TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

By accessing or using the AuditionCafe.com website, mobile applications, or any associated services (collectively, the “Service”), you agree to be bound by these Terms and Conditions (“Terms”), whether or not you register as a user. AuditionCafe.com and Audition Cafe are business names used by Audition Cafe LLC (“Company,” “we,” “us,” or “our”). If you do not agree to these Terms, you must not use the Service.

2. DESCRIPTION OF SERVICE

AuditionCafe.com operates as an online platform and information aggregator for the classical music industry, providing:

  • A searchable database of musician profiles
  • Job posting services for employers
  • Application management systems
  • Aggregated audition and job information from publicly available sources
  • Premium listing and promotional services

The Service acts solely as a venue for connecting musicians and employers. We do not guarantee the accuracy, completeness, or timeliness of any information posted on the Service, whether by users or aggregated from external sources.

3. USER ACCOUNTS AND ELIGIBILITY

3.1 Age Requirements

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

3.2 Account Types

  • Musician Accounts: Free registration allowing profile creation and job applications
  • Employer Accounts: Accounts for posting jobs and accessing musician profiles
  • Premium Services: Additional paid features available to both account types

3.3 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use

We assume no liability for any loss or damage from unauthorized account access.

3.4 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

4. FEES, PAYMENTS, AND REFUNDS

4.1 Payment Terms

  • All fees are in US dollars unless otherwise specified
  • Payment is due upon purchase
  • We accept payment methods as displayed on the Service
  • You authorize us to charge your payment method for all fees incurred

4.2 Refund Policy

  • Refunds are available within one (1) year of purchase date
  • Refund requests must be submitted through our designated support channels
  • Refunds are processed at our discretion based on service satisfaction
  • No refunds are available after one year from purchase date

4.3 Price Changes

We reserve the right to modify our fees at any time. Changes will not affect active paid subscriptions until renewal.

5. USER CONTENT AND CONDUCT

5.1 User Content Rights

By posting content on the Service, you:

  • Grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content
  • Represent that you own or have the necessary rights to post the content
  • Warrant that your content does not infringe any third-party rights

5.2 Prohibited Conduct

You agree NOT to:

a) Post false, misleading, or fraudulent information b) Impersonate any person or entity c) Engage in spamming, including but not limited to:

  • Sending unsolicited messages to multiple users
  • Posting duplicate content across multiple areas
  • Using automated systems to contact users
  • Harvesting user information for unauthorized purposes d) Upload viruses or malicious code e) Violate any applicable laws or regulations f) Harass, threaten, or harm other users g) Post content that is defamatory, obscene, pornographic, or offensive h) Attempt to gain unauthorized access to any portion of the Service i) Scrape or harvest data without express written permission j) Interfere with or disrupt the Service k) Use the Service for any illegal or unauthorized purpose l) Violate any intellectual property rights m) Post advertisements or solicitations outside designated areas n) Create multiple accounts to circumvent restrictions

5.3 Content Monitoring

We reserve the right, but not the obligation, to:

  • Monitor user content and communications
  • Remove or refuse any content at our sole discretion
  • Preserve content as required by law

6. ACCOUNT TERMINATION AND SUSPENSION

6.1 Termination by Company

We reserve the absolute right to:

  • Terminate or suspend any account at any time, with or without notice
  • Refuse service to anyone for any reason
  • Remove user content without notice
  • Ban users or IP addresses from accessing the Service

Reasons for immediate termination include but are not limited to:

  • Violation of these Terms
  • Spam or abusive behavior
  • Legal requirements or law enforcement requests
  • Extended periods of inactivity
  • Non-payment of fees

6.2 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • We may delete your account and content
  • Paid fees are non-refundable except as provided in Section 4.2
  • Provisions that should survive termination will remain in effect

7. DATA AGGREGATION AND PUBLIC INFORMATION

7.1 Aggregated Content

The Service includes information aggregated from publicly available sources. We:

  • Make no warranties about the accuracy of aggregated information
  • Are not responsible for errors in third-party data
  • May modify or remove aggregated content at any time
  • Claim no ownership of third-party aggregated content

7.2 Use of Data

By using the Service, you consent to our:

  • Collection and analysis of usage data
  • Creation of anonymized and aggregated datasets
  • Use of such data for business purposes including marketing and service improvement
  • Sharing of anonymized data with third parties

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

8.1 “AS IS” SERVICE

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

8.2 NO GUARANTEE OF RESULTS

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR:

  • The accuracy, content, or availability of information found on the Service
  • Employment outcomes or hiring decisions
  • The quality or legality of jobs posted
  • The qualifications or suitability of any user
  • Errors or omissions in audition listings, job postings, or user profiles
  • Any employment relationships formed through the Service

8.3 PLATFORM DISCLAIMER

We are merely a venue and information aggregator. We are not an employer, employment agency, or recruiter. We do not:

  • Screen or verify users
  • Guarantee any employment outcomes
  • Endorse any user, employer, or opportunity
  • Participate in employment decisions

8.4 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • We are not liable for any loss of profits, data, or opportunities

8.5 USER INTERACTIONS

You assume all risk when interacting with other users. We are not responsible for:

  • User behavior or content
  • Offline interactions between users
  • Background checks or verification of user claims
  • Disputes between users

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Audition Cafe LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your content or conduct
  • Your interactions with other users
  • Your hiring or employment decisions
  • Any misrepresentation you make

10. INTELLECTUAL PROPERTY

10.1 Our Property

All Service content, features, and functionality (excluding user content) are owned by us and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our content without permission
  • Use our trademarks without authorization
  • Remove any proprietary notices

10.2 DMCA Compliance

We respect intellectual property rights. To report copyright infringement:

  • Send notice to: [email protected]
  • Include identification of the copyrighted work
  • Provide your contact information and statement of good faith

10.3 License to Access

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purposes.

11. BUSINESS TRANSFER

In the event of a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of our assets:

  • Your information and content may be transferred to the successor entity
  • The successor will assume the rights and obligations described in these Terms
  • You will be notified of any such transfer via email or prominent notice on the Service

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of Texas, without regard to conflict of law principles.

12.2 Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration under the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

12.4 Venue

Any legal proceedings shall be brought exclusively in Austin, Texas.

13. COMMUNICATIONS

13.1 Electronic Communications

By using the Service, you consent to receive electronic communications from us, including:

  • Service announcements
  • Administrative messages
  • Marketing communications (with opt-out available)
  • Newsletter subscriptions

13.2 User Communications

We may review communications sent through the Service to investigate violations of these Terms.

14. PRIVACY

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

15. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemic, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full effect.

16.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations freely.

16.5 Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for such external content or services.

16.6 No Employment Relationship

Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and us.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.