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Last modified on 30-03-2020

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. Askasong: Askasong 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 Askasong 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 Askasong.
5. Agreement: The agreement between Askasong and the Artist.
6. Website: The website of Askasong: 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 Askasong.
2. All natural persons and legal entities engaged by Askasong, who are involved in any way with the work of Askasong, 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 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 Askasong 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 Askasong enables the Artist to start his/her own livestream or live performance and receive donations.
2. The Service of Askasong enables the Artist to publish a public page on which visitors can request a song to play.
3. At some point in the future the option to tip the Artist might be included. This will then be explicitly indicated. Only transaction costs are deducted.

Article 4 Agreement
1. The Agreement is established by acceptance of the Service by the Artist.
2. Askasong only has a best efforts obligation and gives no guarantees to achieve an intended result.
3. Askasong 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, Askasong 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.

Article 6 Liability and responsibility
1. Much care is paid to the quality of the Service. However, Askasong 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. Askasong 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 came directly or indirectly from the Service.
4. All claims of the Artist concerning failure of Askasong lapse if they are not disclosed in writing and clearly substantiated to Askasong within two months after delivery of the Service. 5. 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 Askasong.
2. Artist data can be used by Askasong in accordance with applicable laws and regulations for purposes of direct marketing and commercial purposes.
3. Askasong 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, Askasong refers to the privacy statement and cookie statement of Askasong, 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.