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Last modified on 25-09-2020

General Terms and Conditions Askasong

Article 1 Definitions
1. In these General Terms and Conditions the following terms are used with the following meaning, unless explicitly stated otherwise or if the context proves otherwise:
1. General Terms and Conditions: These general terms and conditions.
2. Ask-a-song: Ask-a-song is a service with the aim of helping Artists digitally to achieve more interactivity with their audience. Located at Zoetermeer in The Netherlands, registered with the Chamber of Commerce under number: 27364338.
3. Service: All products and / or services delivered by Ask-a-song to the Artist.
4. Artist: The natural person or legal entity or representative of a natural person or legal entity who has given accord for the Service and thereby entered into an Agreement with Ask-a-song.
5. Agreement: The agreement between Ask-a-song and the Artist.
6. Website: The website of Ask-a-song: Askasong.com.
7. Account: The profile created by the Artist on the Website.

Article 2 Applicability of these General Terms and Conditions
1. The General Terms and Conditions apply to all Agreements and Services of Ask-a-song.
2. All natural persons and legal entities engaged by Ask-a-song, who are involved in any way with the work of Ask-a-song, can appeal to the General Terms and Conditions.
3. The most recent version of the General Terms and Conditions is applicable. The most recent version can be found on the Website. Artist must therefore regularly review the General Terms and Conditions.
4. Deviations from the General Terms and Conditions are only valid if they have been agreed explicitly by both parties.
5. In the event of a lack of clarity or conflict about a provision or agreement between Ask-a-song and Artist, this must be explained in the spirit of these General Terms and Conditions. This explanation is also used when the relevant situation is not specifically regulated within these General Terms and Conditions.
6. The applicability of any conditions from or by Artist is explicitly rejected.

Article 3 Service
1. The Service of Ask-a-song enables the Artist to start his/her own livestream to broadcast a performance and receive donations that will benefit the Red Cross.
2. The Service of Ask-a-song enables the Artist to publish a public page on which visitors can request a song to play.

Article 4 Agreement
1. The Agreement is established by acceptance of the Service by the Artist.
2. Ask-a-song only has a best efforts obligation and gives no guarantees to achieve an intended result.
3. Ask-a-song may prematurely terminate or change the Agreement if there are circumstances that make it impossible to implement the Agreement or if Artist acts contrary to the General Terms and Conditions.
4. If Artist acts contrary to the Agreement or General Terms and Conditions, Ask-a-song is entitled to compensation. In such a case, the Artist is not entitled to compensation.
5. By deleting his Account the Artist terminates the Agreement.

Article 5 Pricing
1. The Service is free of charge.
2. Askasong also offers paid versions with additional features.
3. Users can donate during livestreams using iDeal, PayPal or credit card.

Article 6 Liability and responsibility
1. Much care is paid to the quality of the Service. However, Ask-a-song can not be held responsible or liable for the consequences of usage by the Service of the Artist.
2. Artist is fully responsible for any use of the Service.
3. Artist is only allowed to share content for which he has the necessary rights. Artist is not allowed to stream or upload content containing copyrighted music unless Artist has the appropriate rights or permission to share such music on Ask-a-song. Artist is responsible and liable for all consequences if he shares content for which he does not have the necessary rights.
4. Ask-a-song is never liable for damage that the Artist has caused to himself or to third parties during the performance of acts, rights or duties that are came directly or indirectly from the Service.
5. All claims of the Artist concerning failure of Ask-a-song lapse if they are not disclosed in writing and clearly substantiated to Ask-a-song within two months after delivery of the Service.
6. The Artist is responsible and liable for the application and use of the Service.

Article 7 Data
1. Artist data will be treated confidentially by Ask-a-song.
2. Artist data can be used by Ask-a-song in accordance with applicable laws and regulations for purposes of direct marketing and commercial purposes.
3. Ask-a-song and Artist mutually commit themselves to confidentiality of confidential information obtained in the context of the activities of each other or from another source. Information is considered confidential if this has been reported by the other party or if this results from the nature of the information.
4. With regard to the personal data of the Artist, Ask-a-song refers to the privacy statement of Ask-a-song, which can be found on the Website.

Article 8 Intellectual property
1. All intellectual property rights are exclusively held by Askasong. 

Article 9 Applicable law and competent court
1. Dutch law applies to every Agreement between Askasong and the Artist.
2. Any disputes that may arise between the parties will only be adjudicated by the competent court in the Netherlands within whose jurisdiction the location of Askasong is located.

Article 10 Contact Askasong
1. Complaints about the service can be reported to:
Askasong
info@askasong.com

2. Complaints are handled by Askasong within 30 days. If handling of a complaint within the period of 30 days is unfortunately not possible, the Artist will be informed about the delay.