. You may change or remove the information or materials at your own discretion.
11.6. In case BAND-ADE B.V. discovers your contributions on TAPSODY have been copied by third parties in combination with contributions of others, BAND-ADE B.V. is authorized to take legal action against these third parties under its own or your name. All costs shall be borne by BAND-ADE B.V. but you must offer your cooperation if necessary. The foregoing does not forbid you to publish your contributions elsewhere but is aimed at allowing BAND-ADE B.V. to act against copying of (substantially) all contributions on TAPSODY.
Artikel 12. Prices and payment
12.1. You can register an account for TAPSODY free of charge. However, the use of certain functionalities may be subject to a service fee. For example, BAND-ADE B.V. may charge a commission to venues when booking an artist. If this is the case, this will always be indicated explicitly beforehand.
12.2. Any payments made via TAPSODY are handled by a third-party payment service provider. Use of these payment services may be subject to additional terms and conditions. If this is the case, these terms and conditions will be provided to you before the actual transaction takes place. You agree to indemnify and hold BAND-ADE B.V. harmless from any third-party claims arising out of your violation of these supplementary terms and conditions.
12.3. You are responsible to ensure that the payment information entered in your account is up to date at all times. BAND-ADE is not liable for any damages you may suffer as a result of incorrect payment information in your account.
Artikel 13. Limitation of liability
13.1. Except in case of intentional misconduct or deliberate recklessness, the liability of BAND-ADE B.V. shall be limited to the amounts you paid when using TAPSODY during a period of 3 months before the damage arose.
13.2. BAND-ADE B.V. is in no event liable for indirect damage. Indirect damage means any consequential loss, loss of profits, loss of savings, loss because of business interruption, loss as a result of claims of third parties, and loss of goodwill.
13.3. If you suffer any damages, you must inform BAND-ADE B.V. as soon as possible. You can only claim damages from BAND-ADE B.V. if you report the damages within a period of 2 months after discovery.
13.4. In the case of force majeure BAND-ADE B.V. is never obliged to compensate for any damages suffered by you as a result. Force majeure is understood to include, among other things, disruptions or unavailability of the internet or the public telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, pandemics, natural disasters, interruptions in supply, fires, and floods.
13.5. If you use TAPSODY as a consumer, the limitation of liability as described in this article applies only if and insofar as this is not unreasonably burdensome.
Artikel 14. Closing your account
14.2. You can terminate the agreement with BAND-ADE B.V. at any time by closing your account. You can easily close your account by sending an email to email@example.com.
14.3. BAND-ADE B.V. reserves the right to close your account (and subsequently terminate the agreement) at any time taking into account a notice period of at least 30 days. If BAND-ADE B.V. decides to terminate the agreement, BAND-ADE B.V. will inform you of its decision via email.
14.4. BAND-ADE B.V. reserves the right to close your account (and subsequently terminate the agreement) with immediate effect if you apply for suspension of payments, are declared bankrupt, if your assets are seized, if you pass away, or in case you enter into liquidation.
14.5. Once your account is closed, you will no longer be able to access and use TAPSODY. If you want to preserve certain information and materials published via your account, you are responsible to download a copy of any such information or materials before you close your account.
Artikel 15. Changes to the Terms and Conditions of use
Artikel 16. Dispute resolution
16.1. BAND-ADE B.V. encourages you to get in touch if you have any complaints about TAPSODY before resorting to the courts. You can reach out to the BAND-ADE B.V. support team at any moment via firstname.lastname@example.org.
16.2. The agreement between you and BAND-ADE B.V. is governed by Dutch law. Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise between you and BAND-ADE B.V. which cannot be resolved amicably will be submitted to the competent Dutch court in the district where BAND-ADE B.V. is located. If you are a consumer, the foregoing does not affect the protection you enjoy under mandatory law in your place of residence.
16.3. In case of a dispute between a venue and an artist relating to an event, both parties can notify BAND-ADE B.V. within two days after the event has taken place. In such an event, BAND-ADE B.V. will keep the artist fee in escrow.
16.4. If the parties cannot find a solution within a period of 14 days after the event has taken place, BAND-ADE B.V. will assess whether or not the artist has fulfilled the agreement between the venue and the artist in a proper and timely manner. BAND-ADE B.V. may request both the artist and the venue to provide a further explanation or evidence in order to make an informed decision.
16.5. If the venue can demonstrate that the artist has not fulfilled his/her obligations under the agreement between the artist and the venue in a correct and timely manner, BAND-ADE B.V. may decide to reimburse the artist fee (in full or in part) to the venue. If this cannot be established with sufficient certainty, BAND-ADE B.V. will pay out the agreed-upon artist fee in full to the artist. This does not prevent the parties from pursuing other legal remedies against each other, for example through judicial proceedings.
Artikel 17. Other provisions
17.2. BAND-ADE B.V. reserves the right to transfer its rights and obligations under this agreement to a third party, for example in case of a merger or acquisition, without your consent or cooperation being required.
Rotterdam, the Netherlands